Canada Elections Act (S.C. 2000, c. 9)
Full Document:
- HTMLFull Document: Canada Elections Act (Accessibility Buttons available) |
- XMLFull Document: Canada Elections Act [2285 KB] |
- PDFFull Document: Canada Elections Act [3756 KB]
Act current to 2020-12-28 and last amended on 2019-06-13. Previous Versions
PART 18Financial Administration (continued)
DIVISION 1General Financial Provisions (continued)
Loans, Guarantees and Suretyships (continued)
Marginal note:Prohibition — making indirect loans
374 No individual shall make a loan to a registered party, a registered association, a nomination contestant, a candidate or a leadership contestant that is made possible by money, property or the services of any person or entity that was provided to that individual for that purpose.
- 2000, c. 9, s. 374
- 2014, c. 12, s. 86
Expenses
Marginal note:Nomination campaign expenses
374.1 (1) A nomination campaign expense of a nomination contestant is an expense reasonably incurred as an incidence of the nomination contest, including
Marginal note:Exclusions — administrative monetary penalties, etc.
(2) For greater certainty, none of the following is a nomination campaign expense:
(a) the amount of any administrative monetary penalty imposed under Part 19;
(b) any amount that is required to be paid under a compliance agreement entered into under Part 19 solely as a result of that compliance agreement; and
(c) any amount that is required to be paid under an undertaking provided under Part 19 solely as a result of that undertaking.
- 2004, c. 24, s. 7
- 2014, c. 12, s. 86
- 2018, c. 31, s. 243
Marginal note:Nomination contest expenses
374.2 (1) A nomination contest expense is any of the following:
(a) any cost incurred, or non-monetary contribution received, by a nomination 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 nomination contestant during a nomination contest; and
(b) any acceptance by a nomination 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 nomination contestant during a nomination 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 nomination contest expenses under subsection (1).
Marginal note:Inclusions
(3) A nomination 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 nomination 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 nomination contest.
Marginal note:Definition of cost incurred
(4) In this section, cost incurred means an expense that is incurred by a nomination contestant, whether it is paid or unpaid.
- 2018, c. 31, s. 243
Marginal note:Litigation expenses — nomination contestants
374.3 A litigation expense of a nomination 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.
- 2018, c. 31, s. 243
Marginal note:Personal expenses — nomination contestants
374.4 (1) A nomination contestant’s personal expenses include
Marginal note:Exclusions — travel and living expenses, etc.
(2) Neither litigation expenses nor travel and living expenses are personal expenses of a nomination contestant.
- 2018, c. 31, s. 243
Marginal note:Electoral campaign expenses
375 (1) An electoral campaign expense of a candidate is an expense reasonably incurred as an incidence of the election, including
Marginal note:Exclusions — administrative monetary penalties, etc.
(2) For greater certainty, none of the following is an electoral campaign expense:
(a) the amount of any administrative monetary penalty imposed under Part 19;
(b) any amount that is required to be paid under a compliance agreement entered into under Part 19 solely as a result of that compliance agreement; and
(c) any amount that is required to be paid under an undertaking provided under Part 19 solely as a result of that undertaking.
- 2000, c. 9, s. 375
- 2003, c. 19, s. 9
- 2014, c. 12, s. 86
- 2018, c. 31, s. 244
Marginal note:Election expenses
376 (1) An election expense is any of the following:
(a) any cost incurred, or non-monetary contribution received, by a registered party or a candidate, 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 registered party, its leader or a candidate during an election period; and
(b) any acceptance by a registered party or a candidate of a provision of goods or services that is permitted under subsection 364(2), to the extent that the goods or services are used to directly promote or oppose a registered party, its leader or a candidate during an election period.
Marginal note:Exclusions — certain fundraising and nominations
(2) Expenses for a fundraising activity and expenses to directly promote the nomination of a person as a candidate or the selection of a person as leader of a registered party, other than expenses referred to in paragraphs (3)(a) and (b) that are related to such fundraising and promotional activities, are not election expenses under subsection (1).
Marginal note:Inclusions
(3) An election expense referred to in subsection (1) 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 election period, 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 an official agent or registered 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 election surveys or other surveys or research during an election period.
Marginal note:Exclusion — accessibility expenses
(3.1) An accessibility expense of a registered party or a candidate, as the case may be, is not an election expense of that party or candidate.
Definition of cost incurred
(4) In subsection (1), cost incurred means an expense that is incurred by a registered party or a candidate, whether it is paid or unpaid.
- 2000, c. 9, s. 376
- 2003, c. 19, s. 10
- 2014, c. 12, s. 86
- 2018, c. 31, s. 245
- Date modified: