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

Marginal note:Leadership contest expenses

• 379.2 (1) A leadership contest expense is any of the following:

  • (a) any cost incurred, or non-monetary contribution received, by a leadership contestant, to the extent that the property or service that the cost was incurred for or that was received as a non-monetary contribution is used to directly promote or oppose a leadership contestant during a leadership contest; and

  • (b) any acceptance by a leadership contestant of a provision of goods or services that is permitted under paragraph 364(2)(c), to the extent that the goods or services are used to directly promote or oppose a leadership contestant during a leadership contest.

• Marginal note:Exclusion — fundraising

  (2) Expenses for a fundraising activity, other than expenses referred to in paragraphs (3)(a) and (b) that are related to that activity, are not leadership contest expenses under subsection (1).

• Marginal note:Inclusions

  (3) A leadership contest expense includes a cost incurred for, a non-monetary contribution in relation to, or a provision of goods and services in relation to,

  • (a) the production of advertising or promotional material;

  • (b) the distribution, broadcast or publication of such material in any media or by any other means during the leadership contest, including by the use of a capital asset;

  • (c) the payment of remuneration and expenses to or on behalf of a person for their services as a financial agent or in any other capacity;

  • (d) securing a meeting space or the supply of light refreshments at meetings;

  • (e) any product or service provided by a government, a Crown corporation or any other public agency; and

  • (f) the conduct of surveys or research during a leadership contest.

• Marginal note:Definition of cost incurred

  (4) In this section, cost incurred means an expense that is incurred by a leadership contestant, whether it is paid or unpaid.

Marginal note:Litigation expenses — leadership contestants

379.3 A litigation expense of a leadership contestant is an expense of the contestant related to an application to a judge made under this Part, including an expense related to any appeal or judicial review arising from the application.

Marginal note:Personal expenses — leadership contestants

• 379.4 (1) A leadership contestant’s personal expenses include

  • (a) childcare expenses;

  • (b) 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

  • (c) in the case of a contestant who has a disability, additional expenses that are related to the disability.

• Marginal note:Exclusions — travel and living expenses, etc.

  (2) Neither litigation expenses nor travel and living expenses are personal expenses of a leadership contestant.

Marginal note:Evidence of payment — $50 or more

• 380 (1) If an expense of $50 or more was incurred under this Act by or on behalf of a registered party, a registered association, a nomination contestant, a candidate or a leadership contestant and paid by an agent or other person authorized under this Act to pay such an expense, the agent or other person shall keep a copy of the invoice prepared by the person who provided the good or service to which the expense relates setting out the nature of the expense together with proof that it was paid.

• Marginal note:Evidence of payment — under $50

  (2) If an expense of less than $50 was incurred and paid as described in subsection (1), the person who made the payment shall keep a record of the nature of the expense together with proof that it was paid.

380.1 [Repealed, 2014, c. 12, s. 86]

Marginal note:Petty expenses

• 381 (1) A person may pay a petty expense incurred for office supplies, postage, courier services and other incidental expenses under the written authorization of

  • (a) a registered agent of a registered party, as an expense incurred on behalf of the registered party;

  • (b) an electoral district agent of a registered association, as an expense incurred on behalf of the association;

  • (c) the financial agent of a nomination contestant, as a nomination campaign expense;

  • (d) the official agent of a candidate, as an electoral campaign expense for the candidate; or

  • (e) a leadership campaign agent of a leadership contestant, as a leadership campaign expense.

• Marginal note:Authorized maximum

  (2) The written authorization referred to in subsection (1) shall specify a maximum amount for the total of petty expenses that the person is authorized to pay.

• Marginal note:Statement and evidence of payment

  (3) A person who is authorized to pay a petty expense shall provide the agent who authorized it with a statement of payments that the person made and the documentation referred to in section 380 within three months after

  • (a) in the case of a petty expense incurred on behalf of a registered party, the day on which it is incurred;

  • (b) in the case of a petty expense incurred on behalf of a registered association, the day on which it is incurred;

  • (c) in the case of a petty expense incurred on behalf of a nomination contestant, the day on which it is incurred;

  • (d) in the case of a petty expense incurred on behalf of a candidate, polling day; and

  • (e) in the case of a petty expense incurred on behalf of a leadership contestant, the day on which it is incurred.

• Marginal note:Prohibition

  (4) No person who is authorized to pay petty expenses shall pay, in total, more than the maximum amount of petty expenses that they are authorized to pay.

