References: - Canada Elections Act (2000, c. 9), Part 18 -- [ LINK ]

- Elections Canada (federal regulatory agency) web page re: law on political finances -- [ LINK ]

References: - Canada Elections Act (2000, c. 9), Part 18 -- [ LINK ]

- Elections Canada (federal regulatory agency) web page re: law on political finances -- [ LINK ]

- As of January 1, 2007, under the Canada Elections Act, Part 18, donations from corporations, unions or organizations of any kind to any party or any type of candidate at any time are prohibited; - the annual limit on individual donations is decreased from CA$5,000 to CA$1,100 (US$3,930 to US$865) total to each party; - the annual limit on individual donations is decreased from CA$5,000 to CA$1,100 combined total to each party's nomination race candidates, election candidates, and riding associations; - the annual limit on individual donations is decreased from CA$5,000 to CA$1,100 total to each election candidate who runs as an independent; - the limit on individual donations is decreased from CA$5,000 to CA$1,100 to each candidate during a campaign for the leadership of a party; - cash donations of more than CA$20 (US$15) are banned, to ensure that there is a written record of almost all donations.

- The limits increase annually on April 1 by the rate of inflation.

- However, loans by individuals to political parties are not limited -- a bill was introduced in 2007 to allow only loans by financial institutions to political parties and candidates (but not limit the amount of such loans) but the bill did not become law before the September-October federal election occurred.

References: - Canada Elections Act (2000, c. 9), Part 18 -- [ LINK ]

- Elections Canada (federal regulatory agency) web page re: law on political finances -- [ LINK ]

- As of January 1, 2007, under the Canada Elections Act, Part 18, donations from corporations, unions or organizations of any kind to any party or any type of candidate at any time are prohibited

- However, loans by corporations to political parties are not limited -- a bill was introduced in 2007 to allow only loans by financial institutions to political parties and candidates (but not limit the amount of such loans) but the bill did not become law before the September-October federal election occurred

- Also, individual donors do not have to disclose the identity of their employer or organizations with which they are affiliated in a significant way (such as being a board member), and the identity of volunteers who work for parties does not have to be tracked nor disclosed. These two loopholes mean that, even though it is illegal to do so, corporations, unions and other organizations can effectively funnel donations through individuals to parties, or give employees paid time off to "volunteer" for political parties, with little chance of being caught or penalized.

References: - Canada Elections Act (2000, c. 9), Part 18, Divisions 2 and 3 -- [ LINK ]

- Elections Canada (federal regulatory agency) web page re: law on political finances -- [ LINK ]

- The limits only apply to spending by a candidate or party during the election campaign period -- there are no limits on spending in between election campaign periods

- The limits are based on the number of voters in a constituency/district, and increase annually on April 1 by the rate of inflation, and are approximately CA$1 (US$0.80) per voter -- so candidates can spend approximately CA$1 per voter on their local district election campaign, and their party can spend an addition CA$1 per voter on its national election campaign.

- However, under Part 18, Division 2, subsection 407 of the Canada Elections Act, some expenses for a fund-raising activity and expenses to directly promote the nomination of a person as a candidate or as leader of a registered party are not defined as "expenses" under the Act, and this loophole allows candidates and parties to exceed their spending limits to varying degrees.

- Given that Elections Canada does not regularly audit all candidates' expenses, and does not even have the power to audit party expenses, it is very likely that parties abuse this loophole to exceed their election spending limits

- As well, loans by individuals and corporations to political parties are not limited -- a bill was introduced in 2007 to allow only loans by financial institutions to political parties and candidates (but not limit the amount of such loans) but the bill did not become law before the September-October federal election occurred. As a result, parties and their candidates can use loans to have access to more funding than they would if they relied only on donations made under the donation limits in the Canada Elections Act.

References: - All donations from individuals over CA$200 (US$157 combined total annually must be disclosed under the Canada Elections Act (2000, c. 9), Part 18 -- [ LINK ]

- As of Jan. 1, 2007, under the Canada Elections Act, Part 18, donations from corporations, unions or organizations of any kind to any party or any type of candidate at any time are prohibited

- Elections Canada (federal regulatory agency) web page re: law on political finances -- [ LINK ]

References: - Canada Elections Act (2000, c. 9), Part 18 -- [ LINK ]

References: - Canada Elections Act (2000, c. 9), Parts 2 and 3 -- [ LINK ]

- Elections Canada -- [ LINK ]

References: - Canada Elections Act (2000, c. 9), Part 18 -- [ LINK ]

- Elections Canada (federal regulatory agency) web page re: law on political finances -- [ LINK ]

References: - Canada Elections Act (2000, c. 9), Part 18 -- [ LINK ]

- Elections Canada (federal regulatory agency) web page re: law on political finances -- [ LINK ]

- As of Jan. 1, 2007, under the Canada Elections Act, Part 18, donations from corporations, unions or organizations of any kind to any party or any type of candidate at any time are prohibited; - the annual limit on individual donations is decreased from CA$5,000 to CA$1,100 (US$3,940 to US$865) total to each party; - the annual limit on individual donations is decreased from CA$5,000 to CA$1,100 combined total to each party's nomination race candidates, election candidates, and riding associations; - the annual limit on individual donations is decreased from CA$5,000 to CA$1,100 total to each election candidate who runs as an independent; - the limit on individual donations is decreased from CA$5,000 to CA$1,100 to each candidate during a campaign for the leadership of a party; - cash donations of more than CA$20 (US$15) are banned, to ensure that there is a written record of almost all donations.

