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

Act current to 2014-09-01 and last amended on 2014-06-19. Previous Versions

Surplus of Electoral Funds

Marginal note:Surplus of electoral funds
  •  (1) The surplus amount of electoral funds that a candidate receives for an election is the amount by which the candidate’s electoral revenues referred to in subsection (2) are more than the total of the candidate’s electoral campaign expenses paid by his or her official agent and the transfers referred to in subsection (3).

  • Marginal note:Electoral revenues

    (2) 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 he or she was reimbursed; and

    • (d) any other amount that was received by the candidate for his or her electoral campaign and that is not repayable.

  • Marginal note:Transfers

    (3) A transfer made by a candidate is a transfer of

    • (a) any funds that the candidate transfers, during the election, to a registered party or a registered association;

    • (b) any amount of a reimbursement referred to in paragraphs (2)(b) and (c) that the candidate transfers to that registered party; and

    • (c) any funds transferred by the candidate under paragraph 404.2(2)(d).

  • 2000, c. 9, s. 471;
  • 2003, c. 19, s. 54.
Marginal note:Notice of assessment and estimate of surplus electoral funds
  •  (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
  •  (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.

  • 2000, c. 9, s. 473;
  • 2003, c. 19, s. 55.