Canada Elections Act 2000 / Loi électorale du Canada 2000

Canada:
2000 Canada Elections Act
2000 Loi Électorale du Canada

PART 12

COUNTING VOTES

Polling Stations

Counting the votes

283. (1) Immediately after the close of a polling station, the deputy returning officer shall count the votes in the presence of the poll clerk and any candidates or their representatives who are present or, if no candidates or representatives are present, in the presence of at least two electors.

Tally sheets

(2) The deputy returning officer shall supply the poll clerk and all the persons referred to in subsection (1) who are present and who so request with a tally sheet to keep their own score of the voting.

Steps to follow

(3) The deputy returning officer shall, in the following order,

(a) count the number of electors who voted at the polling station, make an entry at the end of the list of electors that states "The number of electors who voted at this election in this polling station is (stating the number)", sign the list, and place the list in the envelope supplied for the purpose;

(b) count the spoiled ballots, place them in the envelope supplied for the purpose, indicate on the envelope the number of spoiled ballots, and seal it;

(c) count the unused ballots that are not detached from the books of ballots, place them with the stubs of the used ballots in the envelope supplied for the purpose, indicate on the envelope the number of unused ballots, and seal it;

(d) total the numbers arrived at in paragraphs (a) to (c) in order to ascertain that all ballots that were provided by the returning officer are accounted for;

(e) open the ballot box and empty its contents onto a table; and

(f) examine each ballot, show the ballot to each person who is present, and ask the poll clerk to make a note on the tally sheet beside the name of the candidate for whom the vote was cast for the purpose of arriving at the total number of votes cast for each candidate.

Rejection of ballots

284. (1) In examining the ballots, the deputy returning officer shall reject one

(a) that has not been supplied by him or her;

(b) that has not been marked in a circle at the right of the candidates’ names;

(d) that has been marked in more than one circle at the right of the candidates’ names; or

(e) on which there is any writing or mark by which the elector could be identified.

Limitation

(2) No ballot shall be rejected by reason only that the deputy returning officer placed on it any writing, number or mark, or failed to remove the counterfoil.

Counterfoils remaining attached

(3) When a ballot is found with the counterfoil attached, the deputy returning officer shall, while concealing the number on it from all persons present and without examining it, remove and destroy the counterfoil.

Ballots not initialled by deputy returning officer

285. If the deputy returning officer determines that he or she has failed to initial a ballot, the deputy returning officer shall, in the presence of the poll clerk and witnesses, initial and count the ballot if he or she is satisfied that

(a) the ballot was supplied by him or her; and

(b) all ballots that were provided by the returning officer have been accounted for, as described in paragraph 283(3)(d).

Objections to ballots

286. (1) The deputy returning officer shall keep a record, in the prescribed form, of every objection to a ballot made by a candidate or his or her representatives, give a number to the objection, write that number on the ballot and initial it.

Decision of deputy returning officer

(2) The deputy returning officer shall decide every question that is raised by an objection described in subsection (1), and the decision is subject to reversal only on a recount or on application under subsection 524(1).

Statement of the vote

287. (1) The deputy returning officer shall prepare a statement of the vote, in the prescribed form, that sets out the number of votes in favour of each candidate and the number of rejected ballots and place the original statement and a copy of it in the separate envelopes supplied for the purpose.

Copies of the statement of the vote

(2) The deputy returning officer shall give a copy of the statement of the vote to each of the candidate’s representatives present at the count.

Marked ballots

288. (1) The deputy returning officer shall place the ballots for each candidate into separate envelopes, write on each envelope the name of the candidate and the number of votes he or she received, and seal it. The deputy returning officer and the poll clerk shall sign the seal on each envelope, and the witnesses may also sign them.

Rejected ballots

(2) The deputy returning officer shall place into separate envelopes the rejected ballots, the registration certificates and the list of electors, and shall seal the envelopes.

Documents to be enclosed in a large envelope

(3) The deputy returning officer shall seal in a large envelope supplied for the purpose

(a) the envelopes that contain the marked ballots for the candidates, any spoiled ballots, unused ballots or rejected ballots, and the official list of electors; and

(b) any other election documents, except for the envelopes that contain the statements of the vote and the registration certificates.

Documents to be placed in the ballot box

(4) The large envelope described in subsection (3) and the envelope that contains the copy of the statement of the vote shall be placed in the ballot box.

Sealing ballot box

(5) The ballot box shall be sealed by the deputy returning officer with the seals provided by the Chief Electoral Officer.

Advance Poll

Counting of votes on polling day

289. (1) The deputy returning officer of an advance poll shall, at the close of the polling stations on polling day, attend with the poll clerk at the place mentioned in the notice of advance poll in subparagraph 172(a)(iii) to count the votes.

Application of rules for counting votes

(2) Subsections 283(1) and (2), paragraphs 283(3)(e) and (f) and sections 284 to 288 apply with any necessary modifications to the counting of the votes of an advance poll.

Prohibition

(3) No person shall make a count of the votes cast at an advance poll before the close of the polling stations on polling day.

Delivery of Ballot Boxes to Returning Officer

Sending ballot boxes and statement to returning officer

290. (1) The deputy returning officer for a polling station or an advance poll shall, without delay after sealing the ballot box, send the box, with the envelope that contains the original statement of the vote and the envelope that contains the registration certificate, to the returning officer.

Collection of ballot boxes

(2) A returning officer may appoint persons to collect ballot boxes together with the envelopes referred to in subsection (1) from polling stations, and any person so appointed shall take the prescribed oath when he or she sends those materials to the returning officer.

Provision of statements to candidates

291. A returning officer shall, on request, provide each candidate one copy of each statement of the vote in the candidate’s electoral district.

Safekeeping of ballot boxes

292. A returning officer, on the receipt of each ballot box, shall

(a) take every precaution to prevent any other person, except the assistant returning officer, from having access to it; and

(b) examine and record the condition of the seals affixed to it and, if necessary, affix new seals.

PART 13

VALIDATION OF RESULTS BY THE RETURNING OFFICER

Validation of results

293. (1) After a returning officer receives all of the ballot boxes, he or she shall, at his or her office, in the presence of the assistant returning officer at the time indicated in paragraph 62(c), validate the results of the vote from the original statements of the vote and the information communicated under section 280.

Adjournment if ballot boxes or information not received

(2) If, on the day fixed for the validation of the results as described in paragraph 62(c), a returning officer has not received all the ballot boxes or the information required by section 280, the returning officer shall adjourn the proceedings for not more than seven days.

Further adjournment

(3) If, on the day fixed for the proceedings by virtue of an adjournment under subsection (2), the returning officer has not, for any reason, received the ballot boxes or information referred to in that subsection, the returning officer may make further adjournments. The further adjournments may not exceed a total of two weeks.

Witnesses at validation

294. Candidates and their representatives may attend the validation of the results, but if none of them is present, the returning officer shall ensure the presence of at least two electors until the validation is completed.

Opening ballot box in certain cases

295. (1) If the original statement of the vote is missing, appears to contain an error, to be incomplete or to have been altered, or is disputed by a candidate or his or her representative, the returning officer may open the ballot box and the envelope that contains the copy of the statement of the vote or, if that copy is missing, the large envelope.

Information on envelopes containing ballots

(2) If a copy of the statement of the vote is not found or is not useful for the purpose of validating the results, the returning officer may use the information that is written on the envelopes that contain the ballots for that purpose.

Limitation

(3) The returning officer shall not open an envelope that appears to contain ballots.

Resealing of loose papers

(4) If the returning officer opens the large envelope, he or she shall place its contents into another envelope, seal that envelope and initial the seal.

Loss or destruction of ballot boxes

296. (1) If a ballot box has been destroyed or is missing, the returning officer shall ascertain the cause of the destruction or loss and shall complete the validation of the results from the original copy of the statement of the vote in the same manner as if he or she had received the ballot box.

Power to summon and examine

(2) If the returning officer is unable to obtain either the original statement of the vote or the ballot box, he or she

<>(a) shall ascertain, by any evidence that he or she is able to obtain, the total number of votes cast for each candidate at the polling stations;

(b) for ascertaining the total number of votes under paragraph (a), may summon any deputy returning officer, poll clerk or other person to appear before him or her at a fixed date and time and to bring with them all necessary documents; and

Notice to candidates

(3) If paragraph (2)(b) applies, the returning officer shall give notice to the candidates for that electoral district of the date and time fixed for the appearance.

Obligation to comply with summons

(4) Every person to whom a summons is directed under paragraph (2)(b) shall obey it.

Certificate of votes cast

297. Without delay after the validation of the results, the returning officer shall prepare a certificate in the prescribed form that sets out the number of votes cast for each candidate, and shall deliver the original of the certificate to the Chief Electoral Officer and a copy of it to each candidate or his or her representative. In the case described in section 296, the certificate shall indicate the number of votes that have been ascertained to have been cast for each candidate.

Ballot boxes

298. After the close of an election, each returning officer shall dispose of the ballot boxes as instructed by the Chief Electoral Officer.

PART 14

JUDICIAL RECOUNT

Interpretation

Definition of "judge"

299. (1) In this Part, "judge" means a judge who sits in the electoral district where the results are validated.

Powers of judge

(2) A judge who is authorized by sections 300 to 309 to act may act, to the extent authorized, within or outside his or her judicial district.

Recount Procedure

Request by returning officer for recount

300. (1) If the difference between the number of votes cast for the candidate with the most votes and the number cast for any other candidate is less than 1/1000 of the votes cast, the returning officer shall make a request to a judge for a recount within four days after the results are validated.

Notice to candidates

(2) The returning officer shall notify each candidate or his or her official agent in writing of the request for a recount.

Recount automatic

(3) The judge shall fix the date for the recount to be conducted within four days after he or she receives the request.

Documents to be supplied

(4) The returning officer shall attend the recount and shall bring all relevant election materials including

(a) the ballot boxes;

(b) the statements of the vote used to validate the results; and

Application for recount

301. (1) An elector may, within four days after the date on which a returning officer issues a certificate under section 297, apply to a judge for a recount.

Grounds for recount

(2) The judge shall fix a date for a recount if it appears, on the affidavit of a credible witness, that

(a) a deputy returning officer has incorrectly counted or rejected any ballots, or has written an incorrect number on the statement of the vote for the votes cast for a candidate; or

(b) the returning officer has incorrectly added up the results set out in the statements of the vote.

Deposit

(3) The applicant shall deposit with the clerk or prothonotary of the court the sum of $250 as security for the costs of the candidate who obtained the largest number of votes.

Date for recount and summons

(4) The date fixed for the recount shall be within four days after the judge receives the application. The judge shall summon the returning officer to attend and to bring the relevant ballot boxes and statements of the vote together with the ballots that were counted, and the statements that were completed, under Part 11.

Notice to candidates

(5) The judge shall notify each candidate or his or her official agent in writing of the time and place fixed for the recount. The judge may decide that service of the notice will be substitutional, by mail or posting or in any other manner.

Returning officer required to attend

(6) A returning officer to whom a summons is directed under subsection (4) shall obey it and shall be present throughout the recount.

More than one application

302. If a judge receives more than one application for a recount for more than one electoral district, the recounts shall be conducted in the order in which the judge receives the applications.

Right of candidate to attend

303. (1) Each candidate and up to three of his or her representatives may attend at a recount. If a candidate is not present and is not represented at the recount, no more than three electors are entitled to attend on the candidate’s behalf.

No other person may attend

(2) Except with the permission of the judge, no person other than those described in subsection (1) and the returning officer may be present at the recount.

Recount procedure

304. (1) The judge shall conduct the recount by adding the number of votes reported in the statements of the vote or by counting the valid ballots or all of the ballots returned by the deputy returning officers or the Chief Electoral Officer.

Documents that may be examined

(2) If a recount of all of the ballots returned is required, the judge may open the sealed envelopes that contain the used and counted, unused, rejected and spoiled ballots. The judge shall not open any envelopes that appear to contain other documents or refer to any other election documents.

Steps to be taken by judge

(3) At a recount, the judge shall

(a) count the ballots in the manner prescribed for a deputy returning officer or a special ballot officer;

(b) verify or correct, if necessary, each statement of the vote; and

(c) review the decision of the returning officer with respect to the number of votes cast for a candidate, in the case of a missing or destroyed ballot box or statement of the vote.

Powers of judge

(4) For the purpose of arriving at the facts with respect to a missing ballot box or statement of the vote, the judge has all the powers of a returning officer with regard to the attendance and examination of witnesses who, in case of non-attendance, are subject to the same consequences as in the case of refusal or neglect to attend on the summons of a returning officer.

Additional powers of judge

(5) For the purpose of conducting a recount, a judge has the power to summon any deputy returning officer or poll clerk as a witness and to require him or her to give evidence on oath and, for that purpose, has the same power that is vested in any court of record.

Clerical assistants

(6) Subject to the approval of the Chief Electoral Officer, a judge may retain the services of support staff to assist in the performance of his or her duties under this Part.

Proceedings to be continuous

305. The judge shall, as far as practicable, proceed continuously with a recount, except for necessary breaks and, unless the judge orders otherwise, between 6:00 p.m. and 9:00 a.m.

Security of documents

306. (1) During a break described in section 305, the judge or any other person who has possession of ballots and other election documents shall keep them sealed in parcels, and the seal shall be signed by the judge and may be signed by any other person in attendance.

Supervision of sealing

(2) The judge shall personally supervise the parcelling and sealing of ballots and documents at a recount and take all necessary precautions for their security.

Judge may terminate recount

307. Except in a case referred to in section 300, a judge may at any time terminate a recount on request in writing by the person who applied for the recount.

Procedure at conclusion of recount

308. At the conclusion of a recount, the judge shall

(a) seal the ballots in a separate envelope for each polling station and without delay prepare a certificate in the prescribed form that sets out the number of votes cast for each candidate; and

(b) deliver the original of the certificate to the returning officer and a copy of it to each candidate.

Costs

309. (1) If a recount does not alter the result of the vote so as to affect the return, the judge shall

(a) order the costs of the candidate for whom the largest number of votes have been cast to be paid by the person who applied for the recount; and

(b) tax those costs, following as closely as possible the tariff of costs allowed with respect to proceedings in the court in which the judge ordinarily presides.

Disposal of deposit and right of action for balance

(2) The money deposited as security for costs shall, as far as is necessary, be paid out to the candidate in whose favour costs are awarded under subsection (1) and, if the deposit is insufficient to cover the costs, the party in whose favour the costs are awarded has their action for the balance.

Application for reimbursement of costs

310. (1) After a recount, a candidate may make an application to the Chief Electoral Officer for reimbursement of his or her costs in respect of the recount, setting out the amount and nature of the costs and whether they were actually and reasonably incurred.

Chief Electoral Officer determines costs

(2) On receipt of an application under subsection (1), the Chief Electoral Officer shall determine the costs, and shall make a request for reimbursement to the Receiver General, up to a maximum of $500 for each day or part of a day during which the judge conducted the recount.