- The limits increase annually on April 1 by the rate of inflation.

- However, loans by individuals to candidates are not limited. A bill was introduced in 2007 to allow only loans by financial institutions to political parties and candidates (but not limit the amount of such loans) but the bill did not become law before the September-October federal election occurred. As a result, candidates can use loans to have access to more funding than they would if they relied only on donations made under the donation limits in the Canada Elections Act

- As of June 12, 2007, under the Canada Elections Act, Part 6, sections 92.1 to 92.6, secret, unlimited donations of money, property or services made directly to candidates in federal elections are banned, and almost all donations of more than $500 (US $400) are required to be disclosed to the Chief Electoral Officer within four months after each election (in the past, unlimited donations were allowed and did not have to be disclosed as long as the candidate did not use the donation for their campaign).

- However, secret, unlimited donations of money, property or services are still legal to nomination race candidates, and to political party leadership race candidates, and to "trust funds" maintained by constituency associations of political parties (unlimited donations are allowed and do not have to be disclosed as long as the candidate or riding association do not use the donation for an election campaign.)

- Given that there is no tracking of federal Canadian candidates' assets and liabilities, or bank accounts for suspicious transactions, there is no way to determine whether a candidate has received a secret donation -- See for details: [ LINK ]

References: - Canada Elections Act (2000, c. 9), Part 18 -- [ LINK ]

- Elections Canada (federal regulatory agency) web page re: law on political finances -- [ LINK ]

- As of Jan. 1, 2007, under the Canada Elections Act, Part 18, donations from corporations, unions or organizations of any kind to any party or any type of candidate at any time are prohibited

- However, loans by to candidates are not limited. A bill was introduced in 2007 to allow only loans by financial institutions to political parties and candidates (but not limit the amount of such loans) but the bill did not become law before the September-October federal election occurred. As a result, candidates can use loans to have access to more funding than they would if they relied only on donations made under the donation limits in the Canada Elections Act.

- As of June 12, 2007, under the Canada Elections Act, Part 6, sections 92.1 to 92.6, secret, unlimited donations of money, property or services made directly to candidates in federal elections are banned, and almost all donations of more than US$500 (US$393) are required to be disclosed to the Chief Electoral Officer within four months after each election (in the past, unlimited donations were allowed and did not have to be disclosed as long as the candidate did not use the donation for their campaign.)

- However, under Part 18 of the Canada Elections Act, subsection 404.2(5), the provision by an employer of paid leave to an employee during the election campaign period to allow the employee run as a candidate in a nomination race, or in the election, is not a "donation" ("contribution") under the Act.

- Also, secret, unlimited donations of money, property or services are still legal to nomination race candidates, and to political party leadership race candidates, and to "trust funds" maintained by constituency associations of political parties (unlimited donations are allowed and do not have to be disclosed as long as the candidate or riding association do not use the donation for an election campaign.)

- Given that there is no tracking of federal Canadian candidates' assets and liabilities, or bank accounts for suspicious transactions, there is no way to determine whether a candidate has received a secret donation. -- See for details: [ LINK ]

- As well, individual donors do not have to disclose the identity of their employer or organizations with which they are affiliated in a significant way (such as being a board member), and the identity of volunteers who work for candidates does not have to be tracked nor disclosed. These two loopholes mean that, even though it is illegal to do so, corporations, unions and other organizations can effectively funnel donations through individuals to candidates, or give employees paid time off to "volunteer" for candidates, with little chance of being caught or penalized.

References: - Canada Elections Act (2000, c. 9), Part 18 -- [ LINK ]

- Elections Canada (federal regulatory agency) web page re: law on political finances -- [ LINK ]

- As of June 12, 2007, under the Canada Elections Act, Part 6, sections 92.1 to 92.6, secret, unlimited donations of money, property or services made directly to candidates in federal elections are banned, and almost all donations of more than US$500 (US$393) are required to be disclosed to the Chief Electoral Officer within four months after each election (in the past, unlimited donations were allowed and did not have to be disclosed as long as the candidate did not use the donation for their campaign).

- However, secret, unlimited donations of money, property or services are still legal to nomination race candidates, and to political party leadership race candidates, and to "trust funds" maintained by constituency associations of political parties (unlimited donations are allowed and do not have to be disclosed as long as the candidate or riding association do not use the donation for an election campaign.)

