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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: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 day on which they receive the final instalment of the reimbursement of the candidate’s expenses; 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 the reimbursement mentioned in paragraph (a).

Marginal note:Method of disposal of surplus

 A candidate’s official agent shall dispose of surplus electoral funds by transferring them

  • (a) in the case of a candidate who was endorsed by a registered party, to that party or to the registered association of that party in the candidate’s electoral district; or

  • (b) in any other case, to the Receiver General.

  • 2014, c. 12, s. 86

Marginal note:Notice of disposal of surplus

  •  (1) A candidate’s official agent shall, within seven days after disposing of a candidate’s surplus electoral funds, give the Chief Electoral Officer a notice in the prescribed form of the amount and date of the disposal and to whom the surplus was transferred.

  • Marginal note:Publication

    (2) As soon as feasible after the disposal of a candidate’s surplus electoral funds, the Chief Electoral Officer shall publish the notice in any manner that he or she considers appropriate.

  • 2014, c. 12, s. 86

Marginal note:Requisition for repayment

  •  (1) An official agent who has disposed of a candidate’s surplus electoral funds under paragraph 477.82(b) and must subsequently pay an electoral campaign expense of the candidate may apply to the Chief Electoral Officer for repayment in an amount that is not more than the lesser of the amount of the subsequent payment and the amount of the surplus electoral funds.

  • Marginal note:Repayment

    (2) On receipt of a request for payment from the Chief Electoral Officer in relation to an application, the Receiver General shall pay the amount specified in the application to the official agent out of the Consolidated Revenue Fund.

  • 2014, c. 12, s. 86

Marginal note:Persons to whom this section applies

  •  (1) This section applies to any person who was a candidate at an election but who was not endorsed by a registered party and whose official agent disposed of the candidate’s surplus electoral funds under paragraph 477.82(b).

  • Marginal note:Application for repayment

    (2) The official agent of a candidate who is a person referred to in subsection (1) may, for the purpose of the candidate’s electoral campaign, apply to the Chief Electoral Officer for repayment of the amount of the surplus electoral funds referred to in that subsection if that candidate

    • (a) is a candidate at the general election next following the election to which the funds relate but is not endorsed by a registered party and was not a candidate at any intervening by-election;

    • (b) is a candidate at one, and only one, intervening by-election and at that by-election is not endorsed by a registered party; or

    • (c) is a candidate at more than one intervening by-election and, at the first intervening by-election at which they are a candidate, is not endorsed by a registered party.

  • Marginal note:Payment

    (3) On receipt of a request for payment from the Chief Electoral Officer in relation to an application, the Receiver General shall pay the amount specified in the application to the candidate’s official agent out of the Consolidated Revenue Fund.

Marginal note:Prohibition — transfer of contributions

 No registered agent of a registered party, no financial agent of a registered association and no financial agent of a nomination contestant shall transfer funds to a candidate after polling day except to pay claims related to the candidate’s electoral campaign.

  • 2014, c. 12, s. 86
Supply and Use of Forms

Marginal note:Prescribed forms — Income Tax Act

 A candidate and their official agent shall use the prescribed forms for official receipts to contributors for the purpose of subsection 127(3) of the Income Tax Act.

  • 2014, c. 12, s. 86

Marginal note:Provision of forms to returning officers

 The Chief Electoral Officer shall provide each returning officer with copies of prescribed forms.

  • 2014, c. 12, s. 86

Marginal note:Provision of forms to candidates

  •  (1) A returning officer shall provide each candidate in their electoral district with a reasonable number of copies of each prescribed form requested by the candidate or by their official agent.

  • Marginal note:Return of unused forms

    (2) A candidate and their official agent shall return any unused forms referred to in section 477.86 within a month after polling day.

  • Marginal note:Designated forms

    (3) The Chief Electoral Officer may, from among forms that are to be provided under subsection (1), designate those that may be provided only to the official agent of a candidate whose nomination has been confirmed under subsection 71(1).

  • 2014, c. 12, s. 86

SUBDIVISION CGifts and Other Advantages

Definition of candidate

 For the purposes of sections 477.9 to 477.95, a candidate is deemed to have become a candidate on the earlier of

  • (a) the day on which they are selected at a nomination contest, and

  • (b) the day on which the writ is issued for the election.

  • 2014, c. 12, s. 86

Marginal note:Prohibition

  •  (1) No candidate shall accept any gift or other advantage that might reasonably be seen to have been given to influence them in the performance of their duties and functions as a member of the House of Commons if the candidate were to be elected, during the period that

    • (a) begins on the day on which they are deemed to have become a candidate; and

    • (b) ends on

      • (i) the day on which they withdraw, if they withdraw in accordance with subsection 74(1),

      • (ii) the day on which they become a member of the House of Commons, if they are elected, or

      • (iii) polling day, in any other case.

  • Marginal note:Exception

    (2) Despite subsection (1), a candidate may accept a gift or other advantage that is given by a relative or as a normal expression of courtesy or protocol.

  • Marginal note:Statement of candidate

    (3) The candidate shall provide the Chief Electoral Officer with a statement in the prescribed form that discloses, in respect of all gifts or other advantages that the candidate accepted during the period referred to in subsection (1) whose benefit to the candidate exceeds $500 or, if accepted from the same person or entity in that period, exceeds a total of $500, other than gifts or other advantages given by relatives or made by way of an unconditional, non-discretionary testamentary disposition,

    • (a) the nature of each gift or other advantage, its commercial value and the cost, if any, to the candidate;

    • (b) the name and address of the person or entity giving the gift or other advantage; and

    • (c) the circumstances under which the gift or other advantage was given.