Payment from Consolidated Revenue Fund

(3) The Receiver General, on receipt of a request for reimbursement from the Chief Electoral Officer, shall pay to the candidate the amount requested from the Consolidated Revenue Fund.

Failure of Judge to Conduct Recount

Failure of judge to act

311. (1) If a judge does not comply with the provisions of sections 300 to 309, an aggrieved party may, within eight days after the failure to comply, make application for an order under subsection (3)

(a) in the Province of Ontario, to a judge of the Superior Court of Justice;

(b) in the Province of Quebec, New Brunswick or Alberta, the Yukon Territory, the Northwest Territories or Nunavut, to a judge of the Court of Appeal of the Province or Territory;

(d) in the Province of Manitoba or Saskatchewan, to a judge of the Court of Queen’s Bench for the Province; and

(e) in the Province of Prince Edward Island or Newfoundland, to a judge of the trial division of the Supreme Court of the Province.

Application on affidavit

(2) An application under subsection (1) may be made on affidavit, which need not be entitled in any matter or cause, that sets out the facts relating to the failure to comply.

Order of judge

(3) The judge to whom an application is made under subsection (1) shall, if it appears that there was a failure to comply, make an order

(a) fixing the time, within the following eight days, and place to hear the application;

(b) directing the attendance of all parties interested at that time and place; and

(c) giving directions for the service of the order, and of any affidavit on which it was granted, on the judge alleged to have failed to comply and on any other interested party.

Affidavits may be filed in reply

(4) The judge complained of and any interested party may file in the office of the clerk, registrar or prothonotary of the court of the judge to whom the application is made affidavits in reply to those filed by the applicant and shall provide the applicant with copies of them on demand.

Order of court after hearing

312. (1) After hearing the judge complained of and any other parties, the judge to whom the application was made or another judge of the same court

(a) shall make an order dismissing the application or ordering the judge in default to comply with the requirements of this Act in respect of the recount; and

(b) may make an order with respect to costs.

Judge to obey order

(2) A judge found to be in default shall without delay comply with an order made under subsection (1).

Costs

(3) Remedies for the recovery of costs awarded under paragraph (1)(b) are the same as for costs in ordinary cases in the same court.

PART 15

RETURN OF THE WRIT

Return of elected candidate

313. (1) The returning officer, without delay after the sixth day that follows the completion of the validation of results or, if there is a recount, without delay after receiving the certificate referred to in section 308, shall declare elected the candidate who obtained the largest number of votes by completing the return of the writ in the prescribed form on the back of the writ.

Equality of votes

(2) If there is an equality of votes between the candidates with the largest number of votes, the returning officer shall indicate that on the return of the writ.

Sending of documents

314. (1) On completing the return of the writ, the returning officer shall without delay send to the Chief Electoral Officer all election documents in his or her possession together with

(a) a report of the returning officer’s proceedings in the prescribed form including his or her comments with respect to the state of the election documents received from the deputy returning officers;

(b) a summary, in the prescribed form, of the number of votes cast for each candidate at each polling station; and

Report re disappearance of ballot box, etc.

(2) In any case arising under section 296, the returning officer shall mention specially in the report the circumstances accompanying the disappearance of the ballot boxes or the lack of any statement of the vote, and the mode by which the returning officer ascertained the number of votes cast for each candidate.

Duplicate of return to each candidate

315. (1) The returning officer shall forward a copy of the return of the writ to each candidate.

Premature return

(2) A premature return of the writ is deemed not to have reached the Chief Electoral Officer until it should have reached the Chief Electoral Officer in due course.

Correction of writ

(3) The Chief Electoral Officer shall, if necessary, send back the return of the writ and any or all of the related election documents to the returning officer for completion or correction.

Where report made before recount

316. (1) Where, at the time of the issue of an order under section 311 or 312, the returning officer for the electoral district in respect of which the order is made has made a return of the writ under section 314, the Chief Electoral Officer shall, on being provided with a certified copy of the order, send back to the returning officer all election documents required for use at the recount.

Duties of returning officer on recount

(2) On receiving a judge’s certificate with respect to the result of a recount, the returning officer shall

(a) if the result of the recount is that a person other than the person named in the original return is to be returned, make a substitute return of the writ; or

(b) if the result of the recount is to confirm the return, send the papers back to the Chief Electoral Officer without delay and not make a substitute return of the writ.

Effect of substitute return

(3) A substitute return made under paragraph (2)(a) has the effect of cancelling the original return.

Procedure on receipt of return by Chief Electoral Officer

317. The Chief Electoral Officer, on receiving each return of the writ, shall, in the order in which the return is received,

(a) indicate, in a book kept by the Chief Electoral Officer for the purpose, that he or she has received it; and

(b) publish in the Canada Gazette the name of the candidate who was declared elected.

Equality of votes

318. If the return of the writ indicates an equality of votes between the candidates with the largest number of votes, the Chief Electoral Officer shall without delay

(a) prepare and send to the Speaker of the House of Commons or, if none, two members of the House or two candidates who have been declared elected, as the case may be, a report stating that no candidate was declared elected in the electoral district because of the equality of votes; and

(b) publish in the Canada Gazette

(i) the names of the candidates between whom there was an equality of votes, and

(ii) notice that, as no candidate was declared elected in the electoral district because of the equality of votes, a by-election will be conducted under subsection 29(1.1) of the Parliament of Canada Act.

PART 16

COMMUNICATIONS

Interpretation

Definitions

319. The definitions in this section apply in this Part.

"election advertising"
« publicité électorale »

"election advertising" means the transmission to the public by any means during an election period of an advertising message that promotes or opposes a registered party or the election of a candidate, including one that takes a position on an issue with which a registered party or candidate is associated. For greater certainty, it does not include

(a) the transmission to the public of an editorial, a debate, a speech, an interview, a column, a letter, a commentary or news;

(b) the distribution of a book, or the promotion of the sale of a book, for no less than its commercial value, if the book was planned to be made available to the public regardless of whether there was to be an election;

(c) the transmission of a document directly by a person or a group to their members, employees or shareholders, as the case may be; or

(d) the transmission by an individual, on a non-commercial basis on what is commonly known as the Internet, of his or her personal political views.

"election survey"
« sondage électoral »

"election survey" means an opinion survey of how electors voted or will vote at an election or respecting an issue with which a registered party or candidate is associated.

"network"
« réseau »

"network" means a network as defined in subsection 2(1) of the Broadcasting Act, but does not include a temporary network operation as defined in that subsection.

"network operator"
« exploitant de réseau »

"network operator" means a person or undertaking to which permission has been granted by the Canadian Radio-television and Telecommunications Commission to form and operate a network.

"prime time"
« heures de grande écoute »

"prime time", in the case of a radio station, means the time between the hours of 6 a.m. and 9 a.m., noon and 2 p.m. and 4 p.m. and 7 p.m., and, in the case of a television station, means the hours between 6 p.m. and midnight.

Election Advertising

Message must be authorized

320. A candidate or registered party, or a person acting on their behalf, who causes election advertising to be conducted shall mention in or on the message that its transmission was authorized by the official agent of the candidate or by the registered agent of the party, as the case may be.

Government means of transmission

321. (1) No person shall knowingly conduct election advertising or cause it to be conducted using a means of transmission of the Government of Canada.

Application

(2) For the purpose of subsection (1), a person includes a group within the meaning of Part 17.

Election advertising posters

322. (1) No landlord or person acting on their behalf may prohibit a tenant from displaying election advertising posters on the premises to which the lease relates and no condominium corporation or any of its agents may prohibit the owner of a condominium unit from displaying election advertising posters on the premises of his or her unit.

Permitted restrictions

(2) Despite subsection (1), a landlord, person, condominium corporation or agent referred to in that subsection may set reasonable conditions relating to the size or type of election advertising posters that may be displayed on the premises and may prohibit the display of election advertising posters in common areas of the building in which the premises are found.

Blackout period

323. (1) No person shall knowingly transmit election advertising to the public in an electoral district on polling day before the close of all of the polling stations in the electoral district.

Interpretation

(2) The transmission to the public of a notice of an event that the leader of a registered party intends to attend or an invitation to meet or hear the leader of a registered party is not election advertising for the purpose of subsection (1).

Definition of "person"

(3) For the purpose of subsection (1), a person includes a registered party and a group within the meaning of Part 17.

Exceptions

324. Subsection 323(1) does not apply in respect of

(a) the transmission of a message that was transmitted to the public on what is commonly known as the Internet before the blackout period described in that subsection and that was not changed during that period; or

(b) the distribution during that period of pamphlets or the posting of messages on signs, posters or banners.

S.C. 2001, c. 21, s. 16.

Prohibition – prevention or impairment of transmission

325. (1) No person shall prevent or impair the transmission to the public of an election advertising message without the consent of a person with authority to authorize its transmission.

Exception

(2) Subsection (1) does not apply with respect to

(a) the prevention or impairment, by a public authority, of an unlawful transmission if reasonable notice has first been given to the person who authorized the transmission; or

(b) the removal by an employee of a public authority of a sign, poster or banner where the posting of it is a hazard to public safety.

Election Opinion Surveys

Transmission of election survey results

326. (1) The first person who transmits the results of an election survey – other than a survey that is described in section 327 – to the public during an election period and any person who transmits them to the public within 24 hours after they are first transmitted to the public must provide the following together with the results:

(a) the name of the sponsor of the survey;

(b) the name of the person or organization that conducted the survey;

(d) the population from which the sample of respondents was drawn;

(e) the number of people who were contacted to participate in the survey; and

(f) if applicable, the margin of error in respect of the data obtained.

Additional information – published surveys

(2) In addition to the information referred to in subsection (1), the following must be provided in the case of a transmission to the public by means other than broadcasting:

(a) the wording of the survey questions in respect of which data is obtained; and

(b) the means by which a report referred to in subsection (3) may be obtained.

Report on survey results

(3) A sponsor of an election survey shall, at any time during an election period after the results of the survey are transmitted to the public, provide, on request, a copy of a written report on the results of the survey, as transmitted under subsection (1). The report shall include the following, as applicable:

(a) the name and address of the sponsor of the survey;

(b) the name and address of the person or organization that conducted the survey;

(d) information about the method used to collect the data from which the survey results are derived, including

(i) the sampling method,

(ii) the population from which the sample was drawn,

(iii) the size of the initial sample,

(iv) the number of individuals who were asked to participate in the survey and the numbers and respective percentages of them who participated in the survey, refused to participate in the survey, and were ineligible to participate in the survey,

(v) the dates and time of day of the interviews,

(vi) the method used to recalculate data to take into account in the survey the results of participants who expressed no opinion, were undecided or failed to respond to any or all of the survey questions, and

(vii) any weighting factors or normalization procedures used in deriving the results of the survey; and

(e) the wording of the survey questions and, if applicable, the margins of error in respect of the data obtained.

Fee may be charged

(4) A sponsor may charge a fee of up to $0.25 per page for a copy of a report provided under subsection (3).

Broadcast of surveys not based on recognized statistical methods

327. The first person who transmits the results of an election survey that is not based on recognized statistical methods to the public during an election period and any person who transmits them within 24 hours after they are first transmitted to the public must indicate that the survey was not based on recognized statistical methods.

Prohibition – causing transmission of election survey results during blackout period

328. (1) No person shall knowingly cause to be transmitted to the public, in an electoral district on polling day before the close of all of the polling stations in that electoral district, the results of an election survey that have not previously been transmitted to the public.

Prohibition – transmission of election survey results during blackout period

(2) No person shall transmit to the public, in an electoral district on polling day before the close of all of the polling stations in that electoral district, the results of an election survey that have not previously been transmitted to the public.

Application

(3) For the purpose of this section, a person includes a group within the meaning of Part 17.

Premature Transmission

Prohibition – premature transmission of results

329. No person shall transmit the result or purported result of the vote in an electoral district to the public in another electoral district before the close of all of the polling stations in that other electoral district.

Broadcasting outside Canada

Prohibition – use of broadcasting station outside Canada

330. (1) No person shall, with intent to influence persons to vote or refrain from voting or vote or refrain from voting for a particular candidate at an election, use, aid, abet, counsel or procure the use of a broadcasting station outside Canada, during an election period, for the broadcasting of any matter having reference to an election.

Prohibition – broadcasting outside Canada

(2) During an election period, no person shall broadcast, outside Canada, election advertising with respect to an election.

Non-interference by Foreigners

Prohibition – inducements by non-residents

331. No person who does not reside in Canada shall, during an election period, in any way induce electors to vote or refrain from voting or vote or refrain from voting for a particular candidate unless the person is

(a) a Canadian citizen; or

(b) a permanent resident as defined in subsection 2(1) of the Immigration Act.

Political Broadcasts

Appointment of Broadcasting Arbitrator

332. (1) A Broadcasting Arbitrator shall be appointed by the Chief Electoral Officer without delay after the consultations described in section 333. The Broadcasting Arbitrator shall be

(a) chosen by a unanimous decision of representatives of registered parties; or

(b) named by the Chief Electoral Officer, if the consultations do not result in a unanimous decision.

Term of office

(2) The term of office of the Broadcasting Arbitrator shall expire six months after polling day at the general election next following his or her appointment.

Removal for cause

(3) The Chief Electoral Officer may remove the Broadcasting Arbitrator from office only for cause.

Eligible for re-appointment

(4) A Broadcasting Arbitrator whose term of office has expired is eligible to be re-appointed.

Salary

(5) A Broadcasting Arbitrator shall be paid the salary or other remuneration that may be fixed by the Chief Electoral Officer.

Convening of representatives

333. (1) The Chief Electoral Officer shall hold a meeting of two representatives of each registered party represented in the House of Commons at that time, or if Parliament is dissolved, at the time of dissolution, designated in writing by their party leader, for the purpose of holding consultations to choose a Broadcasting Arbitrator. The meeting shall be held within

(a) 90 days after polling day at a general election; or

(b) 14 days after the day on which the Broadcasting Arbitrator dies, becomes incapacitated, resigns or is removed from office, if that day is not during the election period of a general election.

Chairperson

(2) The Chief Electoral Officer shall designate the Chairperson at the meeting referred to in subsection (1) and at all subsequent consultations.

Report

(3) The representatives of the registered parties referred to in subsection (1) shall make a report signed by each of them to the Chief Electoral Officer of the results of their consultations no later than

(a) six weeks after a meeting referred to in paragraph (1)(a); and

(b) four weeks after a meeting referred to in paragraph (1)(b).

Vacancy during election period

334. In the event of the death, incapacity, resignation or removal of the Broadcasting Arbitrator during the election period of a general election, the Chief Electoral Officer shall appoint a new Broadcasting Arbitrator without delay.