- Given that there is no tracking of federal Canadian candidates' assets and liabilities, or bank accounts for suspicious transactions, there is no way to determine whether a candidate has received a secret donation.-- See for details: [ LINK ]

- As well, individual donors do not have to disclose the identity of their employer or organizations with which they are affiliated in a significant way (such as being a board member), and the identity of volunteers who work for candidates does not have to be tracked nor disclosed. These two loopholes mean that, even though it is illegal to do so, corporations, unions and other organizations can effectively funnel donations through individuals to candidates, or give employees paid time off to "volunteer" for candidates, with little chance of being caught or penalized.

References: - Canada Elections Act (2000, c. 9), Part 18 -- [ LINK ]

References: - Canada Elections Act (2000, c. 9), Parts 2 and 3 -- [ LINK ]

- Elections Canada -- [ LINK ]

References: - Canada Elections Act (2000, c. 9), Part 18 -- [ LINK ]

- Elections Canada (federal regulatory agency) web page re: law on political finances -- [ LINK ]

- As of Jan. 1, 2007, under the Canada Elections Act, Part 18, donations from corporations, unions or organizations of any kind to any party or any type of candidate at any time are prohibited. The annual limit on individual donations was decreased from CA$5,000 to $1,100 (US$3,933 to US$865) total to each party; - the annual limit on individual donations was decreased from CA$5,000 to CA$1,100 combined total to each party's nomination race candidates, election candidates, and riding associations; - the annual limit on individual donations is decreased from CA$5,000 to CA$1,100 total to each election candidate who runs as an independent; - the limit on individual donations is decreased from CA$5,000 to CA$1,100 to each candidate during a campaign for the leadership of a party; - cash donations of more than $20 (US$15) are banned, to ensure that there is a written record of almost all donations.

- The limits increase annually on April 1 by the rate of inflation.

- However, loans by individuals to political parties are not limited. A bill was introduced in 2007 to allow only loans by financial institutions to political parties and candidates (but not limit the amount of such loans) but the bill did not become law before the September-October federal election occurred.

- As well, in between election campaign periods, there are no limits on spending by third parties (non-political parties) in direct or indirect support of political parties and/or constituency/district associations, and the limits on third party advertising that apply during election campaign periods do not apply during political party leadership campaign periods.

References: - Canada Elections Act (2000, c. 9), Part 18 -- [ LINK ]

- Elections Canada (federal regulatory agency) web page re: law on political finances -- [ LINK ]

- As of Jan. 1, 2007, under the Canada Elections Act, Part 18, donations from corporations, unions or organizations of any kind to any party or any type of candidate at any time are prohibited

- In addition, spending by third party (non-political party) individuals and groups on paid advertising that supports a political party or candidate, or supports the platform of a political party or candidate, is limited during election campaign periods to CA$188,300 (US$148,120) annually, and CA$3,666 (US$2,883) within the geographical bounds of any constituency association (the limits increase annually on April 1 by the inflation rate). [ LINK ]

- However, loans by corporations to political parties are not limited. A bill was introduced in 2007 to allow only loans by financial institutions to political parties and candidates (but not limit the amount of such loans) but the bill did not become law before the September-October federal election occurred. As a result, parties can raise more funds through loans than they would be able to if they relied only on donations under the donation limits.

- As well, secret, unlimited donations of money, property or services are still legal to nomination race candidates, and to political party leadership race candidates, and to "trust funds" maintained by constituency associations of political parties (unlimited donations are allowed and do not have to be disclosed as long as the candidate or riding association do not use the donation for an election campaign.)

- In addition, in between election campaign periods, there are no limits on spending by third parties (non-political parties) in direct or indirect support of political parties and/or constituency associations, and the limits on third party advertising that apply during election campaign periods do not apply during political party leadership campaign periods.

- As well, individual donors do not have to disclose the identity of their employer or organizations with which they are affiliated in a significant way (such as being a board member), and the identity of volunteers who work for candidates does not have to be tracked nor disclosed. These two loopholes mean that, even though it is illegal to do so, corporations, unions and other organizations can effectively funnel donations through individuals to candidates, or give employees paid time off to "volunteer" for candidates, with little chance of being caught or penalized.

References: - Canada Elections Act (2000, c. 9), Part 18, Divisions 2 and 3 -- [ LINK ]

- Elections Canada (federal regulatory agency) web page re: law on political finances -- [ LINK ]

- The limits only apply to spending by a candidate or party during the election campaign period. There are no limits on spending in between election campaign periods

- The limits are based on the number of voters in a constituency/district, and increase annually on April 1 by the rate of inflation, and are approximately CA$1 (US $0.80) per voter -- so candidates can spend approximately CA$1 per voter on their local district election campaign, and their party can spend an addition CA$1 per voter on its national election campaign

- However, under Part 18, Division 2, subsection 407 of the Canada Elections Act, some expenses for a fund-raising activity and expenses to directly promote the nomination of a person as a candidate or as leader of a registered party are not defined as "expenses" under the Act, and this loophole allows candidates and parties to exceed their spending limits to varying degrees.