381.1 [Repealed, 2014, c. 12, s. 86]

Marginal note:Publication of electoral campaign returns and election expenses returns

• 382 (1) The Chief Electoral Officer shall, in the manner that he or she considers appropriate, publish the original election expenses returns of registered parties and electoral campaign returns of candidates and any corrected or revised versions of those returns

  • (a) in the case of an original return, within one year after the issue of a writ for an election;

  • (b) in the case of a corrected or revised version of a return, as soon as feasible after he or she receives it; and

  • (c) in the case of a document referred to in subsection 477.59(10), (11), (12) or (15), or a corrected or revised version of such a document, as soon as feasible after he or she receives it.

• Marginal note:Publication of financial transactions returns

  (2) The Chief Electoral Officer shall publish the following, as soon as feasible after receiving them, in the manner that he or she considers appropriate:

  • (a) the financial transactions returns of registered parties and registered associations, and any corrected or revised versions of those returns;

  • (b) the nomination campaign returns of nomination contestants, any document referred to in subsection 476.75(10), (11), (12) or (15), and any corrected or revised versions of those returns or documents; and

  • (c) the leadership campaign returns of leadership contestants, any document referred to in subsection 478.8(10), (11), (12) or (15), any corrected or revised versions of those returns or documents, the returns in respect of contributions required under section 478.81, and any statements containing information with respect to contributions referred to in paragraph 478.3(2)(d).

• Marginal note:Summary of return on candidates’ election expenses

  (3) As soon as feasible after receiving an electoral campaign return, any document referred to in subsection 477.59(10), (11), (12) or (15) or any corrected or revised version of those returns or documents for each candidate in an electoral district, the Chief Electoral Officer shall, in the manner that he or she considers appropriate, publish a summary report that includes the maximum election expenses allowed for the electoral district and, for each candidate,

  • (a) the total election expenses;

  • (a.1) the total litigation expenses;

  • (a.2) the total travel and living expenses that are related to travel and sojourns during the election period;

  • (a.3) the total accessibility expenses;

  • (b) the total personal expenses;

  • (c) the number of contributors and the total amount of contributions received;

  • (d) the name of the official agent;

  • (e) the name of the auditor; and

  • (f) if applicable, an indication that the auditor’s report on a return was qualified.

• Marginal note:Publication of return of deregistered parties

  (4) As soon as feasible after receiving a financial transactions return under subparagraph 420(a)(i) from a deregistered political party, the Chief Electoral Officer shall publish it in the manner that he or she considers appropriate.

383 [Repealed, 2018, c. 31, s. 253]

Inflation Adjustment Factor

Marginal note:Inflation adjustment factor

384 Before April 1 in each year, the Chief Electoral Officer shall cause to be published in the Canada Gazette an inflation adjustment factor that is in effect for a period of one year beginning on that date. It shall be a fraction with

• (a) a numerator that is the annual average Consumer Price Index, as published by Statistics Canada under the authority of the Statistics Act, for the calendar year immediately before that date, calculated on the basis of 1992 being equal to 100; and

• (b) a denominator that is 108.6, which is the annual average Consumer Price Index, as published by Statistics Canada under the authority of the Statistics Act, for 1998, calculated on the basis of 1992 being equal to 100.

DIVISION 1.1Regulated Fundraising Events

Interpretation

Marginal note:Definition of regulated fundraising event

• 384.1 (1) In this Division, regulated fundraising event means an event

  • (a) that is organized for the financial benefit of

    • (i) a registered party that is represented in the House of Commons on the day the event occurs or, if Parliament is dissolved, on the date of dissolution, or

    • (ii) a registered association, nomination contestant, candidate or leadership contestant of a registered party described in subparagraph (i); and

  • (b) that is attended by

    • (i) a leader, interim leader or leadership contestant of the registered party for whose financial benefit the event is organized or the registered party described in subparagraph (a)(ii), or a minister of the Crown or minister of state who is a member of the registered party for whose financial benefit the event is organized or the registered party described in that subparagraph, and

    • (ii) at least one person who, in order to attend it, is required

      • (A) to have made a contribution or contributions of a total amount of more than $200 to the registered party or any of its registered associations, nomination contestants, candidates or leadership contestants, or to any combination of them, or to be the guest of a person who has made such a contribution or contributions, or

      • (B) to have paid more than $200, the amount including a contribution to the registered party or any of its registered associations, nomination contestants, candidates or leadership contestants, or to any combination of them, or to be the guest of a person who has made such a payment.

• Marginal note:Exclusion — conventions and leadership contestant debates

  (2) Despite subsection (1), a regulated fundraising event does not include a convention, including a leadership convention, of a registered party referred to in subparagraph (1)(a)(i), or a leadership contestants’ debate.

• Marginal note:Inclusion — fundraising events that are part of conventions

  (3) Despite subsection (2), a regulated fundraising event includes an event that is part of a convention referred to in that subsection if the event is attended by at least one person who, in order to attend it, is required

  • (a) to make a contribution or contributions — in addition to any amount that they were required to pay to attend the convention — of a total amount of more than $200 to the registered party or any of its registered associations, nomination contestants, candidates or leadership contestants, or to any combination of them, or to be the guest of a person who has made such a contribution or contributions; or

  • (b) to pay more than $200 — in addition to any amount that they were required to pay to attend the convention — to attend the event, the amount including a contribution to the registered party or any of its registered associations, nomination contestants, candidates or leadership contestants, or to any combination of them, or to be the guest of a person who has made such a payment.

• Marginal note:Exclusion — contributor appreciation events

  (4) Despite subsection (3), a regulated fundraising event does not include any event that is part of a convention referred to in subsection (2) and that is organized to express appreciation for persons who have made a contribution to the registered party or any of its registered associations, nomination contestants, candidates or leadership contestants.

Publication and Report

Marginal note:Regulated fundraising event organized by registered party

• 384.2 (1) If a registered party organizes all or part of a regulated fundraising event for its own financial benefit or for the financial benefit of one of its registered associations, nomination contestants, candidates or leadership contestants, the registered party shall publish the information set out in subsection (2) in a prominent location on its Internet site for the period beginning five days before the day the regulated fundraising event takes place and ending at the time the event starts.

• Marginal note:Information

  (2) The information to be published under subsection (1) and provided under subsection (3) is the following:

  • (a) the date, time and location of the regulated fundraising event;

  • (b) the name of each entity or person referred to in paragraph 384.1(1)(a) for whose financial benefit the event is organized;

  • (c) the name of each person referred to in subparagraph 384.1(1)(b)(i) who will be attending the event;

  • (d) the total amount of contributions that a person will be required to have made, or the amount that they will be required to have paid, in order to attend the event; and

  • (e) the contact information of an individual who may be contacted and from whom further information about the event may be obtained.

• Marginal note:Regulated fundraising event not organized by registered party

  (3) If a regulated fundraising event is organized entirely by one or more persons or entities other than the registered party for whose financial benefit the event is organized, or for the financial benefit of whose registered association, nomination contestant, candidate or leadership contestant the event is organized, each person or entity that organizes the event or any part of it shall provide the information set out in subsection (2) to the registered party in time for the registered party to be able to publish the information as required under subsection (4).

• Marginal note:Registered party to publish information

  (4) If at least one person or entity referred to in subsection (3) complies with the obligation under that subsection — to provide information to the registered party in time for the registered party to be able to publish it — the registered party shall publish that information in a prominent location on its Internet site for the period beginning five days before the day the regulated fundraising event takes place and ending at the time the event starts.

• Marginal note:Registered party to notify Chief Electoral Officer

  (4.1) If a registered party is required to publish information under subsection (1) or (4), it shall also notify the Chief Electoral Officer of the regulated fundraising event no later than five days before the day the event takes place.

• Marginal note:Updating published information

  (5) If a registered party referred to in subsection (1) or (4) becomes aware, after publishing information under this section, of any change to that information, the registered party shall replace the old information on its Internet site with the new information as soon as feasible after becoming aware of the change.

• Marginal note:Updating information provided

  (6) If a person or entity referred to in subsection (3) becomes aware, after providing information to a registered party under this section, of any change to that information, the person or entity shall provide the new information to the registered party as soon as feasible after becoming aware of the change.

• Marginal note:Updating published information

  (7) If new information is provided to a registered party under subsection (6), the registered party shall replace the old information on its Internet site with the new information as soon as feasible after being provided with it.

• Marginal note:Exception — election period

  (8) Subsections (1) to (7) do not apply in respect of a regulated fundraising event that takes place during the election period of a general election.