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

Marginal note:Deemed contributions

• 478.22 (1) An unpaid claim mentioned in a return referred to in subsection 478.23(1) that remains unpaid, in whole or in part, on the day that is 18 months after the selection date — or in the case referred to in subsection 478.23(7), after the polling day — is deemed to be a contribution of the unpaid amount to the nomination contestant made as of the day on which the expense was incurred.

• Marginal note:When no deemed contribution

  (2) Subsection (1) does not apply to an unpaid claim that, on the day referred to in that subsection,

  • (a) is the subject of a binding agreement to pay;

  • (b) is the subject of a legal proceeding to secure its payment;

  • (c) is the subject of a dispute as to the amount the nomination contestant was liable to pay or the amount that remains unpaid; or

  • (d) has been written off by the creditor as an uncollectable debt in accordance with the creditor’s normal accounting practices.

• Marginal note:Notice

  (3) A nomination contestant or a financial agent who believes that any of paragraphs (2)(a) to (d) applies to a liability to pay an amount shall so notify the Chief Electoral Officer before the day referred to in subsection (1).

• Marginal note:Publication of deemed contributions

  (4) As soon as practicable after the day referred to in subsection (1), the Chief Electoral Officer shall, in any manner that he or she considers appropriate, publish the list of claims that are deemed under subsection (1) to be contributions.

Marginal note:Nomination campaign return

• 478.23 (1) The financial agent of a nomination contestant who has accepted contributions of $1,000 or more in total or incurred nomination campaign expenses of $1,000 or more in total shall provide the Chief Electoral Officer with the following in respect of a nomination campaign:

  • (a) a nomination campaign return, substantially in the prescribed form, on the financing and nomination campaign expenses for the nomination campaign;

  • (b) if the appointment of an auditor is required under subsection 478.25(1), the auditor’s report on the return made under section 478.28;

  • (c) a declaration, in the prescribed form, made by the financial agent that the return is complete and accurate; and

  • (d) a declaration, in the prescribed form, made by the nomination contestant that the return is complete and accurate.

• Marginal note:Contents of return

  (2) The nomination campaign return shall include the following in respect of the nomination contestant:

  • (a) a statement of nomination campaign expenses;

  • (b) a statement of disputed claims that are the subject of proceedings under section 478.21;

  • (c) a statement of unpaid claims that are, or may be, the subject of an application under section 478.19 or 478.2;

  • (d) a statement of contributions received;

  • (e) the number of contributors;

  • (e.1) [Repealed, 2006, c. 9, s. 54]

  • (f) the name and address of each contributor who made contributions of a total amount of more than $200 to the nomination contestant, that total amount, as well as the amount of each such contribution and the date on which it was received by the contestant;

  • (g) [Repealed, 2006, c. 9, s. 54]

  • (h) a statement of the commercial value of goods or services provided and of funds transferred by the nomination contestant to a registered party, a registered association, or a candidate;

  • (i) a statement of the commercial value of goods or services provided and of funds transferred to the nomination contestant from himself or herself in his or her capacity as a candidate; and

  • (j) a statement of the contributions received but returned to the contributor or otherwise dealt with in accordance with this Act.

• Marginal note:Supporting documents

  (3) Together with the nomination campaign return, the financial agent of a nomination contestant shall provide to the Chief Electoral Officer documents evidencing expenses set out in the return, including bank statements, deposit slips, cancelled cheques and the contestant’s written statement concerning personal expenses referred to in subsection 478.31(1).

• Marginal note:Order for additional supporting documents

  (4) If the Chief Electoral Officer is of the opinion that the documents provided under subsection (3) are not sufficient, the Chief Electoral Officer may require the financial agent to provide by a specified date any additional documents that are necessary to comply with that subsection.

• Marginal note:Loans

  (5) For the purpose of subsection (2), other than paragraph (2)(i), a contribution includes a loan.

• Marginal note:Period for providing documents

  (6) The documents referred to in subsection (1) must be provided to the Chief Electoral Officer within four months after the selection date.

• Marginal note:Exception

  (7) Despite subsection (6), if the selection date of a nomination contest falls within an election period for that electoral district or the 30 days before it, a nomination contestant may submit the documents referred to in subsection (1) within the period for candidates referred to in subsection 451(4).

• Marginal note:Declaration of nomination contestant

  (8) A nomination contestant shall, within four months after the selection date, send to his or her financial agent the declaration referred to in paragraph (1)(d).

• Marginal note:Death of nomination contestant

  (9) If a nomination contestant dies without having sent the declaration within the period referred to in subsection (8),

  • (a) he or she is deemed to have sent the declaration in accordance with that subsection; and

  • (b) the financial agent is deemed to have sent the declaration to the Chief Electoral Officer in accordance with subsection (1).