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Canada Elections Act

Version of section 364 from 2019-06-13 to 2023-01-11:


Marginal note:Contributions — inclusions and exclusions

  •  (1) Any money that is used for a nomination contestant’s, a candidate’s or a leadership contestant’s campaign out of their own funds is a contribution for the purposes of this Act.

  • Marginal note:Exclusion — litigation expenses and personal expenses

    (1.1) For the purposes of this Act, any money that is used out of a nomination contestant’s, candidate’s or leadership contestant’s own funds to pay a litigation expense or personal expense is not a contribution if it has not been deposited into the bank account referred to in

    • (a) subsection 476.65(1), in the case of a nomination contestant;

    • (b) subsection 477.46(1), in the case of a candidate; or

    • (c) subsection 478.72(1), in the case of a leadership contestant.

  • Marginal note:Exclusion for goods and services — registered parties, registered associations and candidates

    (2) A provision of goods or services is permitted and is not a contribution for the purposes of this Act if it is

    • (a) from a registered party to an electoral district association of the party or a candidate endorsed by the party;

    • (b) from a registered association to the registered party with which it is affiliated, another registered association of the party or a candidate endorsed by the party;

    • (c) from a registered party or registered association to a nomination contestant or a leadership contestant in compliance with subsection 365(1);

    • (d) from a candidate endorsed by a registered party to the party or a registered association of the party;

    • (e) from a candidate to themselves in their capacity as a nomination contestant in respect of the same election; or

    • (f) in the case where a writ is deemed to be withdrawn under subsection 31(3) of the Parliament of Canada Act, from a candidate in an election that is cancelled to themselves in their capacity as a candidate in respect of the general election resulting from the dissolution of Parliament.

  • Marginal note:Exclusion for funds — registered parties, registered associations and candidates

    (3) A transfer of funds is permitted and is not a contribution for the purposes of this Act if it is

    • (a) from a registered party to an electoral district association of the party;

    • (b) from a registered association to the registered party with which it is affiliated or another registered association of the party;

    • (c) from a candidate endorsed by a registered party to the party or a registered association of the party;

    • (d) from a candidate to themselves in their capacity as a nomination contestant in respect of the same election; or

    • (e) in the case where a writ is deemed to be withdrawn under subsection 31(3) of the Parliament of Canada Act, from a candidate in an election that is cancelled to themselves in their capacity as a candidate in respect of the general election resulting from the dissolution of Parliament.

  • Marginal note:Exclusion for funds other than trust funds — registered parties and registered associations

    (4) A transfer of funds, other than trust funds, is permitted and is not a contribution for the purposes of this Act if it is

    • (a) from a registered party to a candidate endorsed by the party; or

    • (b) from a registered association to a candidate endorsed by the registered party with which the association is affiliated.

  • Marginal note:Exclusion for funds — nomination contestants, leadership contestants and registered parties

    (5) A transfer of funds is permitted and is not a contribution for the purposes of this Act if it is

    • (a) from a nomination contestant of a registered party to the party, the registered association of the party that held the nomination contest or the official agent of the candidate endorsed by the party in the electoral district in which the nomination contest was held;

    • (b) from a leadership contestant of a registered party to the party or a registered association of the party; or

    • (c) from a registered party to a leadership contestant out of funds from a directed contribution referred to in subsection 365(3).

  • Marginal note:Exclusion — paid leave of absence

    (6) The provision by an employer of a paid leave of absence to an employee for the purpose of allowing the employee to be a nomination contestant or candidate is not a contribution.

  • Marginal note:Exclusion — membership fees

    (7) The payment by an individual during a year of fees of not more than $25 per year for a period of not more than five years for membership in a registered party is not a contribution.

  • Marginal note:Contribution

    (8) For greater certainty, the payment by or on behalf of an individual of fees to attend an annual or biennial convention or leadership convention of a particular registered party is a contribution to that party.

  • Marginal note:Prohibition

    (9) No person or entity other than an individual who is a Canadian citizen or a permanent resident as defined in subsection 2(1) of the Immigration and Refugee Protection Act shall pay fees to attend an annual or biennial convention or leadership convention of a particular registered party, or pay fees on behalf of another individual for them to attend such a convention.

  • 2000, c. 9, s. 364
  • 2014, c. 12, s. 86
  • 2018, c. 31, s. 239
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