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Canada Elections Act

Version of section 477.74 from 2019-06-13 to 2020-12-28:


Marginal note:Reimbursement — final instalment

  •  (1) On receipt of the documents referred to in subsection 477.59(1), or a corrected or revised version of any of those documents, in respect of a candidate named in a certificate, the Chief Electoral Officer shall provide the Receiver General with a certificate that

    • (a) states that the Chief Electoral Officer is satisfied that the candidate and their official agent have complied with the requirements of subsection 477.56(2) and sections 477.59 to 477.71;

    • (b) states that the auditor’s report does not include a statement referred to in subsection 477.62(3);

    • (c) states that the amount received as partial reimbursement under subsection 477.73(2) is less than the sum of the amounts calculated under paragraphs (2)(a) to (f); and

    • (d) sets out the amount of the final instalment of the reimbursement of the candidate’s expenses, calculated under subsection (2).

  • Marginal note:Calculation of reimbursement

    (2) The amount referred to in paragraph (1)(d) is the sum of the following, less the partial reimbursement made under section 477.73:

    • (a) 60% of the candidate’s paid election expenses, as set out in their electoral campaign return,

    • (b) 60% of the candidate’s paid travel and living expenses that are related to travel and sojourns during the election period, as set out in their electoral campaign return,

    • (c) 60% of the candidate’s paid personal expenses, as set out in their electoral campaign return, other than childcare expenses and expenses referred to in paragraphs 378(1)(c) and (d),

    • (d) 90% of the candidate’s paid childcare expenses, as set out in their electoral campaign return,

    • (e) 90% of the candidate’s paid expenses referred to in paragraphs 378(1)(c) and (d), as set out in their electoral campaign return, and

    • (f) 90% — to a maximum of $5,000 — of the candidate’s paid accessibility expenses, as set out in their electoral campaign return.

  • Marginal note:Reduction of reimbursement

    (3) If a candidate’s election expenses, as set out in their electoral campaign return, exceed the election expenses limit calculated under section 477.49, the amount that is provided for in subsection (2) is reduced as follows:

    • (a) by one dollar for every dollar that exceeds the limit by less than 5%;

    • (b) by two dollars for every dollar that exceeds the limit by 5% or more but by less than 10%;

    • (c) by three dollars for every dollar that exceeds the limit by 10% or more but by less than 12.5%; and

    • (d) by four dollars for every dollar that exceeds the limit by 12.5% or more.

  • Marginal note:Payment of final instalment

    (4) On receipt of the certificate, the Receiver General shall pay, out of the Consolidated Revenue Fund, the amount set out in it to the candidate’s official agent. The payment may be made to the person designated by the official agent.

  • Marginal note:Reimbursement

    (5) If the amount that is provided for in subsection (2) is a negative amount after being reduced under subsection (3), the candidate’s official agent shall without delay return to the Receiver General that amount — expressed as a positive number — up to the amount of the partial reimbursement received by the official agent under section 477.73.

  • 2014, c. 12, s. 86
  • 2018, c. 31, s. 300
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