- Given that Elections Canada does not regularly audit all candidates' expenses, and does not even have the power to audit party expenses, it is very likely that parties abuse this loophole to exceed their election spending limits.

- As well, loans by individuals and corporations to political parties are not limited. A bill was introduced in 2007 to allow only loans by financial institutions to political parties and candidates (but not limit the amount of such loans) but the bill did not become law before the September-October federal election occurred -- as a result, parties and their candidates can use loans to have access to more funding than they would if they relied only on donations made under the donation limits in the Canada Elections Act.

- In addition, Elections Canada (the federal regulatory agency) does not have the power to audit political party finances, and parties choose their own auditors, and as a result of these weaknesses in the auditing system it is open to parties to hide excess spending.

- In 2007-2008, another issue arose that brings into question the party election spending limits through a prominent Elections Canada investigation (which has not yet resulted in a prosecution) concerning the federal Conservative Party of Canada's transfer of funds in the 2006 federal election from its national campaign to more than 60 of the parties' candidates for the candidates to use to buy TV advertising time to run the national campaign's TV ads.

- Elections Canada ruled that these transfers, while legal under the Act, resulted in candidates claiming local district election campaign expenditures which were not legal (and for which Elections Canada refused to reimburse the candidates under the public financing reimbursement program that gives candidates who win more than 10 percent of the vote in their local district a reimbursement of 50 percent of their campaign expenses.)

- Elections Canada ruled that the Conservative Party should have claimed the TV advertising expenses as part of the Party's national campaign expenditures, and that therefore the Party's national campaign had spent CA$1.2 million (US$945,319) more than the legal spending limit for national party campaigns.

- In response, the Conservative Party of Canada filed a civil lawsuit against Elections Canada in an attempt to win a ruling that Elections Canada must reimburse 50 percent of the TV ad expenses for all of its candidates who won more than 10 percent of the vote in their local district.

- Elections Canada is also preparing to prosecute the Conservative Party in an attempt to win a court ruling that the Party's TV advertising funds transfer essentially violated the national campaign spending limits under the Act.

- The court's ruling in the Party's civil lawsuit against Elections Canada will very likely determine whether Elections Canada proceeds with a prosecution against the Party, as this ruling will essentially determine whether or not the Party's transfer of funds to local candidates was legal under the Canada Elections Act -- See for details -- [ LINK ]

- Elections Canada ruled that these transfers, while legal under the Act, resulted in candidates claiming local district election campaign expenditures which were not legal (and for which Elections Canada refused to reimburse the candidates under the public financing reimbursement program that gives candidates who win more than 10% of the vote in their local district a reimbursement of 50 percent of their campaign expenses.)

- Elections Canada ruled that the Conservative Party should have claimed the TV advertising expenses as part of the Party's national campaign expenditures, and that therefore the Party's national campaign had spent CA$1.2 million (US$944,361) more than the legal spending limit for national party campaigns.

- In response, the Conservative Party of Canada filed a civil lawsuit against Elections Canada in an attempt to win a ruling that Elections Canada must reimburse 50 percent of the TV ad expenses for all of its candidates who won more than 10 percent of the vote in their local district.

- Elections Canada is also preparing to prosecute the Conservative Party in an attempt to win a court ruling that the Party's TV advertising funds transfer essentially violated the national campaign spending limits under the Act.

- The court's ruling in the Party's civil lawsuit against Elections Canada will very likely determine whether Elections Canada proceeds with a prosecution against the Party, as this ruling will essentially determine whether or not the Party's transfer of funds to local candidates was legal under the Canada Elections Act -- See for details -- [ LINK ]

References: - Elections Canada -- [ LINK ]

- Chief Electoral Officer's Statutory reports section on following Elections Canada web page -- [ LINK ]

- Commissioner of Canada Elections "Compliance Agreements" archive on following Elections Canada web page -- [ LINK ]" target="_blank">[ LINK ]

- Commissioner of Canada Elections "Sentencing Digest" archive on following Elections Canada web page -- [ LINK ]

- As of Jan. 1, 2007, prosecutions under the Canada Elections Act were no longer handled by the Commissioner of Canada Elections, and since then while the Commissioner continues to investigate allegations of violations of the Act (in conjunction with police forces, especially the Royal Canadian Mounted Police (RCMP - Canada's national police force), prosecutions under the Act are handled by the new office of the Director of Public Prosecutions and the Public Prosecutions Service of of Canada (PPSC) -- [ LINK ]

- Since 2000, the Commissioner of Canada Elections has been empowered under the Canada Elections Act to reach "compliance agreements" with violators (or likely violators) of the Act, and has used this process several times instead of prosecuting and seeking penalties -- http://www.elections.ca/content.asp?section=loi&document=index&dir=agr&lang=e

- Also, in the "Enforcement" section of the October 2004 report on the process and results of the June 2004 election, the Chief Electoral Officer reported that 505 complaints had been filed, 389 had been resolved, 116 remained open, and that "As the cases progress, updated statistics on complaints, investigations and prosecutions appear in the Chief Electoral Officer's periodic reports and publications, as well as on the Elections Canada Web site". However, details about the 505 complaints (the nature of the complaint, the results of the investigation, the nature of the resolution of the complaint) are not in the report, nor in any other publicly available report from Elections Canada, and the Compliance Agreement and Sentencing Digest Web pages set out above contain details about only a dozen or so cases from 2004. -- [ LINK ]

- When legal limits on federal political donations first came into force on Jan. 1, 2004, there were media reports of donations above the limits during the May-June 2004 federal election, and further media reports that Elections Canada only required the donations to be returned.

