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

SUBDIVISION BFinancial Administration of Candidates

Powers, Duties and Functions of Official Agent

Marginal note:Duty of official agent

477.45 A candidate’s official agent is responsible for administering the candidate’s financial transactions for their electoral campaign and for reporting on those transactions in accordance with this Act.

Marginal note:Bank account

• 477.46 (1) A candidate’s official agent shall open, for the sole purpose of the candidate’s electoral campaign, a separate bank account in a Canadian financial institution as defined in section 2 of the Bank Act, or in an authorized foreign bank as defined in that section that is not subject to the restrictions and requirements referred to in subsection 524(2) of that Act.

• Marginal note:Account holder name

  (2) The account shall name the account holder as follows: “(name of official agent), official agent”.

• 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:Closure of bank account

  (4) After the election or the withdrawal or death of a candidate, the candidate’s official agent shall close the account once all unpaid claims and surplus electoral funds have been dealt with in accordance with this Act.

• Marginal note:Final statement of bank account

  (5) The official agent shall, on closing the account, provide the Chief Electoral Officer with the final statement of the account.

Marginal note:Prohibition — accepting contributions, borrowing

• 477.47 (1) No person or entity, other than the candidate’s official agent, shall accept contributions to a candidate’s electoral campaign or borrow money on the candidate’s behalf under section 373.

• Marginal note:Prohibition — issuing tax receipts

  (2) No person or entity, other than the candidate’s official agent, shall provide official receipts to contributors of monetary contributions to a candidate for the purpose of subsection 127(3) of the Income Tax Act.

• Marginal note:Prohibition — accepting or providing goods, services or funds

  (3) No person or entity, other than the candidate’s official agent, shall, on behalf of a candidate,

  • (a) accept a provision of goods or services, or a transfer of funds, if the provision or transfer is permitted under section 364; or

  • (b) provide goods or services, or transfer funds, if the provision or transfer is permitted under that section.

• 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:Prohibition — incurring electoral expenses

  (5) No person or entity, other than a candidate, their official agent or a person authorized under paragraph 477.55(c) to enter into contracts, shall incur expenses in relation to the candidate’s electoral campaign.

• 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:Exception

  (7) Subsection (4) or (5), as the case may be, does not apply to a registered agent of a registered party who pays or incurs expenses in relation to the electoral campaign of the leader of the registered party.

477.48 [Repealed, 2018, c. 31, s. 291]

Election Expenses Limit

Marginal note:Maximum election expenses allowed

• 477.49 (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: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.

Marginal note:Base amount of candidate’s election expenses

• 477.5 (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).

Marginal note:Estimated expenses

• 477.51 (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.

Marginal note:Prohibition — expenses more than maximum

• 477.52 (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.

Recovery of Claims for Debts

Marginal note:Claim for payment

477.53 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.