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

Full Document:  

Act current to 2024-05-28 and last amended on 2023-06-22. Previous Versions

PART 18Financial Administration (continued)

DIVISION 5Candidates (continued)

SUBDIVISION BFinancial Administration of Candidates (continued)

Marginal note:Prohibition — false or misleading declaration

 No candidate shall send to their official agent a declaration referred to in paragraph 477.59(1)(d) that they know or ought reasonably to know is false or misleading.

Marginal note:Prohibition — false, misleading or incomplete document

  •  (1) No official agent of a candidate shall provide the Chief Electoral Officer with a document referred to in subsection 477.59(1), (10), (11), (12) or (15) that

    • (a) the official agent knows or ought reasonably to know contains a material statement that is false or misleading; or

    • (b) in the case of a document referred to in paragraph 477.59(1)(a), does not substantially set out the information required under subsection 477.59(2) and, in the case of a document referred to in subsection 477.59(10), (11), (12) or (15), does not substantially set out the information required under that subsection.

  • Marginal note:Membership in House of Commons suspended — document not provided

    (2) If the Chief Electoral Officer determines, with respect to an elected candidate, that a document that was required to be provided under subsection 477.59(1), (10), (11), (12) or (15) was not provided within the period for providing it or within any extension to that period authorized under subsection 477.66(1), then, until the document is provided, the candidate is not entitled to continue to sit or vote as a member of the House of Commons as of

    • (a) the expiry of the two-week period referred to in paragraph 477.68(2)(b), determined on the basis of whichever of its subparagraphs applies, if the candidate or their official agent does not apply to a judge for an order under paragraph 477.68(1)(b);

    • (b) if the candidate or their official agent applies to a judge for an order under paragraph 477.68(1)(b), and the application is rejected, the expiry of the day on which the application is finally disposed of so as to deny it; and

    • (c) if the candidate or their official agent applies to a judge for an order under paragraph 477.68(1)(b) and the order is granted, the expiry of the period extended by the order.

  • Marginal note:Membership in House of Commons suspended — unmade correction or revision

    (2.1) If the Chief Electoral Officer determines, with respect to an elected candidate, that a correction or revision authorized to be made under subsection 477.67(1) was not made within 30 days after the day on which it was authorized, then, until the correction or revision is made, the candidate is not entitled to continue to sit or vote as a member of the House of Commons as of

    • (a) the expiry of the two-week period referred to in subsection 477.67(4), if the candidate or their official agent does not apply to the Chief Electoral Officer for an extension under that subsection;

    • (b) if the candidate or their official agent applies to the Chief Electoral Officer for an extension under subsection 477.67(4) and it is authorized, the expiry of two weeks after the expiry of the authorized extension, unless the candidate or their official agent applies to the Chief Electoral Officer for a further extension under subsection 477.67(5);

    • (c) if the candidate or their official agent applies to the Chief Electoral Officer for an extension under subsection 477.67(5) and it is authorized, the expiry of two weeks after the expiry of the authorized extension, unless the candidate or their official agent makes a further application to the Chief Electoral Officer for a extension under that subsection; and

    • (d) if the candidate or their official agent applies to the Chief Electoral Officer for an extension under subsection 477.67(4) or (5), and the application is rejected, the expiry of the day on which the application is rejected.

  • Marginal note:Membership in House of Commons suspended

    (3) If the Chief Electoral Officer determines, with respect to an elected candidate, that a correction or revision that was requested to be made under subsection 477.65(2) was not made within the period specified, then, until the correction or revision is made, the candidate is not entitled to continue to sit or vote as a member of the House of Commons as of

    • (a) the expiry of the two weeks referred to in paragraph 477.68(2)(a), if the candidate or their official agent does not apply to a judge for an order under paragraph 477.68(1)(a); or

    • (b) if the candidate or their official agent applies to a judge for an order under paragraph 477.68(1)(a), the expiry of the day on which the application is finally disposed of so as to deny it.

  • Marginal note:Speaker informed

    (4) As soon as an elected candidate is not entitled to continue to sit or vote as a member of the House of Commons under any of subsections (2), (2.1) and (3), the Chief Electoral Officer shall so inform the Speaker of the House of Commons.

Reimbursement of Certain Expenses

Marginal note:Reimbursement — first instalment

  •  (1) Without delay after receipt of a return of the writ for an electoral district, the Chief Electoral Officer shall provide the Receiver General with a certificate that sets out

    • (a) the name of the elected candidate, if any;

    • (b) the name of any candidate who received 10% or more of the number of valid votes cast; and

    • (c) the amount that is 15% of the election expenses limit calculated under section 477.49.