- In section 4.2.4 of the Electoral Law Enforcement of the May 2006 report on the process and results of the January 2006 election, the Chief Electoral Officer reported that 329 complaints had been filed, 231 had been resolved, 98 remained open, and that "As cases progress, updated statistics on complaints, compliance agreements and prosecutions appear in the Chief Electoral Officer's periodic reports and publications". However, details about the 329 complaints (the nature of the complaint, the results of the investigation, the nature of the resolution of the complaint) are not in the report, nor in any other publicly available report from Elections Canada, and the Compliance Agreement and Sentencing Digest Web pages set out above contain details about only a dozen or so cases from 2006. -- [ LINK ]

References: - Elections Canada -- [ LINK ]

- Chief Electoral Officer's Statutory reports section on following Elections Canada web page -- [ LINK ]

- Commissioner of Canada Elections "Compliance Agreements" archive on following Elections Canada web page -- [ LINK ]" target="_blank">[ LINK ]

- Commissioner of Canada Elections "Sentencing Digest" archive on following Elections Canada web page -- [ LINK ]

- As of Jan. 1, 2007, prosecutions under the Canada Elections Act were no longer handled by the Commissioner of Canada Elections, and since then while the Commissioner continues to investigate allegations of violations of the Act (in conjunction with police forces, especially the Royal Canadian Mounted Police (RCMP - Canada's national police force), prosecutions under the Act are handled by the new office of the Director of Public Prosecutions and the Public Prosecutions Service of of Canada (PPSC) -- [ LINK ]

- Since 2000, the Commissioner of Canada Elections has been empowered under the Canada Elections Act to reach "compliance agreements" with violators (or likely violators) of the Act, and has used this process several times instead of prosecuting and seeking penalties -- http://www.elections.ca/content.asp?section=loi&document=index&dir=agr&lang=e

- Also, in the "Enforcement" section of the October 2004 report on the process and results of the June 2004 election, the Chief Electoral Officer reported that 505 complaints had been filed, 389 had been resolved, 116 remained open, and that "As the cases progress, updated statistics on complaints, investigations and prosecutions appear in the Chief Electoral Officer's periodic reports and publications, as well as on the Elections Canada Web site". However, details about the 505 complaints (the nature of the complaint, the results of the investigation, the nature of the resolution of the complaint) are not in the report, nor in any other publicly available report from Elections Canada, and the Compliance Agreement and Sentencing Digest Web pages set out above contain details about only a dozen or so cases from 2004. -- [ LINK ]

- When legal limits on federal political donations first came into force on Jan. 1, 2004, there were media reports of donations above the limits during the May-June 2004 federal election, and further media reports that Elections Canada only required the donations to be returned.

- In section 4.2.4 of the Electoral Law Enforcement of the May 2006 report on the process and results of the January 2006 election, the Chief Electoral Officer reported that 329 complaints had been filed, 231 had been resolved, 98 remained open, and that "As cases progress, updated statistics on complaints, compliance agreements and prosecutions appear in the Chief Electoral Officer's periodic reports and publications". However, details about the 329 complaints (the nature of the complaint, the results of the investigation, the nature of the resolution of the complaint) are not in the report, nor in any other publicly available report from Elections Canada, and the Compliance Agreement and Sentencing Digest Web pages set out above contain details about only a dozen or so cases from 2006. -- [ LINK ]

References: - Elections Canada -- [ LINK ]

- Chief Electoral Officer's Statutory reports section on following Elections Canada web page -- [ LINK ]

- Political parties and constituency (district) associations and candidates are required by the Canada Elections Act to provide their audited annual (parties and riding associations) and election campaign period (parties and candidates) financial statements to Elections Canada, but Elections Canada does not have the power under the Act, nor the mandate, to audit the parties' and riding associations' statements, and does not audit all candidates' statements. As a result, it is very possible for parties, associations and candidates to submit an inaccurate financial statement, especially given that they choose their own auditors.

