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

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

Marginal note:Unenforceable contracts

 A contract in relation to an electoral campaign is not enforceable against the candidate unless it was entered into by

  • (a) the candidate personally;

  • (b) the candidate’s official agent; or

  • (c) a person whom the official agent may, in writing, have authorized to enter into the contract.

  • 2014, c. 12, s. 86.
Marginal note:Irregular claims or payments — Chief Electoral Officer
  •  (1) On the written application of a person who has a claim to be paid for an electoral campaign expense or to be paid for a loan made to the candidate under section 373, or on the written application of the candidate’s official agent or the candidate, the Chief Electoral Officer may, on being satisfied that there are reasonable grounds for so doing, in writing authorize the candidate’s official agent to pay the amount claimed if the payment of the expense or the repayment of the loan was not made within the three-year period referred to in subsection 477.54(1).

  • Marginal note:Conditions

    (2) The Chief Electoral Officer may impose any term or condition that he or she considers appropriate on a payment authorized under subsection (1).

  • 2014, c. 12, s. 86.
Marginal note:Irregular claims or payments — judge

 On the application of a person who has a claim to be paid for a candidate’s electoral campaign expense or to be paid for a loan made to the candidate under section 373, or on the application of the candidate’s official agent or the candidate, a judge may, on being satisfied that there are reasonable grounds for so doing, by order authorize the candidate’s official agent to pay the amount claimed if

  • (a) the applicant establishes that an authorization under subsection 477.56(1) has been refused and that the payment has not been made within the three-year period referred to in subsection 477.54(1); or

  • (b) the amount claimed has not been paid in accordance with an authorization obtained under subsection 477.56(1) and the applicant establishes their inability to comply with the authorization for reasons beyond their control.

The applicant shall notify the Chief Electoral Officer that the application has been made.

  • 2014, c. 12, s. 86.
Marginal note:Proceedings to recover payment

 A person who has sent an invoice or other document evidencing a claim under section 477.53, or has a claim for repayment of a loan made to a candidate under section 373, may commence proceedings in a court of competent jurisdiction to recover any unpaid amount

  • (a) at any time, if the candidate or their official agent refuses to pay that amount or disputes that it is payable; or

  • (b) after the end of the period mentioned in subsection 477.54(1) or any extension of that period authorized under subsection 477.56(1) or section 477.57, in any other case.

The candidate shall notify the Chief Electoral Officer that the proceedings have been commenced.

  • 2014, c. 12, s. 86.

Electoral Campaign Return

Marginal note:Electoral campaign return
  •  (1) A candidate’s official agent shall provide the Chief Electoral Officer with the following in respect of an election:

    • (a) an electoral campaign return, in the prescribed form, on the financing and expenses for the candidate’s electoral campaign;

    • (b) the auditor’s report on the return under section 477.62;

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

    • (d) a declaration in the prescribed form by the candidate that the return is complete and accurate.

  • Marginal note:Contents of return

    (2) The electoral campaign return shall set out

    • (a) a statement of election expenses, including a statement of election expenses incurred for voter contact calling services as defined in section 348.01, provided by a calling service provider as defined in that section, that indicates the name of that provider and the amount of those expenses;

    • (b) a statement of electoral campaign expenses, other than election expenses, including a statement of electoral campaign expenses incurred for voter contact calling services as defined in section 348.01, provided by a calling service provider as defined in that section, that indicates the name of that provider and the amount of those expenses;

    • (c) a statement of claims that are the subject of proceedings under section 477.58;

    • (d) a statement of unpaid claims, including those resulting from loans made to the candidate under section 373;

    • (e) a statement of the terms and conditions of each loan made to the candidate under section 373, including the amount of the loan, the interest rate, the lender’s name and address, the dates and amounts of repayments of principal and payments of interest, the unpaid principal remaining at the end of each calendar year and, if there is a guarantor, the guarantor’s name and address and the amount guaranteed;

    • (f) the total amount of contributions received by the candidate;

    • (g) the number of contributors;

    • (h) the name and address of each contributor who made contributions of a total amount of more than $200 to the candidate, that total amount, as well as the amount of each of those contributions and the date on which the candidate received it;

    • (i) a statement of the commercial value of goods or services provided and of funds transferred by the candidate to a registered party, to a registered association or to themselves in their capacity as a nomination contestant;

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

    • (k) a statement of contributions received but returned in whole or in part to the contributors or otherwise dealt with in accordance with this Act.