Broadcasting time to be provided to registered parties

335. (1) In the period beginning on the issue of the writs for a general election and ending at midnight on the day before polling day, every broadcaster shall, subject to the regulations made under the Broadcasting Act and the conditions of its licence, make available, for purchase by all registered parties for the transmission of political announcements and other programming produced by or on behalf of the registered parties, six and one-half hours of broadcasting time during prime time on its facilities.

When broadcaster affiliated with network

(2) If a broadcaster is affiliated with a network, the part of the broadcasting time to be made available under subsection (1) that may be determined by agreement between the broadcaster and the network operator shall be made available by the network operator during the portion of the broadcaster’s prime time broadcasting schedule that has been delegated to the control of the network operator.

Request for meeting

336. (1) The Broadcasting Arbitrator shall convene a meeting of representatives of all registered parties to consult on the allocation of broadcasting time made available under section 335 within 30 days after the receipt of a written request from the chief agent of a registered party, or six months after the Broadcasting Arbitrator takes office, whichever is earlier.

Time of request

(2) The written request may not be made until the Broadcasting Arbitrator has been in office for 60 days.

Chairperson

(3) The Broadcasting Arbitrator shall act as Chairperson at any meeting referred to in subsection (1).

No allocation

337. (1) A registered party shall not be allocated broadcasting time if, after receiving notice of the meeting referred to in subsection 336(1), the party

(a) indicates in writing to the Broadcasting Arbitrator that it does not wish to be allocated broadcasting time; or

(b) fails to communicate to the Broadcasting Arbitrator its intentions regarding the allocation of the broadcasting time and fails to have its representative attend the meeting.

Agreement on allocation

(2) Unanimous agreement of the registered parties on the allocation of the broadcasting time is binding on all registered parties.

Broadcasting Arbitrator decides when no agreement

(3) If unanimous agreement is not reached within four weeks after the meeting referred to in subsection 336(1), the Broadcasting Arbitrator shall allocate the broadcasting time, and that allocation is binding on all registered parties.

Factors in allocation

338. (1) Subject to subsections (3) to (5), in allocating broadcasting time, the Broadcasting Arbitrator shall give equal weight to

(a) the percentage of seats in the House of Commons held by each of the registered parties at the previous general election; and

b) the percentage of the popular vote at the previous general election of each registered party.

The Broadcasting Arbitrator shall in addition give half the weight given to each of the factors referred to in paragraphs (a) and (b) to the number of candidates endorsed by each of the registered parties at the previous general election, expressed as a percentage of all candidates endorsed by all registered parties at that election.

Allocation where merger of parties

(2) Subject to subsections (3) to (5), in allocating broadcasting time in the case of the merger of two or more registered parties, the Broadcasting Arbitrator shall

(a) in determining the percentage of seats held by a merged party at the previous general election for the purpose of paragraph (1)(a), include the total number of seats held by the merging parties;

(b) in determining the percentage of the popular vote of a merged party at the previous general election for the purpose of paragraph (1)(b), include the total number of votes obtained by the merging parties; and

(c) for the purpose of giving the half-weight under subsection (1), assign to the merged party the number of candidates endorsed by the merging party that had the greatest number of candidates at that election.

No allocation in excess of 50%

(3) In no case shall the Broadcasting Arbitrator allocate more than 50% of the total of the broadcasting time to a registered party.

Allocation of time in excess of 50%

(4) If the calculation under subsection (1) would give more than 50% of the total of the broadcasting time to a registered party, the Broadcasting Arbitrator shall allocate the excess amount to the other registered parties entitled to broadcasting time on a proportionate basis.

Discretion re allocation

(5) If the Broadcasting Arbitrator considers that an allocation determined in accordance with subsection (1) would be unfair to a registered party or contrary to the public interest, the allocation may be modified, subject to subsections (3) and (4), in any manner that the Broadcasting Arbitrator considers appropriate.

Notification of allocation

(6) The Broadcasting Arbitrator shall, as soon as possible, give notice in writing of every allocation of broadcasting time made by the Broadcasting Arbitrator or by the registered parties to

(a) every registered party; and

(b) every political party that became an eligible party either before or after the allocation.

The notice shall advise an eligible party referred to in paragraph (b) that it has 30 days after the receipt of the notice to request that broadcasting time be made available to it, for purchase, under section 339.

New parties entitled to broadcasting time

339. (1) Subject to subsection (4), every eligible party referred to in paragraph 338(6)(b) that makes a request as described in subsection 338(6) within the time referred to in that subsection is entitled to purchase broadcasting time in an amount equal to the lesser of

(a) the smallest portion of broadcasting time to be made available under section 335 allocated to a registered party under sections 337 and 338, and

(b) six minutes.

Parties not entitled to time

(2) An eligible party referred to in paragraph 338(6)(b) is not entitled to have any broadcasting time made available to it under this section if the party

(a) indicates in writing that it does not wish any broadcasting time under this section; or

(b) fails to make a request as described in subsection 338(6) within the time referred to in that subsection.

Broadcasting time to be provided to new eligible parties

(3) In addition to the broadcasting time to be made available under section 335, and within the period referred to in that section, every broadcaster shall, subject to the regulations made under the Broadcasting Act and to the conditions of its licence, make available, for purchase by every eligible party entitled to broadcasting time under this section, broadcasting time in the amount determined under this section for the eligible party for the transmission of political announcements and other programming produced by or on behalf of the eligible party during prime time on that broadcaster’s facilities.

Maximum of 39 minutes

(4) The maximum amount of broadcasting time available for purchase by eligible parties under this section is 39 minutes and, once that amount of broadcasting time is reached, all entitlement under this section shall be altered or established to be of whatever number of minutes or portions of minutes is necessary so that all eligible parties requesting time under this section receive the same amount of time within the 39-minute limit.

Reallocation in case of suspension

340. (1) Where a registered party to which broadcasting time has been allocated under section 335 is subsequently suspended and a notice of its suspension is published in the Canada Gazette, the Broadcasting Arbitrator, within two weeks after the suspension, shall convene the representatives of the remaining registered parties and eligible parties to which broadcasting time has been allocated for the purpose of reallocating that party’s broadcasting time.

Reallocation in case of loss of eligibility

(2) Where an eligible party to which broadcasting time has been allocated under section 339 subsequently ceases to be an eligible party, the Broadcasting Arbitrator, within two weeks after the cessation of eligibility, shall convene the representatives of the remaining registered parties and eligible parties to whom broadcasting time has been allocated for the purpose of reallocating that party’s broadcasting time.

Exception

(3) If the suspension or cessation of eligibility referred to in subsection (1) or (2), respectively, occurs after the issue of the writs for a general election, the broadcasting time that was allocated to the suspended party or to the party that has ceased to be eligible shall not be reallocated.

Reallocation in case of merger

341. If two or more registered parties merge after an allocation of the broadcasting time to be made available under section 335, the Broadcasting Arbitrator shall without delay convene the representatives of the registered parties, including the merged parties, for the purpose of reallocating the broadcasting time allocated to all registered parties.

Broadcasters to be notified

342. (1) The Broadcasting Arbitrator shall notify the Canadian Radio-television and Telecommunications Commission of every allocation under sections 337 and 338 and every entitlement under section 339 as soon as possible after it is made or requested and the Commission shall notify every broadcaster and every network operator of every such allocation and entitlement without delay after it is made and again immediately after the issue of the writs for the next general election.

Information to parties

(2) The Broadcasting Arbitrator shall, on request, provide all registered parties and all eligible parties referred to in paragraph 338(6)(b) with the names and addresses of all broadcasters and network operators.

Annual review

343. (1) In each of the calendar years after the calendar year in which an allocation of broadcasting time has been made under sections 337 and 338 or an eligible party has requested and has become entitled to broadcasting time under section 339, the Broadcasting Arbitrator shall convene and chair a meeting of the representatives of all registered parties to review the allocation or entitlement.

Reduction to six and one-half hours

(2) If, at a meeting referred to in subsection (1), it is determined that the total broadcasting time allocated or requested exceeds six and one-half hours, the Broadcasting Arbitrator shall reduce the allocated or requested time to six and one-half hours on a proportionate basis and that reduction shall be final and binding on all registered parties and eligible parties.

Definitions

344. (1) The definitions in this subsection apply in subsections (2) and (5).

"commercial time"
« temps commercial »

"commercial time" means any period of two minutes or less during which a broadcaster normally presents commercial messages, public service announcements or station or network identification.

"program time"
« durée de l’émission »

"program time" means any period longer than two minutes during which a broadcaster does not normally present commercial messages, public service announcements or station or network identification.

Notice of preference by party

(2) Each registered party and each eligible party entitled to purchase broadcasting time under this Act shall, not later than 10 days after the issue of the writs for a general election, send a notice in writing to each broadcaster and each network operator from whom it intends to purchase broadcasting time, setting out its preference as to the proportion of commercial time and program time to be made available to it and the days on which and the hours during which that time as so proportioned is to be made available, but at no time shall that party obtain broadcasting time before the 5th day after the notice is received by the broadcaster or network operator.

Consultation to reach agreement

(3) Every broadcaster or network operator who receives a notice under subsection (2) shall, within two days after its receipt, consult with representatives of the registered party or eligible party that sent the notice for the purpose of reaching an agreement on the requests contained in it.

When no agreement

(4) If no agreement is reached under subsection (3) within two days after the commencement of the consultation required by that subsection, the matter shall be referred to the Broadcasting Arbitrator who shall decide on the requests without delay and give notice of his or her decision to the broadcaster or network operator and to the representatives of the registered party or eligible party that made the requests.

Factors in decision

(5) In making a decision under subsection (4), the Broadcasting Arbitrator shall take into account the following principles:

(a) that each registered party and each eligible party should have the freedom and flexibility to determine the proportion of commercial time and program time to be made available to it and the days on which and the hours during which that time as so proportioned should be made available; and

(b) that any broadcasting time to be made available to a registered party or eligible party should be made available fairly throughout prime time.

Decision binding

(6) A decision of the Broadcasting Arbitrator under subsection (4) is final and binding on the registered party or eligible party, as the case may be, and the broadcaster or network operator.

Free broadcasting time

345. (1) In the period beginning on the issue of the writs for a general election and ending at midnight on the second day before polling day at that election, every network operator shall, subject to the regulations made under the Broadcasting Act and to the conditions of its licence, make available, at no cost, to the registered parties and eligible parties referred to in subsection (2), for the transmission of political announcements and other programming produced by or on behalf of those parties, broadcasting time as determined under that subsection if the network formed and operated by the network operator

(a) reaches a majority of Canadians whose mother tongue is the same as that in which the network broadcasts;

(b) is licensed with respect to more than a particular series of programs or type of programming; and

Determination of free broadcasting time

(2) For the purpose of subsection (1), the minimum amount of broadcasting time that a network operator is to make available shall be no less than the amount of free broadcasting time made available by it at the last general election and shall be made available as follows:

(a) two minutes to every registered party referred to in paragraph 337(1)(a) and every eligible party referred to in paragraph 339(2)(a); and

(b) the remainder to all registered parties that have been allocated any of the broadcasting time to be made available under section 335 and all eligible parties that have requested broadcasting time under section 339 in the proportion that their allocated or requested purchasable broadcasting time bears to the total broadcasting time allocated or requested under those sections.

Free time not election expense

(3) The value of free broadcasting time made available to a registered party under this section shall not be taken into consideration in calculating its election expenses within the meaning of section 407.

Determination of population reached

(4) For the purpose of subsection (1), a network is deemed to reach

(a) people resident within the areas served by broadcasting stations affiliated to the network that

(i) in the case of A.M. radio stations, are enclosed by the night-time interference-free official contour of the stations,

(ii) in the case of F.M. radio stations, are enclosed by the 50 mV per metre official contour of the stations, and

(iii) in the case of television stations, are enclosed by the Grade B official contour of the stations; and

(b) people resident outside the areas described in paragraph (a) to whom the signals of broadcasting stations affiliated to the network are available via distribution undertakings licensed by the Canadian Radio-television and Telecommunications Commission.

Broadcasting Arbitrator to prepare guidelines

346. The Broadcasting Arbitrator shall, not later than two days after the issue of the writs for a general election, prepare and send to the Canadian Radio-television and Telecommunications Commission a set of guidelines respecting

(a) the allocation of or entitlement to broadcasting time under this Act;

(b) the procedures for booking broadcasting time by registered parties and eligible parties; and

C.R.T.C. to prepare and send guidelines

347. The Canadian Radio-television and Telecommunications Commission shall, not later than four days after the issue of the writs for a general election, prepare a set of guidelines respecting the applicability of the Broadcasting Act and the regulations made under that Act to the conduct of broadcasters and network operators in relation to a general election and send them, together with the set of guidelines sent by the Broadcasting Arbitrator under section 346, to all broadcasters and network operators.

Prohibition relating to rates charged

348. No person shall charge a registered party, any other political party or a candidate or a person acting on behalf of any of them,

(a) a rate for broadcasting time made available to the party or candidate, in the period beginning on the issue of the writ and ending at midnight on the day before polling day, that exceeds the lowest rate charged by the person for an equal amount of equivalent time on the same facilities made available to any other person at any time within that period; or

(b) a rate for an advertisement in a periodical publication published or distributed and made public in the period referred to in paragraph (a) that exceeds the lowest rate charged by the person for an equal amount of equivalent advertising space in the same issue of the periodical publication or in any other issue of it that is published or distributed and made public in that period.

PART 17

THIRD PARTY ELECTION ADVERTISING

Definitions

349. The definitions in this section apply in this Part.

"election advertising"
« publicité électorale »

"election advertising" has the same meaning as in section 319.

"election advertising expense"
« dépenses de publicité électorale »

"election advertising expense" means an expense incurred in relation to

(a) the production of an election advertising message; and

(b) the acquisition of the means of transmission to the public of an election advertising message.

"expenses"
« dépenses »

"expenses" means

(a) amounts paid;

(b) liabilities incurred;

(d) amounts that represent the difference between an amount paid or a liability incurred for property and services, other than volunteer labour, and the commercial value of the property and services, when they are provided at less than their commercial value.

"group"
« groupe »

"group" means an unincorporated trade union, trade association or other group of persons acting together by mutual consent for a common purpose.

"third party"
« tiers »

"third party" means a person or a group, other than a candidate, registered party or electoral district association of a registered party.

Spending limit

350. (1) A third party shall not incur election advertising expenses of a total amount of more than $150,000 during an election period in relation to a general election.

Spending limit – electoral district

(2) Not more than $3,000 of the total amount referred to in subsection (1) shall be incurred to promote or oppose the election of one or more candidates in a given electoral district, including by

(a) naming them;

(b) showing their likenesses;

(d) taking a position on an issue with which they are particularly associated.

Expenses re party leader

(3) The limit set out in subsection (2) only applies to an amount incurred with respect to a leader of a registered party or eligible party to the extent that it is incurred to promote or oppose his or her election in a given electoral district.

Spending limit – by-election

(4) A third party shall not incur election advertising expenses of a total amount of more than $3,000 in a given electoral district during the election period of a by-election.

Third party inflation adjustment factor

(5) The amounts referred to in subsections (1), (2) and (4) shall be multiplied by the inflation adjustment factor referred to in section 414 that is in effect on the issue of the writ or writs.

No combination to exceed limit

351. A third party shall not circumvent, or attempt to circumvent, a limit set out in section 350 in any manner, including by splitting itself into two or more third parties for the purpose of circumventing the limit or acting in collusion with another third party so that their combined election advertising expenses exceed the limit.

Advertising must name third party

352. A third party shall identify itself in any election advertising placed by it and indicate that it has authorized the advertising.

Registration requirement for third parties

353. (1) A third party shall register immediately after having incurred election advertising expenses of a total amount of $500 and may not register before the issue of the writ.

Application for registration

(2) An application for registration shall be sent to the Chief Electoral Officer in the prescribed form and shall include

(a) the name, address and telephone number of

(i) if the third party is an individual, the individual,

(ii) if the third party is a corporation, the corporation and the officer who has signing authority for it, and

(iii) if the third party is a group, the group and a person who is responsible for the group;

(b) the signature of the individual, officer or person referred to in subparagraph (a)(i), (ii) or (iii), respectively, as the case may be;

(c) the address and telephone number of the office of the third party where its books and records are kept and of the office to which communications may be addressed; and

(d) the name, address and telephone number of the third party’s financial agent.

Declaration of financial agent to accompany application

(3) An application under subsection (2) must be accompanied by a declaration signed by the financial agent accepting the appointment.

New financial agent

(4) If a third party’s financial agent is replaced, it shall, without delay, provide the Chief Electoral Officer with the new financial agent’s name, address and telephone number and a declaration signed by the new financial agent accepting the appointment.

Trade union or corporation

(5) If the third party is a trade union, corporation or other entity with a governing body, the application must include a copy of the resolution passed by its governing body authorizing it to incur election advertising expenses.

Examination of application

(6) The Chief Electoral Officer shall, without delay after receiving an application, determine whether the requirements set out in subsections (1) to (3) and (5) are met and shall then notify the person who signed the application whether the third party is registered. In the case of a refusal to register, the Chief Electoral Officer shall give reasons for the refusal.

Application rejected

(7) A third party may not be registered under a name that, in the opinion of the Chief Electoral Officer, is likely to be confused with the name of a candidate, registered party, registered third party or eligible party.

Registration ends

(8) The registration of a third party is valid only for the election period during which the application is made, but the third party continues to be subject to the requirement to file an election advertising report under subsection 359(1).

Appointment of financial agent

354. (1) A third party that is required to register under subsection 353(1) shall appoint a financial agent who may be a person who is authorized to sign an application for registration made under that subsection.

Financial agent – ineligible persons

(2) The following persons are not eligible to be a financial agent of a third party:

(a) a candidate or an official agent of a candidate;

(b) a person who is the chief agent, or a registered agent, of a registered party;

(d) a person who is not a Canadian citizen or a permanent resident as defined in subsection 2(1) of the Immigration Act.

Requirement to appoint auditor

355. (1) A third party that incurs election advertising expenses in an aggregate amount of $5,000 or more must appoint an auditor without delay.

Eligibility criteria

(2) The following are eligible to be an auditor for a third party:

(a) a person who is a member in good standing of a corporation, an association or an institute of professional accountants; or

(b) a partnership every partner of which is a member in good standing of a corporation, an association or an institute of professional accountants.

Ineligibility criteria

(3) The following persons are not eligible to be an auditor for a third party:

(a) the third party’s financial agent;

(b) a person who signed the application made under subsection 353(2);

(d) a candidate;

(e) the official agent of a candidate;

(f) the chief agent of a registered party or an eligible party; and

(g) a registered agent of a registered party.

Notification of appointment

(4) Every third party, without delay after an auditor is appointed, must provide the Chief Electoral Officer with the auditor’s name, address, telephone number and occupation and a signed declaration accepting the appointment.

New auditor

(5) If a third party’s auditor is replaced, it must, without delay, provide the Chief Electoral Officer with the new auditor’s name, address, telephone number and occupation and a signed declaration accepting the appointment.

Registry of third parties

356. The Chief Electoral Officer shall maintain, for the period that he or she considers appropriate, a registry of third parties in which is recorded, in relation to each third party, the information referred to in subsections 353(2) and 355(4) and (5).

Authorization by financial agent for expenses, etc.

357. (1) Every contribution made during an election period to a registered third party for election advertising purposes must be accepted by, and every election advertising expense incurred on behalf of a third party must be authorized by, its financial agent.

Delegation

(2) A financial agent may authorize a person to accept contributions or incur election advertising expenses, but that authorization does not limit the responsibility of the financial agent.

Prohibited use of certain contributions

(3) No third party shall use a contribution for election advertising if the third party does not know the name and address of the contributor or is otherwise unable to determine within which class of contributor referred to in subsection 359(6) they fall.

Prohibition – use of foreign contributions

358. No third party shall use a contribution for election advertising purposes if the contribution is from

(a) a person who is not a Canadian citizen or a permanent resident as defined in subsection 2(1) of the Immigration Act;

(b) a corporation or an association that does not carry on business in Canada;

(d) a foreign political party; or

(e) a foreign government or an agent of one.

Election advertising report

359. (1) Every third party that is required to be registered in accordance with subsection 353(1) shall file an election advertising report in the prescribed form with the Chief Electoral Officer within four months after polling day.

Contents of report

(2) An election advertising report shall contain

(a) in the case of a general election,

(i) a list of election advertising expenses referred to in subsection 350(2) and the time and place of the broadcast or publication of the advertisements to which the expenses relate, and

(ii) a list of all election advertising expenses other than those referred to in subparagraph (i) and the time and place of broadcast or publication of the advertisements to which the expenses relate; and

(b) in the case of a by-election, a list of election advertising expenses referred to in subsection 350(4) and the time and place of the broadcast or publication of the advertisements to which the expenses relate.

When no expenses

(3) If a third party has not incurred expenses referred to in paragraph (2)(a) or (b), that fact shall be indicated in its election advertising report.

Contributions

(4) The election advertising report shall include

(a) the amount, by class of contributor, of contributions for election advertising purposes that were received in the period beginning six months before the issue of the writ and ending on polling day;

(b) for each contributor who made contributions of a total amount of more than $200 for election advertising purposes during the period referred to in paragraph (a), subject to paragraph (b.1), their name, address and class, and the amount and date of each contribution;

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

(c) the amount, other than an amount of a contribution referred to in paragraph (a), that was paid out of the third party’s own funds for election advertising expenses.

Loans

(5) For the purpose of subsection (4), a contribution includes a loan.

Categories

(6) For the purposes of paragraphs (4)(a) and (b), the following are the classes of contributor:

a) individuals;

(b) businesses;

(d) governments;

(e) trade unions;

(f) corporations without share capital other than trade unions; and

(g) unincorporated organizations or associations other than trade unions.

Names must be provided

(7) If the third party is unable to identify which contributions were received for election advertising purposes in the period referred to in paragraph (4)(a), it must list subject to paragraph (b.1) the names and addresses of every contributor who donated a total of more than $200 to it during that period.

Declaration

(8) An election advertising report shall include the signed declarations of the financial agent and, if different, of the person who signed the application made under subsection 353(2) that the report is accurate.

Bills, receipts

(9) A third party shall, at the request of the Chief Electoral Officer, provide the original of any bill, voucher or receipt in relation to an election advertising expense that is in an amount of more than $50.

Auditor’s report

360. (1) The election advertising report of a third party that incurs $5,000 or more in election advertising expenses must include a report made under subsection (2).

Auditor’s report

(2) The third party’s auditor shall report on the election advertising report and shall make any examination that will enable the auditor to give an opinion in the report as to whether the election advertising report presents fairly the information contained in the accounting records on which it is based.

Statement

(3) An auditor shall include in the report any statement that the auditor considers necessary, when

(a) the election advertising report that is the subject of the auditor’s report does not present fairly the information contained in the accounting records on which it is based;

(b) the auditor has not received from the third party all of the required information and explanation; or

Right of access

(4) The auditor shall have access at any reasonable time to all of the documents of the third party, and may require the third party to provide any information or explanation, that, in the auditor’s opinion, is necessary to enable the auditor to prepare the report.

Corrections to election expenses report

361. The Chief Electoral Officer may make a correction in a report referred to in subsection 359(1) if the error does not materially affect the substance of the report.

Publication

362. The Chief Electoral Officer shall, in the manner he or she considers appropriate,

(a) publish the names and addresses of registered third parties, as they are registered; and

(b) publish, within one year after the issue of the writ, reports made under subsection 359(1).

PART 18

FINANCIAL ADMINISTRATION

General Provisions

Definition of "electoral district association"

363. In this Part, "electoral district association" of a political party means an association of members of the political party in an electoral district.

Annual fiscal period

364. The fiscal period of a registered party is the calendar year.

Deeming

365. For the purposes of this Part, a candidate is deemed to have been a candidate from the time he or she accepts a contribution or incurs an electoral campaign expense referred to in section 406.

DIVISION 1

Registration of Political Parties

Application for Registration

Application for registration

366. (1) The leader of a political party may apply to the Chief Electoral Officer for the political party to become a registered party.

Contents of application

(2) An application for registration must include

(a) the full name of the political party;

b) the short-form name of the party, or its abbreviation, if any, that is to be shown in election documents;

(d) the name and address of the leader of the party;

(e) the address of the office of the party where records are maintained and to which communications may be addressed;

(f) the names and addresses of the officers of the party;

(g) the name and address of the appointed auditor of the party and their signed consent to act;

(h) the name and address of the party’s chief agent and his or her signed consent to act; and

(i) the names, addresses and signatures of 100 electors who are members of the party.

Withdrawal of application

367. A leader who has made an application under subsection 366(1) may withdraw it at any time before registration by sending a signed request to that effect to the Chief Electoral Officer.

Eligibility for registration

368. A political party whose leader has made an application under subsection 366(1) becomes eligible for registration if

(a) its name, short-form name, abbreviation or logo does not

(i) so resemble the name, short-form name, abbreviation or logo of a registered party or an eligible party that it would, in the Chief Electoral Officer’s opinion, likely be confused with it, or

(ii) include the word "independent" or a word that so resembles "independent" that it would, in the Chief Electoral Officer’s opinion, likely be confused with it;

(b) the party has appointed a chief agent and an auditor; and

(c) the Chief Electoral Officer is satisfied that the party has provided the information required under subsection 366(2).

Notification of eligibility

369. (1) The Chief Electoral Officer shall inform the leader of a political party that has applied to become registered as soon as practicable after the day on which the application is received, whether or not the party is eligible for registration under section 368.

Loss of eligibility

(2) A political party that, having been informed of its eligibility under subsection (1), contravenes any of sections 371 and 376 to 381, subsections 382(1), (3) and (4) and 383(1) and section 384 loses its eligibility to become a registered party.

Registration

370. (1) An eligible party becomes a registered party if it has candidates whose nomination has been confirmed in 50 electoral districts for a general election and its application to become registered was made 60 days before the issue of the writs for the general election and has not been withdrawn.

Late application

(2) A political party that makes its application after the 60 days referred to in subsection (1) becomes a registered party for the next following general election if it satisfies the requirements of that subsection.

Notification of registration

(3) The Chief Electoral Officer shall, as soon as practicable after the 48-hour period following the closing of nominations, inform the leader of an eligible party whether or not the party has been registered in accordance with subsection (1).

Loss of eligibility

(4) An eligible party loses its eligibility on being informed, under subsection (3), that it has not been registered.

Eligible party deemed registered

(5) For the purposes of sections 407, 422, 429 and 435, an eligible party that becomes registered under subsection (1) is deemed to have been registered from the issue of the writs for that election.

Report on agents of eligible parties

371. An eligible party shall, within 30 days after being informed, under subsection 369(1), of its eligibility, provide the Chief Electoral Officer with a written report, certified by its leader or chief agent, containing the name and address of any person appointed as its registered agent and any terms and conditions to which the appointment is subject. The Chief Electoral Officer shall, on the registration of the eligible party, register that information in the registry of parties.

Statement of assets and liabilities

372. Within six months after becoming a registered party, the registered party shall provide the Chief Electoral Officer with

(a) a statement, prepared in accordance with generally accepted accounting principles, of its assets and liabilities, including any surplus or deficit, as of the effective date of the registration;

(b) a report on that statement made by the registered party’s auditor to its chief agent that contains the auditor’s opinion as to whether that statement presents fairly and in accordance with generally accepted accounting principles the information on which it is based; and

Adjustment of fiscal period for newly registered party

373. Without delay after becoming registered, a political party shall, if necessary, vary its fiscal period so that it ends at the end of the calendar year. The then current fiscal period may not be less than 6 months or more than 18 months.

Registry of parties

374. The Chief Electoral Officer shall maintain a registry of parties that contains the information referred to in paragraphs 366(2)(a) to (h) and in subsections 375(3) and 390(3).

Registered Agents and Auditors

Registered agents

375. (1) A registered party may, subject to any terms and conditions that it specifies, appoint persons to act as its registered agents.

Electoral district agents

(2) On the recommendation of an electoral district association of a registered party, the registered party may appoint a person, to be known as an electoral district agent, to exercise the powers and perform the duties of a registered agent of the registered party in the electoral district.

Report of appointment

(3) Within 30 days after an appointment of a person as a registered agent, the registered party shall provide the Chief Electoral Officer with a written report, certified by its leader or chief agent, that includes the person’s name and address and any terms and conditions to which the appointment is subject. The Chief Electoral Officer shall enter that information in the registry of parties.

Agents – eligible corporations

376. (1) A corporation incorporated under the laws of Canada or a province is eligible to be

(a) a chief agent or a registered agent of a registered party; or

(b) a chief agent or an agent of an eligible party.

Agents – ineligible persons

(2) The following persons are not eligible to be a chief agent, a registered agent or an agent:

(a) an election officer;

(b) an auditor appointed as required by this Act;

(d) a person who does not have the capacity to enter into contracts in the province in which the person ordinarily resides.

Auditor – eligibility

377. (1) Only the following are eligible to be an auditor for a registered party or an eligible party:

(a) a person who is a member in good standing of a corporation, an association or an institute of professional accountants; or

(b) a partnership of which every partner is a member in good standing of a corporation, an association or an institute of professional accountants.

Auditor – ineligible persons

(2) The following persons are not eligible to be an auditor:

(a) an election officer;

(b) a candidate;

(d) a chief agent of a registered party or an eligible party; and

(e) a registered agent of a registered party.

Consent

378. A registered party or an eligible party shall obtain from a chief agent or auditor, on appointment, their signed consent to so act.

Death, incapacity, resignation or revocation

379. (1) In the event of the death, incapacity, resignation or revocation of the appointment of its chief agent or auditor, a registered party or eligible party shall without delay appoint a replacement.