References: - Canada Elections Act (2000, c. 9), Part 18 -- [ LINK ]

- Elections Canada (federal regulatory agency) web page re: law on political finances -- [ LINK ]

- As of Jan. 1, 2007, under the Canada Elections Act, Part 18, donations from corporations, unions or organizations of any kind to any party or any type of candidate at any time are prohibited; - the annual limit on individual donations is decreased from CA$5,000 to CA$1,100 (US3,934 to US$8) total to each party; - the annual limit on individual donations is decreased from CA$5,000 to CA$1,100 combined total to each party's nomination race candidates, election candidates, and riding associations; - the annual limit on individual donations is decreased from CA$5,000 to CA$1,100 total to each election candidate who runs as an independent; - the limit on individual donations is decreased from CA$5,000 to CA$1,100 to each candidate during a campaign for the leadership of a party; - cash donations of more than $20 (US$15.7) are banned, to ensure that there is a written record of almost all donations.

- The limits increase annually on April 1 by the rate of inflation

- As of June 12, 2007, under the Canada Elections Act, Part 6, sections 92.1 to 92.6, secret, unlimited donations of money, property or services made directly to candidates in federal elections are banned, and almost all donations of more than CA$500 (US $393) are required to be disclosed to the Chief Electoral Officer within four months after each election (in the past, unlimited donations were allowed and did not have to be disclosed as long as the candidate did not use the donation for their campaign.)

- In addition, spending by third party (non-political party) individuals and groups on paid advertising that supports a political party or candidate, or supports the platform of a political party or candidate, is limited during election campaign periods to CA$188,300 (US$148.186) annually, and CA$3,666 (US$2,885) within the geographical bounds of any constituency association (the limits increase annually on April 1st by the inflation rate.) -- [ LINK ]

- However, loans by individuals to political candidates are not limited -- a bill was introduced in 2007 to allow only loans by financial institutions to political parties and candidates (but not limit the amount of such loans) but the bill did not become law before the September-October federal election occurred.

- As well, secret, unlimited donations of money, property or services are still legal to nomination race candidates, and to political party leadership race candidates, and to "trust funds" maintained by constituency associations of political parties (unlimited donations are allowed and do not have to be disclosed as long as the candidate or riding association do not use the donation for an election campaign.)

- Given that there is no tracking of federal Canadian candidates' assets and liabilities, or bank accounts for suspicious transactions, there is no way to determine whether a candidate has received a secret donation -- See for details: [ LINK ]

- In addition, in between election campaign periods, there are no limits on spending by third parties (non-political parties) in direct or indirect support of political parties and/or constituency associations, and the limits on third party advertising that apply during election campaign periods do not apply during political party leadership campaign periods.

References: - Canada Elections Act (2000, c. 9), Part 18 -- [ LINK ]

- Elections Canada (federal regulatory agency) web page re: law on political finances -- [ LINK ]

- As of Jan. 1, 2007, under the Canada Elections Act, Part 18, donations from corporations, unions or organizations of any kind to any party or any type of candidate at any time are prohibited.

- As of June 12, 2007, under the Canada Elections Act, Part 6, sections 92.1 to 92.6, secret, unlimited donations of money, property or services made directly to candidates in federal elections are banned, and almost all donations of more than CA$500 (US$393) are required to be disclosed to the Chief Electoral Officer within four months after each election (in the past, unlimited donations were allowed and did not have to be disclosed as long as the candidate did not use the donation for their campaign.)

- In addition, spending by third party (non-political party) groups on paid advertising that supports a political party or candidate, or supports the platform of a political party or candidate, is limited during election campaign periods to CA$188,300 (US$148,186) annually, and CA$3,666 (US$2,885) within the geographical bounds of any constituency association (the limits increase annually on April 1st by the inflation rate) -- [ LINK ]

- However, loans by corporations to political parties are not limited -- a bill was introduced in 2007 to allow only loans by financial institutions to political parties and candidates (but not limit the amount of such loans) but the bill did not become law before the September-October federal election occurred. As a result, candidates can raise more funds through loans than they could if they only relied on donations under the donation limits.

- As well, under Part 18 of the Canada Elections Act, subsection 404.2(5), the provision by an employer of paid leave to an employee during the election campaign period to allow the employee run as a candidate in a nomination race, or in the election, is not a donation ("contribution") under the Act.

- Also, secret, unlimited donations of money, property or services are still legal to nomination race candidates, and to political party leadership race candidates, and to "trust funds" maintained by constituency associations of political parties (unlimited donations are allowed and do not have to be disclosed as long as the candidate or riding association do not use the donation for an election campaign).

- Given that there is no tracking of federal Canadian candidates' assets and liabilities, or bank accounts for suspicious transactions, there is no way to determine whether a candidate has received a secret donation -- See for details: [ LINK ]

- As well, individual donors do not have to disclose the identity of their employer or organizations with which they are affiliated in a significant way (such as being a board member), and the identity of volunteers who work for candidates does not have to be tracked nor disclosed -- these two loopholes mean that, even though it is illegal to do so, corporations, unions and other organizations can effectively funnel donations through individuals to candidates, or give employees paid time off to "volunteer" for candidates, with little chance of being caught or penalized.

- In addition, in between election campaign periods, there are no limits on spending by third parties (non-political parties) in direct or indirect support of political parties and/or constituency associations, and the limits on third party advertising that apply during election campaign periods do not apply during political party leadership campaign periods.

