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

Full Document:  

Act current to 2019-02-28 and last amended on 2019-01-19. Previous Versions

PART 18Financial Administration (continued)

DIVISION 1General Financial Provisions (continued)

Expenses (continued)

Marginal note:Costs related to candidate’s representatives

 Any expenses of a candidate that are incurred to remunerate the candidate’s representatives referred to in subsection 136(1) or 237.1(2) are deemed to be personal expenses of the candidate.

  • 2000, c. 9, s. 379;
  • 2014, c. 12, s. 86.

Marginal note:Evidence of payment — $50 or more

  •  (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.

  • 2000, c. 9, s. 380;
  • 2014, c. 12, s. 86.

 [Repealed, 2014, c. 12, s. 86]

Marginal note:Petty expenses

  •  (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.

  • 2000, c. 9, s. 381;
  • 2004, c. 24, s. 11;
  • 2014, c. 12, s. 86.

 [Repealed, 2014, c. 12, s. 86]

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

  •  (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;

    • (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.

  • 2000, c. 9, s. 382;
  • 2003, c. 19, s. 12;
  • 2004, c. 24, s. 14;
  • 2014, c. 12, s. 86.

Marginal note:Delivery to returning officers

  •  (1) The Chief Electoral Officer shall, as soon as feasible after receiving the documents referred to in subsection 477.59(1) for an electoral district, deliver a copy of them to the returning officer for the electoral district.

  • Marginal note:Endorsement of candidates

    (2) A registered party and an eligible party shall include with the statement or report referred to in subsection (1) a statement certified by its chief agent that sets out the names of the person or persons who are authorized by the party to endorse prospective candidates at a general election.

  • Marginal note:Retention

    (3) A returning officer who receives documents under subsection (1) shall retain them for three years, or any shorter period that the Chief Electoral Officer considers appropriate, after the end of the six-month period mentioned in subsection (2).

  • 2000, c. 9, s. 383;
  • 2014, c. 12, s. 86;
  • 2015, c. 37, s. 3.

Inflation Adjustment Factor

Marginal note:Inflation adjustment factor

 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.

  • 2000, c. 9, s. 384;
  • 2004, c. 24, s. 15;
  • 2014, c. 12, s. 86.
 
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