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

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.

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

  • (a) a nomination contest expense;

  • (b) a litigation expense;

  • (c) travel and living expenses;

  • (d) a personal expense; and

  • (e) any fees of an auditor appointed under subsection 476.77(1) that have not been reimbursed by the Receiver General.

• 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.

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.

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.

Marginal note:Personal expenses — nomination contestants

• 374.4 (1) A nomination 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 nomination contestant.

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

  • (a) an election expense;

  • (a.1) a litigation expense;

  • (a.2) travel and living expenses;

  • (a.3) an accessibility expense;

  • (b) a personal expense; and

  • (c) any fees of an auditor appointed under subsection 477.1(2) that have not been reimbursed by the Receiver General.

• 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.

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.