GreatNorthCollective/greatnorth-canada-federal-laws-text huggingface dataset:
Canada Elections Act — E-2.01 477.7
Recourse of candidate for fault of official agent 477.7 A candidate may apply to a judge for an order that relieves the candidate from any liability or consequence under this or any other Act of Parliament in relation to an act or omission of the candidate’s official agent, if the candidate establishes that (a) it occurred without the candidate’s knowledge or acquiescence; or (b) the candidate exercised all due diligence to avoid its occurrence. The candidate shall notify the Chief Electoral Officer that the application has been made. 2014, c. 12, s. 86
Canada Elections Act — E-2.01 477.71
Destruction of documents — judge 477.71 (1) A candidate or their official agent may apply to a judge for an order relieving the official agent from the obligation to provide a document referred to in subsection 477.59(1), (10), (11), (12) or (15). The applicant shall notify the Chief Electoral Officer that the application has been made. Grounds (2) The judge may grant the order only if the judge is satisfied that the applicant cannot provide the documents because of their destruction by a superior force, including a flood, fire or other disaster. 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. 2014, c. 12, s. 86
Canada Elections Act — E-2.01 477.711
Prohibition — false or misleading declaration 477.711 No candidate shall send to their official agent a declaration referred to in paragraph 477.59(1)(d) that they know or ought reasonably to know is false or misleading. 2018, c. 31, s. 296
Canada Elections Act — E-2.01 477.72
ue to sit or vote as a member of the House of Commons as of (a) the expiry of the two weeks referred to in paragraph 477.68(2)(a), if the candidate or their official agent does not apply to a judge for an order under paragraph 477.68(1)(a); or (b) if the candidate or their official agent applies to a judge for an order under paragraph 477.68(1)(a), the expiry of the day on which the application is finally disposed of so as to deny it. Speaker informed (4) As soon as an elected candidate is not entitled to continue to sit or vote as a member of the House of Commons under any of subsections (2), (2.1) and (3), the Chief Electoral Officer shall so inform the Speaker of the House of Commons. 2014, c. 12, s. 86 2018, c. 31, s. 297
Canada Elections Act — E-2.01 477.73
Reimbursement — first instalment 477.73 (1) Without delay after receipt of a return of the writ for an electoral district, the Chief Electoral Officer shall provide the Receiver General with a certificate that sets out (a) the name of the elected candidate, if any; (b) the name of any candidate who received 10% or more of the number of valid votes cast; and (c) the amount that is 15% of the election expenses limit calculated under section 477.49. Payment of partial reimbursement (2) On receipt of the certificate, the Receiver General shall pay the amount set out in it out of the Consolidated Revenue Fund to the official agent of any candidate named in the certificate as partial reimbursement for the candidate’s election expenses, travel and living expenses that are related to travel and sojourns during the election period, accessibility expenses and personal expenses. The payment may be made to the person designated by the official agent. Return of excess payment (3) A candidate’s official agent shall without delay return to the Receiver General any amount received under subsection (2) that is more than the sum of (a) 60% of the candidate’s paid election expenses, as set out in the their electoral campaign return, (b) 60% of the candidate’s paid travel and living expenses that are related to travel and sojourns during the election period, as set out in their electoral campaign return, (c) 60% of the candidate’s paid personal expenses, as set out in their electoral campaign return, other than childcare expenses or expenses referred to in paragraphs 378(1)(c) and (d), (d) 90% of the candidate’s paid childcare expenses, as set out in their electoral campaign return, (e) 90% of the candidate’s paid expenses referred to in paragraphs 378(1)(c) and (d), as set out in their electoral campaign return, and (f) 90% — to a maximum of $5,000 — of the candidate’s paid accessibility expenses, as set out in their electoral campaign return. 2014, c. 12, s. 86 2018, c. 31, s. 299
Canada Elections Act — E-2.01 477.741
Payment to candidate 477.741 The official agent shall use any amount received under subsection 477.73(2), or received under both that subsection and subsection 477.74(4), to pay to the candidate the amount that is the sum of (a) 60% of the candidate’s personal expenses, as set out in their electoral campaign return, other than childcare expenses and expenses referred to in paragraph 378(1)(c) or (d), that were paid other than from the bank account referred to in subsection 477.46(1), and (b) 90% of the total of the candidate’s childcare expenses and expenses referred to in paragraphs 378(1)(c) and (d), as set out in their electoral campaign return, that were paid other than from the bank account referred to in subsection 477.46(1). 2018, c. 31, s. 301
Canada Elections Act — E-2.01 477.75
