Federal Elections Fees Tariff (SOR/2021-22)

Interpretation

Marginal note:Definitions

1 The following definitions apply in this Tariff.

Act

Act means the Canada Elections Act. (Loi)

actual and reasonable expenses

actual and reasonable expenses mean expenses that are paid by a person, that are specified on a receipt and that do not exceed a maximum amount, if there is one, for the expenses set out in the Travel Directive. (frais réels et raisonnables)

designated holiday

designated holiday means New Year’s Day, Good Friday, Easter Monday, Victoria Day, Canada Day, Labour Day, Thanksgiving, Remembrance Day, Christmas Day and Boxing Day. (jour férié désigné)

election administrator

election administrator means the following election officers as described in paragraphs 22(1)(a), (a.1), (b) and (c.1) of the Act: a field liaison officer, a returning officer, an assistant returning officer, an additional assistant returning officer and a person designated under subsection 28(3.1) of the Act to act in place of a returning officer. (administrateur électoral)

election worker

election worker means an election officer appointed under section 32 of the Act, a person appointed as staff under section 61 of the Act, an interpreter appointed under section 156 of the Act whose services are retained by a returning officer, a special ballot officer appointed under sections 183 or 184 of the Act, a witness appointed under section 294 of the Act, a person whose services are retained under subsection 304(6) of the Act to assist with a recount and a handler or a recorder appointed under section 3 of Schedule 4 to the Act. (travailleur électoral)

new electoral district

new electoral district means an electoral district established by the most recent representation order made under section 25 of the Electoral Boundaries Readjustment Act. (nouvelle circonscription)

transition period

transition period means the period that begins on the day on which the proclamation under subsection 25(1) of the Electoral Boundaries Readjustment Act is issued and that ends on the day before the day of the first dissolution of Parliament that occurs at least seven months after the day on which that proclamation was issued. (période de transition)

Travel Directive

Travel Directive means the Travel Directive of the National Joint Council and the Treasury Board of Canada Secretariat, as amended from time to time. (Directive sur les voyages)

travel time

travel time means time spent by a person in any mode of transportation, using the most direct route, while travelling to and returning from the place where a task is to be accomplished or where a training or other session on an electoral or related matter is being held, and includes time while awaiting immediate connections. (temps de déplacement)

week

week means the period of seven consecutive days beginning on and including Sunday. (semaine)

PART 1Fees Payable to Election Administrators

Returning Officers

Marginal note:Outside of election period

2 A returning officer is entitled to be paid, during the period beginning on the day that is three months after the end of an election period and ending on the day before the date of the issue of the writ, the monthly rate set out in item 1, column 2, of Table 1 of the schedule, for services performed and expenses incurred, including keeping current with communications, conducting a reconciliation of all time and financial account statements, appointing and training an assistant returning officer and storing election materials at their residence.

Marginal note:During election period

3 A returning officer is entitled to be paid, for services performed during an election period, if a poll is held, the base fee set out item 1, column 3, of Table 1 of the schedule.

Marginal note:After election period

4 A returning officer is entitled to be paid, for services performed during the three months after the end of an election period, the base fee set out in item 1, column 4, of Table 1 of the schedule.

Marginal note:Recount

5 In addition to the base fee referred to in section 4, a returning officer is entitled to be paid, for the preparation for and attendance at a recount, for each hour worked, at the hourly rate set out in item 1, column 5, of Table 1 of the schedule.

Marginal note:Assignment

6 A returning officer who, at the Chief Electoral Officer’s request, carries out an assignment other than the services set out in sections 2 to 5 or participates in a working group studying a particular aspect of the federal electoral process is entitled to be paid, for each hour worked for services performed in connection with that assignment or that participation and for each hour of travel time, at the hourly rate set out in item 1, column 5, of Table 1 of the schedule.

Marginal note:Payment during transition period

• 7 (1) A returning officer is entitled to be paid the monthly rate set out in item 1, column 2, of Table 1 of the schedule for each month of the transition period in which the returning officer

  • (a) is in office; or

  • (b) has been appointed as the returning officer for a new electoral district.

