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

Marginal note:Prohibition — circumventing limits

• 368 (1) No person or entity shall

  • (a) circumvent, or attempt to circumvent, the prohibition under subsection 363(1) or 367(6) or a limit set out in subsection 367(1) or (7) or section 371; or

  • (b) act in collusion with another person or entity for that purpose.

• Marginal note:Prohibition — concealing source of contribution

  (2) No person or entity shall

  • (a) conceal, or attempt to conceal, the identity of the source of a contribution governed by this Act; or

  • (b) act in collusion with another person or entity for that purpose.

• Marginal note:Prohibition — accepting excessive contributions

  (3) No person who is permitted to accept contributions under this Act shall accept a contribution that exceeds a limit under this Act.

• Marginal note:Prohibited agreements

  (4) No person or entity shall enter into an agreement for the provision for payment of goods or services, directly or indirectly, to a registered party or a candidate that includes a term that any individual will make a contribution, directly or indirectly, to a registered party, a registered association, a nomination contestant, a candidate or a leadership contestant.

368.1 [Repealed, 2014, c. 12, s. 86]

Marginal note:Prohibition — soliciting or accepting contribution

• 369 (1) No person or entity shall solicit or accept a contribution on behalf of a registered party, a registered association or a candidate if the person or entity makes a representation to the contributor or potential contributor that part or all of the contribution would be transferred to a person or entity other than the registered party or a candidate, a leadership contestant or an electoral district association.

• Marginal note:Prohibition — collusion

  (2) No person or entity shall act in collusion with another person or entity for the purpose of circumventing the prohibition under subsection (1).

Marginal note:Prohibition — making indirect contributions

• 370 (1) No individual shall make a contribution to a registered party, a registered association, a nomination contestant, a candidate or a leadership contestant that comes from money, property or the services of any person or entity that was provided to that individual for that purpose.

• Marginal note:Exception — candidates and leadership contestants

  (2) Despite subsection (1), a candidate or a leadership contestant may make a contribution under subsection 367(7) that comes from money provided by way of a loan to the candidate or leadership contestant made in writing by a financial institution as defined in section 2 of the Bank Act at a fair market rate of interest, as long as no security is given for the loan except property of the candidate or leadership contestant, as the case may be.

Marginal note:Limit on cash contributions

371 No individual shall, in respect of each contribution made under this Division, contribute cash in an amount that exceeds $20.

Marginal note:Return of contributions

372 If a registered party, a registered association, a nomination contestant, a candidate or a leadership contestant receives a contribution made in contravention of subsection 367(1) or (6) or 368(4) or section 370 or 371, 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 contravention, 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.

Loans, Guarantees and Suretyships

Marginal note:Ineligible lenders and guarantors

• 373 (1) Except as permitted under this section, no person or entity shall

  • (a) make a loan to a registered party or a registered association;

  • (b) make a loan to a nomination contestant, a candidate or a leadership contestant in relation to the contestant’s or candidate’s campaign; or

  • (c) guarantee a loan referred to in paragraph (a) or (b).

• Marginal note:Ineligible borrowers

  (2) Except if the loan is permitted under this section, no registered agent of a registered party and no financial agent of a registered association shall borrow money on behalf of the party or association, and no official agent of a candidate and no financial agent of a nomination contestant or of a leadership contestant shall borrow money for the purposes of the candidate’s or contestant’s campaign.

• Marginal note:Exception — financial institutions

  (3) A financial institution as defined in section 2 of the Bank Act may in writing make a loan referred to in subsection (1) at a fair market rate of interest.

• Marginal note:Exception — individuals

  (4) 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 may in writing make a loan referred to in subsection (1) or guarantee such a loan. However, the total of the following amounts shall not at any time exceed the individual’s relevant contribution limit set out in paragraphs 367(1)(a) to (d), subsection 367(5) and paragraphs 367(7)(a) and (b):

  • (a) the amounts of the individual’s contributions,

  • (b) the amounts of the individual’s loans made in the relevant contribution period, not including any amount that has been repaid in the calendar year in which the loan was made, and

  • (c) the amounts guaranteed by the individual in the relevant contribution period, not including any amount for which the individual has ceased to be liable in the calendar year in which the guarantee was given.

• Marginal note:Exception — certain loans

  (5) A loan may be made in writing

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

  • (b) by 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.

• Marginal note:Exception — certain guarantees and suretyships

  (6) A registered party or registered association may in writing guarantee a loan made in writing to a party, association or candidate to which it itself is permitted to make a loan under subsection (5).

Marginal note:Prohibition — making indirect loans

374 No individual shall make a loan to a registered party, a registered association, a nomination contestant, a candidate or a leadership contestant that is made possible by money, property or the services of any person or entity that was provided to that individual for that purpose.

Expenses

Marginal note:Nomination campaign expenses

• 374.1 (1) A nomination campaign expense of a nomination contestant is an expense reasonably incurred as an incidence of the nomination contest, including

  • (a) a nomination contest expense;

  • (b) a litigation expense;

  • (c) travel and living expenses;

  • (d) a personal expense; and

  • (e) any fees of an auditor appointed under subsection 476.77(1) that have not been reimbursed by the Receiver General.

• Marginal note:Exclusions — administrative monetary penalties, etc.

