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

Full Document:  

Assented to 2018-12-13

2000, c. 9Canada Elections Act (continued)

Marginal note:2014, c. 12, s. 86

  • 283 (1) Paragraphs 476.82(1)(a) and (b) of the Act are replaced by the following:

    • (a) sets out the following:

      • (i) the amount of any travel and living expenses paid by the contestant and details of those expenses, and

      • (ii) the amount of any litigation expenses and personal expenses paid by the contestant, details of those expenses and an indication of which of them were paid other than from the bank account referred to in subsection 476.65(1) and the source of the funds used to pay them; or

    • (b) declares that the contestant did not pay for any travel and living expenses, litigation expenses or personal expenses.

  • (2) Section 476.82 of the Act is amended by adding the following after subsection (1):

    • Marginal note:Supporting documents

      (1.1) Together with the statement referred to in paragraph (1)(a), the nomination contestant shall send their financial agent documents evidencing the payment of the expenses referred to in the statement.

  • (3) Section 476.82 of the Act is amended by adding the following after subsection (2):

    • Marginal note:Subsequent payments — litigation expenses

      (3) If, after having sent their financial agent the statement referred to in subsection (1), a nomination contestant pays a litigation expense other than from the bank account referred to in subsection 476.65(1), the contestant shall, as soon as feasible after paying it,

      • (a) notify their financial agent of the payment;

      • (b) inform their financial agent of the amount of the expense, the details of the expense and the source of the funds used to pay it; and

      • (c) send their financial agent documents evidencing payment of the expense.

284 The Act is amended by adding the following after section 476.89:

Marginal note:Prohibition — false or misleading declaration

476.891 No nomination contestant shall send to their financial agent a declaration referred to in paragraph 476.75(1)(d) that they know or reasonably ought to know is false or misleading.

Marginal note:2014, c. 12, s. 86

285 Section 476.9 of the Act is replaced by the following:

Marginal note:Prohibition — false, misleading or incomplete document

476.9 No financial agent of a nomination contestant shall provide the Chief Electoral Officer with a document referred to in subsection 476.75(1), (10), (11), (12) or (15) that

  • (a) the financial agent knows or ought reasonably to know contains a material statement that is false or misleading; or

  • (b) in the case of a document referred to in paragraph 476.75(1)(a), does not substantially set out the information required under subsection 476.75(2) and, in the case of a document referred to in subsection 476.75(10), (11), (12) or (15), does not substantially set out the information required under that subsection.

Payment of Audit Expenses

Marginal note:Certificate

  • 476.901 (1) On receipt of the documents referred to in subsection 476.75(1), including the auditor’s report, and a copy of the auditor’s invoice for the report, the Chief Electoral Officer shall provide the Receiver General with a certificate that sets out the greater of

    • (a) the amount of the expenses incurred for the audit, up to a maximum of the lesser of 3% of the nomination contestant’s nomination contest expenses and $1,500, and

    • (b) $250.

  • Marginal note:Payment

    (2) On receipt of the certificate, the Receiver General shall pay the amount set out in it to the auditor out of the Consolidated Revenue Fund.

  • Marginal note:Inflation adjustment factor

    (3) The $1,500 amount set out in paragraph (1)(a) and the $250 amount set out in paragraph (1)(b) shall be multiplied by the inflation adjustment factor referred to in section 384 that is in effect on the selection date.

Marginal note:2014, c. 12, s. 86

286 Section 476.91 of the Act is replaced by the following:

Marginal note:Surplus of nomination campaign funds

  • 476.91 (1) The surplus amount of nomination campaign funds that a nomination contestant receives for a nomination contest is the amount by which the sum of the following is more than the sum of the contestant’s nomination campaign expenses paid from the bank account referred to in subsection 476.65(1) and any transfers referred to in paragraph 364(5)(a):

    • (a) contributions accepted by the financial agent on behalf of the contestant;

    • (b) money received from the sale referred to in subsection (2); and

    • (c) any other amounts received by the contestant for their nomination campaign that are required to be deposited into the bank account referred to in subsection 476.65(1) and are not repayable.

  • Marginal note:Sale of capital assets

    (2) Before the surplus amount of nomination campaign funds is disposed of in accordance with sections 476.92 and 476.93, a nomination contestant’s financial agent shall sell, at their fair market value, any capital assets whose acquisition constitutes a nomination campaign expense.

Marginal note:2014, c. 12, s. 86

287 Section 477 of the Act is replaced by the following:

Marginal note:Deeming

477 For the purposes of Division 1 of this Part and this Division, except sections 477.89 to 477.95, a candidate is deemed to have been a candidate from the time they accept a provision of goods or services under section 364, accept a transfer of funds under that section, accept a contribution, borrow money under section 373 or incur an electoral campaign expense within the meaning of subsection 375(1).

Marginal note:2014, c. 12, s. 86

288 Section 477.1 of the Act is replaced by the following:

Marginal note:Duty to appoint official agent

  • 477.1 (1) A candidate shall appoint an official agent before accepting a provision of goods or services under section 364, accepting a transfer of funds under that section, accepting a contribution, borrowing money under section 373 or incurring an electoral campaign expense within the meaning of subsection 375(1).

  • Marginal note:Appointment of auditor

    (2) A candidate shall appoint an auditor without delay if

    • (a) they accept contributions of $10,000 or more in total;

    • (b) they incur electoral campaign expenses of $10,000 or more in total; or

    • (c) they receive 10% or more of the valid votes cast in the electoral district in which they are a candidate.

Marginal note:2014, c. 12, s. 86

289 Subsection 477.46(3) of the Act is replaced by the following:

  • Marginal note:Deposits into account

    (3) All of a candidate’s financial transactions in relation to the candidate’s electoral campaign that involve the receipt of money are to be deposited to the account unless the transaction involves the receipt of the candidate’s own funds and those funds are used to pay a litigation expense or a personal expense.

  • Marginal note:Payments from account

    (3.1) All of a candidate’s financial transactions in relation to the candidate’s electoral campaign that involve the payment of money are to be paid from the account unless the transaction involves the payment out of the candidate’s own funds of a litigation expense or a personal expense.

Marginal note:2014, c. 12, s. 86

  • 290 (1) Subsection 477.47(4) of the Act is replaced by the following:

    • Marginal note:Prohibition — paying electoral expenses

      (4) No person or entity, other than a candidate’s official agent, shall pay the candidate’s electoral campaign expenses except for

      • (a) a litigation expense;

      • (b) travel and living expenses;

      • (c) a personal expense; or

      • (d) a petty expense referred to in section 381.

  • Marginal note:2014, c. 12, s. 86

    (2) Subsection 477.47(6) of the Act is replaced by the following:

    • Marginal note:Election expenses incurred by candidate

      (5.1) Despite subsection (5), a candidate shall, before incurring election expenses, obtain the written authorization of their official agent to incur those expenses, and shall incur them only in accordance with that authorization.

    • Marginal note:Prohibition — paying candidate’s personal expenses, etc.

      (6) No person or entity, other than a candidate or their official agent, shall pay the candidate’s expenses referred to in any of paragraphs (4)(a) to (c).

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