References: - Elections Canada -- [ LINK ]

- Chief Electoral Officer's Statutory reports section on following Elections Canada web page -- [ LINK ]

- Commissioner of Canada Elections "Compliance Agreements" archive on following Elections Canada web page -- [ LINK ]" target="_blank">[ LINK ]

- Commissioner of Canada Elections "Sentencing Digest" archive on following Elections Canada web page -- [ LINK ]

- As of Jan. 1, 2007, prosecutions under the Canada Elections Act were no longer handled by the Commissioner of Canada Elections, and since then while the Commissioner continues to investigate allegations of violations of the Act (in conjunction with police forces, especially the Royal Canadian Mounted Police (RCMP - Canada's national police force), prosecutions under the Act are handled by the new office of the Director of Public Prosecutions and the Public Prosecutions Service of of Canada (PPSC) -- [ LINK ]

- Since 2000, the Commissioner of Canada Elections has been empowered under the Canada Elections Act to reach "compliance agreements" with violators (or likely violators) of the Act, and has used this process several times instead of prosecuting and seeking penalties -- http://www.elections.ca/content.asp?section=loi&document=index&dir=agr&lang=e

- Also, in the "Enforcement" section of the October 2004 report on the process and results of the June 2004 election, the Chief Electoral Officer reported that 505 complaints had been filed, 389 had been resolved, 116 remained open, and that "As the cases progress, updated statistics on complaints, investigations and prosecutions appear in the Chief Electoral Officer's periodic reports and publications, as well as on the Elections Canada web site". However, details about the 505 complaints (the nature of the complaint, the results of the investigation, the nature of the resolution of the complaint) are not in the report, nor in any other publicly available report from Elections Canada, and the Compliance Agreement and Sentencing Digest Web pages set out above contain details about only a dozen or so cases from 2004. -- [ LINK ]

- When legal limits on federal political donations first came into force on Jan. 1, 2004, there were media reports of donations above the limits during the May-June 2004 federal election, and further media reports that Elections Canada only required the donations to be returned.

- In section 4.2.4 of the Electoral Law Enforcement of the May 2006 report on the process and results of the January 2006 election, the Chief Electoral Officer reported that 329 complaints had been filed, 231 had been resolved, 98 remained open, and that "As cases progress, updated statistics on complaints, compliance agreements and prosecutions appear in the Chief Electoral Officer's periodic reports and publications". However, details about the 329 complaints (the nature of the complaint, the results of the investigation, the nature of the resolution of the complaint) are not in the report, nor in any other publicly available report from Elections Canada, and the Compliance Agreement and Sentencing Digest web pages set out above contain details about only a dozen or so cases from 2006. -- [ LINK ]

References: - Elections Canada -- [ LINK ]

- Chief Electoral Officer's Statutory reports section on following Elections Canada web page -- [ LINK ]

- Commissioner of Canada Elections "Compliance Agreements" archive on following Elections Canada web page -- [ LINK ]" target="_blank">[ LINK ]

- Commissioner of Canada Elections "Sentencing Digest" archive on following Elections Canada web page -- [ LINK ]

- As of Jan. 1, 2007, prosecutions under the Canada Elections Act were no longer handled by the Commissioner of Canada Elections, and since then while the Commissioner continues to investigate allegations of violations of the Act (in conjunction with police forces, especially the Royal Canadian Mounted Police (RCMP - Canada's national police force), prosecutions under the Act are handled by the new office of the Director of Public Prosecutions and the Public Prosecutions Service of of Canada (PPSC) -- [ LINK ]

- Since 2000, the Commissioner of Canada Elections has been empowered under the Canada Elections Act to reach "compliance agreements" with violators (or likely violators) of the Act, and has used this process several times instead of prosecuting and seeking penalties -- http://www.elections.ca/content.asp?section=loi&document=index&dir=agr&lang=e

- Also, in the "Enforcement" section of the October 2004 report on the process and results of the June 2004 election, the Chief Electoral Officer reported that 505 complaints had been filed, 389 had been resolved, 116 remained open, and that "As the cases progress, updated statistics on complaints, investigations and prosecutions appear in the Chief Electoral Officer's periodic reports and publications, as well as on the Elections Canada web site". However, details about the 505 complaints (the nature of the complaint, the results of the investigation, the nature of the resolution of the complaint) are not in the report, nor in any other publicly available report from Elections Canada, and the Compliance Agreement and Sentencing Digest Web pages set out above contain details about only a dozen or so cases from 2004. -- [ LINK ]

- When legal limits on federal political donations first came into force on Jan. 1, 2004, there were media reports of donations above the limits during the May-June 2004 federal election, and further media reports that Elections Canada only required the donations to be returned.

