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

Act current to 2014-12-08 and last amended on 2014-10-01. Previous Versions

Marginal note:Payment

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

  • 2000, c. 9, s. 467;
  • 2001, c. 21, s. 23(F);
  • 2003, c. 19, s. 50.
Marginal note:Return of deposit
  •  (1) The Chief Electoral Officer shall provide the Receiver General with a certificate that lists the names of

    • (a) each candidate, including one who has withdrawn under subsection 74(1), who the Chief Electoral Officer is satisfied has provided the documents under section 451 and returned any unused forms referred to in section 477, in accordance with subsection 478(2); and

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

  • Marginal note:Payment

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

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

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

  • Marginal note:Forfeit to Her Majesty

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

  • 2000, c. 9, s. 468;
  • 2003, c. 19, s. 51.
Marginal note:Death of candidate

 If a candidate who was endorsed by a registered party dies in the period beginning at 2:00 p.m. on the 5th day before the closing day for nominations and ending on polling day,

  • (a) he or she is deemed for the purpose of section 464 to receive 10% of the valid votes cast in the electoral district in which he or she was a candidate; and

  • (b) the Chief Electoral Officer shall set out a percentage of 22.5 in the certificate referred to in subsection 464(1) for the other candidates in that electoral district.

  • 2000, c. 9, s. 469;
  • 2003, c. 19, s. 52.
Marginal note:Withdrawal of writ
  •  (1) This Part applies, with the following modifications, to electoral campaign expenses of candidates in an electoral district in which a writ is withdrawn under section 59 or deemed to be withdrawn under section 551:

    • (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;

    • (b) each candidate is deemed to have obtained 10% of the votes that would have been validly cast at that deemed election; and

    • (c) on receipt of a certificate referred to in section 464 or 465, the Receiver General shall pay out of the Consolidated Revenue Fund to the candidate’s official agent — or may alternatively pay to the person designated by the agent — the lesser of

      • (i) the amount that is the election expenses limit provided for in section 440, and

      • (ii) the amount by which the candidate’s election expenses and personal expenses, as disclosed in his or her electoral campaign return, exceeds the total value of the contributions that the candidate received.

  • Marginal note:No reimbursement

    (2) Despite subsection (1), a candidate is not entitled to reimbursement for election expenses or personal expenses if

    • (a) the writ is withdrawn or deemed to be withdrawn before the closing day for nominations; or

    • (b) the election expenses, as disclosed in the candidate’s electoral campaign return, are not more than the value of contributions that the candidate received.

  • 2000, c. 9, s. 470;
  • 2003, c. 19, s. 53.