  • Marginal note:Supporting documents

    (3) Together with the electoral campaign return, the official agent of a candidate shall provide the Chief Electoral Officer with documents evidencing expenses set out in the return, including bank statements, deposit slips, cancelled cheques and the candidate’s written statement concerning personal expenses referred to in subsection 477.64(1).

  • Marginal note:Additional supporting documents

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

  • Marginal note:Report

    (5) If there is any amendment to the information in a statement referred to in paragraph (2)(e), including with respect to the giving of a guarantee or suretyship in respect of the loan, then the candidate’s official agent shall without delay provide the Chief Electoral Officer with a report on the amendment in the prescribed form.

  • Marginal note:Publication

    (6) The Chief Electoral Officer shall, in the manner that he or she considers appropriate, publish the information in a statement made under paragraph (2)(e) and any report provided under subsection (5) as soon as feasible after receiving the information or report.

  • Marginal note:Period for providing documents

    (7) The documents referred to in subsection (1) shall be provided to the Chief Electoral Officer within four months after polling day.

  • Marginal note:Declaration of candidate

    (8) A candidate shall, within four months after polling day, send their official agent the declaration referred to in paragraph (1)(d).

  • Marginal note:Death of candidate

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

    • (a) they are deemed to have sent the declaration in accordance with that subsection;

    • (b) the official agent is deemed to have provided the declaration to the Chief Electoral Officer in accordance with subsection (1); and

    • (c) the Chief Electoral Officer is deemed to have received the declaration for the purposes of sections 477.73, 477.75 and 477.76.

  • Marginal note:Payment of unpaid claims

    (10) If a claim — including one resulting from a loan — is paid in full after the return under paragraph (1)(a) is provided to the Chief Electoral Officer, the candidate’s official agent shall provide him or her with a report in the prescribed form on the payment of the claim within 30 days after the day on which the payment is made, including information indicating the source of the funds used to pay the claim.

  • Marginal note:First update

    (11) The candidate’s official agent shall provide the Chief Electoral Officer with an updated version of the statement of unpaid claims referred to in paragraph (2)(d), as of the day that is 18 months after polling day, within the period that begins 18 months after polling day and ends 19 months after polling day. The updated version shall include the following information concerning the unpaid amount of a claim, including one resulting from a loan:

    • (a) whether any part of the unpaid amount is disputed and, if so, what steps the parties have taken to resolve the dispute;

    • (b) whether the claim is the subject of proceedings under section 477.58;

    • (c) whether the unpaid amount of a loan is the subject of proceedings to secure its payment, or of a dispute as to the amount that was to be paid or the amount that remains unpaid;

    • (d) whether the parties have agreed on a repayment schedule and, if so, whether repayments are being made according to the schedule;

    • (e) whether the unpaid amount has been written off by the creditor as an uncollectable debt in accordance with the creditor’s normal accounting practices; and

    • (f) any other relevant information that could help explain why the amount is unpaid.

  • Marginal note:Second update

    (12) The candidate’s official agent shall provide the Chief Electoral Officer with an updated version of the statement of unpaid claims referred to in paragraph (2)(d), as of the day that is 36 months after polling day, within the period that begins 36 months after polling day and ends 37 months after polling day. The updated version shall include the information referred to in paragraphs (11)(a) to (f).

  • Marginal note:Supporting documents

    (13) Together with the updated versions of the statement of unpaid claims referred to in subsections (11) and (12), the candidate’s official agent shall provide the Chief Electoral Officer with documents evidencing the matters referred to in paragraphs (11)(a) to (f), including, if paragraph (11)(d) applies, a copy of the repayment schedule.

  • Marginal note:Additional supporting documents

    (14) If the Chief Electoral Officer is of the opinion that the documents provided under subsection (13) are not sufficient, he or she may require the official agent to provide by a specified date any additional documents that are necessary to comply with that subsection.

  • Marginal note:Irregular claims and payments

    (15) The candidate’s official agent shall provide the Chief Electoral Officer with a report in the prescribed form on the payment of a claim that was subject to an authorization to pay under section 477.56 or 477.57 or an order to pay resulting from proceedings commenced under section 477.58. The official agent shall provide the report within 30 days after the day on which the payment is made and shall include in it information indicating the source of the funds used to pay the claim.

  • 2014, c. 12, s. 86.
 
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