Canada Elections Act

Marginal note:Reimbursement — final instalment

• 465 (1) On receipt of the documents referred to in subsection 451(1), or an update of them under subsection 455(1), 458(1) or 459(1), from a candidate named in a certificate referred to in subsection 464(1), the Chief Electoral Officer shall provide the Receiver General with a certificate that

  • (a) states that the Chief Electoral Officer is satisfied that the candidate and his or her official agent have complied with the requirements of subsection 447(2) and sections 451 to 462;

  • (b) states that the auditor’s report does not include a statement referred to in subsection 453(3);

  • (c) states that the candidate has incurred more than 30% of the election expenses limit provided for in section 440; and

  • (d) sets out the amount of the final instalment of the candidate’s election expenses and personal expenses reimbursement.

• Marginal note:Calculation of reimbursement

  (2) The amount referred to in paragraph (1)(d) is the lesser of

  • (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.

• Marginal note:Reduction of reimbursement

  (2.1) If a candidate’s election expenses, as set out in his or her electoral campaign return, exceed the maximum amount that is allowed under section 440, the amount that is provided for in subsection (2) is reduced as follows:

  • (a) by one dollar for every dollar that exceeds the maximum amount by less than 5%;

  • (b) by two dollars for every dollar that exceeds the maximum amount by 5% or more but by less than 10%;

  • (c) by three dollars for every dollar that exceeds the maximum amount by 10% or more but by less than 12.5%; and

  • (d) by four dollars for every dollar that exceeds the maximum amount by 12.5% or more.

• 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.

• Marginal note:Reimbursement

  (4) If the amount that is provided for in subsection (2) is a negative amount after being reduced under subsection (2.1), the candidate’s official agent shall without delay return to the Receiver General that amount — expressed as a positive number — up to the amount of the partial reimbursement received by the official agent under section 464.