Canada Elections Act (S.C. 2000, c. 9)

Marginal note:Corrections or revisions — Chief Electoral Officer

• 361.2 (1) The Chief Electoral Officer, on the written application of a third party, shall authorize the correction or revision of a third-party expenses return filed under subsection 359(1) if he or she is satisfied by the evidence submitted by the third party that the correction or revision is necessary in order for the requirements of this Act to be complied with.

• Marginal note:Application made without delay

  (2) The application shall be made immediately after the third party becomes aware of the need for correction or revision.

• Marginal note:Deadline for corrections or revisions

  (3) The third party shall provide the Chief Electoral Officer with the corrected or revised version of the return within 30 days after the day on which the correction or revision is authorized or within any extension of that period authorized under subsection (4) or (5).

• Marginal note:New deadline

  (4) The Chief Electoral Officer, on the written application of the third party made within two weeks after the end of the 30-day period referred to in subsection (3), shall authorize the extension of that period, unless he or she is satisfied that the third party’s failure to provide the corrected or revised version of the return was deliberate or was the result of the third party’s failure to exercise due diligence.

• Marginal note:Extension of new deadline

  (5) The Chief Electoral Officer, on the written application of the third party made within two weeks after the end of an extension authorized under subsection (4) or under this subsection, shall authorize the further extension of that period, unless he or she is satisfied that the third party’s failure to provide the corrected or revised version of the return was deliberate or was the result of the third party’s failure to exercise due diligence.

Marginal note:Extensions, corrections or revisions — judge

• 361.3 (1) A third party may apply to a judge for an order

  • (a) relieving the third party from the obligation to comply with a request referred to in subsection 361(2);

  • (b) authorizing an extension referred to in subsection 361.1(1); or

  • (c) authorizing a correction or revision referred to in subsection 361.2(1).

  The third party shall notify the Chief Electoral Officer that the application has been made.

• Marginal note:Deadline

  (2) The application may be made

  • (a) under paragraph (1)(a), within the specified period referred to in subsection 361(2) or within the two weeks after the end of that period;

  • (b) under paragraph (1)(b), within two weeks after, as the case may be,

    • (i) if an application for an extension is not made to the Chief Electoral Officer within the period referred to in subsection 361.1(2), the end of the two-week period referred to in that subsection,

    • (ii) the rejection of an application for an extension made in accordance with section 361.1, or

    • (iii) the end of the extended period referred to in subsection 361.1(1); or

  • (c) under paragraph (1)(c), within two weeks after the rejection of an application for a correction or revision made in accordance with section 361.2.

• Marginal note:Grounds — extension

  (3) The judge shall grant an order authorizing an extension unless the judge is satisfied that the third party’s failure to file the required third-party expenses return was deliberate or was the result of the third party’s failure to exercise due diligence.

• Marginal note:Grounds — corrections or revisions

  (4) The judge shall grant an order authorizing a correction or revision if the judge is satisfied by the evidence submitted by the third party that the correction or revision is necessary in order for the requirements of this Act to be complied with.

• Marginal note:Contents of order

  (5) The order may require that the third party satisfy any condition that the judge considers necessary for carrying out the purposes of this Act.

Marginal note:Publication

362 The Chief Electoral Officer shall, in the manner he or she considers appropriate,

• (a) publish the names and addresses of registered third parties, as they are registered;

• (a.1) publish, as soon as feasible, returns filed under subsection 349.91(1), 349.92(1), 357.01(1) or 357.02(1);

• (b) publish, within one year after the issue of the writ, returns filed under subsection 359(1); and

• (c) publish, as soon as feasible, a corrected or revised version of a return filed under subsection 359(1) and published under paragraph (b).

PART 18Financial Administration

DIVISION 1General Financial Provisions

Contributions

Marginal note:Prohibition — ineligible contributors

• 363 (1) No person or entity other than an individual who is a Canadian citizen or is a permanent resident as defined in subsection 2(1) of the Immigration and Refugee Protection Act shall make a contribution to a registered party, a registered association, a nomination contestant, a candidate or a leadership contestant.

• Marginal note:Return of contributions

  (2) If a registered party, a registered association, a nomination contestant, a candidate or a leadership contestant receives a contribution from an ineligible contributor, 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 ineligibility, 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:Provincial divisions

  (3) For greater certainty, contributions to and expenses of a provincial division of a registered party are contributions to and expenses of the party. Similarly, transfers of funds to or by the division are transfers to or by the party.

