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Surplus of Nomination Campaign Funds
Surplus of nomination campaign funds
476.91 The surplus amount of nomination campaign funds that a nomination contestant receives for a nomination contest is the amount by which the contributions accepted by the financial agent on behalf of the contestant and any other amounts received by the contestant for their nomination campaign that are not repayable are more than the contestant’s nomination campaign expenses paid under this Act and any transfers referred to in paragraph 364(5)(a).
Notice of estimated surplus
476.92 (1) If the Chief Electoral Officer estimates that a nomination contestant has a surplus of nomination campaign funds, the Chief Electoral Officer shall issue a notice of the estimated amount of the surplus to the contestant’s financial agent.
Disposal of surplus funds
(2) The nomination contestant’s financial agent shall dispose of a surplus of nomination campaign funds within 60 days after the day on which they receive the notice of estimated surplus.
Disposal without notice
(3) If a nomination contestant has a surplus of nomination campaign funds but their financial agent has not received a notice of estimated surplus, the financial agent shall dispose of the surplus within 60 days after the day on which the Chief Electoral Officer is provided with the contestant’s nomination campaign return.
Method of disposal of surplus
476.93 A nomination contestant’s financial agent shall dispose of surplus nomination campaign funds by transferring them to
(a) the official agent of the candidate endorsed by the registered party in the electoral district in which the nomination contest was held; or
(b) the registered association that held the nomination contest or the registered party for whose endorsement the contest was held.
Notice of disposal of surplus
476.94 (1) A nomination contestant’s financial agent shall, within seven days after disposing of the contestant’s surplus nomination campaign 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.
Publication
(2) As soon as feasible after the disposal of a nomination contestant’s surplus nomination campaign funds, the Chief Electoral Officer shall publish the notice in any manner that he or she considers appropriate.
Division 5
Candidates
Subdivision a
Official Agent and Auditor
Deeming
477. 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.
Duty to appoint official agent
477.1 (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.
Appointment of auditor
(2) A candidate shall appoint an auditor on appointing an official agent.
Official agent — ineligibility
477.2 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.
Auditor — eligibility
477.3 (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.
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.
If partnership appointed as auditor
477.4 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.
Consent
477.41 A candidate shall obtain from the official agent or auditor, on appointment, their signed consent to act in that capacity.
Replacement of official agent or auditor
477.42 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.
Only one official agent and auditor
477.43 A candidate shall have no more than one official agent and one auditor at a time.
Prohibition — official agents
477.44 (1) No person who is ineligible to be an official agent of a candidate shall act in that capacity.
Prohibition — auditor
(2) No person who is ineligible to be an auditor of a candidate shall act in that capacity.
Subdivision b
Financial Administration of Candidates
Powers, Duties and Functions of Official Agent
Duty of official agent
477.45 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.
Bank account
477.46 (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.
Account holder name
(2) The account shall name the account holder as follows: “(name of official agent), official agent”.
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.
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.
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.
Prohibition — accepting contributions, borrowing
477.47 (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.
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.
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.
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.
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.
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.
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.
Expense Limit for Notices of Nomination Meetings
Limit
477.48 (1) The amount that may be spent on providing notice of meetings that are to be held during an election period for the principal purpose of nominating a candidate for an election in an electoral district shall not be more than 1% of the maximum election expenses
(a) that were allowed for a candidate in that electoral district during the immediately preceding general election, if the boundaries for the electoral district have not changed since then; or
(b) that the Chief Electoral Officer determines, in any other case.
Prohibition on official agents, candidates and authorized persons
(2) No candidate, official agent of a candidate or person who is authorized under paragraph 477.55(c) to enter into contracts shall incur or cause to be incurred total expenses on account of notices referred to in subsection (1) in an amount that is more than the amount determined under that subsection.
Election Expenses Limit
Maximum election expenses allowed
477.49 (1) The election expenses limit that is allowed for a candidate’s election expenses in an electoral district is the product of the base amount for an electoral district determined under section 477.5 and the inflation adjustment factor referred to in section 384 on the day on which the writ is issued.
