Just transferring to this one.
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What is a political party?
The Canada Elections Act defines a political party as "an organization one of whose fundamental purposes is to participate in public affairs by endorsing one or more of its members as candidates and supporting their election."
Forming and registering a federal political party are two different things. There is no legislation regulating the formation of federal political parties. Once a party exists, it may apply to be registered under the Act.
The Act uses the following terms:
eligible party: a party that has applied for registration under the Act, and that has met all of the legal requirements to be registered (including having at least 250 members who are electors), other than running a candidate at a general election or by-election
registered party: a party is registered under the Act if it succeeds in endorsing one or more confirmed candidates in a general election or a by-election after it has become eligible for registration, and
deregistered party: a registered party that has been deregistered by the Chief Electoral Officer for failing to endorse a confirmed candidate in at least one electoral district, for failing to have three officers in addition to its leader, for failing to have at least 250 members who are electors, or for failing to file documents specified by the Act. A registered party may also be deregistered by the Chief Electoral Officer by the order of a competent court on the application of the Commissioner of Canada Elections, if the party does not meet the Act's definition of a political party. A party may deregister voluntarily.
Party name on the ballot
One of the traditional benefits of registered status for a political party is that the party's name may appear on the ballot, together with the name of the party's candidate in that electoral district. If a candidate is not endorsed by a registered party, the candidate can choose to have either the word "independent" or nothing at all under his or her name on the ballot.
Applying for registration
A political party that wishes to participate in a federal general election or by-election may apply to register with the Chief Electoral Officer of Canada. The application for registration must be signed by the party leader, and must include:
the full name of the political party
either the party's short-form name or the abbreviation of the party's name, if any, which will appear on election documents such as the ballot
the party’s logo, if any
the name and address of the party's leader, and a copy of the party's resolution to appoint its leader that is certified by the leader and another officer of the party
the address of the party's office where records are kept and to which communications may be addressed
the names and addresses of the party's officers and their signed consent to act
the name and address of the party's auditor and the auditor's signed consent to act as auditor
the name and address of the party's chief agent and his or her signed consent to act as chief agent
the names, addresses and signatures of 250 electors and their declarations in the prescribed form that they are members of the party and support the party's application for registration, and
the leader's declaration in the prescribed form that having considered all the factors relevant to determining the party's purposes, one of the party's fundamental purposes is to participate in public affairs by endorsing one or more of its members as candidates and supporting their election
The entire application, including the names of the members, is a public document. To confirm the accuracy of the leader's declaration about the party's fundamental purposes, the Chief Electoral Officer may ask the leader to provide further relevant information.
Restrictions on party names
The name, short-form name, abbreviation or logo of the political party applying for registration must not so resemble the name, short-form name, abbreviation or logo of another party as to be confused with it. The name must not include the word "independent", nor any word likely to be confused with it. If the party intends to adopt French and English versions of its name, both versions must be submitted with the application.
Appointing officers of the party
An eligible party and a registered party must at all times have at least three officers in addition to the leader of the party, the chief agent and the auditor. Only a person whose ordinary residence is in Canada can be eligible to be an officer of a registered or eligible party.
The party must report any new appointment of an officer to the Chief Electoral Officer, accompanied by a copy of the signed consent of that person to act as an officer.
If a person ceases to be an officer of the party for any reason, and if the remaining number of officers is less than four, the party must appoint a replacement within 30 days.
Subject to some exceptions, a person must not act as an officer of an eligible or registered party if that person knows that the party does not have as one of its fundamental purposes participating in public affairs by endorsing one or more of its members as candidates and supporting their election.
Appointing an auditor
A party applying for registration must appoint as its auditor an eligible person or partnership that is a member in good standing of a corporation, association or institute of professional accountants (CA, CMA, CGA). The party appoints its auditor in accordance with its internal bylaws. The auditor must sign a declaration accepting the appointment. If an auditor ceases to hold office for any reason, the party must appoint a new auditor at once and the leader must notify the Chief Electoral Officer of the change in writing within 30 days.
The following persons are not eligible to be auditors:
an election officer or a member of the staff of a returning officer
a candidate
an officer of a registered or eligible party
an official agent of a candidate
a chief agent of a registered party or an eligible party
a registered agent of a registered party
electoral district agents of registered associations
leadership contestants and their leadership campaign agents
nomination contestants and their financial agents, or
financial agents of registered third parties
Appointing a chief agent
A party applying for registration must appoint an eligible person or corporation as its chief agent. To be eligible for appointment as chief agent, a person must be eligible to vote and must have the capacity to enter into contracts in the province or territory in which the person ordinarily resides.
For a corporation to be eligible, it must have been incorporated under federal or provincial law. If the chief agent is a corporation, any declaration by the chief agent required under the Act must be completed by a person authorized to sign on behalf of the corporation.
The following persons are not eligible to be a chief agent:
an election officer or a member of the staff of a returning officer
a candidate
an undischarged bankrupt
an auditor appointed under the Act
a person who is not an elector or is not a corporation incorporated under federal or provincial law, or
a person who does not have the capacity to enter into contracts in the province or territory in which the person ordinarily resides
The chief agent must sign a declaration accepting the appointment. If a chief agent ceases to hold office for any reason, the party must appoint a new chief agent at once and the leader must notify the Chief Electoral Officer in writing within 30 days of the change.
http://www.elections.ca/content.asp?section=gen&document=ec90530&dir=bkg&lang=e&textonly=false
