Canada Elections Act

Marginal note:Electoral campaign return of candidate

• 451 (1) The official agent of a candidate shall provide the Chief Electoral Officer with the following in respect of an election:

  • (a) an electoral campaign return, substantially in the prescribed form, on the financing and expenses for the candidate’s electoral campaign;

  • (b) the auditor’s report under section 453 on the return;

  • (c) all documents evidencing expenses set out in the return, including bank statements, deposit slips and cancelled cheques;

  • (d) a declaration, in the prescribed form, made by the official agent concerning the return; and

  • (e) a declaration in the prescribed form made by the candidate concerning the return.

• Marginal note:Contents of return

  (2) The electoral campaign return shall include the following in respect of the candidate:

  • (a) a statement of election expenses;

  • (b) a statement of electoral campaign expenses, other than election expenses;

  • (c) the candidate’s written statement concerning personal expenses mentioned in subsection 456(1);

  • (d) a statement of disputed claims that are the subject of proceedings under section 449;

  • (e) a statement of unpaid claims that are, or may be, the subject of an application under section 447 or 448;

  • (f) a statement of contributions received from any of the following classes of contributor: individuals, businesses, commercial organizations, governments, trade unions, corporations without share capital other than trade unions, and unincorporated organizations or associations other than trade unions;

  • (g) the number of contributors in each class listed in paragraph (f);

  • (h) subject to paragraph (h.1), the name and address of each contributor in a class listed in paragraph (f) who made contributions of a total amount of more than $200 to the candidate’s official agent either directly or through a registered party that endorses the candidate or through one of its trust funds, a trust fund established for the election of the candidate or an electoral district association, and that total amount;

  • (h.1) in the case of a numbered company that is a contributor referred to in paragraph (h), the name of the chief executive officer or president of that company;

  • (i) in the absence of information identifying a contributor referred to in paragraph (h) who contributed through a trust fund established for the election of the candidate or an electoral district association, the name and address of every contributor by class listed in paragraph (f) who made contributions of a total amount of more than $200 to that trust fund or electoral district association since the election before the one to which the return relates, as well as, where the contributor is a numbered company, the name of the chief executive officer or president of that company, as if those contributions had been contributions for the use of the candidate;

  • (j) a statement of transfers of funds by the candidate to an electoral district association of the registered party that endorses the candidate or to that registered party; and

  • (k) a statement of contributions received but returned to the contributor or otherwise dealt with in accordance with this Act.

• Marginal note:Loans

  (3) For the purpose of subsection (2), other than paragraph (2)(k), a contribution includes a loan.

• Marginal note:Period for providing documents

  (4) The documents referred to in subsection (1) must be provided to the Chief Electoral Officer within four months after

  • (a) the day set for polling day; or

  • (b) the publication of a notice of the withdrawal or deemed withdrawal of the writ for the election, in any other case.

• Marginal note:Declaration of candidate

  (5) A candidate shall, within four months after polling day, send to his or her official agent the declaration referred to in paragraph (1)(e).

• Marginal note:Death of candidate

  (6) If a candidate dies without having sent the declaration within the period referred to in subsection (5)

  • (a) he or she is deemed to have sent the declaration in accordance with that subsection;

  • (b) the official agent is deemed to have sent the declaration to the Chief Electoral Officer in accordance with subsection (1); and

  • (c) the Chief Electoral Officer is deemed to have received the declaration for the purposes of sections 464, 466 and 467.