• Marginal note:Clarification — new electoral district

  (2) For greater certainty, a returning officer who, during the transition period, is in office and has been appointed as the returning officer for a new electoral district is not to be paid the monthly rate set out in item 1, column 2, of Table 1 of the schedule more than once for any given month.

Assistant Returning Officers

Marginal note:During election period

8 An assistant returning officer is entitled to be paid, for services performed during an election period, if a poll is held, the base fee set out in item 2, column 3, of Table 1 of the schedule.

Marginal note:After election period

9 An assistant returning officer is entitled to be paid, for services performed during the month after the end of an election period, the base fee set out in item 2, column 4, of Table 1 of the schedule.

Marginal note:Recount

10 In addition to the base fee referred to in section 9, an assistant returning officer is entitled to be paid for the preparation for and attendance at a recount, for each hour worked, as certified by the returning officer, at the hourly rate set out in item 2, column 5, of Table 1 of the schedule.

Marginal note:Assignment

11 An assistant returning officer who, at the Chief Electoral Officer’s request, carries out an assignment other than the services set out in sections 8 to 10 or participates in a working group studying a particular aspect of the federal electoral process is entitled to be paid, for each hour worked for services performed in connection with that assignment or that participation and for each hour of travel time, as certified by the returning officer, at the hourly rate set out in item 2, column 5, of Table 1 of the schedule.

Additional Assistant Returning Officers

Marginal note:During election period — full time

• 12 (1) An additional assistant returning officer appointed on a full-time basis is entitled to be paid, for services performed during an election period, if a poll is held, the base fee set out in item 3, column 3, of Table 1 of the schedule.

• Marginal note:During election period — part time

  (2) An additional assistant returning officer appointed on a part-time basis is entitled to be paid, for services performed during an election period, for each hour worked, as authorized by the Chief Electoral Officer and certified by the returning officer, at the hourly rate set out in item 3, column 5, of Table 1 of the schedule.

Marginal note:After election period

13 An additional assistant returning officer appointed on a full-time basis is entitled to be paid, for services performed during the month after the end of an election period, the base fee set out in item 3, column 4, of Table 1 of the schedule.

Marginal note:Assignment

14 An additional assistant returning officer who, at the Chief Electoral Officer’s request, carries out an assignment other than the services set out in sections 12 and 13 or participates in a working group studying a particular aspect of the federal electoral process is entitled to be paid, for each hour worked, for services performed in connection with that assignment or that participation and for each hour of travel time, as certified by the returning officer, at the hourly rate set out in item 3, column 5, of Table 1 of the schedule.

Field Liaison Officers

Marginal note:Outside of election period

15 A field liaison officer is entitled to be paid, for services performed during the period beginning on the day that is three months after the end of the election period of a general election and ending on the day before the date of the issue of the writ for a general election, at the monthly rate set out in item 4, column 2, of Table 1 of the schedule.

Marginal note:During election period of general election

16 A field liaison officer is entitled to be paid, for services performed during the election period of a general election, if a poll is held in at least one electoral district in their region, the base fee set out in item 4, column 3, of Table 1 of the schedule.

Marginal note:After election period of general election

17 A field liaison officer is entitled to be paid, for services performed during the three months after the end of the election period of a general election, the base fee set out in item 4, column 4, of Table 1 of the schedule.

Marginal note:During election period of by-election

18 A field liaison officer is entitled to be paid for each hour worked and for each hour of travel time during the election period of a by-election, at the hourly rate set out in item 4, column 5, of Table 1 of the schedule.

Marginal note:Recount

19 In addition to the fees referred to in sections 17, if applicable, a field liaison officer is entitled to be paid, for each hour worked and for each hour of travel time for attending a recount at the Chief Electoral Officer’s request, at the hourly rate set out in item 4, column 5, of Table 1 of the schedule.