• Marginal note:Registered agents

  (4) A provincial division of a registered party may appoint registered agents, subject to any terms and conditions that the appointment specifies. This Act applies to those agents as if they were registered agents appointed by the party under subsection 396(1).

Marginal note:Contributions — inclusions and exclusions

• 364 (1) Any money that is used for a nomination contestant’s, a candidate’s or a leadership contestant’s campaign out of their own funds is a contribution for the purposes of this Act.

• Marginal note:Exclusion — litigation expenses and personal expenses

  (1.1) For the purposes of this Act, any money that is used out of a nomination contestant’s, candidate’s or leadership contestant’s own funds to pay a litigation expense or personal expense is not a contribution if it has not been deposited into the bank account referred to in

  • (a) subsection 476.65(1), in the case of a nomination contestant;

  • (b) subsection 477.46(1), in the case of a candidate; or

  • (c) subsection 478.72(1), in the case of a leadership contestant.

• Marginal note:Exclusion for goods and services — registered parties, registered associations and candidates

  (2) A provision of goods or services is permitted and is not a contribution for the purposes of this Act if it is

  • (a) from a registered party to an electoral district association of the party or a candidate endorsed by the party;

  • (b) from a registered association to the registered party with which it is affiliated, another registered association of the party or a candidate endorsed by the party;

  • (c) from a registered party or registered association to a nomination contestant or a leadership contestant in compliance with subsection 365(1);

  • (d) from a candidate endorsed by a registered party to the party or a registered association of the party;

  • (e) from a candidate to themselves in their capacity as a nomination contestant in respect of the same election; or

  • (f) in the case where a writ is deemed to be withdrawn under subsection 31(3) of the Parliament of Canada Act, from a candidate in an election that is cancelled to themselves in their capacity as a candidate in respect of the general election resulting from the dissolution of Parliament.

• Marginal note:Exclusion for funds — registered parties, registered associations and candidates

  (3) A transfer of funds is permitted and is not a contribution for the purposes of this Act if it is

  • (a) from a registered party to an electoral district association of the party;

  • (b) from a registered association to the registered party with which it is affiliated or another registered association of the party;

  • (c) from a candidate endorsed by a registered party to the party or a registered association of the party;

  • (d) from a candidate to themselves in their capacity as a nomination contestant in respect of the same election; or

  • (e) in the case where a writ is deemed to be withdrawn under subsection 31(3) of the Parliament of Canada Act, from a candidate in an election that is cancelled to themselves in their capacity as a candidate in respect of the general election resulting from the dissolution of Parliament.

• Marginal note:Exclusion for funds other than trust funds — registered parties and registered associations

  (4) A transfer of funds, other than trust funds, is permitted and is not a contribution for the purposes of this Act if it is

  • (a) from a registered party to a candidate endorsed by the party; or

  • (b) from a registered association to a candidate endorsed by the registered party with which the association is affiliated.

• Marginal note:Exclusion for funds — nomination contestants, leadership contestants and registered parties

  (5) A transfer of funds is permitted and is not a contribution for the purposes of this Act if it is

  • (a) from a nomination contestant of a registered party to the party, the registered association of the party that held the nomination contest or the official agent of the candidate endorsed by the party in the electoral district in which the nomination contest was held;

  • (b) from a leadership contestant of a registered party to the party or a registered association of the party; or

  • (c) from a registered party to a leadership contestant out of funds from a directed contribution referred to in subsection 365(3).

• Marginal note:Exclusion — paid leave of absence

  (6) The provision by an employer of a paid leave of absence to an employee for the purpose of allowing the employee to be a nomination contestant or candidate is not a contribution.

• Marginal note:Exclusion — membership fees

  (7) The payment by an individual during a year of fees of not more than $25 per year for a period of not more than five years for membership in a registered party is not a contribution.

• Marginal note:Contribution

  (8) For greater certainty, the payment by or on behalf of an individual of fees to attend an annual or biennial convention or leadership convention of a particular registered party is a contribution to that party.

• Marginal note:Prohibition

  (9) No person or entity other than an individual who is a Canadian citizen or a permanent resident as defined in subsection 2(1) of the Immigration and Refugee Protection Act shall pay fees to attend an annual or biennial convention or leadership convention of a particular registered party, or pay fees on behalf of another individual for them to attend such a convention.