Report of appointment

(2) Within 30 days after the appointment of a replacement under subsection (1), a registered party or eligible party shall inform the Chief Electoral Officer of it by providing a report under subsection 382(1).

Only one chief agent and auditor

380. A registered party or eligible party shall have only one chief agent and one auditor at a time.

Prohibition – agents

381. (1) No person who is not eligible to be a chief agent or registered agent of a registered party or of an eligible party shall so act.

Prohibition – auditor

(2) No person who is not eligible to be an auditor of a registered party or an eligible party shall so act.

Change of Information in Registry of Parties

Changes in registered information

382. (1) Within 30 days after a change in the information referred to in subsection 366(2), a registered party or eligible party shall report the change in writing to the Chief Electoral Officer. The report must be certified by the party’s leader.

New name, abbreviation or logo

(2) A report of a change in the information referred to in paragraphs 366(2)(a) to (c) must include a copy of the resolution of the party to make the change. If the changed information complies with subparagraph 368(a)(i) or (ii), the change is deemed to be effective as of

(a) the day after polling day, in the case of a report made during an election period; and

(b) the day on which the report was made, in any other case.

New leader

(3) A report of a change of leader for a party must include a copy of the resolution of the party to appoint the new leader, certified by the new leader and another officer of the party.

New auditor or chief agent

(4) A report under subsection (1) that involves the replacement of the auditor or chief agent must include a copy of the signed consent under section 378.

Registration of change

(5) The Chief Electoral Officer shall enter any change in the information referred to in this section in the registry of parties.

Confirmation of information at general election

383. (1) A registered party and an eligible party shall, not later than 10 days after the issue of the writs for a general election, provide the Chief Electoral Officer with

(a) a statement certified by its leader confirming the validity of the information on the party in the registry of parties; or

(b) if there is a change in that information, the report referred to in subsection 382(1).

Endorsement of candidates

(2) A registered party and an eligible party, whose leader designates representatives to endorse candidates at a general election, shall include with the statement or report referred to in subsection (1) a statement certified by its leader that sets out the names of the designated representatives.

Confirmation of registration yearly

384. On or before June 30 of every year, a registered party and an eligible party shall provide the Chief Electoral Officer with

(a) a statement certified by its leader confirming the validity of the information on that party in the registry of parties; or

(b) if there is a change in that information, the report made under subsection 382(1) on the change.

Suspension and Deregistration of Registered Parties

Suspension – less than 50 candidates

385. The Chief Electoral Officer shall suspend the registration of a registered party that, after notice of confirmation of nomination is given under subsection 71(1), has not endorsed a candidate in at least 50 electoral districts in a general election.

Suspension – failure to provide documents

386. The Chief Electoral Officer may suspend the registration of a registered party if the registered party fails to provide

(a) confirmation under subsection 383(1) or section 384 of the validity of the registered information;

(b) a report in accordance with subsection 382(2) on a change in the registered information on its name, short-form name, abbreviation or logo mentioned in paragraphs 366(2)(a) to (c);

(d) any of the documents referred to in subsection 379(2) or 382(1) or (4) with respect to a replacement of its auditor or chief agent;

(e) a report under subsection 375(3) on the appointment of a registered agent;

(f) a report under subsection 382(1) on a change in any other registered information; or

(g) any of the documents referred to in paragraphs 372(a) to (c).

Suspension – failure to file return and auditor’s report

387. The Chief Electoral Officer may suspend a registered party if its chief agent fails to provide the Chief Electoral Officer

(a) for a fiscal year, with a document in accordance with subsection 424(1); or

(b) for a general election, with a document in accordance with subsection 429(1).

Suspension – voluntary deregistration

388. On application, other than during the election period of a general election, by a registered party to become deregistered, signed by the leader and any two officers of the registered party, the Chief Electoral Officer may suspend the registered party.

Procedure for non-voluntary deregistration

389. (1) If the Chief Electoral Officer believes on reasonable grounds that a registered party, its leader, its chief agent or one of its other officers has omitted to do anything referred to in section 386 or 387, the Chief Electoral Officer shall, in writing, notify the party and any of its officers who are named in the registry of parties that the party or officer must

(a) rectify the omission by the discharge of those obligations under section 386 or 387,

(i) within 5 days after receipt of the notice, in the case of a failure to comply with subsection 383(1), or

(ii) within 30 days after receipt of the notice, in any other case; or

(b) satisfy the Chief Electoral Officer that the omission was not the result of negligence or a lack of good faith.

Extension or exemption

(2) If paragraph (1)(b) applies, the Chief Electoral Officer may amend the notice by

(a) exempting, in whole or in part, the recipients of the notice from complying with the obligations referred to in section 386 or 387; or

(b) specifying a period for compliance with the requirements referred to in subparagraph (1)(a)(i) or (ii), as the case may be.

Suspension

(3) The Chief Electoral Officer may suspend a registered party if its leader, its chief agent or one of its officers fails to comply with a notice referred to in subsection (1), or amended notice under subsection (2).

Notice of suspension

390. (1) If a registered party is suspended, the Chief Electoral Officer shall without delay cause a notice of suspension to be published in the Canada Gazette.

Copies

(2) The Chief Electoral Officer shall send copies of the notice of suspension to the leader, the chief agent and any other officer of the registered party set out in the registry of parties.

Entry of suspension in registry of parties

(3) The Chief Electoral Officer shall indicate the suspension of the registered party in the registry of parties.

Status of suspended party

391. On the publication of a notice of its suspension, a suspended party is deemed to no longer be a registered party.

Fiscal period and returns

392. The chief agent of a suspended party shall, within six months after the publication of the notice of suspension, provide the Chief Electoral Officer with

(a) the documents referred to in subsection 424(1) for

(i) the portion of its current fiscal period that ends on the day before the day on which the notice of suspension was published, and

(ii) any earlier fiscal period for which those documents have not already been provided under that subsection; and

(b) the documents referred to in subsection 429(1), for any general election for which those documents have not already been provided under that subsection.

Audited statement of value of assets

393. The chief agent shall provide, together with the return on financial transactions required by subparagraph 392(a)(i),

(a) a statement, prepared in accordance with generally accepted accounting principles, of the fair market value of the suspended party’s assets and liabilities as of the date of publication of the notice of suspension mentioned in section 392;

(b) a report on that statement made by the suspended party’s auditor to the chief agent containing the auditor’s opinion as to whether the statement presents, in accordance with generally accepted accounting principles the fair market value of those assets and liabilities; and

Application by suspended party

394. (1) Section 397 does not apply to a suspended party referred to in section 385 if

(a) the statement provided under paragraph 393(a) discloses a net balance of assets over liabilities; and

(b) within six months after the publication of the notice of suspension, the leader of the suspended party applies under section 366 for it to be registered.

Declaration

(2) An application referred to in paragraph (1)(b) must include a declaration, signed by the leader of the suspended party, that states that the suspended party intends to endorse candidates in subsequent general elections.

Annual fiscal period

395. The fiscal period of a suspended party referred to in subsection 394(1) is the calendar year.

Statements of expenses, auditor’s reports and declaration

396. (1) The chief agent of a suspended party referred to in subsection 394(1) shall provide the Chief Electoral Officer with

(a) a statement of the party’s expenses for the portion of the current fiscal period after the portion described in subparagraph 392(a)(i) and for each subsequent fiscal period;

(b) a report as to whether, in the auditor’s opinion, the statements present fairly the information on which they are based; and

Period to provide statement

(2) Each statement and other document referred to in subsection (1) shall be provided within six months after the end of the fiscal period to which they relate.

No return when expenses more than net balance

(3) The requirement to provide a statement of expenses under subsection (1) ceases at the end of the fiscal period in which the total expenses incurred by the party after the provision of documents under subparagraph 392(a)(i) is more than the net balance of assets over liabilities disclosed in those documents.

Remittance of net balance to Receiver General

397. (1) Within three months after providing the documents referred to in subparagraph 392(a)(i) and section 393, the chief agent of the suspended party shall remit an amount equal to any net balance of the suspended party’s assets over liabilities, calculated on the basis of the statement mentioned in paragraph 393(a) to the Chief Electoral Officer who shall forward that amount to the Receiver General.

Disposition of assets below value

(2) The chief agent of the suspended party is liable for the remittance of an amount equal to the net balance of its assets over liabilities referred to in subsection (1).

Deregistration – suspended party

398. (1) The Chief Electoral Officer shall deregister a suspended party, other than a suspended party that satisfies the conditions set out in subsection 394(1), on the day on which the Chief Electoral Officer receives

(a) the documents referred to in section 392, if the return under subparagraph 392(a)(i) discloses no net balance of assets over liabilities; or

(b) the amount remitted under subsection 397(1), in any other case.

Deregistration – s. 394(1) suspended parties

(2) The Chief Electoral Officer shall deregister a suspended party that satisfies the conditions set out in subsection 394(1) on the day

(a) that is six months after the end of the period for providing the documents referred to in subsection 396(1), if they have not been provided;

(b) after which the requirement to provide a statement of expenses ceases to apply by virtue of subsection 396(3);

(d) that is 48 hours after the closing of nominations for candidates in a subsequent general election, if the suspended party has not endorsed candidates in that general election.

Remittance of remaining balance or initial surplus

399. (1) A suspended party referred to in paragraph 398(2)(a) shall remit to the Chief Electoral Officer the amount of any net balance of its assets over liabilities as disclosed by

(a) the immediately preceding statement of the party’s expenses provided under paragraph 396(1)(a); or

(b) the statement provided under paragraph 393(a), if the statement referred to in paragraph (a) has not been provided.

The Chief Electoral Officer shall forward the amount remitted to the Receiver General.

Remittance – eligible party

(2) A suspended party referred to in paragraph 398(2)(c) or (d) shall

(a) provide the Chief Electoral Officer with the statement and other documents referred to in subsection 396(1) for the portion of its current fiscal period since the end of the fiscal period for which it last provided such a statement or, if no such statement has been provided, the date on which the statement referred to in paragraph 393(a) was provided; and

(b) remit to the Chief Electoral Officer, who shall forward it to the Receiver General, the amount of any net balance of its assets over liabilities as disclosed by the statement provided under paragraph (a).

When statement to be provided

(3) A statement shall be provided under paragraph (2)(a) within six months after the deregistration of the suspended party.

Period for remittance

(4) A remittance under subsection (1) or paragraph (2)(b) shall be made within three months after the statement referred to in subsection (3) is provided.

Liability of chief agent

(5) The chief agent of the suspended party is liable for the remittance of an amount equal to the net balance of its assets over liabilities referred to in subsection (1) or paragraph (2)(b).

Merger of Registered Parties

Merger application

400. (1) Two or more registered parties may, at any time other than during the period beginning 30 days before the issue of a writ for an election and ending on polling day, apply to the Chief Electoral Officer to become a single registered party resulting from their merger.

Contents

(2) An application to merge two or more registered parties must

(a) be certified by the leaders of the merging parties;

(b) be accompanied by a resolution from each of the merging parties approving the proposed merger; and

(c) contain the information required from a party to be registered, except for the information referred to in paragraph 366(2)(i).

Registration for eligible merged parties

401. (1) The Chief Electoral Officer shall amend the registry of parties by replacing the names of the merging parties with the name of the merged party if

(a) the application for the merger was not made in the period referred to in subsection 400(1); and

(b) the Chief Electoral Officer is satisfied that

(i) the merged party is eligible for registration as a political party under this Act, and

(ii) the merging parties have discharged their obligations under this Act, including their obligations to report on their financial transactions and their election expenses and to maintain valid and up-to-date information concerning their registration.

Notice

(2) The Chief Electoral Officer shall notify the officers of the merging parties in writing whether the registry of parties is to be amended under subsection (1).

Notice in Canada Gazette

(3) If the Chief Electoral Officer amends the registry of parties, he or she shall cause to be published in the Canada Gazette a notice that the names of the merging parties have been replaced in the registry with the name of the merged party.

Effective date of merger

402. (1) A merger of registered parties takes effect on the day on which the Chief Electoral Officer amends the registry of parties under subsection 401(1).

Consequences of merger

(2) On the merger of two or more registered parties,

(a) the merged party is the successor of each merging party;

(b) the merged party becomes a registered party;

(d) the merged party is responsible for the liabilities of each merging party;

(e) the merged party is responsible for the obligations of each merging party to report on its financial transactions and election expenses for any period before the merger took effect;

(f) the merged party replaces a merging party in any proceedings, whether civil, penal or administrative, by or against the merging party; and

(g) any decision of a judicial or quasi-judicial nature involving a merging party may be enforced by or against the merged party.

Returns

403. Within six months after a merger

(a) each of the merging parties shall provide the Chief Electoral Officer with the documents referred to in subsection 424(1) for

(i) the portion of its current fiscal period that ends on the day before the day on which the merger takes effect, and

(ii) any earlier fiscal period for which those documents have not been provided; and

(b) the merged party shall provide the Chief Electoral Officer with

(i) a statement, prepared in accordance with generally accepted accounting principles, of its assets and liabilities, including any surplus or deficit, at the date of the merger,

(ii) an auditor’s report, submitted to the chief agent of the merged party, as to whether the statement presents fairly and in accordance with generally accepted accounting principles the information on which it was based, and

(iii) a declaration in the prescribed form by the chief agent of the merged party concerning the statement.

S.C 2001, c. 21, s. 21.

DIVISION 2

General Financial Provisions

Contributions

Ineligible contributors

404. (1) The following are not eligible to make a contribution to a registered party, to one of its trust funds, to an electoral district association or to a candidate:

(a) a person who is not a Canadian citizen or a permanent resident as defined in subsection 2(1) of the Immigration Act;

(b) a corporation or an association that does not carry on business in Canada;

(d) a foreign political party; and

(e) a foreign government or an agent of one.

Return of contribution or payment to Receiver General

(2) Where a contribution is received from an ineligible contributor, the chief agent of the registered party or official agent of the candidate, as the case may be, shall, within 30 days after becoming aware of the ineligibility, 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 value, to the Chief Electoral Officer who shall forward that amount to the Receiver General.

Prohibition – making contributions

405. (1) No person or entity shall make a contribution to a registered party that comes from money, property or the services of another person or entity.

Exception

(2) Subsection (1) does not apply to the registered party’s electoral district associations, to trust funds established for the election of a candidate endorsed by the registered party or to candidates endorsed by the registered party who transfer contributions to the registered party.

Prohibition – accepting contributions

(3) No person, other than a chief agent or registered agent of a registered party, shall accept contributions to the registered party.

Expenses

Candidate’s expenses for electoral campaign

406. An electoral campaign expense of a candidate is an expense reasonably incurred as an incidence of the election, including

(a) an election expense;

(b) a personal expense; and

(c) any fees of the candidate’s auditor, and any costs incurred for a recount of votes cast in the candidate’s electoral district, that have not been reimbursed by the Receiver General.