Marginal note:Assignment

20 A field liaison officer who, at the Chief Electoral Officer’s request, carries out an assignment other than the services set out in sections 15 to 19 or participates in a working group studying a particular aspect of the federal electoral process is entitled to be paid, for each hour worked for services performed in connection with that assignment or that participation and for each hour of travel time, at the hourly rate set out in item 4, column 5, of Table 1 of the schedule.

Other Payments

Marginal note:Adjusted payment

21 If an election administrator works for only part of the period for which they are entitled to the monthly rate or base fee set out in column 2, 3 or 4 of Table 1 of the schedule, they are to be paid only for those days worked and the monthly rate or base fee is prorated accordingly.

Marginal note:Exception — payment when poll not held

22 Despite section 21, if a poll is not held, a returning officer, an assistant returning officer and an additional assistant returning officer appointed on a full-time basis are entitled to be paid, for services performed during the election period,

• (a) if the poll is not held because of a return by acclamation or if the writ is withdrawn on or before the close of nominations, a fee of 33% of the amount payable under column 3 of Table 1 of the schedule that corresponds to the position set out in column 1 of that Table to which they have been appointed; or

• (b) if the poll is not held because of the withdrawal of the writ after the close of nominations, a fee of 33% of the amount payable under column 3 of Table 1 of the schedule that corresponds to the position set out in column 1 of that Table to which they have been appointed and, for each day after the close of nominations, a fee of 3% per day of the amount set out in column 3 of Table 1 of the schedule that corresponds to the position set out in column 1 of that Table to which they have been appointed.

Marginal note:Training and other sessions

23 An election administrator who attends a training session or other session on electoral or related matters is entitled to be paid, for each hour of attendance at the session and for each hour of travel time, at the hourly rate set out in column 5 of Table 1 of the schedule that corresponds to the position set out in column 1 of that Table to which they have been appointed.

PART 2Rates Payable to Election Workers

Election Officers

Marginal note:Election officer

• 24 (1) A person appointed by a returning officer as an election officer under section 32 of the Act is entitled to be paid, for each hour worked, as certified by the returning officer, at the hourly rate set out in column 2 of Table 2 of the schedule that corresponds to the level of the position set out in column 1 of that Table to which they have been appointed.

• Marginal note:Standby election officer

  (2) A person appointed as a standby election officer is entitled to be paid for three hours at the hourly rate set out in column 2 of Table 2 of the schedule that corresponds to the level of the position set out in column 1 of that Table for which they are on standby, unless

  • (a) they are called in to work before the end of the three hours and are not available to actually come in to work, in which case they will not be paid for the standby hours;

  • (b) they are called in to work before the end of the three hours, at which point they cease to be on standby and will be paid at the hourly rate that corresponds to the level of the position to which they have been appointed; or

  • (c) at the request of a returning officer, they remain on standby for more than three hours, in which case they will be paid for each hour on standby, as certified by the returning officer, at the hourly rate that corresponds to the level of the position for which they are on standby.

Staff

Marginal note:Staff

25 A person appointed by a returning officer as staff under section 61 of the Act is entitled to be paid, for each hour worked, as certified by the returning officer, at the hourly rate set out in column 2 of Table 2 of the schedule that corresponds to the level of the position set out in column 1 of that Table to which they have been appointed.

Other Election Workers

Marginal note:Interpreters

26 A person whose services are retained by a returning officer to act as a language or sign language interpreter and who is appointed for that purpose by an election officer under section 156 of the Act is entitled to be paid, for each hour worked, as certified by the returning officer, at the hourly rate set out in item 2, column 2, of Table 2 of the schedule.

Marginal note:Special ballot officers

27 A person appointed by the Chief Electoral Officer to be a special ballot officer under sections 183 or 184 of the Act is entitled to be paid, for each hour worked, at the hourly rate set out in item 2, column 2, of Table 2 of the schedule.

Marginal note:Witnesses

28 An elector acting as a witness at the validation of the results in accordance with section 294 of the Act is entitled to be paid, for each hour worked, as certified by the returning officer, at the hourly rate set out in item 1, column 2, of Table 2 of the schedule.

