Elections Modernization Act (S.C. 2018, c. 31)

For greater certainty, contributions made by a candidate under subsection (1) to a registered party or a registered association that later transfers funds to the candidate for the purpose of their campaign do not have the effect of reducing the amount that the candidate may contribute under this subsection.

• Marginal note:Prohibition — accepting excessive contributions

  (3) No person who is permitted to accept contributions under this Act shall accept a contribution that exceeds a limit under this Act.

Marginal note:Return of contributions

372 If a registered party, a registered association, a nomination contestant, a candidate or a leadership contestant receives a contribution made in contravention of subsection 367(1) or (6) or 368(4) or section 370 or 371, the chief agent of the registered party, the financial agent of the registered association, the official agent of the candidate or the financial agent of the nomination contestant or leadership contestant, as the case may be, shall, within 30 days after becoming aware of the contravention, return the contribution unused to the contributor or, if that is not possible, pay the amount of it — or, in the case of a non-monetary contribution, an amount of money equal to its commercial value — to the Chief Electoral Officer, who shall forward that amount to the Receiver General.

Marginal note:Nomination campaign expenses

• 374.1 (1) A nomination campaign expense of a nomination contestant is an expense reasonably incurred as an incidence of the nomination contest, including

  • (a) a nomination contest expense;

  • (b) a litigation expense;

  • (c) travel and living expenses;

  • (d) a personal expense; and

  • (e) any fees of an auditor appointed under subsection 476.77(1) that have not been reimbursed by the Receiver General.

• Marginal note:Exclusions — administrative monetary penalties, etc.

  (2) For greater certainty, none of the following is a nomination campaign expense:

  • (a) the amount of any administrative monetary penalty imposed under Part 19;

  • (b) any amount that is required to be paid under a compliance agreement entered into under Part 19 solely as a result of that compliance agreement; and

  • (c) any amount that is required to be paid under an undertaking provided under Part 19 solely as a result of that undertaking.

Marginal note:Nomination contest expenses

• 374.2 (1) A nomination contest expense is any of the following:

  • (a) any cost incurred, or non-monetary contribution received, by a nomination contestant, to the extent that the property or service that the cost was incurred for or that was received as a non-monetary contribution is used to directly promote or oppose a nomination contestant during a nomination contest; and

  • (b) any acceptance by a nomination contestant of a provision of goods or services that is permitted under paragraph 364(2)(c), to the extent that the goods or services are used to directly promote or oppose a nomination contestant during a nomination contest.

• Marginal note:Exclusion — fundraising

  (2) Expenses for a fundraising activity, other than expenses referred to in paragraphs (3)(a) and (b) that are related to that activity, are not nomination contest expenses under subsection (1).

• Marginal note:Inclusions

  (3) A nomination contest expense includes a cost incurred for, a non-monetary contribution in relation to, or a provision of goods and services in relation to,

  • (a) the production of advertising or promotional material;

  • (b) the distribution, broadcast or publication of such material in any media or by any other means during the nomination contest, including by the use of a capital asset;

  • (c) the payment of remuneration and expenses to or on behalf of a person for their services as a financial agent or in any other capacity;

  • (d) securing a meeting space or the supply of light refreshments at meetings;

  • (e) any product or service provided by a government, a Crown corporation or any other public agency; and

  • (f) the conduct of surveys or research during a nomination contest.

• Marginal note:Definition of cost incurred

  (4) In this section, cost incurred means an expense that is incurred by a nomination contestant, whether it is paid or unpaid.

Marginal note:Litigation expenses — nomination contestants

374.3 A litigation expense of a nomination contestant is an expense of the contestant related to an application to a judge made under this Part, including an expense related to any appeal or judicial review arising from the application.

Marginal note:Personal expenses — nomination contestants

• 374.4 (1) A nomination contestant’s personal expenses include

  • (a) childcare expenses;

  • (b) expenses relating to the provision of care for a person with a physical or mental incapacity for whom the contestant normally provides such care; and

  • (c) in the case of a contestant who has a disability, additional expenses that are related to the disability.

• Marginal note:Exclusions — travel and living expenses, etc.

  (2) Neither litigation expenses nor travel and living expenses are personal expenses of a nomination contestant.

• Marginal note:Exclusion — accessibility expenses

  (3.1) An accessibility expense of a registered party or a candidate, as the case may be, is not an election expense of that party or candidate.