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:Reimbursement — final instalment
  •  (1) On receipt of the documents referred to in subsection 477.59(1), or a corrected or revised version of any of those documents, in respect of a candidate named in a certificate, the Chief Electoral Officer shall provide the Receiver General with a certificate that

    • (a) states that the Chief Electoral Officer is satisfied that the candidate and their official agent have complied with the requirements of subsection 477.56(2) and sections 477.59 to 477.71;

    • (b) states that the auditor’s report does not include a statement referred to in subsection 477.62(3);

    • (c) states that the candidate has incurred more than 30% of the election expenses limit calculated under section 477.49; and

    • (d) sets out the amount of the final instalment of the candidate’s election expenses and personal expenses reimbursement, calculated under subsection (2).

  • Marginal note:Calculation of reimbursement

    (2) The amount referred to in paragraph (1)(d) is the lesser of

    • (a) 60% of the sum of the candidate’s paid election expenses and paid personal expenses, as set out in their electoral campaign return, less the partial reimbursement made under section 477.73, and

    • (b) 60% of the election expenses limit calculated under section 477.49, less the partial reimbursement made under section 477.73.

  • Marginal note:Reduction of reimbursement

    (3) If a candidate’s election expenses, as set out in their electoral campaign return, exceed the election expenses limit calculated under section 477.49, the amount that is provided for in subsection (2) is reduced as follows:

    • (a) by one dollar for every dollar that exceeds the limit by less than 5%;

    • (b) by two dollars for every dollar that exceeds the limit by 5% or more but by less than 10%;

    • (c) by three dollars for every dollar that exceeds the limit by 10% or more but by less than 12.5%; and

    • (d) by four dollars for every dollar that exceeds the limit by 12.5% or more.

  • Marginal note:Payment of final instalment

    (4) On receipt of the certificate, the Receiver General shall pay, out of the Consolidated Revenue Fund, the amount set out in it to the candidate’s official agent. The payment may be made to the person designated by the official agent.

  • Marginal note:Reimbursement

    (5) If the amount that is provided for in subsection (2) is a negative amount after being reduced under subsection (3), the candidate’s official agent shall without delay return to the Receiver General that amount — expressed as a positive number — up to the amount of the partial reimbursement received by the official agent under section 477.73.

  • 2014, c. 12, s. 86.
Marginal note:Audit fee

 On receipt of the documents referred to in subsection 477.59(1), including the auditor’s report, and a copy of the auditor’s invoice for the auditor’s report, the Chief Electoral Officer shall provide the Receiver General with a certificate that sets out the greater of

  • (a) the amount of the expenses incurred for the audit, up to a maximum of the lesser of 3% of the candidate’s election expenses and $1,500, and

  • (b) $250.

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

 On receipt of the certificate, the Receiver General shall pay the amount set out in it to the auditor out of the Consolidated Revenue Fund.

  • 2014, c. 12, s. 86.
Marginal note:Return of deposit
  •  (1) The Chief Electoral Officer shall provide the Receiver General with a certificate that lists the names of

    • (a) each candidate, including one who has withdrawn under subsection 74(1), whose official agent the Chief Electoral Officer is satisfied has provided the documents under section 477.59 and returned any unused forms referred to in section 477.86, in accordance with subsection 477.88(2); and

    • (b) any candidate who has died before the closing of all the polling stations.

  • Marginal note:Payment

    (2) On receipt of the certificate, the Receiver General shall pay out of the Consolidated Revenue Fund the amount of each listed candidate’s nomination deposit to their official agent. The payment may be made to the person designated by the official agent.

  • Marginal note:No official agent acting at candidate’s death

    (3) If there is no official agent in the case described in paragraph (1)(b), the Chief Electoral Officer may return the nomination deposit to any person that he or she considers appropriate.

  • Marginal note:Forfeit to Her Majesty

    (4) Any nomination deposit that is not returned under this section is forfeited to Her Majesty in right of Canada.

  • 2014, c. 12, s. 86.
Marginal note:Death of candidate

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

  • (a) they are deemed for the purpose of section 477.73 to receive 10% of the valid votes cast in the electoral district in which they were a candidate; and

  • (b) in the certificate referred to in subsection 477.73(1) the Chief Electoral Officer shall set out, for the other candidates in that electoral district, the amount that is 22.5% of the election expenses limit calculated under section 477.49.

  • 2014, c. 12, s. 86.
Marginal note:Withdrawal of writ

 Division 1 of this Part and this Division apply to electoral campaign expenses of candidates in an electoral district in which a writ is withdrawn under subsection 59(1) or deemed to be withdrawn under subsection 31(3) of the Parliament of Canada Act, except that in such a case

  • (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 under subsection 59(2) or section 551; and

  • (b) each candidate is deemed to have received 10% of the number of the votes that would have been validly cast at that deemed election.

  • 2014, c. 12, s. 86.

Surplus of Electoral Funds

Marginal note:Surplus of electoral funds
  •  (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 (3) are more than the total of the candidate’s electoral campaign expenses paid by their official agent and the transfers referred to in subsection (4).

  • Marginal note:Transfer or sale of capital assets

    (2) Before the surplus amount of electoral funds is disposed of in accordance with sections 477.81 and 477.82, a candidate shall either transfer any capital assets whose acquisition constitutes an electoral campaign expense within the meaning of section 375 to the registered party that has endorsed the candidate — or to the registered association of that party — or sell them at their fair market value.

  • Marginal note:Electoral revenues

    (3) 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 they were reimbursed;

    • (d) the resale value of the capital assets referred to in subsection (2); and

    • (e) any other amount that was received by the candidate for their electoral campaign and that is not repayable.

  • Marginal note:Transfers

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

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

    • (b) any amount of a reimbursement referred to in paragraphs (3)(b) and (c) that the candidate transfers to that registered party; and

    • (c) any funds transferred by the candidate under paragraph 364(3)(d).

  • 2014, c. 12, s. 86.
Marginal note:Notice of estimated surplus
  •  (1) If the Chief Electoral Officer estimates that a candidate has a surplus of electoral funds, the Chief Electoral Officer shall issue a notice of the estimated amount of the surplus to the candidate’s official agent.

  • Marginal note:Disposal of surplus funds

    (2) The candidate’s official agent shall dispose of a surplus of electoral funds within 60 days after the day on which they receive the notice of estimated surplus.

  • Marginal note:Disposal without notice

    (3) If a candidate has a surplus of electoral funds but their official agent has not received a notice of estimated surplus, the official agent shall dispose of the surplus within 60 days after, as the case may be,

    • (a) the later of

      • (i) the day on which they receive the final instalment of the reimbursement of the candidate’s election expenses and personal expenses, and

      • (ii) the day on which they receive the reimbursement of the candidate’s nomination deposit; or

    • (b) the day on which the Chief Electoral Officer is provided with the candidate’s electoral campaign return, if the candidate did not receive either of the reimbursements mentioned in paragraph (a).

  • 2014, c. 12, s. 86.
 
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