Marginal note:Recount support staff

29 A person whose services are retained under subsection 304(6) of the Act to assist with a recount is entitled to be paid for their attendance and services, for each hour worked, as certified by the returning officer, at the hourly rate set out in item 4, column 2, of Table 2 of the schedule.

Marginal note:Handlers and recorders

30 A person appointed as a handler or a recorder under section 3 of Schedule 4 to the Act is entitled to be paid for their attendance and services during a recount, for each hour worked, as certified by the returning officer, at the hourly rate set out in item 4, column 2, of Table 2 of the schedule.

Other Payments

Marginal note:Travel time

• 31 (1) An election worker who is required to travel while exercising their duties is entitled to be paid for each hour of travel time, as certified by the returning officer, at the hourly rate set out in column 2 of Table 2 of the schedule that corresponds to the level of the position set out in column 1 of that Table to which they have been appointed.

• Marginal note:Exception

  (2) An election worker is not entitled to be paid for travel time for travelling between their home and the location where they are expected to report for work, as identified by the returning officer in accordance with the instructions of the Chief Electoral Officer.

Marginal note:Overtime pay

• 32 (1) An election worker – other than a person appointed by a returning officer under section 61 of the Act – who is required to work more than eight hours in one day is entitled to be paid at a rate of one and one-half times their regular hourly rate for each hour worked in excess of eight hours in one day.

• Marginal note:Overtime pay — staff

  (2) A person appointed by a returning officer under section 61 of the Act who is required to work more than 40 hours in one week in one position is entitled to be paid at a rate of one and one-half times their regular hourly rate for each hour worked in excess of 40 hours in one week in that position.

Marginal note:Extra pay on designated holiday

33 Despite section 32, an election worker who is required to work on a designated holiday is entitled to be paid at a rate of one and one-half times their regular hourly rate for each hour worked on the designated holiday.

Marginal note:Training and other sessions

34 An election worker or a person seeking an appointment to an election worker position who attends a training session or other session on electoral or related matters is entitled to be paid, for each hour of attendance at the session, at the hourly rate set out in column 2 of Table 2 of the schedule that corresponds to the level of the position set out in column 1 of that Table for which they are being trained or to which they have been appointed.

PART 3Other Allowances and Expenses Payable

Travel and Living Expenses

Marginal note:Travel and living expenses

• 35 (1) Subject to subsections (3) and (4), an election administrator and an election worker are entitled to be paid for the following travel and living expenses incurred while exercising their duties and, in the case of an election administrator, to attend training sessions and other sessions on electoral or related matters:

  • (a) in the case of travel by means of a private motor vehicle, the allowances established by the Travel Directive;

  • (b) in the case of travel by means other than a private motor vehicle, a reimbursement of the actual and reasonable expenses that were incurred, as supported by receipts and proof of travel;

  • (c) for overnight accommodations, a reimbursement of the actual and reasonable expenses that were incurred, as supported by receipts and proof of stay; and

  • (d) for meals, the allowances established by the Travel Directive.

• Marginal note:Most appropriate mode of transportation

  (2) When required to travel, an election administrator or an election worker must select the most appropriate mode of transportation based on cost, duration, convenience, safety and practicality and any instructions of the Chief Electoral Officer.

• Marginal note:Exception

  (3) An election administrator and an election worker are not entitled to be paid for travel and living expenses for travelling between their home and the location where they are expected to report for work, as identified by the returning officer in accordance with the instructions of the Chief Electoral Officer.

• Marginal note:Excess mileage — training

  (4) An election officer or a person undergoing training for an election officer position who is required to travel more than 32 km, return trip, from their home to attend a training session is entitled to be paid, for any travel in excess of 32 km, an allowance equal to the applicable kilometric rate established in Appendix B of the Travel Directive.

Marginal note:Travel Directive

• 36 (1) The allowances for travel and living expenses referred to in section 35 are based on the rates and allowances set out in the Travel Directive that are in effect

  • (a) if the travel or living expenses are incurred during an election period, on the day on which the writ for the election is issued for an electoral district; and

  • (b) in all other cases, on the day on which the travel or living expenses are incurred.