Election period longer than 36 days
(2) If an election period is longer than 36 days, then the election expenses limit calculated under subsection (1) is increased by adding to it the product of
(a) one thirty-sixth of the election expenses limit calculated under subsection (1), and
(b) the number of days in the election period minus 36.
Base amount of candidate’s election expenses
477.5 (1) The base amount of a candidate’s election expenses in an electoral district is the higher of
(a) the amount calculated, on the basis of the preliminary lists of electors for the electoral district, in accordance with subsections (3) to (6), and
(b) the amount calculated, on the basis of the revised lists of electors for the electoral district, in accordance with subsections (7) to (10).
Death of candidate of registered party
(2) If a candidate for an electoral district whose nomination 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, the base amount for that electoral district is increased by 50%.
Calculation using preliminary lists of electors
(3) The amount referred to in paragraph (1)(a) is the aggregate of the following amounts, based on the number of the electors on the preliminary lists of electors:
(a) $2.1735 for each of the first 15,000 electors,
(b) $1.092 for each of the next 10,000 electors, and
(c) $0.546 for each of the remaining electors.
Fewer electors than average — general election
(4) If the number of electors on the preliminary lists of electors for the electoral district is less than the average number of electors on all preliminary lists of electors in a general election, then, in making a calculation under subsection (3), the number of electors is deemed to be halfway between the number on the preliminary lists of electors for the electoral district and that average number.
Fewer electors than average — by-election
(5) In the case of a by-election, if the number of electors on the preliminary lists of electors for the electoral district is less than the average number of electors on all revised lists of electors in the immediately preceding general election, then, in making a calculation under subsection (3), the number of electors is deemed to be halfway between the number on the preliminary lists of electors for the electoral district and that average number.
Districts with lower population density
(6) If the number of electors per square kilometre, calculated on the basis of the preliminary lists of electors for the electoral district, is less than 10, the amount calculated under subsection (3) is increased by the lesser of $0.31 per square kilometre and 25% of the amount calculated under subsection (3).
Calculation using revised list of electors
(7) The amount referred to in paragraph (1)(b) is the aggregate of the following amounts, based on the number of the electors on the revised lists of electors:
(a) $2.1735 for each of the first 15,000 electors,
(b) $1.092 for each of the next 10,000 electors, and
(c) $0.546 for each of the remaining electors.
Fewer electors than average — general election
(8) If the number of electors on the revised lists of electors for the electoral district is less than the average number of electors on all revised lists of electors in a general election, then, in making a calculation under subsection (7), the number of electors is deemed to be halfway between the number on the revised lists of electors for the electoral district and that average number.
Fewer electors than average — by-election
(9) In the case of a by-election, if the number of electors on the revised lists of electors for the electoral district is less than the average number of electors on all revised lists of electors in the immediately preceding general election, then, in making a calculation under subsection (7), the number of electors is deemed to be halfway between the number on the revised lists of electors for the electoral district and that average number.
Districts with lower population density
(10) If the number of electors per square kilometre, calculated on the basis of the revised lists of electors for the electoral district, is less than 10, the amount calculated under subsection (7) is increased by the lesser of $0.31 per square kilometre and 25% of the amount calculated under subsection (7).
Estimated expenses
477.51 (1) On November 15 in each year, the Chief Electoral Officer shall calculate the election expenses limit referred to in section 477.49 for each electoral district, based on the lists of electors in the Register of Electors, as if an election were to be held on that date.
Availability of estimates
(2) The election expenses limit for an electoral district shall be sent
(a) to any person on request; and
(b) to the member of the House of Commons who represents the electoral district and each registered party that endorsed a candidate in the electoral district in the last election.
Maximum amount not guaranteed
(3) The election expenses limit calculated under subsection (1) is an estimate and, as such, may be increased or decreased for an electoral district in the subsequent election period.
Exception
(4) This section does not apply if November 15 falls during an election period or if the vote at a general election was held during the six months before that date.