  • Marginal note:Payment of partial reimbursement

    (2) On receipt of the certificate, the Receiver General shall pay the amount set out in it out of the Consolidated Revenue Fund to the official agent of any candidate named in the certificate as partial reimbursement for the candidate’s election expenses, travel and living expenses that are related to travel and sojourns during the election period, accessibility expenses and personal expenses. The payment may be made to the person designated by the official agent.

  • Marginal note:Return of excess payment

    (3) A candidate’s official agent shall without delay return to the Receiver General any amount received under subsection (2) that is more than the sum of

    • (a) 60% of the candidate’s paid election expenses, as set out in the their electoral campaign return,

    • (b) 60% of the candidate’s paid travel and living expenses that are related to travel and sojourns during the election period, as set out in their electoral campaign return,

    • (c) 60% of the candidate’s paid personal expenses, as set out in their electoral campaign return, other than childcare expenses or expenses referred to in paragraphs 378(1)(c) and (d),

    • (d) 90% of the candidate’s paid childcare expenses, as set out in their electoral campaign return,

    • (e) 90% of the candidate’s paid expenses referred to in paragraphs 378(1)(c) and (d), as set out in their electoral campaign return, and

    • (f) 90% — to a maximum of $5,000 — of the candidate’s paid accessibility expenses, as set out in their electoral campaign return.

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 amount received as partial reimbursement under subsection 477.73(2) is less than the sum of the amounts calculated under paragraphs (2)(a) to (f); and

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

  • Marginal note:Calculation of reimbursement

    (2) The amount referred to in paragraph (1)(d) is the sum of the following, less the partial reimbursement made under section 477.73:

    • (a) 60% of the candidate’s paid election expenses, as set out in their electoral campaign return,

    • (b) 60% of the candidate’s paid travel and living expenses that are related to travel and sojourns during the election period, as set out in their electoral campaign return,

    • (c) 60% of the candidate’s paid personal expenses, as set out in their electoral campaign return, other than childcare expenses and expenses referred to in paragraphs 378(1)(c) and (d),

    • (d) 90% of the candidate’s paid childcare expenses, as set out in their electoral campaign return,

    • (e) 90% of the candidate’s paid expenses referred to in paragraphs 378(1)(c) and (d), as set out in their electoral campaign return, and

    • (f) 90% — to a maximum of $5,000 — of the candidate’s paid accessibility expenses, as set out in their electoral campaign return.

  • 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.

Marginal note:Payment to candidate

 The official agent shall use any amount received under subsection 477.73(2), or received under both that subsection and subsection 477.74(4), to pay to the candidate the amount that is the sum of

  • (a) 60% of the candidate’s personal expenses, as set out in their electoral campaign return, other than childcare expenses and expenses referred to in paragraph 378(1)(c) or (d), that were paid other than from the bank account referred to in subsection 477.46(1), and

  • (b) 90% of the total of the candidate’s childcare expenses and expenses referred to in paragraphs 378(1)(c) and (d), as set out in their electoral campaign return, that were paid other than from the bank account referred to in subsection 477.46(1).

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:Inflation adjustment factor

 The $1,500 amount set out in paragraph 477.75(a) and the $250 amount set out in paragraph 477.75(b) shall be multiplied by the inflation adjustment factor referred to in section 384 that is in effect on polling day.

 [Repealed, 2018, c. 31, s. 303]

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 the day on which the writ is withdrawn or deemed to be withdrawn; 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.

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 from the bank account referred to in subsection 477.46(1) 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’s official agent shall either transfer any capital assets whose acquisition constitutes an electoral campaign expense within the meaning of subsection 375(1) to the registered party that has endorsed the candidate — or to the registered association of that party in the candidate’s electoral district — 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) any of the following for which the candidate was reimbursed under this Act:

      • (i) an election expense,

      • (ii) travel and living expenses,

      • (iii) an accessibility expense,

      • (iv) a personal expense paid from the bank account referred to in subsection 477.46(1), and

      • (v) a cost incurred in respect of a request or an application made under Part 14, if the cost was paid from the bank account referred to in subsection 477.46(1);

    • (c) [Repealed, 2018, c. 31, s. 305]

    • (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:Exclusion

    (3.1) Despite subsection (3), for the purposes of this Act, none of the following is electoral revenue:

    • (a) any amount used to pay for a candidate’s litigation expenses that was not deposited into the bank account referred to in subsection 477.46(1);

    • (b) any amount used to pay for a candidate’s personal expenses that was not deposited into the bank account referred to in subsection 477.46(1);

    • (c) any amount paid to the candidate under this Act as a reimbursement of personal expenses that were paid other than from the bank account referred to in subsection 477.46(1); and

    • (d) any amount paid to the candidate under this Act as a reimbursement of a cost incurred in respect of a request or an application made under Part 14, if that cost was paid other than from the bank account referred to in subsection 477.46(1).

  • 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 paragraph (3)(b) that the candidate transfers to that registered party; and

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

 

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