Election expenses

407. (1) An election expense includes any cost incurred, or non-monetary contribution received, by a registered party or a candidate, to the extent that the property or service for which the cost was incurred, or the non-monetary contribution received, is used to directly promote or oppose a registered party, its leader or a candidate during an election period.

Exclusions – certain fund-raising and nominations

(2) Expenses for a fund-raising activity and expenses to directly promote the nomination of a person as a candidate or as leader of a registered party, other than expenses referred to in paragraph (3)(a) that are related to such fund-raising and promotional activities, are not election expenses under subsection (1).

Inclusions

(3) An election expense referred to in subsection (1) includes a cost incurred for, or a non-monetary contribution in relation to,

(a) the production of advertising or promotional material and its distribution, broadcast or publication in any media or by any other means;

(b) the payment of remuneration and expenses to or on behalf of a person for their services as an official agent, registered agent or in any other capacity;

(d) any product or service provided by a government, a Crown corporation or any other public agency.

Definition of "cost incurred"

(4) In subsection (1), "cost incurred" means an expense that is incurred by a registered party or a candidate, whether it is paid or unpaid.

Contributions for ticketed fund-raising functions

408. If a fund-raising activity is held for the primary purpose of soliciting a monetary contribution for a registered party or a candidate by way of selling a ticket, the amount of the monetary contribution received is the difference between the price of the ticket and the fair market value of what the ticket entitles the bearer to obtain.

Personal expenses of a candidate

409. (1) Personal expenses of a candidate are his or her electoral campaign expenses, other than election expenses, that are reasonably incurred in relation to his or her campaign and include

(a) travel and living expenses;

(b) childcare expenses;

(c) expenses relating to the provision of care for a person with a physical or mental incapacity for whom the candidate normally provides such care; and

(d) in the case of a candidate who has a disability, additional personal expenses that are related to the disability.

Categories and maximums

(2) The Chief Electoral Officer may establish categories of personal expenses and fix maximum amounts that may be incurred for expenses in each category.

Evidence of payment – under $50

410. (1) Where an expense of $50 or more was incurred under this Act on behalf of a registered party and paid by the chief agent, registered agent or person authorized under subsection 411(1) or on behalf of a candidate and paid by the official agent of the candidate or person authorized under that subsection, the chief agent, registered agent, official agent or authorized person, as the case may be, must keep a copy of the invoice prepared by the person who provided the good or service to which the expense relates together with proof that it was paid.

Evidence of payment – under $50

(2) Where an expense of less than $50 was incurred and paid as described in subsection (1), the person who made the payment must keep a record of the nature of the expense together with proof that it was paid.

Petty expenses

411. (1) A person may pay a petty expense incurred for office supplies, postage, courier services and other incidental expenses under the written authorization of

(a) a registered agent of a registered party, as an expense incurred by the registered party; or

(b) the official agent of a candidate, as an expense incurred for the candidate’s electoral campaign.

Authorized maximum

(2) The written authorization referred to in subsection (1) must specify a maximum amount for the total of petty expenses that the person is authorized to pay.

Statement and evidence of payment

(3) A person who is authorized to pay a petty expense shall provide the registered agent or official agent who authorized it with the documentation referred to in section 410 within three months after

(a) in the case of a petty expense incurred on behalf of a registered party, the day on which it is incurred; or

(b) in the case of a petty expense incurred on behalf of a candidate, polling day.

Prohibition

(4) No person who is authorized to pay petty expenses shall, in total, pay more than the maximum amount of petty expenses that the person is authorized to pay.

Publication of electoral campaign returns and election expense returns

412. (1) The Chief Electoral Officer shall, in the manner that he or she considers appropriate, publish the original election expenses returns of registered parties and electoral campaign returns of candidates and any updated versions of those returns

(a) in the case of an original return, within one year after the issue of a writ for an election; and

(b) in the case of an updated return, as soon as practicable after he or she receives it.

Publication of returns on financial transactions

(2) The Chief Electoral Officer shall, in the manner that he or she considers appropriate, publish the return on financial transactions of a registered party and any updated version of it, as soon as practicable after he or she receives the return or updated return.

Summary of return on candidates’ election expenses

(3) As soon as practicable after receiving an electoral campaign return for each candidate in an electoral district, the Chief Electoral Officer shall, in the manner that he or she considers appropriate, publish a summary report or updated version of one which shall include the maximum election expenses allowed for the electoral district and, for each candidate,

(a) the total election expenses;

(b) the total personal expenses;

(d) the name of the official agent;

(e) the name of the auditor; and

(f) if it applies, an indication that the auditor’s report on a return was qualified.

Publication of returns and statements of expenses of suspended parties

(4) As soon as practicable after receiving a return on financial transactions under subparagraph 392(a)(i) or a statement of expenses under paragraph 396(1)(a) from a suspended party, the Chief Electoral Officer shall publish it in the manner that he or she considers appropriate.

Delivery to returning officers

413. (1) The Chief Electoral Officer shall, as soon as practicable after receiving the documents referred to in subsection 451(1) for an electoral district, deliver a copy of them to the returning officer for the electoral district.

Public availability

(2) A returning officer who receives documents under subsection (1) shall, on request, make them available for six months during reasonable times for public inspection. Copies may be obtained for a fee of up to $0.25 per page.

Retention

(3) A returning officer who receives documents under subsection (1) shall retain them for three years after the six-month period mentioned in subsection (2) or any shorter period that the Chief Electoral Officer considers appropriate.

Inflation Adjustment Factor

Inflation adjustment factor

414. Before April 1 in each year, the Chief Electoral Officer shall cause to be published in the Canada Gazette an inflation adjustment factor that shall be in effect for a period of one year beginning on that date. It shall be a fraction with

(a) a numerator that is the annual average Consumer Price Index, as published by Statistics Canada under the authority of the Statistics Act, for the calendar year immediately before that date, calculated on the basis of 1992 being equal to 100; and

(b) a denominator that is 108.6, which is the annual average Consumer Price Index, as published by Statistics Canada under the authority of the Statistics Act, for 1998, calculated on the basis of 1992 being equal to 100.

DIVISION 3

FINANCIAL ADMINISTRATION OF REGISTERED PARTIES

General

Duty of chief agent

415. The chief agent of a registered party is responsible for administering its financial transactions and for reporting on them, in accordance with the provisions of this Act.

Prohibition – paying expenses

416. (1) No person or entity, other than the chief agent of a registered party or one of its registered agents or a person authorized under subsection 411(1), shall pay the registered party’s expenses.

Prohibition – incurring expenses

(2) No person or entity, other than the chief agent of a registered party or one of its registered agents, shall incur the registered party’s expenses.

Processing of Expense Claims

Three months to send expense claims

417. (1) A person with a claim to be paid for an expense of a registered party shall, within three months after the expense was incurred, send the invoice or other document evidencing the claim to the registered party or one of its registered agents.

Bar to recovery

(2) A claimant is barred from recovery of a claim that is sent after the three-month period.

Deceased claimant

(3) If a claimant dies before the end of the three-month period, a new three-month period begins, for the purposes of subsection (1), on the day on which the claimant’s legal representative becomes entitled to act for the claimant.

Payment within six months

418. A claim that has been sent in accordance with section 417 must be paid within six months after payment of it is due.

Irregular claims or payments – Chief Electoral Officer

419. (1) On the written application of a claimant with a claim to be paid for an expense of a registered party or registered agent, the Chief Electoral Officer may, on being satisfied that there are reasonable grounds for so doing, in writing authorize the registered agent of the registered party to pay the amount claimed if

(a) the claim was not sent in accordance with subsection 417(1); or

(b) the payment was not made in accordance with section 418.

Terms and conditions

(2) The Chief Electoral Officer may fix any term or condition that he or she considers appropriate on a payment authorized under subsection (1).

Irregular claims or payments – judge

420. On the application of a person who has a claim to be paid for an expense of a registered party or of a registered agent of the registered party, a judge who is competent to conduct a recount, on being satisfied that there are reasonable grounds for so doing, may by order authorize the registered agent to pay the amount claimed if

(a) the applicant establishes that an authorization under subsection 419(1) has been refused and that the claim was sent after the three-month period mentioned in subsection 417(1) or the payment has not been made in the six-month period mentioned in section 418; or

(b) the amount claimed has not been paid in accordance with an authorization obtained from the Chief Electoral Officer under subsection 419(1) and the applicant establishes that he or she was unable to comply with that authorization for reasons beyond his or her control.

Proceeding to recover claimed payments

421. (1) A person who has sent a claim in accordance with section 417 may commence proceedings in a court of competent jurisdiction to recover any unpaid amount

(a) at any time, if the registered agent refuses to pay that amount or disputes that it is payable; or

(b) after the end of the period mentioned in section 418 or any extension of that period authorized by subsection 419(1) or section 420, in any other case.

Payment deemed properly made

(2) An amount paid by a registered agent of a registered party as a result of proceedings referred to in subsection (1) is deemed to have been paid in accordance with this Act.

Maximum Election Expenses

Maximum election expenses

422. (1) The maximum amount that is allowed for election expenses of a registered party for an election is the product of

(a) $0.62 multiplied by the number of names on the preliminary lists of electors for electoral districts in which the registered party has endorsed a candidate or by the number of names on the revised lists of electors for those electoral districts, whichever is greater, and

(b) the inflation adjustment factor published by the Chief Electoral Officer under section 414 that is in effect on the date of the issue of the writs for the election.

Amounts not included in election expenses

(2) For the purpose of subsection (1), an election expense of a registered party does not include

(a) a contribution made by or on behalf of it for the use of candidates in the election; or

(b) an expense incurred by it through a registered agent or person authorized under subsection 411(1) who was not acting within the scope of the registered agent’s authority.

Prohibition – election expenses

423. (1) No chief agent of a registered party shall incur election expenses on its behalf the total amount of which is more than the maximum amount calculated under section 422.

Prohibition – collusion

(2) No registered party and no third party, within the meaning of section 349, shall collude with each other for the purpose of circumventing the maximum amount referred to in subsection (1).

Financial Reporting

Return on financial transactions

424. (1) For each fiscal period of a registered party, its chief agent shall provide the Chief Electoral Officer with

(a) a financial transactions return, substantially in the prescribed form, on the registered party’s financial transactions;

(b) the auditor’s report on the financial transactions return made under subsection 426(1);

(d) a trust fund return prepared under section 428 and the auditor’s report on it made under subsection 426(1).

Contents of return

(2) A financial transactions return must set out

(a) a statement of contributions received from 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;

(b) the number of contributors in each class listed in paragraph (a);

(c) subject to paragraph (c.1), the name and address of each contributor in a class listed in paragraph (a) who made contributions of a total amount of more than $200 to the registered party for its use, either directly or through one of its electoral district associations or a trust fund established for the election of a candidate endorsed by the registered party, and that total amount;

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

(d) in the absence of information identifying a contributor referred to in paragraph (c) who contributed through an electoral district association, the name and address of every contributor by class referred to in paragraph (a) who made contributions of a total amount of more than $200 to that electoral district association in the fiscal period 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 the contributions had been contributions for the use of the registered party;

(e) a statement of contributions received by the registered party from any of its trust funds;

(f) a statement of the registered party’s assets and liabilities and any surplus or deficit in accordance with generally accepted accounting principles, including a statement of

(i) disputed claims under section 421, and

(ii) unpaid claims that are, or may be, the subject of an application referred to in subsection 419(1) or section 420;

(g) a statement of the registered party’s revenues and expenses in accordance with generally accepted accounting principles;

(h) a statement, for each electoral district, of transfers of funds by the registered party to the candidate endorsed by the registered party, one of its electoral district associations or a trust fund established for the election of the candidate endorsed by the registered party;

(i) a return for election expenses incurred for each by-election during the fiscal period that sets out

(i) expenses incurred by the registered party, whether paid or unpaid, and

(ii) non-monetary contributions used by it;

(j) a statement of loans or security received by the registered party, including any conditions on them; and

(k) a statement of contributions received by the registered party but returned in whole or in part to the contributors or otherwise dealt with in accordance with this Act.

Loans

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

Period for providing documents

(4) The chief agent of a registered party shall provide the Chief Electoral Officer with the documents referred to in subsection (1) within six months after the end of the fiscal period.

When contributions forwarded to Receiver General

425. A registered agent of a registered party shall, without delay, pay an amount of money equal to the value of a contribution received by the registered party, to the Chief Electoral Officer who shall forward it to the Receiver General, if

(a) the registered agent cannot determine to which of the classes specified in paragraph 424(2)(a) the contributor belongs; or

(b) the amount is more than $200 and the name or address of a contributor referred to in paragraph 424(2)(c) or the name of the chief executive officer or president of a contributor referred to in paragraph 424(2)(c.1) is not known.

Auditor’s report

426. (1) The auditor of a registered party shall report to its chief agent on its financial transactions return and trust fund return referred to in section 428 and shall make any examination that will enable the auditor to give an opinion in the report as to whether it presents fairly and in accordance with generally accepted accounting principles the information contained in the financial records on which it is based.

Statement

(2) An auditor shall include in the report under subsection (1) any statement the auditor considers necessary if

(a) the financial transactions return that is the subject of the report does not present fairly and in accordance with generally accepted accounting principles the information contained in the financial records on which it is based;

(b) the auditor has not received from registered agents and officers of the registered party all of the required information and explanation; or

Right of access

(3) The auditor for a registered party shall have access at any reasonable time to all documents of the party, and may require the registered agents and officers of the party to provide any information or explanation that, in the auditor’s opinion, may be necessary to enable the auditor to prepare the report.

Prohibition – financial reports

427. No chief agent of a registered party shall provide the Chief Electoral Officer with a financial transactions return that

(a) the chief agent knows or ought reasonably to know contains a materially false or misleading statement; or

(b) does not substantially set out the information required by subsection 424(2).

Trust Funds

Trust funds

428. (1) If a registered party establishes a trust fund to be used for an election, its chief agent or one of its other registered agents shall prepare a trust fund return in accordance with generally accepted accounting principles on the financial transactions in relation to the trust fund.

Contents of report

(2) A trust fund return must set out

(b) the number of contributors in each class listed in paragraph (a);

(c) subject to paragraph (c.1), the name and address of each contributor in a class listed in paragraph (a) who made contributions of a total amount of more than $200, and that total amount;

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

(d) a statement of contributions received from the registered party, a trust fund established for the election of a candidate endorsed by the registered party or its electoral district associations, by electoral district;

(e) a statement, in accordance with generally accepted accounting principles, of the trust fund’s assets and liabilities and any surplus or deficit;

(f) a statement, in accordance with generally accepted accounting principles, of revenues and expenses;

(g) a statement, for each electoral district, of transfers of funds by the trust fund to an electoral district association, the candidate endorsed by the registered party or a trust fund established for the election of that candidate;

(h) a statement of loans or security received, including any conditions on them; and

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

Loans

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

Election Expenses Reporting

Return on election expenses

429. (1) For a general election, the chief agent of a registered party shall provide the Chief Electoral Officer with

(a) an election expenses return on the registered party’s general election expenses in the general election that substantially is in the prescribed form;

(b) the auditor’s report referred to in subsection 430(1) on that return; and

Contents of return

(2) An election expenses return must set out as an election expense each of

(a) the expenses incurred by the registered party, whether paid or unpaid; and

(b) the non-monetary contributions used by the registered party.

