An Act to amend the Canada Elections Act and the Income Tax Act (political financing) (S.C. 2003, c. 19)
Full Document:
Assented to 2003-06-19
41. (1) Subsections 437(1) and (2) of the Act are replaced by the following:
Marginal note:Bank account
437. (1) An official agent of a candidate shall open, for the sole purpose of the candidate’s electoral campaign, a separate bank account in a Canadian financial institution as defined in section 2 of the Bank Act, or in an authorized foreign bank as defined in that section, that is not subject to the restrictions and requirements referred to in subsection 524(2) of that Act.
Marginal note:Account holder name
(2) The account must name the account holder as follows: “(name of official agent), official agent”.
(2) Subsection 437(4) of the Act is replaced by the following:
Marginal note:Closure of bank account
(4) After the election or the withdrawal or death of the candidate, the official agent of a candidate shall close the account once any unpaid claim or surplus of electoral funds has been dealt with in accordance with this Act.
42. Subsection 438(1) of the Act is repealed.
43. Subsection 450(1) of the Act is replaced by the following:
Marginal note:Deemed contributions
450. (1) An unpaid claim mentioned in a return referred to in subsection 451(1) that, on the day that is 18 months after polling day for the election to which the return relates, remains unpaid, in whole or in part, is deemed to be a contribution of the unpaid amount to the candidate made as of the day on which the expense was incurred.
44. (1) Paragraph 451(1)(c) of the Act is repealed.
(2) Paragraph 451(2)(c) of the Act is repealed.
(3) Paragraph 451(2)(f) of the Act is replaced by the following:
(f) a statement of contributions received from any of the following classes of contributor: individuals, corporations, trade unions and associations as defined in subsection 405.3(3);
(4) Paragraph 451(2)(h) of the Act is replaced by the following:
(g.1) in the case of a contributor that is an association as defined in subsection 405.3(3),
(i) the name and address of the association, the amount of its contribution and the date on which it was received by the candidate, and
(ii) the name and address of each individual whose money forms part of the contribution, the amount of money provided by that individual that is included in the contribution and the date on which it was provided to the association;
(h) the name and address of each other contributor in a class listed in paragraph (f) who made contributions of a total amount of more than $200 to the candidate, that total amount, as well as the amount of each such contribution and the date on which it was received by the candidate;
(5) Paragraphs 451(2)(i) and (j) of the Act are replaced by the following:
(i) a statement of the commercial value of goods or services provided and of funds transferred by the candidate to a registered party, to a registered association or to himself or herself in his or her capacity as a nomination contestant;
(j) a statement of the commercial value of goods or services provided and of funds transferred to the candidate from a registered party, a registered association or a nomination contestant; and
(6) Section 451 of the Act is amended by adding the following after subsection (2):
Marginal note:Supporting documents
(2.1) Together with the electoral campaign return, the official agent of a candidate shall provide to the Chief Electoral Officer documents evidencing expenses set out in the return, including bank statements, deposit slips, cancelled cheques, any statements and declarations provided to the official agent by virtue of paragraph 405.3(2)(c) and subsection 405.3(4) and the candidate’s written statement concerning personal expenses referred to in subsection 456(1).
Marginal note:Order for additional supporting documents
(2.2) If the Chief Electoral Officer is of the opinion that the documents provided under subsection (2.1) are not sufficient, the Chief Electoral Officer may require the official agent to provide by a specified date any additional documents that are necessary to comply with that subsection.
45. Paragraph 452(b) of the Act is replaced by the following:
(b) the name of the contributor of a contribution of more than $25, the name or the address of the contributor having made contributions of a total amount of more than $200 or the name of the chief executive officer or president of a contributor referred to in paragraph 451(2)(h.1) is not known.
46. Subsection 453(1) of the Act is replaced by the following:
Marginal note:Auditor’s report on return on election expenses
453. (1) As soon as practicable after an election, the auditor of a candidate shall report to the candidate’s official agent on the electoral campaign return referred to in paragraph 451(1)(a) 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.
47. The portion of section 461 of the Act before paragraph (a) is replaced by the following:
Marginal note:Recourse of candidate for fault of official agent
461. A candidate may apply to a judge who is competent to conduct a recount for an order that relieves the candidate from any liability or consequence under this or any other Act in relation to an act or omission of the candidate’s official agent, if the candidate establishes that
48. (1) Paragraph 464(1)(b) of the Act is replaced by the following:
(b) the name of any candidate who received 10% or more of the number of valid votes cast; and
(2) Subsection 464(2) of the Act is 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 and personal expenses. The payment may be made to the person designated by the official agent.
(3) The portion of subsection 464(3) of the Act before paragraph (a) is replaced by the following:
Marginal note:Return of excess payment
(3) An official agent of a candidate shall without delay return to the Receiver General any amount received by him or her under subsection (2) that is more than 60% of the total of
49. (1) Paragraph 465(2)(a) of the English version of the Act is replaced by the following:
(a) 50% of the sum of the candidate’s paid election expenses and paid personal expenses, less the partial reimbursement made under section 464, and
(2) Paragraph 465(2)(b) of the Act is replaced by the following:
(b) 50% of the election expenses limit provided for in section 440, less the partial reimbursement made under section 464.
(2.1) Paragraphs 465(2)(a) and (b) of the Act, as amended by subsections (1) and (2), are replaced by the following:
(a) 60% of the sum of the candidate’s paid election expenses and paid personal expenses, less the partial reimbursement made under section 464, and
(b) 60% of the election expenses limit provided for in section 440, less the partial reimbursement made under section 464.
(3) Subsection 465(3) of the Act is replaced by the following:
Marginal note:Payment of final instalment
(3) 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 the candidate. The payment may be made to the person designated by the official agent.
(4) Subsections (1) and (2) are deemed to have come into force on September 1, 2000.
Marginal note:2001, c. 21, s. 23(F)
50. Sections 466 and 467 of the Act are replaced by the following:
Marginal note:Reimbursement of auditor’s fees
466. On receipt of the documents referred to in subsection 451(1) and, if it applies, subsection 455(1), including the auditor’s report, and a copy of the auditor’s invoice for that report in an amount of $250 or more, the Chief Electoral Officer shall provide the Receiver General with a certificate that sets out the amount of the expenses incurred for the audit, up to a maximum of the lesser of 3% of the candidate’s election expenses and $1,500.
Marginal note:Payment
467. 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.
51. (1) Paragraph 468(1)(a) of the Act is replaced by the following:
(a) each candidate, including one who has withdrawn under subsection 74(1), who the Chief Electoral Officer is satisfied has provided the documents under section 451 and returned any unused forms referred to in section 477, in accordance with subsection 478(2); and
(2) Subsection 468(2) of the Act is replaced by the following:
Marginal note:Payment
(2) On receipt of the certificate, the Receiver General shall pay out of the Consolidated Revenue Fund the amount of each listed candidate’s nomination deposit to his or her official agent. The payment may be made to the person designated by the official agent.
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