Audit fee 477.75 On receipt of the documents referred to in subsection 477.59(1), including the auditor’s report, and a copy of the auditor’s invoice for the auditor’s report, the Chief Electoral Officer shall provide the Receiver General with a certificate that sets out the greater of (a) the amount of the expenses incurred for the audit, up to a maximum of the lesser of 3% of the candidate’s election expenses and $1,500, and (b) $250. 2014, c. 12, s. 86
Canada Elections Act — E-2.01 477.76
Payment 477.76 On receipt of the certificate, the Receiver General shall pay the amount set out in it to the auditor out of the Consolidated Revenue Fund. 2014, c. 12, s. 86
Canada Elections Act — E-2.01 477.761
Inflation adjustment factor 477.761 The $1,500 amount set out in paragraph 477.75(a) and the $250 amount set out in paragraph 477.75(b) shall be multiplied by the inflation adjustment factor referred to in section 384 that is in effect on polling day. 2018, c. 31, s. 302
Canada Elections Act — E-2.01 477.78
Death of candidate 477.78 If a candidate who was endorsed by a registered party dies within the period beginning at 2:00 p.m. on the fifth day before the closing day for nominations and ending on polling day, (a) they are deemed for the purpose of section 477.73 to receive 10% of the valid votes cast in the electoral district in which they were a candidate; and (b) in the certificate referred to in subsection 477.73(1) the Chief Electoral Officer shall set out, for the other candidates in that electoral district, the amount that is 22.5% of the election expenses limit calculated under section 477.49. 2014, c. 12, s. 86
Canada Elections Act — E-2.01 477.79
Withdrawal of writ 477.79 Division 1 of this Part and this Division apply to electoral campaign expenses of candidates in an electoral district in which a writ is withdrawn under subsection 59(1) or deemed to be withdrawn under subsection 31(3) of the Parliament of Canada Act , except that in such a case (a) the election is deemed to have been held on the day on which the writ is withdrawn or deemed to be withdrawn; and (b) each candidate is deemed to have received 10% of the number of the votes that would have been validly cast at that deemed election. 2014, c. 12, s. 86 2018, c. 31, s. 304
Canada Elections Act — E-2.01 477.8
Surplus of electoral funds 477.8 (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 (3) are more than the total of the candidate’s electoral campaign expenses paid from the bank account referred to in subsection 477.46(1) and the transfers referred to in subsection (4). Transfer or sale of capital assets (2) Before the surplus amount of electoral funds is disposed of in accordance with sections 477.81 and 477.82, a candidate’s official agent shall either transfer any capital assets whose acquisition constitutes an electoral campaign expense within the meaning of subsection 375(1) to the registered party that has endorsed the candidate — or to the registered association of that party in the candidate’s electoral district — or sell them at their fair market value. Electoral revenues (3) The electoral revenues of a candidate include any amount that represents (a) a monetary contribution made to the candidate; (b) any of the following for which the candidate was reimbursed under this Act: (i) an election expense, (ii) travel and living expenses, (iii) an accessibility expense, (iv) a personal expense paid from the bank account referred to in subsection 477.46(1), and (v) a cost incurred in respect of a request or an application made under Part 14, if the cost was paid from the bank account referred to in subsection 477.46(1); (c) [Repealed, 2018, c. 31, s. 305] (d) the resale value of the capital assets referred to in subsection (2); and (e) any other amount that was received by the candidate for their electoral campaign and that is not repayable. Exclusion (3.1) Despite subsection (3), for the purposes of this Act, none of the following is electoral revenue: (a) any amount used to pay for a candidate’s litigation expenses that was not deposited into the bank account referred to in subsection 477.46(1); (b) any amount used to pay for a candidate’s personal expenses that was not deposited into the bank account referred to in subsection 477.46(1); (c) any amount paid to the candidate under this Act as a reimbursement of personal expenses that were paid other than from the bank account referred to in subsection 477.46(1); and (d) any amount paid to the candidate under this Act as a reimbursement of a cost incurred in respect of a request or an application made under Part 14, if that cost was paid other than from the bank account referred to in subsection 477.46(1). Transfers (4) A transfer made by a candidate is a transfer of (a) any funds that the candidate transfers, during the election period, to a registered party or a registered association; (b) any amount of a reimbursement referred to in paragraph (3)(b) that the candidate transfers to that registered party; and (c) any funds transferred by the candidate under paragraph 364(3)(d). 2014, c. 12, s. 86 2018, c. 31, s. 305
Canada Elections Act — E-2.01 477.81
Notice of estimated surplus 477.81 (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. Disposal of surplus funds (2) The candidate’s official agent shall dispose of a surplus of electoral funds within 60 days after the day on which they receive the notice of estimated surplus. Disposal without notice (3) If a candidate has a surplus of electoral funds but their official agent has not received a notice of estimated surplus, the official agent shall dispose of the surplus within 60 days after, as the case may be, (a) the day on which they receive the final instalment of the reimbursement of the candidate’s expenses; or (b) the day on which the Chief Electoral Officer is provided with the candidate’s electoral campaign return, if the candidate did not receive the reimbursement mentioned in paragraph (a). 2014, c. 12, s. 86 2018, c. 31, s. 306
Canada Elections Act — E-2.01 477.82
Method of disposal of surplus 477.82 A candidate’s official agent shall dispose of surplus electoral funds by transferring them (a) in the case of a candidate who was endorsed by a registered party, to that party or to the registered association of that party in the candidate’s electoral district; or (b) in any other case, to the Receiver General. 2014, c. 12, s. 86
Canada Elections Act — E-2.01 477.83
Notice of disposal of surplus 477.83 (1) A candidate’s official agent shall, within seven days after disposing of a candidate’s surplus electoral funds, give the Chief Electoral Officer a notice in the prescribed form of the amount and date of the disposal and to whom the surplus was transferred. Publication (2) As soon as feasible after the disposal of a candidate’s surplus electoral funds, the Chief Electoral Officer shall publish the notice in any manner that he or she considers appropriate. 2014, c. 12, s. 86
Canada Elections Act — E-2.01 477.84
Requisition for repayment 477.84 (1) An official agent who has disposed of a candidate’s surplus electoral funds under paragraph 477.82(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. 2014, c. 12, s. 86
Canada Elections Act — E-2.01 477.841
Persons to whom this section applies 477.841 (1) This section applies to any person who was a candidate at an election but who was not endorsed by a registered party and whose official agent disposed of the candidate’s surplus electoral funds under paragraph 477.82(b). Application for repayment (2) The official agent of a candidate who is a person referred to in subsection (1) may, for the purpose of the candidate’s electoral campaign, apply to the Chief Electoral Officer for repayment of the amount of the surplus electoral funds referred to in that subsection if that candidate (a) is a candidate at the general election next following the election to which the funds relate but is not endorsed by a registered party and was not a candidate at any intervening by-election; (b) is a candidate at one, and only one, intervening by-election and at that by-election is not endorsed by a registered party; or (c) is a candidate at more than one intervening by-election and, at the first intervening by-election at which they are a candidate, is not endorsed by a registered party. Payment (3) 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 candidate’s official agent out of the Consolidated Revenue Fund. 2018, c. 31, s. 307
Canada Elections Act — E-2.01 477.85
Prohibition — transfer of contributions 477.85 No registered agent of a registered party, no financial agent of a registered association and no financial agent of a nomination contestant shall transfer funds to a candidate after polling day except to pay claims related to the candidate’s electoral campaign. 2014, c. 12, s. 86
Canada Elections Act — E-2.01 477.86
Prescribed forms — Income Tax Act 477.86 A candidate and their official agent shall use the prescribed forms for official receipts to contributors for the purpose of subsection 127(3) of the Income Tax Act . 2014, c. 12, s. 86
Canada Elections Act — E-2.01 477.87
Provision of forms to returning officers 477.87 The Chief Electoral Officer shall provide each returning officer with copies of prescribed forms. 2014, c. 12, s. 86
Canada Elections Act — E-2.01 477.88
Provision of forms to candidates 477.88 (1) A returning officer shall provide each candidate in their electoral district with a reasonable number of copies of each prescribed form requested by the candidate or by their official agent. Return of unused forms (2) A candidate and their official agent shall return any unused forms referred to in section 477.86 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 be provided only to the official agent of a candidate whose nomination has been confirmed under subsection 71(1). 2014, c. 12, s. 86
Canada Elections Act — E-2.01 477.89
Definition of candidate 477.89 For the purposes of sections 477.9 to 477.95, a candidate is deemed to have become a candidate on the earlier of (a) the day on which they are selected at a nomination contest, and (b) the day on which the writ is issued for the election. 2014, c. 12, s. 86
Canada Elections Act — E-2.01 477.9
Prohibition 477.9 (1) No candidate shall accept any gift or other advantage that might reasonably be seen to have been given to influence them in the performance of their duties and functions as a member of the House of Commons if the candidate were to be elected, during the period that (a) begins on the day on which they are deemed to have become a candidate; and (b) ends on (i) the day on which they withdraw, if they withdraw in accordance with subsection 74(1), (ii) the day on which they become a member of the House of Commons, if they are elected, or (iii) polling day, in any other case. Exception (2) Despite subsection (1), a candidate may accept a gift or other advantage that is given by a relative or as a normal expression of courtesy or protocol. Statement of candidate (3) The candidate shall provide the Chief Electoral Officer with a statement in the prescribed form that discloses, in respect of all gifts or other advantages that the candidate accepted during the period referred to in subsection (1) whose benefit to the candidate exceeds $500 or, if accepted from the same person or entity in that period, exceeds a total of $500, other than gifts or other advantages given by relatives or made by way of an unconditional, non-discretionary testamentary disposition, (a) the nature of each gift or other advantage, its commercial value and the cost, if any, to the candidate; (b) the name and address of the person or entity giving the gift or other advantage; and (c) the circumstances under which the gift or other advantage was given. Clarification (4) For the purposes of subsection (3), the benefit to a candidate of a gift or other advantage that is a service or property, or the use of property or money, is the difference between the commercial value of the service or property or the use of the property or money and the cost, if any, to the candidate. Period for providing statement (5) The candidate shall provide the statement to the Chief Electoral Officer within four months after polling day. Definitions (6) The following definitions apply in this section. common-law partnership means the relationship between two persons who are cohabiting in a conjugal relationship, having so cohabited for a period of at least one year. ( union de fait ) gift or other advantage means (a) an amount of money if there is no obligation to repay it; and (b) a service or property, or the use of property or money, that is provided without charge or at less than its commercial value. It does not include a contribution made by an eligible individual under Division 1 of this Part to the official agent of a candidate that does not exceed the limits set out in that Division, or a provision of goods or services or a transfer of funds under section 364. ( cadeau ou autre avantage ) relative , in respect of a candidate, means a person related to the candidate by marriage, common-law partnership, birth, adoption or affinity. ( parent ) 2014, c. 12, s. 86 2018, c. 31, s. 308
Canada Elections Act — E-2.01
common-law partnership means the relationship between two persons who are cohabiting in a conjugal relationship, having so cohabited for a period of at least one year. ( union de fait )
Canada Elections Act — E-2.01 (a)
gift or other advantage means (a) an amount of money if there is no obligation to repay it; and (b) a service or property, or the use of property or money, that is provided without charge or at less than its commercial value. It does not include a contribution made by an eligible individual under Division 1 of this Part to the official agent of a candidate that does not exceed the limits set out in that Division, or a provision of goods or services or a transfer of funds under section 364. ( cadeau ou autre avantage )
Canada Elections Act — E-2.01
relative , in respect of a candidate, means a person related to the candidate by marriage, common-law partnership, birth, adoption or affinity. ( parent )
Canada Elections Act — E-2.01 477.91
Extensions — Chief Electoral Officer 477.91 (1) The Chief Electoral Officer, on the written application of a candidate, shall authorize the extension of the period referred to in subsection 477.9(5), unless he or she is satisfied that the candidate’s failure to make the statement was deliberate or was the result of the candidate’s failure to exercise due diligence. Deadline (2) The application may be made within the period referred to in subsection 477.9(5) or within two weeks after the end of that period. 2014, c. 12, s. 86
Canada Elections Act — E-2.01 477.92
Corrections or revisions — Chief Electoral Officer 477.92 (1) The Chief Electoral Officer, on the written application of a candidate, shall authorize the correction or revision of the statement if he or she is satisfied by the evidence submitted by the candidate that the correction or revision is necessary in order for the requirements of this subdivision to be complied with. Application made without delay (2) The application shall be made immediately after the candidate becomes aware of the need for correction or revision. Deadline for corrections or revisions (3) The candidate shall provide the Chief Electoral Officer with the corrected or revised version of the statement within 30 days after the day on which the correction or revision is authorized or within any extension of that period authorized under subsection (4) or (5). New deadline (4) The Chief Electoral Officer, on the written application of the candidate made within two weeks after the end of the 30-day period referred to in subsection (3), shall authorize the extension of that period, unless he or she is satisfied that the candidate’s failure to provide the corrected or revised version of the statement was deliberate or was the result of the candidate’s failure to exercise due diligence. Extension of new deadline (5) The Chief Electoral Officer, on the written application of the candidate made within two weeks after the end of an extension authorized under subsection (4) or under this subsection, shall authorize the further extension of that period, unless he or she is satisfied that the candidate’s failure to provide the corrected or revised version of the statement was deliberate or was the result of the candidate’s failure to exercise due diligence. 2014, c. 12, s. 86