Elections Modernization Act (S.C. 2018, c. 31)
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Assented to 2018-12-13
2000, c. 9Canada Elections Act (continued)
239 (1) Section 364 of the Act is amended by adding the following after subsection (1):
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:2014, c. 12, s. 86
(2) Section 364 of the Act is amended by adding the following after subsection (8):
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:2014, c. 12, s. 86
240 Subsection 367(7) of the Act is amended by adding the following after paragraph (b):
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:2014, c. 12, s. 86
241 Subsection 368(3) of the Act is replaced by the following:
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:2014, c. 12, s. 86
242 Section 372 of the Act is replaced by the following:
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.
243 The Act is amended by adding the following before section 375:
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.
244 (1) Section 375 of the Act is amended by adding the following after paragraph (a):
(a.1) a litigation expense;
(a.2) travel and living expenses;
(a.3) an accessibility expense;
Marginal note:2014, c. 12, s. 86
(2) Paragraph 375(c) of the Act is replaced by the following:
(c) any fees of an auditor appointed under subsection 477.1(2) that have not been reimbursed by the Receiver General.
(3) Section 375 of the Act is renumbered as subsection 375(1) and is amended by adding the following:
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.
245 Section 376 of the Act is amended by adding the following after subsection (3):
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.
246 The Act is amended by adding the following after section 376:
Marginal note:Partisan advertising expenses
376.1 A partisan advertising expense of a registered party or an electoral district association of a registered party, as the case may be, includes any of the following:
(a) any non-monetary contribution received by the party or association, to the extent that the property or service that was received as a non-monetary contribution is used in relation to the production of a partisan advertising message or the transmission of a partisan advertising message to the public; and
(b) any acceptance by the party or association of a provision of goods or services that is permitted under subsection 364(2), to the extent that the goods or services are used in relation to the production of a partisan advertising message or the transmission of a partisan advertising message to the public.
247 Section 377 of the Act is renumbered as subsection 377(1) and is amended by adding the following:
Marginal note:Calculation
(2) For the purpose of subsection (1), in calculating what a ticket bearer is entitled to obtain, to be included in the calculation is
(a) the cost of any goods or services received by the ticket bearer personally, such as meals and promotional products; and
(b) their share of any general expenses incurred by the registered party, registered association, nomination contestant, candidate or leadership contestant, as the case may be, in holding the activity, such as expenses incurred for the rental of a meeting space or for any audiovisual equipment used.
248 The Act is amended by adding the following after section 377:
Marginal note:Litigation expenses — candidates
377.1 A litigation expense of a candidate is an expense of the candidate related to any of the following requests or applications, including an expense related to any appeal or judicial review arising from the request or the application:
(a) a request or an application made under Part 14;
(b) an application to a judge made under this Part; and
(c) an application to contest the election in the candidate’s electoral district.
Marginal note:Accessibility expenses
377.2 (1) An accessibility expense of a registered party or a candidate, as the case may be, is any of the following:
(a) the amount of any cost incurred, or non-monetary contribution received, by the party or 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 solely to make accessible, to persons with a disability, materials used or activities held during an election period;
(b) the difference between the amounts referred to in subparagraphs (i) and (ii), to the extent that the amount referred to in subparagraph (i) is greater than the amount referred to in subparagraph (ii):
(i) the amount of any cost incurred, or non-monetary contribution received, by the party or 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 for materials used or activities held during an election period and those materials or activities are accessible to persons with a disability, and
(ii) the amount equal to the value of the property or service if the materials or activities had not been accessible to persons with a disability;
(c) the amount equal to the value of goods or services referred to in subsection 364(2) that are accepted by the party or candidate, to the extent that the goods or services are used solely to make accessible, to persons with a disability, materials used or activities held during an election period; and
(d) the difference between the amounts referred to in subparagraphs (i) and (ii), to the extent that the amount referred to in subparagraph (i) is greater than the amount referred to in subparagraph (ii):
(i) the amount equal to the value of goods or services referred to in subsection 364(2) that are accepted by the party or candidate, to the extent that the goods or services are used for materials used or activities held during an election period and those materials or activities are accessible to persons with a disability, and
(ii) the amount equal to the value of the goods or services if the materials or activities had not been accessible to persons with a disability.
Marginal note:Exclusion — fundraising, etc.
(2) An amount referred to in subsection (1) that is related to a fundraising activity, to the nomination of a person as a candidate or to the selection of a person as leader of a registered party is not an accessibility expense.
Marginal note:Definition of cost incurred
(3) In subsection (1), cost incurred means an expense that is incurred by a registered party or a candidate, whether it is paid or unpaid.
Marginal note:2014, c. 12, s. 86
249 (1) Paragraph 378(1)(a) of the Act is repealed.
Marginal note:2014, c. 12, s. 86
(2) Subsection 378(2) of the Act is replaced by the following:
Marginal note:Exclusions — travel and living expenses, etc.
(2) Neither litigation expenses nor travel and living expenses are personal expenses of a candidate.
250 The Act is amended by adding the following after section 378:
Marginal note:Categories of certain expenses and maximums
378.1 The Chief Electoral Officer may establish, in respect of candidates, categories of personal expenses and of travel and living expenses and may fix maximum amounts of expenses that may be incurred in each category.
251 The Act is amended by adding the following after section 379:
Marginal note:Leadership campaign expenses
379.1 (1) A leadership campaign expense of a leadership contestant is an expense reasonably incurred as an incidence of the leadership contest, including
(a) a leadership contest expense;
(b) a litigation expense;
(c) travel and living expenses;
(d) a personal expense; and
(e) any fees of an auditor appointed under Division 6 of Part 18 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 leadership 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:Leadership contest expenses
379.2 (1) A leadership contest expense is any of the following:
(a) any cost incurred, or non-monetary contribution received, by a leadership 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 leadership contestant during a leadership contest; and
(b) any acceptance by a leadership 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 leadership contestant during a leadership 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 leadership contest expenses under subsection (1).
Marginal note:Inclusions
(3) A leadership 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 leadership 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 leadership contest.
Marginal note:Definition of cost incurred
(4) In this section, cost incurred means an expense that is incurred by a leadership contestant, whether it is paid or unpaid.
Marginal note:Litigation expenses — leadership contestants
379.3 A litigation expense of a leadership 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 — leadership contestants
379.4 (1) A leadership 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 leadership contestant.
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