Prohibition — expenses more than maximum
477.52 (1) No candidate, official agent of a candidate or person who is authorized under paragraph 477.55(c) to enter into contracts shall incur total election expenses in an amount that is more than the election expenses limit calculated under section 477.49.
Prohibition — collusion
(2) No candidate, official agent of a candidate, person who is authorized under paragraph 477.55(c) to enter into contracts or third party, as defined in section 349, shall act in collusion with each other for the purpose of circumventing the election expenses limit calculated under section 477.49.
Recovery of Claims for Debts
Claim for payment
477.53 A person who has a claim to be paid for an electoral campaign expense shall send the invoice or other document evidencing the claim to the candidate’s official agent or, if there is no official agent, to the candidate.
Payment within three years
477.54 (1) If a claim for an electoral campaign expense is evidenced by an invoice or other document that has been sent under section 477.53, or if a claim for repayment of a loan is made to the candidate under section 373, the claim shall be paid within three years after polling day.
Prohibition — payment without authorization
(2) No candidate and no official agent of a candidate shall pay a claim referred to in subsection (1) after the end of the three-year period referred to in that subsection unless authorized to do so under section 477.56 or 477.57, or ordered to do so as a result of proceedings commenced under section 477.58.
Unenforceable contracts
477.55 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.
Irregular claims or payments — Chief Electoral Officer
477.56 (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).
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).
Irregular claims or payments — judge
477.57 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.
Proceedings to recover payment
477.58 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.
Electoral Campaign Return
Electoral campaign return
477.59 (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.
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 cal- ling 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.
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).
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.
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.
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.
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.
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).
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.
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.
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.
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).
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.
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.
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.
Uncollectable debts
477.6 (1) If the updated version of the statement of unpaid claims provided under subsection 477.59(11) or (12) indicates that an unpaid amount of a loan has been written off by the lender as an uncollectable debt in accord- ance with the lender’s normal accounting practices, and the candidate is the candidate of a registered party, then the Chief Electoral Officer shall without delay inform the lender, the registered party and, if the registered party has a registered association in the candidate’s electoral district, the registered association.
Representations
(2) The Chief Electoral Officer shall give the lender, the registered party and the registered association the opportunity to make representations to him or her.
Chief Electoral Officer’s determination
(3) The Chief Electoral Officer shall, without delay after receiving the representations, determine whether the unpaid amount has been written off by the lender as an uncollectable debt in accordance with the lender’s normal accounting practices. He or she shall then inform the lender, the candidate, the registered party and the registered association of his or her determination.
Registered association or party liable
(4) If the Chief Electoral Officer determines that the unpaid amount has been written off by the lender as an uncollectable debt in accord- ance with the lender’s normal accounting practices, then the registered association or, if there is no registered association, the registered party becomes liable for the unpaid amount as if the association or party, as the case may be, had guaranteed the loan.
When contributions forwarded to Receiver General
477.61 If the name of the contributor of a contribution of more than $20 to a candidate, or the name or the address of a contributor who has made contributions of a total amount of more than $200 to a candidate, is not known, the candidate’s official agent shall, without delay, pay an amount of money equal to the value of the contribution to the Chief Electoral Officer, who shall forward it to the Receiver General.
Auditor’s report
477.62 (1) As soon as feasible after polling day, a candidate’s auditor shall report to the candidate’s official agent on the electoral campaign return and shall, in accordance with generally accepted auditing standards, make any examination that will enable the auditor to give an opinion in the report as to whether the return presents fairly the information contained in the financial records on which it is based.
Checklist
(2) The auditor’s report shall include a completed checklist for audits in the prescribed form.
Statement
(3) The auditor shall include in the report any statement that the auditor considers necessary if
(a) the return does not present fairly the information contained in the financial records on which it is based;
(b) the auditor has not received all the information and explanations that the auditor required; or
(c) based on the examination, it appears that the official agent has not kept proper financial records.
