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

Marginal note:Appearance of official agent before judge

• 477.69 (1) A judge dealing with an application under section 477.68 or 477.7 who is satisfied that a candidate or an official agent has not provided the documents referred to in subsection 477.59(1), (10), (11), (12) or (15) in accordance with this Act because of a failure of the official agent or a predecessor of the official agent shall, by order served personally, require the official agent or that predecessor to appear before the judge.

• Marginal note:Show cause orders

  (2) The judge shall, unless the official agent or predecessor on his or her appearance shows cause why an order should not be issued, order that the agent or predecessor

  • (a) do anything that the judge considers appropriate in order to remedy the failure; or

  • (b) be examined concerning any information that pertains to the failure.

Marginal note:Recourse of candidate for fault of official agent

477.7 A candidate may apply to a judge for an order that relieves the candidate from any liability or consequence under this or any other Act of Parliament in relation to an act or omission of the candidate’s official agent, if the candidate establishes that

• (a) it occurred without the candidate’s knowledge or acquiescence; or

• (b) the candidate exercised all due diligence to avoid its occurrence.

The candidate shall notify the Chief Electoral Officer that the application has been made.

Marginal note:Destruction of documents — judge

• 477.71 (1) A candidate or their official agent may apply to a judge for an order relieving the official agent from the obligation to provide a document referred to in subsection 477.59(1), (10), (11), (12) or (15). The applicant shall notify the Chief Electoral Officer that the application has been made.

• Marginal note:Grounds

  (2) The judge may grant the order only if the judge is satisfied that the applicant cannot provide the documents because of their destruction by a superior force, including a flood, fire or other disaster.

• Marginal note:Date of relief

  (3) For the purposes of this Act, the applicant is relieved from the obligation referred to in subsection (1) on the date of the order.

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: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:Membership in House of Commons suspended

  (3) If the Chief Electoral Officer determines, with respect to an elected candidate, that a correction or revision that was requested to be made under subsection 477.65(2) was not made within the period specified, 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 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

  • (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: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.

Reimbursement of Certain Expenses

Marginal note:Reimbursement — first instalment

• 477.73 (1) Without delay after receipt of a return of the writ for an electoral district, the Chief Electoral Officer shall provide the Receiver General with a certificate that sets out

  • (a) the name of the elected candidate, if any;

  • (b) the name of any candidate who received 10% or more of the number of valid votes cast; and

  • (c) the amount that is 15% of the election expenses limit calculated under section 477.49.

• 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.

Marginal note:Reimbursement — final instalment

• 477.74 (1) On receipt of the documents referred to in subsection 477.59(1), or a corrected or revised version of any of those documents, in respect of a candidate named in a certificate, the Chief Electoral Officer shall provide the Receiver General with a certificate that

  • (a) states that the Chief Electoral Officer is satisfied that the candidate and their official agent have complied with the requirements of subsection 477.56(2) and sections 477.59 to 477.71;

  • (b) states that the auditor’s report does not include a statement referred to in subsection 477.62(3);

  • (c) states that the amount received as partial reimbursement under subsection 477.73(2) is less than the sum of the amounts calculated under paragraphs (2)(a) to (f); and

  • (d) sets out the amount of the final instalment of the reimbursement of the candidate’s expenses, calculated under subsection (2).

• Marginal note:Calculation of reimbursement

  (2) The amount referred to in paragraph (1)(d) is the sum of the following, less the partial reimbursement made under section 477.73:

  • (a) 60% of the candidate’s paid election expenses, as set out in 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 and 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.

• Marginal note:Reduction of reimbursement

  (3) If a candidate’s election expenses, as set out in their electoral campaign return, exceed the election expenses limit calculated under section 477.49, the amount that is provided for in subsection (2) is reduced as follows:

  • (a) by one dollar for every dollar that exceeds the limit by less than 5%;

  • (b) by two dollars for every dollar that exceeds the limit by 5% or more but by less than 10%;

  • (c) by three dollars for every dollar that exceeds the limit by 10% or more but by less than 12.5%; and

  • (d) by four dollars for every dollar that exceeds the limit by 12.5% or more.

• Marginal note:Payment of final instalment

  (4) On receipt of the certificate, the Receiver General shall pay, out of the Consolidated Revenue Fund, the amount set out in it to the candidate’s official agent. The payment may be made to the person designated by the official agent.

• Marginal note:Reimbursement

  (5) If the amount that is provided for in subsection (2) is a negative amount after being reduced under subsection (3), the candidate’s official agent shall without delay return to the Receiver General that amount — expressed as a positive number — up to the amount of the partial reimbursement received by the official agent under section 477.73.