Canada Elections Act

Marginal note:Nomination campaign return

• 478.23 (1) The financial agent of a nomination contestant who has accepted contributions of $1,000 or more in total or incurred nomination campaign expenses of $1,000 or more in total shall provide the Chief Electoral Officer with the following in respect of a nomination campaign:

  • (a) a nomination campaign return, substantially in the prescribed form, on the financing and nomination campaign expenses for the nomination campaign;

  • (b) if the appointment of an auditor is required under subsection 478.25(1), the auditor’s report on the return made under section 478.28;

  • (c) a declaration, in the prescribed form, made by the financial agent that the return is complete and accurate; and

  • (d) a declaration, in the prescribed form, made by the nomination contestant that the return is complete and accurate.

• Marginal note:Contents of return

  (2) The nomination campaign return shall include the following in respect of the nomination contestant:

  • (a) a statement of nomination campaign expenses;

  • (b) a statement of disputed claims that are the subject of proceedings under section 478.21;

  • (c) a statement of unpaid claims that are, or may be, the subject of an application under section 478.19 or 478.2;

  • (d) a statement of contributions received from any of the following classes of contributor: individuals, corporations, trade unions and associations as defined in subsection 405.3(3);

  • (e) the number of contributors in each class listed in paragraph (d);

  • (e.1) in the case of a contributor that is an association as defined in subsection 405.3(3),

    • (i) the name and address of the association, the amount of its contribution and the date on which it was received by the nomination contestant, and

    • (ii) 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 to the association;

  • (f) the name and address of each other contributor who made contributions of a total amount of more than $200 to the nomination contestant, that total amount, as well as the amount of each such contribution and the date on which it was received by the contestant;

  • (g) in the case of a numbered company that is a contributor referred to in paragraph (f), the name of the chief executive officer or president of that company;

  • (h) a statement of the commercial value of goods or services provided and of funds transferred by the nomination contestant to a registered party, a registered association, or a candidate;

  • (i) a statement of the commercial value of goods or services provided and of funds transferred to the nomination contestant from himself or herself in his or her capacity as a candidate; and

  • (j) a statement of the contributions received but returned to the contributor or otherwise dealt with in accordance with this Act.

• Marginal note:Supporting documents

  (3) Together with the nomination campaign return, the financial agent of a nomination contestant shall provide to the Chief Electoral Officer documents evidencing expenses set out in the return, including bank statements, deposit slips, cancelled cheques, any statements and declarations provided to the financial agent by virtue of paragraph 405.3(2)(c) and subsection 405.3(4) and the contestant’s written statement concerning personal expenses referred to in subsection 478.31(1).

• Marginal note:Order for additional supporting documents

  (4) If the Chief Electoral Officer is of the opinion that the documents provided under subsection (3) are not sufficient, the Chief Electoral Officer may require the financial agent to provide by a specified date any additional documents that are necessary to comply with that subsection.

• Marginal note:Loans

  (5) For the purpose of subsection (2), other than paragraph (2)(i), a contribution includes a loan.

• Marginal note:Period for providing documents

  (6) The documents referred to in subsection (1) must be provided to the Chief Electoral Officer within four months after the selection date.

• Marginal note:Exception

  (7) Despite subsection (6), if the selection date of a nomination contest falls within an election period for that electoral district or the 30 days before it, a nomination contestant may submit the documents referred to in subsection (1) within the period for candidates referred to in subsection 451(4).

• Marginal note:Declaration of nomination contestant

  (8) A nomination contestant shall, within four months after the selection date, send to his or her financial agent the declaration referred to in paragraph (1)(d).

• Marginal note:Death of nomination contestant

  (9) If a nomination contestant dies without having sent the declaration within the period referred to in subsection (8),

  • (a) he or she is deemed to have sent the declaration in accordance with that subsection; and

  • (b) the financial agent is deemed to have sent the declaration to the Chief Electoral Officer in accordance with subsection (1).