Right of access
(4) The auditor shall have access at any reasonable time to all of the candidate’s documents, and may require the candidate and their official agent to provide any information or explanation that, in the auditor’s opinion, may be necessary to enable the auditor to prepare the report.
Ineligible to prepare report
(5) No person referred to in subsection 477.3(2) who is a partner or an associate of a candidate’s auditor or who is an employee of that auditor, or of the firm in which that auditor is a partner or associate, shall participate, other than in the manner referred to in subsection (4), in the preparation of the auditor’s report.
Candidates outside Canada
477.63 (1) Despite subsection 477.59(7), a candidate who is outside Canada when the documents referred to in paragraphs 477.59(1)(a) to (c) are provided to the Chief Electoral Officer need not send their official agent the declaration referred to in paragraph 477.59(1)(d) within the period referred to in subsection 477.59(7), but if the candidate does not send it to their official agent within that period then the candidate shall provide the Chief Electoral Officer with the declaration no later than 14 days after the day on which they return to Canada.
Official agent relieved of obligation
(2) Despite subsection 477.59(1), the official agent need not provide the Chief Electoral Officer with the candidate’s declaration referred to in paragraph 477.59(1)(d) if, in the circumstances set out in subsection (1), the candidate has not sent it to the official agent.
Statement of personal expenses
477.64 (1) A candidate shall, within three months after polling day, send their official agent a written statement in the prescribed form that
(a) sets out the amount of any personal expenses that the candidate paid and details of those personal expenses, including documentation of their payment; or
(b) declares that the candidate did not pay for any personal expenses.
Death of candidate
(2) Subsection (1) does not apply to a candidate who dies before the end of the three-month period referred to in that subsection without having sent the written statement.
Corrections, Revisions and Extended Reporting Periods
Minor corrections — Chief Electoral Officer
477.65 (1) The Chief Electoral Officer may correct a document referred to in subsection 477.59(1), (10), (11), (12) or (15) if the correction does not materially affect its substance.
Corrections or revisions at request of Chief Electoral Officer
(2) The Chief Electoral Officer may in writing request a candidate’s official agent to correct or revise, within a specified period, a document referred to in subsection 477.59(1), (10), (11), (12) or (15).
Deadline for correction or revision
(3) If the Chief Electoral Officer requests a correction or revision, the candidate’s official agent shall provide him or her with the corrected or revised version of the document within the specified period.
Extensions — Chief Electoral Officer
477.66 (1) The Chief Electoral Officer, on the written application of a candidate or their official agent, shall authorize the extension of a period referred to in subsection 477.59(7), (10), (11), (12) or (15), unless he or she is satisfied that the official agent’s failure to provide the required documents was deliberate or was the result of their failure to exercise due diligence.
Deadline
(2) The application may be made within the period referred to in subsection 477.59(7), (10), (11), (12) or (15) or within two weeks after the end of that period.
Corrections or revisions — Chief Electoral Officer
477.67 (1) The Chief Electoral Officer, on the written application of a candidate or their official agent, shall authorize the correction or revision of a document referred to in subsection 477.59(1), (10), (11), (12) or (15) if he or she is satisfied by the evidence submitted by the applicant that the correction or revision is necessary in order for the requirements of this Act to be complied with.
Application made without delay
(2) The application shall be made immediately after the applicant becomes aware of the need for correction or revision.
Deadline for correction or revision
(3) The applicant shall provide the Chief Electoral Officer with the corrected or revised version of the document 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).
New deadline
(4) The Chief Electoral Officer, on the written application of the applicant 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 applicant’s failure to provide the corrected or revised version of the document was deliberate or was the result of the applicant’s failure to exercise due diligence.
Extension of new deadline
(5) The Chief Electoral Officer, on the written application of the applicant made within two weeks after the end of an extension authorized under subsection (4) or this subsection, shall authorize the further extension of that period, unless he or she is satisfied that the applicant’s failure to provide the corrected or revised version of the document was deliberate or was the result of the applicant’s failure to exercise due diligence.
