Canada Elections Act

Marginal note:Prohibition — making indirect contributions

• 405.3 (1) No person or entity shall make a contribution to a registered party, a registered association, a candidate or a leadership contestant or a nomination contestant that comes from money, property or the services of another person or entity that was provided to that person or entity for that purpose.

• Marginal note:Exception

  (2) Despite subsections (1) and 404(1), an association may make contributions that come from money provided by individuals who are eligible, under subsection 404(1), to make contributions if

  • (a) the contributions are made to a registered association, a nomination contestant or a candidate;

  • (b) the contributions do not exceed

    • (i) $1,000 in total in any calendar year to the recipients referred to in paragraph (a) of a particular registered party, and

    • (ii) $1,000 in total to a candidate for a particular election who is not the candidate of a registered party; and

  • (c) the association provides, along with each contribution, a statement containing the following information:

    • (i) the name and address of the individual who is responsible for the association,

    • (ii) the amount of the contribution, and

    • (iii) the name and address of each individual whose money forms part of the contribution, the amount of money provided by that individual that is included in the contribution and the date on which it was provided.

• Marginal note:If two elections in a year

  (2.1) Despite subparagraph (2)(b)(i), if two elections are held in an electoral district in a calendar year and an association has, before the polling day of the first election, made a contribution under that subparagraph to the registered association, the nomination contestants or the candidate of a particular registered party in that electoral district, the association may make contributions not exceeding $1,000 in total to the registered association, the nomination contestants and the candidate of the registered party in that electoral district during the election period for the second election.

• Marginal note:Applicable in one electoral district only

  (2.2) An association may make contributions under subsection (2.1) in respect of the registered association, the nomination contestants and the candidate of any particular registered party in only one electoral district in any calendar year.

• Marginal note:If contribution made to unsuccessful nomination contestant

  (2.3) Despite subparagraph (2)(b)(i), if an association has in any calendar year made a contribution under that subparagraph to an individual who is a nomination contestant in an electoral district in a nomination contest held in that year but who is not endorsed by the registered party as its candidate, the association may during that year make contributions not exceeding $1,000 in total to the endorsed candidate after he or she is endorsed.

• Marginal note:Applicable in one electoral district only

  (2.4) An association may make contributions under subsection (2.3) in respect of the candidate of any particular registered party in respect of only one election and in only one electoral district in any calendar year.

• Definition of association

  (3) In this section, association means an unincorporated organization — other than a trade union — together with all of its branches, chapters or any other divisions.

• Marginal note:Declaration

  (4) Together with the information referred to in paragraph (2)(c), the individual who is responsible for the association shall provide a declaration that the information is complete and accurate.

• Marginal note:Prohibition

  (5) No individual responsible for an association shall knowingly make a false or misleading declaration relating to the information referred to in paragraph (2)(c).

• Marginal note:Amount to be taken into account

  (6) For the application of subsection 405(1), an amount of money provided by an individual that was included in a contribution referred to in subsection (2) shall be taken into account in a calculation of contributions by the individual.