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

Full Document:  

Act current to 2021-06-03 and last amended on 2019-06-13. Previous Versions

PART 18Financial Administration (continued)

DIVISION 1General Financial Provisions (continued)

Contributions (continued)

Marginal note:Return of contributions

 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.

Loans, Guarantees and Suretyships

Marginal note:Ineligible lenders and guarantors

  •  (1) Except as permitted under this section, no person or entity shall

    • (a) make a loan to a registered party or a registered association;

    • (b) make a loan to a nomination contestant, a candidate or a leadership contestant in relation to the contestant’s or candidate’s campaign; or

    • (c) guarantee a loan referred to in paragraph (a) or (b).

  • Marginal note:Ineligible borrowers

    (2) Except if the loan is permitted under this section, no registered agent of a registered party and no financial agent of a registered association shall borrow money on behalf of the party or association, and no official agent of a candidate and no financial agent of a nomination contestant or of a leadership contestant shall borrow money for the purposes of the candidate’s or contestant’s campaign.

  • Marginal note:Exception — financial institutions

    (3) A financial institution as defined in section 2 of the Bank Act may in writing make a loan referred to in subsection (1) at a fair market rate of interest.

  • Marginal note:Exception — individuals

    (4) An individual who is a Canadian citizen or is a permanent resident as defined in subsection 2(1) of the Immigration and Refugee Protection Act may in writing make a loan referred to in subsection (1) or guarantee such a loan. However, the total of the following amounts shall not at any time exceed the individual’s relevant contribution limit set out in paragraphs 367(1)(a) to (d), subsection 367(5) and paragraphs 367(7)(a) and (b):

    • (a) the amounts of the individual’s contributions,

    • (b) the amounts of the individual’s loans made in the relevant contribution period, not including any amount that has been repaid in the calendar year in which the loan was made, and

    • (c) the amounts guaranteed by the individual in the relevant contribution period, not including any amount for which the individual has ceased to be liable in the calendar year in which the guarantee was given.

  • Marginal note:Exception — certain loans

    (5) A loan may be made in writing

    • (a) by a registered party to a registered association of the party or a candidate endorsed by the party; or

    • (b) by a registered association to the registered party with which it is affiliated, another registered association of the party or a candidate endorsed by the party.

  • Marginal note:Exception — certain guarantees and suretyships

    (6) A registered party or registered association may in writing guarantee a loan made in writing to a party, association or candidate to which it itself is permitted to make a loan under subsection (5).

  • 2000, c. 9, s. 373
  • 2014, c. 12, s. 86

Marginal note:Prohibition — making indirect loans

 No individual shall make a loan to a registered party, a registered association, a nomination contestant, a candidate or a leadership contestant that is made possible by money, property or the services of any person or entity that was provided to that individual for that purpose.

  • 2000, c. 9, s. 374
  • 2014, c. 12, s. 86

Expenses

Marginal note:Nomination campaign expenses

  •  (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

  •  (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

 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

  •  (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.

 
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