Extensions, corrections or revisions — judge
477.68 (1) A candidate or their official agent may apply to a judge for an order
(a) relieving the official agent from the obligation to comply with a request referred to in subsection 477.65(2);
(b) authorizing an extension referred to in subsection 477.66(1); or
(c) authorizing a correction or revision referred to in subsection 477.67(1).
The applicant shall notify the Chief Electoral Officer that the application has been made.
Deadline
(2) The application may be made
(a) under paragraph (1)(a), within the specified period referred to in subsection 477.65(2) or within the two weeks after end of that period;
(b) under paragraph (1)(b), 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 477.66(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 477.66, or
(iii) the end of the extended period referred to in subsection 477.66(1); or
(c) under paragraph (1)(c), within two weeks after the rejection of an application for a correction or revision made in accordance with section 477.67.
Grounds — relief from compliance
(3) The judge shall grant an order relieving the official agent from the obligation to comply with a request referred to in subsection 477.65(2) if the judge is satisfied by the evidence submitted by the applicant that the correction or revision is not necessary in order for the requirements of this Act to be complied with.
Grounds — extension
(4) The judge shall grant an order authorizing an extension unless the judge is satisfied that the official agent’s failure to provide the required documents was deliberate or was the result of their failure to exercise due diligence.
Grounds — corrections or revisions
(5) The judge shall grant an order authorizing a correction or revision if the judge is satisfied by the evidence submitted by the applicant that the correction or revision is necessary in order for the requirements of this Act to be complied with.
Contents of order
(6) The order may require that the applicant satisfy any condition that the judge considers necessary for carrying out the purposes of this Act.
Procedure
(7) If an application is made under paragraph (1)(a) in respect of a candidate who is a Member of the House of Commons at the time the application is made, the judge shall hear the application without delay and in a summary manner, and a court of appeal shall hear any appeal arising from the application without delay and in a summary manner.
Appearance of official agent before judge
477.69 (1) A judge dealing with an application under section 477.68 or 477.7 who is satisfied that a candidate or an official agent has not provided the documents referred to in subsection 477.59(1), (10), (11), (12) or (15) in accordance with this Act because of a failure of the official agent or a predecessor of the official agent shall, by order served personally, require the official agent or that predecessor to appear before the judge.
Show cause orders
(2) The judge shall, unless the official agent or predecessor on his or her appearance shows cause why an order should not be issued, order that the agent or predecessor
(a) do anything that the judge considers appropriate in order to remedy the failure; or
(b) be examined concerning any information that pertains to the failure.
Recourse of candidate for fault of official agent
477.7 A candidate may apply to a judge for an order that relieves the candidate from any liability or consequence under this or any other Act of Parliament in relation to an act or omission of the candidate’s official agent, if the candidate establishes that
(a) it occurred without the candidate’s knowledge or acquiescence; or
(b) the candidate exercised all due diligence to avoid its occurrence.
The candidate shall notify the Chief Electoral Officer that the application has been made.
Destruction of documents — judge
477.71 (1) A candidate or their official agent may apply to a judge for an order relieving the official agent from the obligation to provide a document referred to in subsection 477.59(1), (10), (11), (12) or (15). The applicant shall notify the Chief Electoral Officer that the application has been made.
Grounds
(2) The judge may grant the order only if the judge is satisfied that the applicant cannot provide the documents because of their destruction by a superior force, including a flood, fire or other disaster.
Date of relief
(3) For the purposes of this Act, the applicant is relieved from the obligation referred to in subsection (1) on the date of the order.
Prohibition — false, misleading or incomplete document
477.72 (1) No candidate and 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 candidate or the official agent, as the case may be, 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 subsection 477.59(1), 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.
Membership in House of Commons suspended
(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) or paragraph 477.68(1)(b), or that a correction or revision was not made as authorized by subsection 477.67(1) within the period provided in subsection 477.67(3), then the Chief Electoral Officer shall so inform the Speaker of the House of Commons and the candidate is not entitled to continue to sit or vote as a member of the House of Commons until the document, correction or revision is provided or made, as the case may be.
