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
306 Paragraphs 477.81(3)(a) and (b) of the Act are replaced by the following:
307 The Act is amended by adding the following after section 477.84:
Marginal note:Persons to whom this section applies
477.841 (1) This section applies to any person who was a candidate at an election but who was not endorsed by a registered party and whose official agent disposed of the candidate’s surplus electoral funds under paragraph 477.82(b).
Marginal note:Application for repayment
(2) The official agent of a candidate who is a person referred to in subsection (1) may, for the purpose of the candidate’s electoral campaign, apply to the Chief Electoral Officer for repayment of the amount of the surplus electoral funds referred to in that subsection if that candidate
(a) is a candidate at the general election next following the election to which the funds relate but is not endorsed by a registered party and was not a candidate at any intervening by-election;
(b) is a candidate at one, and only one, intervening by-election and at that by-election is not endorsed by a registered party; or
(c) is a candidate at more than one intervening by-election and, at the first intervening by-election at which they are a candidate, is not endorsed by a registered party.
Marginal note:Payment
(3) On receipt of a request for payment from the Chief Electoral Officer in relation to an application, the Receiver General shall pay the amount specified in the application to the candidate’s official agent out of the Consolidated Revenue Fund.
Marginal note:2014, c. 12, s. 86
308 Subsection 477.9(5) of the Act is replaced by the following:
Marginal note:Period for providing statement
(5) The candidate shall provide the statement to the Chief Electoral Officer within four months after polling day.
Marginal note:2014, c. 12, s. 86
309 Section 478 of the Act and the heading “Interpretation” before it are repealed.
Marginal note:2014, c. 12, s. 86
310 Subsection 478.61(3) of the French version of the Act is replaced by the following:
Marginal note:Nomination d’un agent membre d’une société
(3) Tout membre d’une société nommée conformément à la présente loi à titre de vérificateur d’un parti enregistré peut être nommé agent du candidat à la direction.
Marginal note:2014, c. 12, s. 86
311 Subsection 478.72(3) of the Act is replaced by the following:
Marginal note:Deposits into account
(3) All of a leadership contestant’s financial transactions in relation to the contestant’s leadership campaign that involve the receipt of money are to be deposited to the account unless the transaction involves the receipt of the contestant’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 leadership contestant’s financial transactions in relation to the contestant’s leadership campaign that involve the payment of money are to be paid from the account unless the transaction involves the payment out of the contestant’s own funds of a litigation expense or a personal expense.
Marginal note:2014, c. 12, s. 86
312 (1) Subsection 478.73(4) of the Act is replaced by the following:
Marginal note:Prohibition — paying leadership campaign expenses
(4) No person or entity, other than a leadership campaign agent of a leadership contestant, shall pay the contestant’s leadership campaign expenses except for
Marginal note:2014, c. 12, s. 86
(2) Subsection 478.73(6) of the Act is replaced by the following:
Marginal note:Prohibition — paying contestant’s personal expenses, etc.
(6) No person or entity, other than the leadership contestant or their financial agent, shall pay the contestant’s expenses referred to in any of paragraphs 4(a) to (c).
Marginal note:2014, c. 12, s. 86
313 (1) Paragraph 478.8(2)(a) of the Act is replaced by the following:
(a) a statement of leadership contest expenses;
(a.1) a statement of litigation expenses that includes an indication of which of those expenses were paid other than from the bank account referred to in subsection 478.72(1) and the source of the funds used to pay them;
(a.2) a statement of travel and living expenses;
(a.3) a statement of personal expenses that includes an indication of which of those expenses were paid other than from the bank account referred to in subsection 478.72(1) and the source of the funds used to pay them;
(a.4) a statement of leadership campaign expenses, other than the expenses referred to in paragraphs (a) to (a.3);
Marginal note:2014, c. 12, s. 86
(2) Paragraph 478.8(2)(i) of the Act is replaced by the following:
(i) a statement of the funds transferred by the leadership contestant to a registered party or a registered association;
Marginal note:2014, c. 12, s. 86
(3) Subsection 478.8(3) of the Act is replaced by the following:
Marginal note:Supporting documents
(3) Together with the leadership campaign return, the leadership contestant’s financial agent shall provide the Chief Electoral Officer with documents evidencing expenses set out in the return, including bank statements, deposit slips, cancelled cheques and the contestant’s written statement referred to in subsection 478.85(1).
(4) Subsection 478.8(9) of the Act is amended by striking out “and” at the end of paragraph (a), by adding “and” at the end of paragraph (b) and by adding the following after paragraph (b):
(c) the Chief Electoral Officer is deemed to have received the declaration for the purpose of section 478.931.
Marginal note:2014, c. 12, s. 86
314 Subsection 478.83(1) of the Act is replaced by the following:
Marginal note:Auditor’s report
478.83 (1) As soon as feasible after the end of a leadership contest, the auditor of a leadership contestant who has accepted contributions of $10,000 or more in total or incurred leadership campaign expenses of $10,000 or more in total shall report to the contestant’s financial agent on the leadership campaign return for that contest and shall, in accordance with generally accepted auditing standards, make any examination that will enable the auditor to give an opinion in the report as to whether the return presents fairly the information contained in the financial records on which it is based.
Marginal note:2014, c. 12, s. 86
315 (1) Paragraphs 478.85(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 478.72(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 478.85 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 leadership contestant shall send their financial agent documents evidencing the payment of the expenses referred to in the statement.
(3) Section 478.85 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 leadership contestant pays a litigation expense other than from the bank account referred to in subsection 478.72(1), the contestant shall, as soon as feasible after paying it,
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