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

Marginal note:Notice of assessment and estimate of surplus electoral funds

• 472. (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:Notice of surplus by official agent

  (2) An official agent of a candidate who has a surplus of electoral funds but has not received a notice of estimated surplus under subsection (1) shall dispose of that estimated surplus within 60 days after, as the case may be,

  • (a) the later of the reception of the final instalment of the reimbursement of the candidate’s election expenses and personal expenses and the reimbursement of the candidate’s nomination deposit; or

  • (b) the provision of the candidate’s electoral campaign return, if the candidate did not receive either of the reimbursements mentioned in paragraph (a).

Marginal note:Period for disposal of surplus electoral funds

• 473. (1) An official agent of a candidate shall dispose of a surplus of electoral funds within 60 days after receiving the notice of estimated surplus.

• Marginal note:Remittance of surplus

  (2) Surplus electoral funds must be transferred

  • (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.

Marginal note:Notice of disposal of surplus

• 474. (1) An official agent of a candidate shall, within seven days after disposing of a candidate’s surplus electoral funds, notify the Chief Electoral Officer 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 practicable after the disposal of a candidate’s surplus electoral funds, the Chief Electoral Officer shall, in any manner that he or she considers appropriate, publish a notice referred to in subsection (1).

Marginal note:Requisition for repayment

• 475. (1) An official agent who has disposed of a candidate’s surplus electoral funds under paragraph 473(2)(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.