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

Act current to 2017-07-03 and last amended on 2016-01-01. Previous Versions

Expense Limit for Notices of Nomination Meetings

Marginal note:Limit
  •  (1) The amount that may be spent on providing notice of meetings that are to be held during an election period for the principal purpose of nominating a candidate for an election in an electoral district shall not be more than 1% of the maximum election expenses

    • (a) that were allowed for a candidate in that electoral district during the immediately preceding general election, if the boundaries for the electoral district have not changed since then; or

    • (b) that the Chief Electoral Officer determines, in any other case.

  • Marginal note:Prohibition on official agents, candidates and authorized persons

    (2) No candidate, official agent of a candidate or person who is authorized under paragraph 477.55(c) to enter into contracts shall incur or cause to be incurred total expenses on account of notices referred to in subsection (1) in an amount that is more than the amount determined under that subsection.

  • 2014, c. 12, s. 86.

Election Expenses Limit

Marginal note:Maximum election expenses allowed
  •  (1) The election expenses limit that is allowed for a candidate’s election expenses in an electoral district is the product of the base amount for an electoral district determined under section 477.5 and the inflation adjustment factor referred to in section 384 on the day on which the writ is issued.

  • Marginal note:Election period longer than 37 days

    (2) If an election period is longer than 37 days, then the election expenses limit calculated under subsection (1) is increased by adding to it the product of

    • (a) one thirty-seventh of the election expenses limit calculated under subsection (1), and

    • (b) the number of days in the election period minus 37.

  • 2014, c. 12, s. 86.
Marginal note:Base amount of candidate’s election expenses
  •  (1) The base amount of a candidate’s election expenses in an electoral district is the higher of

    • (a) the amount calculated, on the basis of the preliminary lists of electors for the electoral district, in accordance with subsections (3) to (6), and

    • (b) the amount calculated, on the basis of the revised lists of electors for the electoral district, in accordance with subsections (7) to (10).

  • Marginal note:Death of candidate of registered party

    (2) If a candidate for an electoral district whose nomination was endorsed by a registered party dies within the period beginning at 2:00 p.m. on the fifth day before the closing day for nominations and ending on polling day, the base amount for that electoral district is increased by 50%.

  • Marginal note:Calculation using preliminary lists of electors

    (3) The amount referred to in paragraph (1)(a) is the aggregate of the following amounts, based on the number of the electors on the preliminary lists of electors:

    • (a) $2.1735 for each of the first 15,000 electors,

    • (b) $1.092 for each of the next 10,000 electors, and

    • (c) $0.546 for each of the remaining electors.

  • Marginal note:Fewer electors than average — general election

    (4) If the number of electors on the preliminary lists of electors for the electoral district is less than the average number of electors on all preliminary lists of electors in a general election, then, in making a calculation under subsection (3), the number of electors is deemed to be halfway between the number on the preliminary lists of electors for the electoral district and that average number.

  • Marginal note:Fewer electors than average — by-election

    (5) In the case of a by-election, if the number of electors on the preliminary lists of electors for the electoral district is less than the average number of electors on all revised lists of electors in the immediately preceding general election, then, in making a calculation under subsection (3), the number of electors is deemed to be halfway between the number on the preliminary lists of electors for the electoral district and that average number.

  • Marginal note:Districts with lower population density

    (6) If the number of electors per square kilometre, calculated on the basis of the preliminary lists of electors for the electoral district, is less than 10, the amount calculated under subsection (3) is increased by the lesser of $0.31 per square kilometre and 25% of the amount calculated under subsection (3).

  • Marginal note:Calculation using revised list of electors

    (7) The amount referred to in paragraph (1)(b) is the aggregate of the following amounts, based on the number of the electors on the revised lists of electors:

    • (a) $2.1735 for each of the first 15,000 electors,

    • (b) $1.092 for each of the next 10,000 electors, and

    • (c) $0.546 for each of the remaining electors.

  • Marginal note:Fewer electors than average — general election

    (8) If the number of electors on the revised lists of electors for the electoral district is less than the average number of electors on all revised lists of electors in a general election, then, in making a calculation under subsection (7), the number of electors is deemed to be halfway between the number on the revised lists of electors for the electoral district and that average number.

  • Marginal note:Fewer electors than average — by-election

    (9) In the case of a by-election, if the number of electors on the revised lists of electors for the electoral district is less than the average number of electors on all revised lists of electors in the immediately preceding general election, then, in making a calculation under subsection (7), the number of electors is deemed to be halfway between the number on the revised lists of electors for the electoral district and that average number.

  • Marginal note:Districts with lower population density

    (10) If the number of electors per square kilometre, calculated on the basis of the revised lists of electors for the electoral district, is less than 10, the amount calculated under subsection (7) is increased by the lesser of $0.31 per square kilometre and 25% of the amount calculated under subsection (7).

  • 2014, c. 12, s. 86.
Marginal note:Estimated expenses
  •  (1) On November 15 in each year, the Chief Electoral Officer shall calculate the election expenses limit referred to in section 477.49 for each electoral district, based on the lists of electors in the Register of Electors, as if an election were to be held on that date.

  • Marginal note:Availability of estimates

    (2) The election expenses limit for an electoral district shall be sent

    • (a) to any person on request; and

    • (b) to the member of the House of Commons who represents the electoral district and each registered party that endorsed a candidate in the electoral district in the last election.

  • Marginal note:Maximum amount not guaranteed

    (3) The election expenses limit calculated under subsection (1) is an estimate and, as such, may be increased or decreased for an electoral district in the subsequent election period.

  • Marginal note:Exception

    (4) This section does not apply if November 15 falls during an election period or if the vote at a general election was held during the six months before that date.

  • 2014, c. 12, s. 86.
Marginal note:Prohibition — expenses more than maximum
  •  (1) No candidate, official agent of a candidate or person who is authorized under paragraph 477.55(c) to enter into contracts shall incur total election expenses in an amount that is more than the election expenses limit calculated under section 477.49.

  • Marginal note:Prohibition — collusion

    (2) No candidate, official agent of a candidate, person who is authorized under paragraph 477.55(c) to enter into contracts or third party, as defined in section 349, shall act in collusion with each other for the purpose of circumventing the election expenses limit calculated under section 477.49.

  • 2014, c. 12, s. 86.

Recovery of Claims for Debts

Marginal note:Claim for payment

 A person who has a claim to be paid for an electoral campaign expense shall send the invoice or other document evidencing the claim to the candidate’s official agent or, if there is no official agent, to the candidate.

  • 2014, c. 12, s. 86.
Marginal note:Payment within three years
  •  (1) If a claim for an electoral campaign expense is evidenced by an invoice or other document that has been sent under section 477.53, or if a claim for repayment of a loan is made to the candidate under section 373, the claim shall be paid within three years after polling day.

  • Marginal note:Prohibition — payment without authorization

    (2) No candidate and no official agent of a candidate shall pay a claim referred to in subsection (1) after the end of the three-year period referred to in that subsection unless authorized to do so under section 477.56 or 477.57, or ordered to do so as a result of proceedings commenced under section 477.58.

  • 2014, c. 12, s. 86.
 
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