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 end 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 day on which the application is finally disposed of so as to deny it.
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 subsection (3), the Chief Electoral Officer shall so inform the Speaker of the House of Commons.
Reimbursement of Election Expenses and Personal Expenses
Reimbursement — first instalment
477.73 (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.
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 and personal expenses. The payment may be made to the person designated by the official agent.
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 60% of the total of
(a) the candidate’s personal expenses that the candidate has paid, and
(b) the candidate’s election expenses, as set out in the candidate’s electoral campaign return.
Reimbursement — final instalment
477.74 (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).
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.
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.
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.
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.
Audit fee
477.75 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.
Payment
477.76 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.
Return of deposit
477.77 (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.
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.
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.
Forfeit to Her Majesty
(4) Any nomination deposit that is not returned under this section is forfeited to Her Majesty in right of Canada.
Death of candidate
477.78 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.
Withdrawal of writ
477.79 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.
Surplus of Electoral Funds
Surplus of electoral funds
477.8 (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).
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.
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.
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).
Notice of estimated surplus
477.81 (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.
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.
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).
Method of disposal of surplus
477.82 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.
Notice of disposal of surplus
477.83 (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.
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.
Requisition for repayment
477.84 (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.
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.
Prohibition — transfer of contributions
477.85 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.
Supply and Use of Forms
Prescribed forms — Income Tax Act
477.86 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.
Provision of forms to returning officers
477.87 The Chief Electoral Officer shall provide each returning officer with copies of prescribed forms.
Provision of forms to candidates
477.88 (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.
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.
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).
Subdivision c
Gifts and Other Advantages
Definition of “candidate”
477.89 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.
Prohibition
477.9 (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.
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.
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.
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.
Period for providing statement
(5) The candidate shall provide the statement to the Chief Electoral Officer within four months after
(a) polling day; or
(b) the day on which a notice of the withdrawal or deemed withdrawal of the writ for the election is published in the Canada Gazette under subsection 59(2) or section 551.
Definitions
(6) The following definitions apply in this section.
“common-law partnership”
« union de fait »
“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.
“gift or other advantage”
« cadeau ou autre avantage »
“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.
“relative”
« parent »
“relative”, in respect of a candidate, means a person related to the candidate by marriage, common-law partnership, birth, adoption or affinity.
Extensions — Chief Electoral Officer
477.91 (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.
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.
Corrections or revisions — Chief Electoral Officer
477.92 (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.
Application made without delay
(2) The application shall be made immediately after the candidate becomes aware of the need for correction or revision.
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).
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.
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.
Extensions, corrections or revisions — judge
477.93 (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.
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.
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.
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.
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.
Chief Electoral Officer to retain statements
477.94 (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.
Information to be kept confidential
(2) The Chief Electoral Officer shall keep the statements provided under subsection 477.9(3) confidential.
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.
Prohibition — false, misleading or incomplete statement
477.95 No candidate shall provide the Chief Electoral Officer with a statement referred to in subsection 477.9(3) that
(a) the candidate knows or ought reasonably to know contains a material statement that is false or misleading; or
(b) does not substantially set out the information required under that subsection.
Division 6
Leadership Contestants
Interpretation
Definition of “personal expenses”
478. In this Division, “personal expenses” means the expenses of a personal nature that are reasonably incurred by or on behalf of a leadership contestant in relation to their leadership campaign and includes
(a) travel and living expenses;
(b) childcare expenses;
(c) expenses relating to the provision of care for a person with a physical or mental incapacity for whom the contestant normally provides such care; and
(d) in the case of a contestant who has a disability, additional expenses that are related to the disability.
Subdivision a
Registration of Leadership Contestants
Notice of leadership contest
478.1 (1) If a registered party proposes to hold a leadership contest, the party’s chief agent shall file with the Chief Electoral Officer a statement setting out the dates on which the leadership contest is to begin and end.
