Canada Elections Act (S.C. 2000, c. 9)

Marginal note:Death of candidate

469. If a candidate who was endorsed by a registered party dies in the period beginning at 2:00 p.m. on the 5th day before the closing day for nominations and ending on polling day,

• (a) he or she is deemed for the purpose of section 464 to receive 10% of the valid votes cast in the electoral district in which he or she was a candidate; and

• (b) the Chief Electoral Officer shall set out a percentage of 22.5 in the certificate referred to in subsection 464(1) for the other candidates in that electoral district.

Marginal note:Withdrawal of writ

• 470. (1) This Part applies, with the following modifications, to electoral campaign expenses of candidates in an electoral district in which a writ is withdrawn under section 59 or deemed to be withdrawn under section 551:

  • (a) the election is deemed to have been held on a polling day that is the day of publication of the notice of withdrawal in the Canada Gazette;

  • (b) each candidate is deemed to have obtained 10% of the votes that would have been validly cast at that deemed election; and

  • (c) on receipt of a certificate referred to in section 464 or 465, the Receiver General shall pay out of the Consolidated Revenue Fund to the candidate’s official agent — or may alternatively pay to the person designated by the agent — the lesser of

    • (i) the amount that is the election expenses limit provided for in section 440, and

    • (ii) the amount by which the candidate’s election expenses and personal expenses, as disclosed in his or her electoral campaign return, exceeds the total value of the contributions that the candidate received.

• Marginal note:No reimbursement

  (2) Despite subsection (1), a candidate is not entitled to reimbursement for election expenses or personal expenses if

  • (a) the writ is withdrawn or deemed to be withdrawn before the closing day for nominations; or

  • (b) the election expenses, as disclosed in the candidate’s electoral campaign return, are not more than the value of contributions that the candidate received.

Marginal note:Surplus of electoral funds

• 471. (1) The surplus amount of electoral funds that a candidate receives for an election is the amount by which the candidate’s electoral revenues referred to in subsection (2) are more than the total of the candidate’s electoral campaign expenses paid by his or her official agent and the transfers referred to in subsection (3).

• Marginal note:Electoral revenues

  (2) The electoral revenues of a candidate include any amount that represents

  • (a) a monetary contribution made to the candidate;

  • (b) an election expense or personal expense for which the candidate was reimbursed under this Act;

  • (c) the candidate’s nomination deposit for which he or she was reimbursed; and

  • (d) any other amount that was received by the candidate for his or her electoral campaign and that is not repayable.

• Marginal note:Transfers

  (3) A transfer made by a candidate is a transfer of

  • (a) any funds that the candidate transfers, during the election, to a registered party or a registered association;

  • (b) any amount of a reimbursement referred to in paragraphs (2)(b) and (c) that the candidate transfers to that registered party; and

  • (c) any funds transferred by the candidate under paragraph 404.2(2)(d).