Marginal note:Certain transfers prohibited

• 365 (1) No registered party and no electoral district association of a registered party shall provide goods or services or transfer funds to a nomination contestant or a leadership contestant, unless the goods or services are offered equally to all contestants.

• Definition of directed contribution

  (2) In this section, directed contribution means an amount that is all or part of a contribution made to a registered party and that the contributor requests in writing be transferred to a particular leadership contestant.

• Marginal note:Exception

  (3) Subsection (1) does not apply to a directed contribution that is transferred by the registered party to the leadership contestant mentioned in the request if the party provides, with the amount transferred, a statement in the prescribed form setting out the name and address of the contributor, the amount and date of the contribution, the amount of the directed contribution, the amount that the party is transferring and the date of the transfer.

• Marginal note:Presumption

  (4) The amount of a directed contribution that is to be transferred to a leadership contestant is deemed to be a contribution made by the contributor to the contestant.

Marginal note:Issuance of receipts

• 366 (1) Any person who is authorized to accept contributions on behalf of a registered party, a registered association, a nomination contestant, a candidate or a leadership contestant shall issue a receipt — of which the person shall keep a copy — for each contribution of more than $20 that they accept.

• Marginal note:Record keeping

  (2) If anonymous contributions of $20 or less per person are collected in response to a general solicitation at a meeting or fundraising event related to the affairs of a registered party, a registered association, a nomination contestant, a candidate or a leadership contestant, the person authorized to accept those contributions shall record the following:

  • (a) a description of the function at which the contributions were collected;

  • (b) the date of the function;

  • (c) the approximate number of people at the function; and

  • (d) the total amount of the anonymous contributions received.

Marginal note:Contribution limits

• 367 (1) Subject to subsection 373(4), no individual shall make contributions that exceed

  • (a) $1,500 in total in any calendar year to a particular registered party;

  • (b) $1,500 in total in any calendar year to the registered associations, nomination contestants and candidates of a particular registered party;

  • (c) $1,500 in total to a candidate for a particular election who is not the candidate of a registered party; and

  • (d) $1,500 in total in any calendar year to the leadership contestants in a particular leadership contest.

• Marginal note:Increase to contribution limits

  (1.1) The contribution limits set out in subsection (1) increase by $25 on January 1 in each year.

• Marginal note:Testamentary dispositions

  (2) A contribution may be made by way of a testamentary disposition if the contribution is made only in one calendar year and does not cause the contributor to exceed the relevant limit under subsection (1), taking into account any contributions that the contributor made before their death.

• Marginal note:Non-conforming testamentary dispositions read down

  (3) A testamentary disposition that provides for a contribution that would cause the contributor to exceed the relevant limit under subsection (1) shall be read as if the contribution is for the highest amount that would not cause the contributor to exceed that limit, and a testamentary disposition that provides for a contribution to be made in more than one calendar year after the year in which this subsection comes into force shall be read as if the contribution is to be made only in the first of those calendar years.

• Marginal note:Attribution of certain contributions

  (4) For the purposes of subsection (1), a contribution to a person who presents themselves as seeking the endorsement of a particular registered party is to be treated as a contribution referred to in paragraph (1)(b) to a candidate of that party and a contribution to a person who presents themselves as seeking to be a candidate not endorsed by any registered party is to be treated as a contribution referred to in paragraph (1)(c).

• Marginal note:Exception — nomination contestant’s contributions to own campaign

  (5) Contributions that do not exceed $1,000 in total by a nomination contestant out of their own funds to their own campaign as a nomination contestant do not count towards the nomination contestant’s contributions for the purposes of paragraph (1)(b).

• Marginal note:Contributions — candidates and leadership contestants

  (6) Subject to subsection (7), no candidate in a particular election and no leadership contestant in a particular leadership contest shall make a contribution out of their own funds to their own campaign.

• Marginal note:Exception — certain contributions to own campaign

  (7) The following contributions are permitted:

  • (a) contributions that do not exceed $5,000 in total by a candidate for a particular election out of their own funds to their own campaign; and

  • (b) contributions that do not exceed $25,000 in total by a leadership contestant in a particular leadership contest out of their own funds to their own campaign.

  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:Contributions under subsection (1) not affected

  (8) Contributions made under subsection (7) do not have the effect of reducing the amounts that the candidate or leadership contestant, as the case may be, may contribute under subsection (1) to other candidates or to other leadership contestants, as the case may be.