2025 federal election: Third-party regulated activities

Canada’s 45^th general election will take place on April 28. Businesses and non-profits that are considering engaging in the political process during this time must know the law and understand how to navigate the rules and restrictions imposed by the Canada Elections Act (CEA).¹

This update is the third in a series providing an overview of key political law issues relevant to elections in Canada and the first addressing the federal election. Specifically, it addresses the rules surrounding third parties’ activities during federal election campaigns. 

Federal rules regarding third parties’ activities during election campaigns

The CEA strictly regulates how third parties can participate in or influence elections.

Third parties are persons or groups other than a registered party, registered electoral district association, an unregistered electoral district association of a registered party, or a candidate. 

Under the CEA, Elections Canada regulates three types of activities in which third parties may participate during an election period. These are:

• Partisan activities: These are activities that directly promote or oppose a political party, nomination contestant, potential candidate, candidate or party leader, other than by taking a position on an issue with which the political party or person is associated. This includes a wide range of non-advertising activities, such as door-to-door canvassing or telephone calls that expressly endorse or oppose a party or candidate, or independently hosting an event where a candidate or party leader is present.
• Election advertising: This includes advertising that expressly promotes or opposes a political party or candidate, but it also includes advertising where a party or candidate is not identified if a position is taken on an issue that is associated with a registered party or candidate. All election advertising must include a tagline indicating that it was authorized by the third party, and include the third party’s name, phone number and civic or internet address.
• Election surveys: This includes surveys about voting intentions or choices, or about an issue associated with a registered party or candidate, that a third party conducts or causes to be conducted during the election period, if the results of the surveys are used in carrying out further regulated activities or deciding whether to do so.

The expenses incurred for these regulated activities are subject to strict spending limits under the CEA. For the 2025 general election, those limits are $602,700 in total, and $5,166 in any given electoral district.

Aside from the rules regarding regulated activities, the CEA prohibits corporations from making contributions to a registered party, a registered association, a nomination contestant, a candidate or a leadership contestant. Only individuals can make contributions to these persons and groups, which are also subject to strict spending limits. 

Moreover, the CEA prohibits foreign third parties from incurring expenses for regulated activities.

Third parties participating in regulated activities must be registered and report to Elections Canada

A third party engaging in any of the three regulated activities must register with Elections Canada if its combined expenses for all activities are $500 or more during the election period. 

Registration involves:

• Appointing a financial agent, who must sign a declaration accepting the appointment;
• Appointing an auditor, if the third party spends $10,000 or more in combined expenses on its activities; and
• Submitting an application form to Elections Canada.

Registered third parties will appear in a database on Elections Canada’s website, where some of their information, including their names and partial addresses, are made available to the public.

Third parties must also report to Elections Canada on their activities during and after the election period. Notably, registered third parties must provide a detailed return indicating all inflows and outflows after the end of the campaign, in addition to interim reporting required during the election period itself

Other obligations under the CEA and penalties

The CEA prohibits cooperation with other persons or entities to circumvent a party or candidate’s expense limits or to influence the third parties’ regulated activities, which the CEA refers to as collusion.

Non-compliance with the CEA can result in severe financial penalties. Failure to comply may lead to an administrative monetary penalty and, in some instances, may constitute an offence resulting in a fine of up to $50,000, a term of up to five years’ imprisonment, or both.

The authors would like to thank Ian Chesney, articling student, for his contribution to preparing this legal update.