  • Marginal note:Clarification

    (4) For the purposes of subsection (3), the benefit to a candidate of a gift or other advantage that is a service or property, or the use of property or money, is the difference between the commercial value of the service or property or the use of the property or money and the cost, if any, to the candidate.

  • Marginal note:Period for providing statement

    (5) The candidate shall provide the statement to the Chief Electoral Officer within four months after polling day.

  • Marginal note:Definitions

    (6) The following definitions apply in this section.

    common-law partnership

    common-law partnership means the relationship between two persons who are cohabiting in a conjugal relationship, having so cohabited for a period of at least one year. (union de fait)

    gift or other advantage

    gift or other advantage means

    • (a) an amount of money if there is no obligation to repay it; and

    • (b) a service or property, or the use of property or money, that is provided without charge or at less than its commercial value.

    It does not include a contribution made by an eligible individual under Division 1 of this Part to the official agent of a candidate that does not exceed the limits set out in that Division, or a provision of goods or services or a transfer of funds under section 364. (cadeau ou autre avantage)

    relative

    relative, in respect of a candidate, means a person related to the candidate by marriage, common-law partnership, birth, adoption or affinity. (parent)

Marginal note:Extensions — Chief Electoral Officer

  •  (1) The Chief Electoral Officer, on the written application of a candidate, shall authorize the extension of the period referred to in subsection 477.9(5), unless he or she is satisfied that the candidate’s failure to make the statement was deliberate or was the result of the candidate’s failure to exercise due diligence.

  • Marginal note:Deadline

    (2) The application may be made within the period referred to in subsection 477.9(5) or within two weeks after the end of that period.

  • 2014, c. 12, s. 86

Marginal note:Corrections or revisions — Chief Electoral Officer

  •  (1) The Chief Electoral Officer, on the written application of a candidate, shall authorize the correction or revision of the statement if he or she is satisfied by the evidence submitted by the candidate that the correction or revision is necessary in order for the requirements of this subdivision to be complied with.

  • Marginal note:Application made without delay

    (2) The application shall be made immediately after the candidate becomes aware of the need for correction or revision.

  • Marginal note:Deadline for corrections or revisions

    (3) The candidate shall provide the Chief Electoral Officer with the corrected or revised version of the statement within 30 days after the day on which the correction or revision is authorized or within any extension of that period authorized under subsection (4) or (5).

  • Marginal note:New deadline

    (4) The Chief Electoral Officer, on the written application of the candidate made within two weeks after the end of the 30-day period referred to in subsection (3), shall authorize the extension of that period, unless he or she is satisfied that the candidate’s failure to provide the corrected or revised version of the statement was deliberate or was the result of the candidate’s failure to exercise due diligence.

  • Marginal note:Extension of new deadline

    (5) The Chief Electoral Officer, on the written application of the candidate made within two weeks after the end of an extension authorized under subsection (4) or under this subsection, shall authorize the further extension of that period, unless he or she is satisfied that the candidate’s failure to provide the corrected or revised version of the statement was deliberate or was the result of the candidate’s failure to exercise due diligence.

  • 2014, c. 12, s. 86

Marginal note:Extensions, corrections or revisions — judge

  •  (1) A candidate may apply to a judge for an order

    • (a) authorizing an extension referred to in subsection 477.91(1); or

    • (b) authorizing a correction or revision referred to in subsection 477.92(1).

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

  • Marginal note:Deadline

    (2) The application may be made

    • (a) under paragraph (1)(a), within two weeks after, as the case may be,

      • (i) if an application for an extension is not made to the Chief Electoral Officer within the period referred to in subsection 477.91(2), the end of the two-week period referred to in that subsection,

      • (ii) the rejection of an application for an extension made in accordance with section 477.91, or

      • (iii) the end of the extended period referred to in subsection 477.91(1); or

    • (b) under paragraph (1)(b), within two weeks after the rejection of an application for a correction or revision made in accordance with section 477.92.

  • Marginal note:Grounds — extension

    (3) The judge shall grant an order authorizing an extension unless the judge is satisfied that the candidate’s failure to provide the required statement was deliberate or was the result of their failure to exercise due diligence.

  • Marginal note:Grounds — corrections or revisions

    (4) The judge shall grant an order authorizing a correction or revision if the judge is satisfied by the evidence submitted by the candidate that the correction or revision is necessary in order for the requirements of this subdivision to be complied with.

  • Marginal note:Contents of order

    (5) An order under subsection (1) may require that the candidate satisfy any condition that the judge considers necessary for carrying out the purposes of this Act.

  • 2014, c. 12, s. 86

Marginal note:Chief Electoral Officer to retain statements

  •  (1) The Chief Electoral Officer shall retain in its possession the statements referred to in subsection 477.9(3) for at least one year after the return of the writ for the election.

  • Marginal note:Information to be kept confidential

    (2) The Chief Electoral Officer shall keep the statements provided under subsection 477.9(3) confidential.

  • Marginal note:Exception

    (3) Subsection (2) does not prohibit the Commissioner from inspecting the statements referred to in that subsection, and any of those statements may be provided to the Director of Public Prosecutions and produced by the Director for the purpose of a prosecution for an offence under this Act.

  • 2014, c. 12, s. 86
 

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