Variation and cancellation
(2) A registered party that proposes to vary the leadership contest period or to cancel a leadership contest shall file with the Chief Electoral Officer a statement setting out, as the case may be, the amended beginning date or ending date or the fact of its cancellation.
Publication
(3) The Chief Electoral Officer shall, in the manner that he or she considers appropriate, publish a notice containing the information referred to in subsections (1) and (2).
Duty to register
478.2 (1) Every person who accepts contributions for, or incurs leadership campaign expenses in relation to, their campaign for the leadership of a registered party shall apply to the Chief Electoral Officer for registration as a leadership contestant.
Deeming
(2) For the purposes of Division 1 of this Part and this Division, a leadership contestant is deemed to have been a leadership contestant from the time they accept a contribution, incur a leadership campaign expense or borrow money under section 373.
Contents of application
478.3 (1) An application for registration as a leadership contestant shall include the following:
(a) the name of the leadership contestant;
(b) the address of the place where the records of the leadership contestant are maintained and to which communications may be addressed;
(c) the name and address of the leadership contestant’s auditor; and
(d) the name and address of the leadership contestant’s financial agent.
Accompanying documents
(2) The application shall be accompanied by the following:
(a) the signed consent of the financial agent to act in that capacity;
(b) the signed consent of the auditor to act in that capacity;
(c) a declaration signed by the chief agent of the registered party holding the leadership contest certifying that the party accepts the applicant as a leadership contestant; and
(d) a statement containing the information referred to in paragraphs 478.8(2)(d) to (g) with respect to contributions received and loans incurred before the first day of the leadership contest.
Examination of application
(3) The Chief Electoral Officer shall register a leadership contestant who meets the requirements set out in subsections (1) and (2). In the case of a refusal to register, the Chief Electoral Officer shall indicate which of those requirements have not been met.
Registry
478.4 The Chief Electoral Officer shall maintain a registry of leadership contestants that contains the information referred to in subsection 478.3(1).
Appointments
478.5 (1) A leadership contestant may appoint leadership campaign agents authorized to accept contributions and to incur and pay leadership campaign expenses for the contestant. The appointment is subject to any terms and conditions that it specifies.
Report of appointment
(2) Within 30 days after the appointment of a leadership campaign agent, the leadership contestant shall provide the Chief Electoral Officer with a written report, certified by the contestant’s financial agent, that includes the leadership campaign agent’s name and address and any terms and conditions to which the appointment is subject. The Chief Electoral Officer shall register that information in the registry of leadership contestants.
Agents — ineligibility
478.6 The following persons are ineligible to be the financial agent or a leadership campaign agent of a leadership contestant:
(a) an election officer or a member of the staff of a returning officer;
(b) a leadership contestant;
(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 the person ordinarily resides.
Auditor — eligibility
478.61 (1) Only the following are eligible to be an auditor for a leadership contestant:
(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.
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 chief agent of a registered party or an eligible party, or a registered agent of a registered party;
(c) a candidate or their official agent;
(d) an electoral district agent of a registered association;
(e) a leadership contestant or their leadership campaign agent;
(f) a nomination contestant or their financial agent; and
(g) a financial agent of a registered third party.
If partnership appointed as auditor
(3) A person may be appointed as agent for a leadership contestant even if the person is a member of a partnership that has been appointed as an auditor, in accordance with this Act, for the registered party.
Consent
478.62 A leadership contestant shall obtain from the financial agent or auditor, on appointment, their signed consent to act in that capacity.
Replacement of financial agent or auditor
478.63 In the event of the death, incapacity, resignation or ineligibility of the financial agent or auditor, or the revocation of the appointment of one, the leadership contestant shall without delay appoint a replacement.
Only one financial agent and auditor
478.64 A leadership contestant shall have no more than one financial agent and one auditor at a time.
Prohibition — agents
478.65 (1) No person who is ineligible to be a financial agent or a leadership campaign agent of a leadership contestant shall act in that capacity.
Prohibition — auditor
(2) No person who is ineligible to be an auditor of a leadership contestant shall act in that capacity.