  (2) For greater certainty, none of the following is a nomination campaign expense:

  • (a) the amount of any administrative monetary penalty imposed under Part 19;

  • (b) any amount that is required to be paid under a compliance agreement entered into under Part 19 solely as a result of that compliance agreement; and

  • (c) any amount that is required to be paid under an undertaking provided under Part 19 solely as a result of that undertaking.

Marginal note:Nomination contest expenses

• 374.2 (1) A nomination contest expense is any of the following:

  • (a) any cost incurred, or non-monetary contribution received, by a nomination contestant, to the extent that the property or service that the cost was incurred for or that was received as a non-monetary contribution is used to directly promote or oppose a nomination contestant during a nomination contest; and

  • (b) any acceptance by a nomination contestant of a provision of goods or services that is permitted under paragraph 364(2)(c), to the extent that the goods or services are used to directly promote or oppose a nomination contestant during a nomination contest.

• Marginal note:Exclusion — fundraising

  (2) Expenses for a fundraising activity, other than expenses referred to in paragraphs (3)(a) and (b) that are related to that activity, are not nomination contest expenses under subsection (1).

• Marginal note:Inclusions

  (3) A nomination contest expense includes a cost incurred for, a non-monetary contribution in relation to, or a provision of goods and services in relation to,

  • (a) the production of advertising or promotional material;

  • (b) the distribution, broadcast or publication of such material in any media or by any other means during the nomination contest, including by the use of a capital asset;

  • (c) the payment of remuneration and expenses to or on behalf of a person for their services as a financial agent or in any other capacity;

  • (d) securing a meeting space or the supply of light refreshments at meetings;

  • (e) any product or service provided by a government, a Crown corporation or any other public agency; and

  • (f) the conduct of surveys or research during a nomination contest.

• Marginal note:Definition of cost incurred

  (4) In this section, cost incurred means an expense that is incurred by a nomination contestant, whether it is paid or unpaid.

Marginal note:Litigation expenses — nomination contestants

374.3 A litigation expense of a nomination contestant is an expense of the contestant related to an application to a judge made under this Part, including an expense related to any appeal or judicial review arising from the application.

Marginal note:Personal expenses — nomination contestants

• 374.4 (1) A nomination contestant’s personal expenses include

  • (a) childcare expenses;

  • (b) expenses relating to the provision of care for a person with a physical or mental incapacity for whom the contestant normally provides such care; and

  • (c) in the case of a contestant who has a disability, additional expenses that are related to the disability.

• Marginal note:Exclusions — travel and living expenses, etc.

  (2) Neither litigation expenses nor travel and living expenses are personal expenses of a nomination contestant.

Marginal note:Electoral campaign expenses

• 375 (1) An electoral campaign expense of a candidate is an expense reasonably incurred as an incidence of the election, including

  • (a) an election expense;

  • (a.1) a litigation expense;

  • (a.2) travel and living expenses;

  • (a.3) an accessibility expense;

  • (b) a personal expense; and

  • (c) any fees of an auditor appointed under subsection 477.1(2) that have not been reimbursed by the Receiver General.

• Marginal note:Exclusions — administrative monetary penalties, etc.

  (2) For greater certainty, none of the following is an electoral campaign expense:

  • (a) the amount of any administrative monetary penalty imposed under Part 19;

  • (b) any amount that is required to be paid under a compliance agreement entered into under Part 19 solely as a result of that compliance agreement; and

  • (c) any amount that is required to be paid under an undertaking provided under Part 19 solely as a result of that undertaking.

Marginal note:Election expenses

• 376 (1) An election expense is any of the following:

  • (a) any cost incurred, or non-monetary contribution received, by a registered party or a candidate, to the extent that the property or service that the cost was incurred for or that was received as a non-monetary contribution is used to directly promote or oppose a registered party, its leader or a candidate during an election period; and

  • (b) any acceptance by a registered party or a candidate of a provision of goods or services that is permitted under subsection 364(2), to the extent that the goods or services are used to directly promote or oppose a registered party, its leader or a candidate during an election period.

• Marginal note:Exclusions — certain fundraising and nominations

  (2) Expenses for a fundraising activity and expenses to directly promote the nomination of a person as a candidate or the selection of a person as leader of a registered party, other than expenses referred to in paragraphs (3)(a) and (b) that are related to such fundraising and promotional activities, are not election expenses under subsection (1).

• Marginal note:Inclusions

  (3) An election expense referred to in subsection (1) includes a cost incurred for, a non-monetary contribution in relation to, or a provision of goods and services in relation to,

  • (a) the production of advertising or promotional material;

  • (b) the distribution, broadcast or publication of such material in any media or by any other means during the election period, including by the use of a capital asset;

  • (c) the payment of remuneration and expenses to or on behalf of a person for their services as an official agent or registered agent or in any other capacity;

  • (d) securing a meeting space or the supply of light refreshments at meetings;

  • (e) any product or service provided by a government, a Crown corporation or any other public agency; and

  • (f) the conduct of election surveys or other surveys or research during an election period.

• Marginal note:Exclusion — accessibility expenses

  (3.1) An accessibility expense of a registered party or a candidate, as the case may be, is not an election expense of that party or candidate.

• Definition of cost incurred

  (4) In subsection (1), cost incurred means an expense that is incurred by a registered party or a candidate, whether it is paid or unpaid.