Period for providing documents

(3) The chief agent of a registered party shall provide the documents referred to in subsection (1) to the Chief Electoral Officer within six months after the polling day for the general election.

Auditor’s report on return on election expenses

430. (1) As soon as practicable after a general election, the auditor of a registered party shall report to its chief agent on its return on general election expenses and shall make any examination that will enable the auditor to give an opinion in the report as to whether the report presents fairly and in accordance with generally accepted accounting principles the information contained in the financial records on which the return is based.

Statement

(2) An auditor shall include in the report under subsection (1) any statement the auditor considers necessary if

(a) the return that is the subject of the report does not present fairly the information contained in the financial records on which the return is based;

(b) the auditor has not received from registered agents or officers of the party all the required information and explanation; or

Right of access

(3) The auditor for a registered party shall have access at any reasonable time to all documents of the registered party, and may require the registered agents and officers of the party to provide any information or explanation that, in the auditor’s opinion, may be necessary to enable the auditor to prepare the report.

Prohibitions – true and complete returns

431. No chief agent of a registered party shall provide the Chief Electoral Officer with a return on the registered party’s general election expenses that

(a) the chief agent knows or ought reasonably to know contains a materially false or misleading statement; or

(b) does not substantially set out the information required by subsection 429(2).

Corrections and Extended Reporting Periods

Minor corrections – Chief Electoral Officer

432. (1) The Chief Electoral Officer may correct a document referred to in subsection 424(1) or 429(1) if the correction does not materially affect its substance.

Corrections at request of Chief Electoral Officer

(2) The Chief Electoral Officer may in writing request a registered party to correct, within a specified period, a document referred to in subsection 424(1) or 429(1).

Extension or correction – Chief Electoral Officer

433. (1) The Chief Electoral Officer, on the written application of the chief agent of a registered party or, if there is no chief agent, its leader, may authorize

(a) the extension of a period provided in subsection 424(4) or 429(3); or

(b) the correction, within a specified period, of a document referred to in subsection 424(1) or 429(1).

Deadline

(2) An application may be made

(a) under paragraph (1)(a), within the period provided in subsection 424(4) or 429(3), as the case may be; and

(b) under paragraph (1)(b), as soon as the applicant becomes aware of the need for correction.

Grounds

(3) The Chief Electoral Officer may not authorize an extension or correction unless he or she is satisfied by the evidence submitted by the applicant that the circumstances giving rise to the application arose by reason of

(a) the absence, death, illness or misconduct of the chief agent or a predecessor;

(b) the absence, death, illness or misconduct of a registered agent of the registered party or of an agent, a clerk or an officer of the chief agent, or a predecessor of one of them; or

Extension or correction – judge

434. (1) The chief agent of a registered party or, if there is no chief agent, its leader, may apply to a judge who is competent to conduct a recount for an order

(a) relieving the party from complying with a request referred to in subsection 432(2); or

(b) authorizing an extension referred to in paragraph 433(1)(a) or correction referred to in paragraph 433(1)(b).

The applicant shall notify the Chief Electoral Officer of the application.

Deadline

(2) An application may be made

(a) under paragraph (1)(a), within the specified period referred to in subsection 432(2) or within the two weeks after the expiration of that period; or

(b) under paragraph (1)(b), within two weeks after, as the case may be,

(i) the rejection of an application, made in accordance with section 433, for the extension or correction, or

(ii) the expiration of the extended period or specified period authorized under paragraph 433(1)(a) or (b).

Grounds

(3) A judge may not grant an order unless he or she is satisfied that the circumstances giving rise to the application arose by reason of one of the factors referred to in paragraph 433(3)(a) to (c).

Contents of order

(4) An order may require that the applicant satisfy any condition that the judge considers necessary for carrying out the purposes of this Act.

Date of authorization

(5) For the purposes of this Act, an extension or correction referred to in subsection (1) is authorized on the date of the order or, if the order specifies that conditions are to be met, the date as of which the applicant has met them.

Reimbursement of Election Expenses

Certificate

435. (1) On receipt from a registered party of the documents referred to in subsection 429(1), the Chief Electoral Officer shall provide the Receiver General with a certificate that sets out the amount that is 22.5% of the registered party’s election expenses that were paid by its registered agents as set out in the return for its general election expenses, if

(a) the Chief Electoral Officer is satisfied that the registered party and its chief agent have complied with the requirements of sections 429 to 434;

(b) the auditor’s report does not include a statement referred to in subsection 430(2); and

(i) 2% of the number of valid votes cast at the election, or

(ii) 5% of the number of valid votes cast in the electoral districts in which the registered party endorsed a candidate.

Reimbursement

(2) On receipt of the certificate, the Receiver General shall reimburse the amount set out in it to the registered party by paying that amount out of the Consolidated Revenue Fund.

DIVISION 4

FINANCIAL ADMINISTRATION OF CANDIDATES

Powers, Duties and Functions of Official Agent

Duty of official agent

436. The official agent of a candidate is responsible for administering the candidate’s financial transactions for his or her electoral campaign and for reporting on those transactions in accordance with the provisions of this Act.

Bank account

437. (1) An official agent of a candidate shall open 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.

Account holder and year of opening

(2) The account must indicate the date on which it was opened and name the account holder as follows: "(name of official agent), official agent for (name of candidate, year)".

Payments and receipts

(3) All financial transactions of the candidate in relation to an electoral campaign that involve the payment or receipt of money are to be paid from or deposited to the account.

Closure of bank account

(4) The official agent of a candidate shall close the account after the election or the withdrawal or death of the candidate, and the subsequent disposal of any surplus of electoral funds in accordance with this Act.

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.

Prohibition – making contributions

438. (1) No person or entity, other than an electoral district association or a registered party, shall make

(a) a contribution to a candidate’s electoral campaign that comes from money, property or the services of another person or entity; or

(b) a loan to a candidate’s electoral campaign that comes from money of another person or entity.

Prohibition – accepting contributions

(2) No person, other than an official agent of a candidate, shall accept contributions to the candidate’s electoral campaign.

Prohibition – issuing tax receipts

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

Prohibition – paying electoral expenses

(4) No person or entity, other than the official agent of a candidate, shall pay expenses in relation to the candidate’s electoral campaign except for petty expenses referred to in section 411 and the candidate’s personal expenses.

Prohibition – incurring electoral expenses

(5) No person or entity, other than a candidate, his or her official agent or a person authorized under paragraph 446(c) to enter into contracts, shall incur expenses in relation to the candidate’s electoral campaign.

Prohibition – candidate’s personal expenses

(6) No person, other than a candidate or his or her official agent, shall pay the candidate’s personal expenses.

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.

Notice of Nomination Meeting

Limits on expenses

439. (1) The amount that may be spent on providing notice of meetings that are to be held during an election period for the principal purpose of nominating a candidate for an election in an electoral district cannot be more than 1% of the maximum election expenses

(a) that were allowed for a candidate in that electoral district during the immediately preceding general election, if the boundaries for the electoral district have not changed since then; or

(b) that the Chief Electoral Officer determines, in any other case.

Prohibition on official agents, candidates and authorized persons

(2) No candidate, official agent of a candidate or person who is authorized under paragraph 446(c) to enter into contracts shall incur or cause to be incurred expenses on account of notices referred to in subsection (1) that are in excess of the amount determined under that subsection.

Election Expenses Limit

Maximum election expenses allowed

440. 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 441 and the inflation adjustment factor referred to in section 414 as of the day of the issue of the writ.

Base amount of candidate's election expenses

441. (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).

Death of candidate of registered party

(2) If a candidate for an electoral district whose nomination was endorsed by a registered party dies in the period beginning at 2:00 p.m. on the 5th day before the closing day for nominations and ending on polling day, the base amount for that electoral district is increased by 50%.

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) $2.07 for each of the first 15,000 electors;

(b) $1.04 for each of the next 10,000 electors; and

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 half-way between the number on the preliminary lists of electors for the electoral district and that average number.

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 half-way between the number on the preliminary lists of electors for the electoral district and that average number.

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 that amount.

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) $2.07 for each of the first 15,000 electors;

(b) $1.04 for each of the next 10,000 electors; and

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 half-way between the number on the revised lists of electors for the electoral district and that average number.

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 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 half-way between the number on the revised lists of electors for the electoral district and that average number.

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 that amount.

S.C. 2001, c. 21, s. 22.

Estimated expenses

442. (1) On October 15 in each year, the Chief Electoral Officer shall calculate the maximum amount referred to in section 440 for each electoral district, based on the lists of electors in the Register of Electors, as if an election were then to be held.

Availability of estimates

(2) The maximum amount for an electoral district must be sent

(a) to any person on request; and

(b) to the member and each registered party that endorsed a candidate in the electoral district in the last election, together with the copy of the lists of electors referred to in subsection 45(1).

Maximum amount not guaranteed

(3) The maximum amount calculated under subsection (1) is an estimate and, as such, may be increased or decreased for an electoral district in the subsequent election period.

Prohibition – expenses more than maximum

443. (1) No candidate, official agent of a candidate or person authorized under paragraph 446(c) to enter into contracts shall incur election expenses in an amount that is more than the election expenses limit calculated under section 440.

Prohibition – collusion

(2) No candidate, official agent of the candidate, person authorized under paragraph 446(c) to enter into contracts or third party, within the meaning given that expression by section 349, shall collude with each other for the purpose of circumventing the election expenses limit calculated under section 440.

Recovery of Claims

Claim for payment

444. (1) A person who has a claim to be paid for an expense in relation to an electoral campaign shall send the invoice or other document evidencing the claim to

(a) the candidate’s official agent; or

(b) the candidate, if there is no official agent.

Bar to recovery

(2) A claimant is barred from recovery of a claim to be paid if the invoice or other document evidencing the claim is sent more than three 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 the Canada Gazette, in any other case.

Deceased claimant

Payment within four months

445. (1) A claim for electoral campaign expenses that has been sent in accordance with section 444 must be paid within four months after

(a) the day set for polling day; or

(b) the publication in the Canada Gazette of a notice of the withdrawal or deemed withdrawal of the writ for the election.

Exceptions

(2) The requirement to pay a claim within four months does not apply to a claim in respect of which

(a) the documents may be sent within a new period under subsection 444(3);

(b) the Chief Electoral Officer has authorized payment under section 447;

(d) proceedings have been commenced under section 449.

Unenforceable contracts

446. A contract involving an expense in relation to a candidate’s electoral campaign is not enforceable against the candidate unless entered into by

(a) the candidate personally;

(b) the candidate’s official agent; or

Irregular claims or payments – Chief Electoral Officer

447. (1) On the written application of a person with a claim to be paid for a candidate’s electoral campaign expense or of the candidate’s official agent or the candidate in relation to such a claim, the Chief Electoral Officer may, on being satisfied that there are reasonable grounds for so doing, in writing authorize the payment, through the candidate’s official agent, of the amount claimed if

(a) the invoice or other document evidencing the claim was not sent in accordance with section 444; or

(b) the payment was not made in accordance with subsection 445(1).

Conditions

(2) The Chief Electoral Officer may impose any term or condition that he or she considers appropriate on a payment authorized under subsection (1).

Irregular claims and payments – judge

448. (1) On the application of a person with a claim to be paid for a candidate’s electoral campaign expense or on the application of the candidate’s official agent or the candidate, as the case may be, a judge who is competent to conduct a recount may, on being satisfied that there are reasonable grounds for so doing, by order authorize the payment, through the candidate’s official agent, of the amount claimed if

(a) the applicant establishes that an authorization under subsection 447(1) has been refused and that the invoice or other document evidencing the claim was not sent in accordance with section 444 or the payment has not been paid in the four-month period mentioned in subsection 445(1); or

(b) the amount claimed has not been paid in accordance with an authorization obtained under subsection 447(1) and the applicant establishes their inability to comply with the authorization for reasons beyond their control.

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

Proceedings to recover payment

449. (1) A person who has sent a claim in accordance with section 444 may commence proceedings in a court of competent jurisdiction to recover any unpaid amount

(a) at any time, if the candidate or his or her official agent refuses to pay that amount or disputes that it is payable;

(b) after the end of the period mentioned in subsection 445(1) or any extension of that period authorized by subsection 447(1) or section 448, in any other case.

Payment deemed properly made

(2) An amount paid by an official agent of a candidate as a result of proceedings referred to in subsection (1) is deemed to have been paid in accordance with this Act.

Deemed contributions

450. (1) An unpaid claim mentioned in a return referred to in subsection 451(1) that, on the day that is 18 months after polling day for the election to which the return relates, remains unpaid, in whole or in part, is, on that day, deemed to be a contribution of the unpaid amount to the candidate.

When no deemed contribution

(2) Subsection (1) does not apply to an unpaid claim that, on the day referred to in that subsection,

(a) is the subject of a binding agreement to pay;

(b) is the subject of a legal proceeding to secure its payment;

(d) has been written off by the creditor as an uncollectable debt in accordance with the creditor’s normal accounting practices.

Notice by candidate

(3) A candidate or an official agent who believes that any of paragraphs (2)(a) to (d) applies to a liability to pay an amount shall so notify the Chief Electoral Officer before the day referred to in subsection (1).

Publication of deemed contributions

(4) As soon as practicable after the day referred to in subsection (1), the Chief Electoral Officer shall, in any manner that he or she considers appropriate, publish the list of claims that are deemed under subsection (1) to be contributions.

Return on Financing and Expenses in an Electoral Campaign

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.

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;

(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.

Loans

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

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.

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).

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.

When contributions forwarded to Receiver General

452. An official agent of a candidate shall, without delay, pay an amount of money equal to the value of a contribution that the candidate received to the Chief Electoral Officer who shall forward it to the Receiver General if

(a) the official agent cannot determine to which of the classes listed in paragraph 451(2)(f) the contributor belongs; and

(b) the amount is more than $200 and the name or address of a contributor referred to in paragraph 451(2)(h) or the name of the chief executive officer or president of a contributor referred to in paragraph 451(2)(h.1) is not known.

Auditor’s report on return on election expenses

453. (1) As soon as is practicable after an election, the auditor of a candidate shall report to the candidate’s official agent on the electoral campaign return referred to in paragraph 451(1)(a) and shall make any examination that will enable the auditor to give an opinion in the report as to whether the return presents fairly the information contained in the financial records on which it is based.

Checklist

(2) The auditor’s report shall include a completed checklist for audits in the prescribed form.

