Elections Modernization Act (S.C. 2018, c. 31)
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Assented to 2018-12-13
2000, c. 9Canada Elections Act (continued)
Marginal note:2014, c. 12, s. 86
298 The heading before section 477.73 of the Act is replaced by the following:
Reimbursement of Certain Expenses
Marginal note:2014, c. 12, s. 86
299 Subsections 477.73(2) and (3) of the Act are replaced by the following:
Marginal note:Payment of partial reimbursement
(2) On receipt of the certificate, the Receiver General shall pay the amount set out in it out of the Consolidated Revenue Fund to the official agent of any candidate named in the certificate as partial reimbursement for the candidate’s election expenses, travel and living expenses that are related to travel and sojourns during the election period, accessibility expenses and personal expenses. The payment may be made to the person designated by the official agent.
Marginal note:Return of excess payment
(3) A candidate’s official agent shall without delay return to the Receiver General any amount received under subsection (2) that is more than the sum of
(a) 60% of the candidate’s paid election expenses, as set out in the 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 or 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:2014, c. 12, s. 86
300 (1) Paragraphs 477.74(1)(c) and (d) of the Act are replaced by the following:
(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:2014, c. 12, s. 86
(2) Subsection 477.74(2) of the Act is replaced by the following:
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.
301 The Act is amended by adding the following after section 477.74:
Marginal note:Payment to candidate
477.741 The official agent shall use any amount received under subsection 477.73(2), or received under both that subsection and subsection 477.74(4), to pay to the candidate the amount that is the sum of
(a) 60% of the candidate’s personal expenses, as set out in their electoral campaign return, other than childcare expenses and expenses referred to in paragraph 378(1)(c) or (d), that were paid other than from the bank account referred to in subsection 477.46(1), and
(b) 90% of the total of the candidate’s childcare expenses and expenses referred to in paragraphs 378(1)(c) and (d), as set out in their electoral campaign return, that were paid other than from the bank account referred to in subsection 477.46(1).
302 The Act is amended by adding the following after section 477.76:
Marginal note:Inflation adjustment factor
477.761 The $1,500 amount set out in paragraph 477.75(a) and the $250 amount set out in paragraph 477.75(b) shall be multiplied by the inflation adjustment factor referred to in section 384 that is in effect on polling day.
Marginal note:2014, c. 12, s. 86
303 Section 477.77 of the Act is repealed.
Marginal note:2014, c. 12, s. 86
304 Paragraph 477.79(a) of the Act is replaced by the following:
(a) the election is deemed to have been held on the day on which the writ is withdrawn or deemed to be withdrawn; and
Marginal note:2014, c. 12, s. 86
305 (1) Subsections 477.8(1) and (2) of the Act are replaced by the following:
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:2014, c. 12, s. 86
(2) Paragraphs 477.8(3)(b) and (c) of the Act are replaced by the following:
(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);
(3) Section 477.8 of the Act is amended by adding the following after subsection (3):
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:2014, c. 12, s. 86
(4) Paragraph 477.8(4)(b) of the Act is replaced by the following:
(b) any amount of a reimbursement referred to in paragraph (3)(b) that the candidate transfers to that registered party; and
- Date modified: