Elections Modernization Act (S.C. 2018, c. 31)
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Assented to 2018-12-13
2000, c. 9Canada Elections Act (continued)
Marginal note:2014, c. 12, s. 86
286 Section 476.91 of the Act is replaced by the following:
Marginal note:Surplus of nomination campaign funds
476.91 (1) The surplus amount of nomination campaign funds that a nomination contestant receives for a nomination contest is the amount by which the sum of the following is more than the sum of the contestant’s nomination campaign expenses paid from the bank account referred to in subsection 476.65(1) and any transfers referred to in paragraph 364(5)(a):
(a) contributions accepted by the financial agent on behalf of the contestant;
(b) money received from the sale referred to in subsection (2); and
(c) any other amounts received by the contestant for their nomination campaign that are required to be deposited into the bank account referred to in subsection 476.65(1) and are not repayable.
Marginal note:Sale of capital assets
(2) Before the surplus amount of nomination campaign funds is disposed of in accordance with sections 476.92 and 476.93, a nomination contestant’s financial agent shall sell, at their fair market value, any capital assets whose acquisition constitutes a nomination campaign expense.
Marginal note:2014, c. 12, s. 86
287 Section 477 of the Act is replaced by the following:
Marginal note:Deeming
477 For the purposes of Division 1 of this Part and this Division, except sections 477.89 to 477.95, a candidate is deemed to have been a candidate from the time they accept a provision of goods or services under section 364, accept a transfer of funds under that section, accept a contribution, borrow money under section 373 or incur an electoral campaign expense within the meaning of subsection 375(1).
Marginal note:2014, c. 12, s. 86
288 Section 477.1 of the Act is replaced by the following:
Marginal note:Duty to appoint official agent
477.1 (1) A candidate shall appoint an official agent before accepting a provision of goods or services under section 364, accepting a transfer of funds under that section, accepting a contribution, borrowing money under section 373 or incurring an electoral campaign expense within the meaning of subsection 375(1).
Marginal note:Appointment of auditor
(2) A candidate shall appoint an auditor without delay if
(a) they accept contributions of $10,000 or more in total;
(b) they incur electoral campaign expenses of $10,000 or more in total; or
(c) they receive 10% or more of the valid votes cast in the electoral district in which they are a candidate.
Marginal note:2014, c. 12, s. 86
289 Subsection 477.46(3) of the Act is replaced by the following:
Marginal note:Deposits into account
(3) All of a candidate’s financial transactions in relation to the candidate’s electoral campaign that involve the receipt of money are to be deposited to the account unless the transaction involves the receipt of the candidate’s own funds and those funds are used to pay a litigation expense or a personal expense.
Marginal note:Payments from account
(3.1) All of a candidate’s financial transactions in relation to the candidate’s electoral campaign that involve the payment of money are to be paid from the account unless the transaction involves the payment out of the candidate’s own funds of a litigation expense or a personal expense.
Marginal note:2014, c. 12, s. 86
290 (1) Subsection 477.47(4) of the Act is replaced by the following:
Marginal note:Prohibition — paying electoral expenses
(4) No person or entity, other than a candidate’s official agent, shall pay the candidate’s electoral campaign expenses except for
(a) a litigation expense;
(b) travel and living expenses;
(c) a personal expense; or
(d) a petty expense referred to in section 381.
Marginal note:2014, c. 12, s. 86
(2) Subsection 477.47(6) of the Act is replaced by the following:
Marginal note:Election expenses incurred by candidate
(5.1) Despite subsection (5), a candidate shall, before incurring election expenses, obtain the written authorization of their official agent to incur those expenses, and shall incur them only in accordance with that authorization.
Marginal note:Prohibition — paying candidate’s personal expenses, etc.
(6) No person or entity, other than a candidate or their official agent, shall pay the candidate’s expenses referred to in any of paragraphs (4)(a) to (c).
Marginal note:2014, c. 12, s. 86
291 Section 477.48 of the Act and the heading before it are repealed.
Marginal note:2014, c. 12, s. 86
292 Subsection 477.49(2) of the Act is replaced by the following:
Marginal note:Maximum expenses: postponement of polling day
(2) If the Governor in Council orders the postponement of polling day under subsection 59(4) for an electoral district along with the corresponding extension of the election period, then the election expenses limit calculated under subsection (1) for a candidate in that electoral district is increased by adding to it the product of
(a) the election expenses limit calculated under subsection (1) divided by the number of days in the election period before it was extended, and
(b) the number of days by which the election period is extended.
293 The Act is amended by adding the following after section 477.55:
Marginal note:Prohibition — entering into contracts without authorization
477.551 No person authorized under paragraph 477.55(c) to enter into contracts shall enter into any contract in relation to an electoral campaign other than a contract that they are authorized in writing by the official agent to enter into under that paragraph.
Marginal note:2014, c. 12, s. 86
294 (1) Paragraph 477.59(1)(b) of the Act is replaced by the following:
(b) if the appointment of an auditor is required under subsection 477.1(2), the auditor’s report on the return under section 477.62;
Marginal note:2014, c. 12, s. 86
(2) Paragraph 477.59(2)(b) of the Act is replaced by the following:
(a.1) a statement of litigation expenses that includes an indication of which of those expenses were paid other than from the bank account referred to in subsection 477.46(1) and the source of the funds used to pay them;
(a.2) a statement of travel and living expenses that includes an indication of which of those expenses relate to travel and sojourns during the election period;
(a.3) a statement of accessibility expenses;
(a.4) a statement of personal expenses that includes
(i) an indication of which of those expenses are childcare expenses,
(ii) an indication of which of those expenses are expenses referred to in paragraphs 378(1)(c) and (d), and
(iii) an indication of which of those expenses were paid other than from the bank account referred to in subsection 477.46(1) and the source of the funds used to pay them;
(b) a statement of electoral campaign expenses, other than the expenses referred to in paragraphs (a) to (a.4), including a statement of electoral campaign expenses incurred for voter contact calling services as defined in section 348.01, provided by a calling service provider as defined in that section, that indicates the name of that provider and the amount of those expenses;
Marginal note:2014, c. 12, s. 86
(3) Subsection 477.59(3) of the Act is replaced by the following:
Marginal note:Supporting documents
(3) Together with the electoral campaign return, the official agent of a candidate shall provide the Chief Electoral Officer with documents evidencing expenses set out in the return, including bank statements, deposit slips, cancelled cheques and the candidate’s written statement referred to in subsection 477.64(1).
Marginal note:2014, c. 12, s. 86
295 (1) Paragraphs 477.64(1)(a) and (b) of the Act are replaced by the following:
(a) sets out the following:
(i) the amount of any travel and living expenses paid by the candidate and details of those expenses, and
(ii) the amount of any litigation expenses and personal expenses paid by the candidate, details of those expenses and an indication of which of them were paid other than from the bank account referred to in subsection 477.46(1) and the source of the funds used to pay them; or
(b) declares that the candidate did not pay for any travel and living expenses, litigation expenses or personal expenses.
(2) Section 477.64 of the Act is amended by adding the following after subsection (1):
Marginal note:Supporting documents
(1.1) Together with the statement referred to in paragraph (1)(a), the candidate shall send their official agent documents evidencing the payment of the expenses referred to in the statement.
(3) Section 477.64 of the Act is amended by adding the following after subsection (2):
Marginal note:Subsequent payments — litigation expenses
(3) If, after having sent their official agent the statement referred to in subsection (1), a candidate pays a litigation expense other than from the bank account referred to in subsection 477.46(1), the candidate shall, as soon as feasible after paying it,
(a) notify their official agent of the payment;
(b) inform their official agent of the amount of the expense, the details of the expense and the source of the funds used to pay it; and
(c) send their official agent documents evidencing payment of the expense.
296 The Act is amended by adding the following after section 477.71:
Marginal note:Prohibition — false or misleading declaration
477.711 No candidate shall send to their official agent a declaration referred to in paragraph 477.59(1)(d) that they know or ought reasonably to know is false or misleading.
Marginal note:2014, c. 12, s. 86
297 (1) Subsections 477.72(1) and (2) of the Act are replaced by the following:
Marginal note:Prohibition — false, misleading or incomplete document
477.72 (1) No official agent of a candidate shall provide the Chief Electoral Officer with a document referred to in subsection 477.59(1), (10), (11), (12) or (15) that
(a) the official agent knows or ought reasonably to know contains a material statement that is false or misleading; or
(b) in the case of a document referred to in paragraph 477.59(1)(a), does not substantially set out the information required under subsection 477.59(2) and, in the case of a document referred to in subsection 477.59(10), (11), (12) or (15), does not substantially set out the information required under that subsection.
Marginal note:Membership in House of Commons suspended — document not provided
(2) If the Chief Electoral Officer determines, with respect to an elected candidate, that a document that was required to be provided under subsection 477.59(1), (10), (11), (12) or (15) was not provided within the period for providing it or within any extension to that period authorized under subsection 477.66(1), then, until the document is provided, the candidate is not entitled to continue to sit or vote as a member of the House of Commons as of
(a) the expiry of the two-week period referred to in paragraph 477.68(2)(b), determined on the basis of whichever of its subparagraphs applies, if the candidate or their official agent does not apply to a judge for an order under paragraph 477.68(1)(b);
(b) if the candidate or their official agent applies to a judge for an order under paragraph 477.68(1)(b), and the application is rejected, the expiry of the day on which the application is finally disposed of so as to deny it; and
(c) if the candidate or their official agent applies to a judge for an order under paragraph 477.68(1)(b) and the order is granted, the expiry of the period extended by the order.
Marginal note:Membership in House of Commons suspended — unmade correction or revision
(2.1) If the Chief Electoral Officer determines, with respect to an elected candidate, that a correction or revision authorized to be made under subsection 477.67(1) was not made within 30 days after the day on which it was authorized, then, until the correction or revision is made, the candidate is not entitled to continue to sit or vote as a member of the House of Commons as of
(a) the expiry of the two-week period referred to in subsection 477.67(4), if the candidate or their official agent does not apply to the Chief Electoral Officer for an extension under that subsection;
(b) if the candidate or their official agent applies to the Chief Electoral Officer for an extension under subsection 477.67(4) and it is authorized, the expiry of two weeks after the expiry of the authorized extension, unless the candidate or their official agent applies to the Chief Electoral Officer for a further extension under subsection 477.67(5);
(c) if the candidate or their official agent applies to the Chief Electoral Officer for an extension under subsection 477.67(5) and it is authorized, the expiry of two weeks after the expiry of the authorized extension, unless the candidate or their official agent makes a further application to the Chief Electoral Officer for a extension under that subsection; and
(d) if the candidate or their official agent applies to the Chief Electoral Officer for an extension under subsection 477.67(4) or (5), and the application is rejected, the expiry of the day on which the application is rejected.
Marginal note:2014, c. 12, s. 86
(2) Paragraph 477.72(3)(a) of the English version of the Act is replaced by the following:
(a) the expiry of the two weeks referred to in paragraph 477.68(2)(a), if the candidate or their official agent does not apply to a judge for an order under paragraph 477.68(1)(a); or
Marginal note:2014, c. 12, s. 86
(3) Paragraph 477.72(3)(b) of the Act is replaced by the following:
(b) if the candidate or their official agent applies to a judge for an order under paragraph 477.68(1)(a), the expiry of the day on which the application is finally disposed of so as to deny it.
Marginal note:2014, c. 12, s. 86
(4) Subsection 477.72(4) of the Act is replaced by the following:
Marginal note:Speaker informed
(4) As soon as an elected candidate is not entitled to continue to sit or vote as a member of the House of Commons under any of subsections (2), (2.1) and (3), the Chief Electoral Officer shall so inform the Speaker of the House of Commons.
Marginal note:2014, c. 12, s. 86
298 The heading before section 477.73 of the Act is replaced by the following:
Reimbursement of Certain Expenses
Marginal note:2014, c. 12, s. 86
299 Subsections 477.73(2) and (3) of the Act are replaced by the following:
Marginal note:Payment of partial reimbursement
(2) 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 any candidate named in the certificate as partial reimbursement for the candidate’s election expenses, travel and living expenses that are related to travel and sojourns during the election period, accessibility expenses and personal expenses. The payment may be made to the person designated by the official agent.
Marginal note:Return of excess payment
(3) A candidate’s official agent shall without delay return to the Receiver General any amount received under subsection (2) that is more than the sum of
(a) 60% of the candidate’s paid election expenses, as set out in the their electoral campaign return,
(b) 60% of the candidate’s paid travel and living expenses that are related to travel and sojourns during the election period, as set out in their electoral campaign return,
(c) 60% of the candidate’s paid personal expenses, as set out in their electoral campaign return, other than childcare expenses or expenses referred to in paragraphs 378(1)(c) and (d),
(d) 90% of the candidate’s paid childcare expenses, as set out in their electoral campaign return,
(e) 90% of the candidate’s paid expenses referred to in paragraphs 378(1)(c) and (d), as set out in their electoral campaign return, and
(f) 90% — to a maximum of $5,000 — of the candidate’s paid accessibility expenses, as set out in their electoral campaign return.
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