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

Act current to 2017-11-20 and last amended on 2016-01-01. Previous Versions

DIVISION 5Candidates

SUBDIVISION AOfficial Agent and Auditor

Marginal note:Deeming

 For the purposes of Division 1 of this Part and this Division, except sections 477.89 to 477.95, a candidate is deemed to have been a candidate from the time they accept a provision of goods or services under section 364, accept a transfer of funds under that section, accept a contribution, borrow money under section 373 or incur an electoral campaign expense referred to in section 375.

  • 2000, c. 9, s. 477;
  • 2014, c. 12, s. 86.
Marginal note:Duty to appoint official agent
  •  (1) A candidate shall appoint an official agent before accepting a provision of goods or services under section 364, accepting a transfer of funds under that section, accepting a contribution, borrowing money under section 373 or incurring an electoral campaign expense referred to in section 375.

  • Marginal note:Appointment of auditor

    (2) A candidate shall appoint an auditor on appointing an official agent.

  • 2014, c. 12, s. 86.
Marginal note:Official agent — ineligibility

 The following persons are ineligible to be an official agent:

  • (a) an election officer or a member of the staff of a returning officer;

  • (b) a candidate;

  • (c) an auditor appointed as required by this Act;

  • (d) a person who is not an elector;

  • (e) an undischarged bankrupt; and

  • (f) a person who does not have full capacity to enter into contracts in the province in which they ordinarily reside.

  • 2014, c. 12, s. 86.
Marginal note:Auditor — eligibility
  •  (1) Only the following are eligible to be an auditor for a candidate:

    • (a) a person who is a member in good standing of a corporation, association or institute of professional accountants; or

    • (b) a partnership of which every partner is a member in good standing of a corporation, association or institute of professional accountants.

  • Marginal note:Auditor — ineligibility

    (2) The following persons are ineligible to be an auditor:

    • (a) an election officer or a member of the staff of a returning officer;

    • (b) the candidate or any other candidate;

    • (c) the official agent of the candidate or any other candidate;

    • (d) the chief agent of a registered party or an eligible party;

    • (e) a registered agent of a registered party;

    • (f) an electoral district agent of a registered association;

    • (g) a leadership contestant and their leadership campaign agent;

    • (h) a nomination contestant and their financial agent; and

    • (i) a financial agent of a registered third party.

  • 2014, c. 12, s. 86.
Marginal note:If partnership appointed as auditor

 Subject to sections 477.2 and 477.3, a person may be appointed as official agent or auditor for a candidate even if the person is a member of a partnership that has been appointed in accordance with this Act as an auditor for

  • (a) a candidate in an electoral district other than the electoral district of the candidate for whom the appointment is being made; or

  • (b) a registered party.

  • 2014, c. 12, s. 86.
Marginal note:Consent

 A candidate shall obtain from the official agent or auditor, on appointment, their signed consent to act in that capacity.

  • 2014, c. 12, s. 86.
Marginal note:Replacement of official agent or auditor

 In the event of the death, incapacity, resignation or ineligibility of an official agent or an auditor, or the revocation of the appointment of one, the candidate shall without delay appoint a replacement.

  • 2014, c. 12, s. 86.
Marginal note:Only one official agent and auditor

 A candidate shall have no more than one official agent and one auditor at a time.

  • 2014, c. 12, s. 86.
Marginal note:Prohibition — official agents
  •  (1) No person who is ineligible to be an official agent of a candidate shall act in that capacity.

  • Marginal note:Prohibition — auditor

    (2) No person who is ineligible to be an auditor of a candidate shall act in that capacity.

  • 2014, c. 12, s. 86.

SUBDIVISION BFinancial Administration of Candidates

Powers, Duties and Functions of Official Agent

Marginal note:Duty of official agent

 A candidate’s official agent is responsible for administering the candidate’s financial transactions for their electoral campaign and for reporting on those transactions in accordance with this Act.

  • 2014, c. 12, s. 86.
Marginal note:Bank account
  •  (1) A candidate’s official agent shall open, for the sole purpose of the candidate’s electoral campaign, a separate bank account in a Canadian financial institution as defined in section 2 of the Bank Act, or in an authorized foreign bank as defined in that section that is not subject to the restrictions and requirements referred to in subsection 524(2) of that Act.

  • Marginal note:Account holder name

    (2) The account shall name the account holder as follows: “(name of official agent), official agent”.

  • Marginal note:Payments and receipts

    (3) All of a candidate’s financial transactions in relation to the candidate’s electoral campaign that involve the payment or receipt of money are to be paid from or deposited to the account.

  • Marginal note:Closure of bank account

    (4) After the election or the withdrawal or death of a candidate, the candidate’s official agent shall close the account once all unpaid claims and surplus electoral funds have been dealt with in accordance with this Act.

  • Marginal note:Final statement of bank account

    (5) The official agent shall, on closing the account, provide the Chief Electoral Officer with the final statement of the account.

  • 2014, c. 12, s. 86.
Marginal note:Prohibition — accepting contributions, borrowing
  •  (1) No person or entity, other than the candidate’s official agent, shall accept contributions to a candidate’s electoral campaign or borrow money on the candidate’s behalf under section 373.

  • Marginal note:Prohibition — issuing tax receipts

    (2) No person or entity, other than the candidate’s official agent, shall provide official receipts to contributors of monetary contributions to a candidate for the purpose of subsection 127(3) of the Income Tax Act.

  • Marginal note:Prohibition — accepting or providing goods, services or funds

    (3) No person or entity, other than the candidate’s official agent, shall, on behalf of a candidate,

    • (a) accept a provision of goods or services, or a transfer of funds, if the provision or transfer is permitted under section 364; or

    • (b) provide goods or services, or transfer funds, if the provision or transfer is permitted under that section.

  • Marginal note:Prohibition — paying electoral expenses

    (4) No person or entity, other than the candidate’s official agent, shall pay expenses in relation to a candidate’s electoral campaign except for petty expenses referred to in section 381 and the candidate’s personal expenses.

  • Marginal note:Prohibition — incurring electoral expenses

    (5) No person or entity, other than a candidate, their official agent or a person authorized under paragraph 477.55(c) to enter into contracts, shall incur expenses in relation to the candidate’s electoral campaign.

  • Marginal note:Prohibition — paying candidate’s personal expenses

    (6) No person or entity, other than a candidate or their official agent, shall pay the candidate’s personal expenses.

  • Marginal note:Exception

    (7) Subsection (4) or (5), as the case may be, does not apply to a registered agent of a registered party who pays or incurs expenses in relation to the electoral campaign of the leader of the registered party.

  • 2014, c. 12, s. 86.
 
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