- In section 4.2.4 of the Electoral Law Enforcement of the May 2006 report on the process and results of the January 2006 election, the Chief Electoral Officer reported that 329 complaints had been filed, 231 had been resolved, 98 remained open, and that "As cases progress, updated statistics on complaints, compliance agreements and prosecutions appear in the Chief Electoral Officer's periodic reports and publications". However, details about the 329 complaints (the nature of the complaint, the results of the investigation, the nature of the resolution of the complaint) are not in the report, nor in any other publicly available report from Elections Canada, and the Compliance Agreement and Sentencing Digest web pages set out above contain details about only a dozen or so cases from 2006. -- [ LINK ]

References: - Elections Canada -- [ LINK ]

- Chief Electoral Officer's Statutory reports section on following Elections Canada web page -- [ LINK ]

- Political parties and constituency (district) associations and candidates are required by the Canada Elections Act to provide their audited annual (parties and riding associations) and election campaign period (parties and candidates) financial statements to Elections Canada, but Elections Canada does not have the power under the Act, nor the mandate, to audit the parties' and riding associations' statements, and does not audit all candidates' statements. As a result, it is very possible for parties, associations and candidates to submit an inaccurate financial statement, especially given that they choose their own auditors.

References: - Political parties are required by Part 18, Division 3 of the Canada Elections Act (2000, c. 9) -- [ LINK ] -- to disclose their donations and outstanding loans quarterly, but their expenses only annually.

- Parties are not required to disclose their donations and outstanding loans in the week or so before each voting day, and as a result voters are denied key information about who or what organizations are bankrolling the party.

References: - Political parties are required by Part 18, Division 3 of the Canada Elections Act (2000, c. 9) -- [ LINK ] -- to disclose their donations and outstanding loans quarterly, but their expenses only annually.

- Parties are not required to disclose their donations and outstanding loans in the week or so before each voting day, and as a result voters are denied key information about who or what organizations are bankrolling the party.

References: - Elections Canada (federal regulatory agency) Web page re: law on political finances -- [ LINK ]

- Elections Canada maintains online registries of donations that are updated reasonably soon after data is received from political parties, constituency associations and candidates. The registries are fully searchable for no cost.

References: - Constituency associations are required by the Canada Elections Act Canada Elections Act (2000, c. 9) -- [ LINK ] -- to disclose their donations and expenditures only annually.

- Nomination race and election candidates are required by the Canada Elections Act to disclose their donations and expenditures only four-six months after the day of the nomination vote, or election vote.

- Political party leadership race candidates are required by the Canada Elections Act to disclose their donations and loans 30 days before the date of the party leadership vote, and then every week during the last 30 days leading up to the vote.

- As of June 12, 2007, under the Canada Elections Act: - secret, unlimited donations of money, property or services made directly to candidates in federal elections are banned, and almost all donations of more than CA$500 (US$393) are required to be disclosed to the Chief Electoral Officer within four months after each election (in the past, unlimited donations were allowed and did not have to be disclosed as long as the candidate did not use the donation for their campaign.)

- However, secret, unlimited donations of money, property or services are still legal to nomination race candidates, and to political party leadership race candidates, and to "trust funds" maintained by constituency associations of political parties (unlimited donations are allowed and do not have to be disclosed as long as the candidate or riding association do not use the donation for an election campaign.)

- In addition, loans to constituency associations, and candidates are not limited, and only political parties are required under the Canada Elections Act to disclose regularly the amount and terms of loans (candidates are required to disclose the amount and terms of loans within four to six months after their election campaign.)

References: - Constituency associations are required by the Canada Elections Act Canada Elections Act (2000, c. 9) -- [ LINK ] -- to disclose their donations and expenditures only annually.

- Nomination race and election candidates are required by the Canada Elections Act to disclose their donations and expenditures only four-six months after the day of the nomination vote, or election vote.

- Political party leadership race candidates are required by the Canada Elections Act to disclose their donations and loans 30 days before the date of the party leadership vote, and then every week during the last 30 days leading up to the vote.

- As of June 12, 2007, under the Canada Elections Act: - secret, unlimited donations of money, property or services made directly to candidates in federal elections are banned, and almost all donations of more than CA$500 (US$393) are required to be disclosed to the Chief Electoral Officer within four months after each election (in the past, unlimited donations were allowed and did not have to be disclosed as long as the candidate did not use the donation for their campaign.)

- However, secret, unlimited donations of money, property or services are still legal to nomination race candidates, and to political party leadership race candidates, and to "trust funds" maintained by constituency associations of political parties (unlimited donations are allowed and do not have to be disclosed as long as the candidate or riding association do not use the donation for an election campaign.)

- In addition, loans to constituency associations, and candidates are not limited, and only political parties are required under the Canada Elections Act to disclose regularly the amount and terms of loans (candidates are required to disclose the amount and terms of loans within four to six months after their election campaign.)

References: - Elections Canada (federal regulatory agency) Web page re: law on political finances -- [ LINK ]

- Elections Canada maintains online registries of donations that are updated reasonably soon after data is received from political parties, constituency associations and candidates. The registries are fully searchable for no cost.