Canada Elections Act

Version of section 404.2 from 2007-06-12 to 2014-12-18:


Marginal note:Contributions — inclusions and exclusions

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

  • 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 party with which it is affiliated, another registered association of the party or a candidate endorsed by the party;

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

    • (d) from a candidate to himself or herself in his or her capacity as a nomination contestant in respect of the same election.

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

    (2.1) 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 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; or

    • (d) from a candidate to himself or herself in his or her capacity as a nomination contestant in respect of the same election.

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

    (2.2) 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 party with which the association is affiliated.

  • Marginal note:Exclusions — leadership contestants and nomination contestants

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

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

    • (b) 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; or

    • (c) from a registered party to a leadership contestant with funds from a directed contribution referred to in subsection 404.3(3).

  • (4) [Repealed, 2006, c. 9, s. 44]

  • Marginal note:Exception

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

  • Marginal note:Exception

    (6) The payment by an individual during a year of fees of not more than $25 per year in relation to a period of not more than 5 years for membership in a registered party is not a contribution.

  • Marginal note:Contribution

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

  • 2003, c. 19, s. 24;
  • 2006, c. 9, s. 44.
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