Changes in registered information
478.66 (1) Within 30 days after a change in the information referred to in subsection 478.3(1) in respect of a leadership contestant, the leadership contestant shall report the change in writing to the Chief Electoral Officer.
New auditor or financial agent
(2) If the report involves the replacement of the leadership contestant’s auditor or financial agent, it shall include a copy of the signed consent referred to in section 478.62.
Registration of change
(3) The Chief Electoral Officer shall enter any change in the information referred to in this section in the registry of leadership contestants.
Withdrawal of leadership contestant
478.67 A leadership contestant who withdraws from the leadership contest shall file with the Chief Electoral Officer a statement in writing to that effect signed by the contestant and indicating the date of the withdrawal. The Chief Electoral Officer shall indicate the withdrawal in the registry of leadership contestants.
Notice of withdrawal of acceptance
478.68 A registered party that withdraws its acceptance of a leadership contestant shall file with the Chief Electoral Officer a statement in writing to that effect signed by the party’s chief agent and indicating the date of the withdrawal. The Chief Electoral Officer shall register the withdrawal of acceptance in the registry of leadership contestants.
Relieved of obligations
478.69 A leadership contestant who withdraws in accordance with section 478.67 or whose acceptance is withdrawn in accordance with section 478.68 is relieved of the obligation to provide returns under section 478.81 for any period after the withdrawal.
Notification of registered party
478.7 The Chief Electoral Officer shall, on becoming aware that a leadership contestant of a registered party has failed to comply with any requirement under this Division, notify the party accordingly.
Subdivision b
Financial Administration of Leadership Contestants
Powers, Duties and Functions of Financial Agent
Duty of financial agent
478.71 A leadership contestant’s financial agent is responsible for administering the contestant’s financial transactions for their leadership campaign and for reporting on those transactions in accordance with this Act.
Bank account
478.72 (1) A leadership contestant’s financial agent shall open, for the sole purpose of the contestant’s leadership 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.
Account holder name
(2) The account shall name the account holder as follows: “(name of financial agent), financial agent”.
Payments and receipts
(3) All of a leadership contestant’s financial transactions in relation to the contestant’s leadership campaign that involve the payment or receipt of money are to be paid from or deposited to the account.
Closure of bank account
(4) After the end of the leadership contest or the withdrawal or death of the leadership contestant, the contestant’s financial agent shall close the account once all unpaid claims and surplus leadership campaign funds have been dealt with in accordance with this Act.
Final statement of bank account
(5) The financial agent shall, on closing the account, provide the Chief Electoral Officer with the final statement of the account.
Prohibition — accepting contributions, borrowing
478.73 (1) No person or entity, other than a leadership campaign agent of a leadership contestant, shall accept contributions to the contestant’s leadership campaign or borrow money on the contestant’s behalf under section 373.
Prohibition — accepting goods, services or funds or transferring funds
(2) No person or entity, other than a leadership campaign agent of a leadership contestant, shall, on the contestant’s behalf,
(a) accept a provision of goods or services, or a transfer of funds, if the provision or transfer is permitted under section 364 or 365; or
(b) transfer funds, if the transfer is permitted under section 364.
Prohibition — accepting certain transfers of funds
(3) No leadership campaign agent of a leadership contestant shall, on the contestant’s behalf, accept a transfer of funds from a registered party or registered association, except the transfer by a registered party of an amount out of a directed contribution as defined in subsection 365(2).
Prohibition — paying leadership campaign expenses
(4) No person or entity, other than a leadership campaign agent of a leadership contestant, shall pay the contestant’s leadership campaign expenses, other than personal expenses.
Prohibition — incurring leadership campaign expenses
(5) No person or entity, other than the leadership contestant or one of their leadership campaign agents, shall incur the contestant’s leadership campaign expenses.
Prohibition — paying contestant’s personal expenses
(6) No person or entity, other than the leadership contestant or their financial agent, shall pay the contestant’s personal expenses.