Statement

(3) The auditor’s report shall include any statement that the auditor considers necessary if

(a) the return does not present fairly the information contained in the financial records on which it is based;

(b) the auditor has not received from the candidate or his or her official agent all the information and explanation that the auditor required; or

Right of access

(4) The auditor shall have access at any reasonable time to all documents of the candidate, and may require the candidate and his or her official agent to provide any information or explanation that, in the auditor’s opinion, is necessary to enable the auditor to prepare the report.

Ineligible to prepare report

(5) A person referred to in subsection 85(2) who is a partner or an associate of an auditor of a candidate or who is an employee of that auditor, or of the firm in which that auditor is a partner or associate, may not participate, other than in the manner referred to in subsection (4), in the preparation of the auditor’s report.

Extended period for candidates outside Canada

454. (1) Despite subsection 451(4), a candidate who is outside Canada when the other documents referred to in subsection 451(1) are provided shall, within 14 days after returning to Canada, provide the Chief Electoral Officer with the candidate’s declaration concerning his or her electoral campaign return referred to in paragraph 451(1)(e).

No extended period for official agent

(2) Subsection (1) does not apply to excuse a candidate’s official agent from complying with his or her obligations under this Act to prepare the return on the candidate’s election expenses and make a declaration concerning it referred to in paragraph 451(1)(d).

Updating financial reporting documents

455. (1) After the four-month period referred to in subsection 451(4), the candidate’s official agent shall provide the Chief Electoral Officer with an updated version of any document referred to in subsection 451(1) that relates to a claim involving

(a) an extended period of recoverability under subsection 444(3) because of the death of a claimant;

(b) an authorization to pay under section 447;

(d) a disputed claim under section 449.

When no update for audit required

(2) If the matters dealt with in the updated versions of the documents have been subject to an audit under section 453, an updated version of the auditor’s report need not be provided.

Period for providing update

(3) The candidate’s official agent shall provide an updated version of a document referred to in subsection 451(1) within 30 days after making a payment that is dealt with in the updated version.

Statement of personal expenses

456. (1) A candidate shall, within three months after polling day, send to his or her official agent a written statement in the prescribed form that

(a) sets out the amount of any personal expenses that he or she paid and details of those personal expenses, including documentation of their payment; or

(b) declares that he or she did not pay for any personal expenses.

Death of candidate

(2) Subsection (1) does not apply to a candidate who dies without having sent the written statement referred to in that subsection before the end of the three-month period mentioned in it.

Corrections and Extended Reporting Periods

Minor corrections – Chief Electoral Officer

457. (1) The Chief Electoral Officer may correct a document referred to in subsection 451(1) or 455(1), if the correction does not materially affect its substance.

Corrections at request of Chief Electoral Officer

(2) The Chief Electoral Officer may in writing request the candidate or his or her official agent to correct, within a specified period, a document referred to in subsection 451(1) or 455(1).

Extension or correction – Chief Electoral Officer

458. (1) The Chief Electoral Officer, on the written application of a candidate or his or her official agent, may authorize

(a) the extension of a period provided in subsection 451(4) or 455(3); or

(b) the correction, within a specified period, of a document referred to in subsection 451(1) or updated document referred to in subsection 455(1).

Deadline

(2) An application may be made

(a) under paragraph (1)(a), within the period provided in subsection 451(4) or 455(3), as the case may be; and

(b) under paragraph (1)(b), as soon as the applicant becomes aware of the need for correction.

Grounds

(a) the illness of the applicant;

(b) the absence, death, illness or misconduct of the official agent or a predecessor;

(c) the absence, death, illness or misconduct of an agent, a clerk or an officer of the official agent, or a predecessor of one of them; or

(d) inadvertence or an honest mistake of fact.

Extension or correction – judge

459. (1) A candidate or his or her official agent may apply to a judge who is competent to conduct a recount for an order

(a) relieving the candidate or official agent from complying with a request referred to in subsection 457(2); or

(b) authorizing an extension referred to in paragraph 458(1)(a) or correction referred to in paragraph 458(1)(b).

The applicant shall notify the Chief Electoral Officer of the application.

Deadline

(2) An application may be made

(a) under paragraph (1)(a), within the specified period referred to in subsection 457(2) or within the two weeks after the expiration of that period; or

(b) under paragraph (1)(b), within two weeks after, as the case may be,

(i) the rejection of an application, made in accordance with section 458, for the extension or correction, or

(ii) the expiration of the extended period or specified period authorized under paragraph 458(1)(a) or (b).

Grounds

(3) A judge may not grant an order unless he or she is satisfied that the circumstances giving rise to the application arose by reason of one of the factors referred to in paragraphs 458(3)(a) to (d).

Contents of order

(4) An order under subsection (1) may require that the applicant satisfy any condition that the judge considers necessary for carrying out the purposes of this Act.

Refusal or failure of official agent

460. (1) A judge dealing with an application under section 459 or 461 who is satisfied that a candidate or an official agent has not provided the documents referred to in subsection 451(1) in accordance with this Act because of a refusal by, or 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.

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 in writing that he or she

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

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

Recourse of candidate for fault of official agent

461. A candidate may apply to a judge who is competent to conduct a recount for an order that relieves the candidate from any liability or consequence under this or any other Act in relation to an act or omission of the candidate’s official agent that gave rise to an authorization under subsection 458(1) or order under subsection 459(1), if the candidate establishes that

(a) it occurred without his or her knowledge or acquiesence; or

(b) he or she exercised all due diligence to avoid its occurrence.

The candidate or his or her official agent shall notify the Chief Electoral Officer that the application has been made.

Destruction of documents – judge

462. (1) A candidate or his or her official agent may apply to a judge who is competent to conduct a recount for an order relieving the official agent from the obligation to provide a document referred to in subsection 451(1) or 455(1). The candidate or official agent shall notify the Chief Electoral Officer that the application has been made.

Grounds

(2) The judge may not grant the order unless he or she is satisfied that the applicant cannot provide the documents because of their destruction by an act of God or a superior force, including a flood, fire or other disaster.

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.

Prohibition – false, misleading or incomplete returns

463. (1) No candidate and no official agent of a candidate shall provide the Chief Electoral Officer with a document referred to in subsection 451(1) or 455(1) that

(a) the candidate or the official agent, as the case may be, knows or ought reasonably to know contains a material statement that is false or misleading; or

(b) does not substantially set out the information required by subsection 451(2) or required to be updated under subsection 455(1).

Membership in House of Commons suspended

(2) An elected candidate who fails to provide a document as required by section 451 or 455 or fails to make a correction as requested under subsection 457(2) or authorized by 458(1) shall not continue to sit or vote as a member until they are provided or made, as the case may be.

Reimbursement of Election Expenses and Personal Expenses

Reimbursement – first instalment

464. (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 15% or more of the number of valid votes cast; and

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 and personal expenses.

Return of excess payment

(3) An official agent of a candidate shall without delay return to the Receiver General any amount received by him or her under subsection (2) that is more than 50% of the total of

(a) the candidate’s personal expenses that have been paid by him or her, and

(b) the candidate’s election expenses that have been paid by his or her official agent, as set out in the candidate’s electoral campaign return.

Reimbursement – final instalment

465. (1) On receipt of the documents referred to in subsection 451(1), or an update of them under subsection 455(1), 458(1) or 459(1), from a candidate named in a certificate referred to in subsection 464(1), 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 his or her official agent have complied with the requirements of subsection 447(2) and sections 451 to 462;

(b) states that the auditor’s report does not include a statement referred to in subsection 453(3);

(d) sets out the amount of the final instalment of the candidate’s election expenses and personal expenses reimbursement.

Calculation of reimbursement

(2) The amount referred to in paragraph (1)(d) is the lesser of

(a) the difference between 50% of the sum of the candidate’s paid election expenses and paid personal expenses less the partial reimbursement made under section 464, and

(b) 50% of the election expenses limit provided for in section 440.

Payment of final instalment

(3) 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 the candidate.

Confirmation of compliance – candidates ineligible for reimbursement

466. On receipt of the documents referred to in subsection 451(1) and, if it applies, subsection 455(1), from a candidate who is ineligible for reimbursement under subsection 464(1), the Chief Electoral Officer shall provide the Receiver General with a confirmation of compliance that sets out that the candidate and his or her official agent have complied with the requirements of this Part.

Reimbursement of auditor’s fees

467. On receipt of a certificate under section 465 or confirmation of compliance under section 466 in an amount of $250 or more, the Receiver General shall pay out of the Consolidated Revenue Fund to the auditor the amount billed, up to the lesser of 3% of the candidate’s election expenses and $1,500.

S.C. 2001, c. 21, s. 23.

Return of deposit

468. (1) The Chief Electoral Officer shall provide the Receiver General with a certificate that lists the names of

(a) each candidate, including one who has withdrawn under subsection 74(1), who the Chief Electoral Officer is satisfied has provided the documents under subsection 451(1) and returned any unused forms referred to in section 477, in accordance with subsection 478(2); and

(b) any candidate who has died before the closing of all the polling stations.

Payment

(2) On receipt of the certificate, the Receiver General shall pay out of the Consolidated Revenue Fund the amount of each listed candidate’s nomination deposit to his or her official agent.

No official agent acting at candidate’s death

(3) If there is no official agent in the case described in paragraph (1)(b), the Chief Electoral Officer may return the nomination deposit to any person that he or she considers appropriate.

Forfeit to Her Majesty

(4) Any nomination deposit that is not returned under this section is forfeited to Her Majesty in right of Canada.

Death of candidate

469. If a candidate who was endorsed by a registered party dies in the period beginning at 2:00 p.m. on the 5th day before the closing day for nominations and ending on polling day,

(a) he or she is deemed for the purpose of section 464 to receive 15% of the valid votes cast in the electoral district in which he or she was a candidate; and

(b) the Chief Electoral Officer shall set out a percentage of 22.5 in the certificate referred to in subsection 464(1) for the other candidates in that electoral district.

Withdrawal of writ

470. (1) This Part applies, with the following modifications, to electoral campaign expenses of candidates in an electoral district in which a writ is withdrawn under section 59 or deemed to be withdrawn under section 551:

(a) the election is deemed to have been held on a polling day that is the day of publication of the notice of withdrawal in the Canada Gazette;

(b) each candidate is deemed to have obtained 15% of the votes that would have been validly cast at that deemed election; and

(c) on receipt of a certificate referred to in section 464 or 465, the Receiver General shall pay out of the Consolidated Revenue Fund to the candidate’s official agent the lesser of

(i) the amount that is the election expenses limit provided for in section 440, and

(ii) the amount by which the candidate’s election expenses and personal expenses, as disclosed in his or her electoral campaign return, exceeds the total value of the contributions that the candidate received.

No reimbursement

(2) Despite subsection (1), a candidate is not entitled to reimbursement for election expenses or personal expenses if

(a) the writ is withdrawn or deemed to be withdrawn before the closing day for nominations; or

(b) the election expenses, as disclosed in the candidate’s electoral campaign return, are not more than the value of contributions that the candidate received.

Surplus of Electoral Funds

Surplus of electoral funds

471. (1) The surplus amount of electoral funds that a candidate receives for an election is the amount by which the candidate’s electoral revenues referred to in subsection (2) are more than the total of the candidate’s electoral campaign expenses paid by his or her official agent and the transfers referred to in subsection (3).

Electoral revenues

(2) The electoral revenues of a candidate include any amount that represents

(a) a monetary contribution made to the candidate;

(b) an election expense or personal expense for which the candidate was reimbursed under this Act;

(d) any other amount that was received by the candidate for his or her electoral campaign and that is not repayable.

Transfers

(3) A transfer made by a candidate is a transfer of

(a) any funds that the candidate transfers, during the election, to the registered party that endorses the candidate or to an electoral district association of that registered party in his or her electoral district; and

(b) any amount of a reimbursement referred to in paragraphs (2)(b) and (c) that the candidate assigns to that registered party.

Notice of assessment and estimate of surplus electoral funds

472. (1) If the Chief Electoral Officer estimates that a candidate has a surplus of electoral funds, the Chief Electoral Officer shall issue a notice of the estimated amount of the surplus to the candidate’s official agent.

Notice of surplus by official agent

(2) An official agent of a candidate who has a surplus of electoral funds but has not received a notice of estimated surplus under subsection (1) shall dispose of that estimated surplus within 60 days after, as the case may be,

(a) the later of the reception of the final instalment of the reimbursement of the candidate’s election expenses and personal expenses and the reimbursement of the candidate’s nomination deposit; or

(b) the provision of the candidate’s electoral campaign return, if the candidate did not receive either of the reimbursements mentioned in paragraph (a).

Period for disposal of surplus electoral funds

473. (1) An official agent of a candidate shall dispose of a surplus of electoral funds within 60 days after receiving the notice of estimated surplus.

Remittance of surplus

(2) Surplus electoral funds must be transferred

(a) in the case of a candidate who was endorsed by a registered party, to the registered party or to an electoral district association of that registered party in the candidate’s electoral district; or

(b) in any other case, to the Receiver General.

Notice of disposal of surplus

474. (1) An official agent of a candidate shall, within seven days after disposing of a candidate’s surplus electoral funds, notify the Chief Electoral Officer in the prescribed form of the amount and date of the disposal and to whom the surplus was transferred.

Publication

(2) As soon as practicable after the disposal of a candidate’s surplus electoral funds, the Chief Electoral Officer shall, in any manner that he or she considers appropriate, publish a notice referred to in subsection (1).

Requisition for repayment

475. (1) An official agent who has disposed of a candidate’s surplus electoral funds under paragraph 473(2)(b) and must subsequently pay an electoral campaign expense of the candidate may apply to the Chief Electoral Officer for repayment in an amount that is not more than the lesser of the amount of the subsequent payment and the amount of the surplus electoral funds.

Repayment

(2) On receipt of a request for payment from the Chief Electoral Officer in relation to an application, the Receiver General shall pay the amount specified in the application to the official agent out of the Consolidated Revenue Fund.

Prohibition – transfer of contributions

476. No registered agent of a registered party and no electoral district association of a registered party shall transfer contributions to a candidate after polling day except

(a) to pay unpaid claims that are disclosed in the candidate’s electoral campaign return; or

(b) as authorized by the Chief Electoral Officer or a court under this Part.

Supply and Use of Forms

Prescribed forms – Income Tax Act

477. A candidate and his or her official agent shall use the prescribed forms for official receipts to contributors for the purpose of subsection 127(3) of the Income Tax Act.

Provision of forms to candidates

478. (1) A returning officer shall provide each candidate in his or her electoral district with a reasonable number of copies of each form requested by the candidate or by his or her official agent.

Return of unused forms

(2) A candidate and his or her official agent shall return any unused forms referred to in section 477 within a month after polling day.

Designated forms

(3) The Chief Electoral Officer may, from among forms that are to be provided under subsection (1), designate those that may only be provided to the official agent of a candidate whose nomination has been confirmed under subsection 71(1).

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