Canada Elections Act

Marginal note:Surplus of electoral funds

• 477.8 (1) The surplus amount of electoral funds that a candidate receives for an election is the amount by which the candidate’s electoral revenues referred to in subsection (3) are more than the total of the candidate’s electoral campaign expenses paid from the bank account referred to in subsection 477.46(1) and the transfers referred to in subsection (4).

• Marginal note:Transfer or sale of capital assets

  (2) Before the surplus amount of electoral funds is disposed of in accordance with sections 477.81 and 477.82, a candidate’s official agent shall either transfer any capital assets whose acquisition constitutes an electoral campaign expense within the meaning of subsection 375(1) to the registered party that has endorsed the candidate — or to the registered association of that party in the candidate’s electoral district — or sell them at their fair market value.

• Marginal note:Electoral revenues

  (3) The electoral revenues of a candidate include any amount that represents

  • (a) a monetary contribution made to the candidate;

  • (b) any of the following for which the candidate was reimbursed under this Act:

    • (i) an election expense,

    • (ii) travel and living expenses,

    • (iii) an accessibility expense,

    • (iv) a personal expense paid from the bank account referred to in subsection 477.46(1), and

    • (v) a cost incurred in respect of a request or an application made under Part 14, if the cost was paid from the bank account referred to in subsection 477.46(1);

  • (c) [Repealed, 2018, c. 31, s. 305]

  • (d) the resale value of the capital assets referred to in subsection (2); and

  • (e) any other amount that was received by the candidate for their electoral campaign and that is not repayable.

• Marginal note:Exclusion

  (3.1) Despite subsection (3), for the purposes of this Act, none of the following is electoral revenue:

  • (a) any amount used to pay for a candidate’s litigation expenses that was not deposited into the bank account referred to in subsection 477.46(1);

  • (b) any amount used to pay for a candidate’s personal expenses that was not deposited into the bank account referred to in subsection 477.46(1);

  • (c) any amount paid to the candidate under this Act as a reimbursement of personal expenses that were paid other than from the bank account referred to in subsection 477.46(1); and

  • (d) any amount paid to the candidate under this Act as a reimbursement of a cost incurred in respect of a request or an application made under Part 14, if that cost was paid other than from the bank account referred to in subsection 477.46(1).

• Marginal note:Transfers

  (4) A transfer made by a candidate is a transfer of

  • (a) any funds that the candidate transfers, during the election period, to a registered party or a registered association;

  • (b) any amount of a reimbursement referred to in paragraph (3)(b) that the candidate transfers to that registered party; and

  • (c) any funds transferred by the candidate under paragraph 364(3)(d).