• Marginal note:Limit

  (2) The Travel Directive only applies to the extent that it is mentioned in this Tariff.

Other Allowances

Marginal note:Storing of election materials

37 An additional assistant returning officer is entitled to be paid, for the storing of election materials at their own residence before the writ for an election is issued and for expenses in connection with that storage, the allowance set out in item 1, column 2, of Table 3 of the schedule.

Marginal note:Use of personal telephone

38 An election worker who is authorized in writing by the returning officer, in accordance with the instructions of the Chief Electoral Officer, to use their personal telephone for electoral purposes is entitled to be paid the allowance set out in item 2, column 2, of Table 3 of the schedule.

Marginal note:Use of modem and Internet connection

39 A returning officer and a field liaison officer are entitled to be paid the allowance set out in item 3, column 2, of Table 3 of the schedule for the use of their personal modem and Internet connection in carrying out their duties.

PART 4General Provisions

Annual Inflation Adjustment

Marginal note:Annual inflation adjustment

• 40 (1) Subject to subsections (3) and (4), the amounts set out in Tables 1 and 2 of the schedule are adjusted and apply as follows:

  • (a) for 2021, on the day on which this Tariff comes into force, by multiplying each amount by the annual inflation adjustment factor set out in subsection (2) and the resulting amounts, rounded to the nearest cent, apply during the calendar year beginning on that date and ending on January 30, 2022; and

  • (b) beginning in 2022, annually, on January 31, by multiplying each amount by the annual inflation adjustment factor set out in subsection (2) and the resulting amounts, rounded to the nearest cent, apply during the calendar year beginning on that date and ending on January 30 of the following year.

• Marginal note:Calculation of annual inflation adjustment factor

  (2) The annual inflation adjustment factor is determined by the formula

  A/B

  where

  A

  is the annual average Consumer Price Index, as published by Statistics Canada under the authority of the Statistics Act, for the calendar year preceding the adjustment date, calculated on the basis of 2002 being equal to 100; and

  B

  is 136.0, which is the annual average Consumer Price Index, as published by Statistics Canada under the authority of the Statistics Act, for 2019, calculated on the basis of 2002 being equal to 100.

• Marginal note:Maximum adjustment

  (3) The maximum adjustment that may be effected by the application of the annual inflation adjustment factor in any given calendar year is three percent.

• Marginal note:No adjustment

  (4) If, in any given calendar year, the annual inflation adjustment factor is below zero, no adjustment will be effected in that year.

Hourly Rate

Marginal note:Minimum hourly rate

• 41 (1) If an hourly rate set out in column 2 of Table 2 of the schedule is lower than the highest minimum hourly rate that applies in a province, other than a territory, the highest provincial hourly rate applies.

• Marginal note:Applicable rate

  (2) For the purposes of subsection (1), only provincial minimum hourly rates that are generally applicable regardless of occupation, status or work experience are to be considered.

• Marginal note:Adjustment of hourly rates

  (3) If an hourly rate set out in column 2 of Table 2 of the schedule must be adjusted under subsection (1), all the other hourly rates set out in that Table must be adjusted proportionately to ensure that relativity is maintained between the hourly rates of that Table.

• Marginal note:Change to hourly rate during election period

  (4) Despite subsection (1), any change to the hourly rate that occurs during an election period will not come into effect for that election period.

Accountable Advances

Marginal note:Office and incidental expenses

42 The Chief Electoral Officer may make accountable advances to returning officers and to additional assistant returning officers to defray office and other incidental expenses in an amount that does not exceed $2,000 per advance and per officer.

Repeal

43 The Federal Elections Fees TariffFootnote ¹ is repealed.

• Return to footnote ¹SOR/2004-53

Coming into Force

Marginal note:March 1, 2021

• 44 (1) This Tariff comes into force on March 1, 2021, but if it is registered after that day, it comes into force on the day on which it is registered.

• Marginal note:Election period

  (2) If the day on which this Tariff comes into force in subsection (1) falls during an election period, the Tariff comes into force 30 days after the day on which the election period ends.