44 (1) Every registered candidate who receives at least five per cent of the popular vote in his or her electoral district is entitled to be reimbursed by the Chief Electoral Officer for the lesser of, (a)  20 per cent of the candidate’s campaign expenses for the campaign period, as shown on the statement of income and expenses filed under section 42, together with the auditor’s report referred to in subsection 40 (4); and (b)  20 per cent of the maximum expenditure limit under subsection 38 (3).  1998, c. 9, s. 75 (1); 2007, c. 15, s. 40 (1); 2016, c. 22, s. 56 (1). Increase for certain candidates (2) In relation to candidates in electoral districts listed in subsection 38 (3.3), the amount determined under subsection (1) shall be increased by the applicable amount determined under subsection 38 (3.4).  2009, c. 33, Sched. 3, s. 2. Conditions for reimbursement (3) A candidate is not entitled to be reimbursed under subsection (1) unless, (a)  the financial statements and auditor’s report required by section 42 and subsection 40 (4) in respect of the candidate have been filed, and the Chief Electoral Officer is satisfied that they meet the requirements of this Act; and (b)  in the case of a candidate with party affiliation, the requirements of clause (a) have also been met with respect to the constituency association that endorses the candidate.  1998, c. 9, s. 75 (3); 2007, c. 15, s. 40 (1). Money to be applied to discharge debts of candidate (4) Where the candidate’s financial statement shows a deficit and the candidate is entitled to be reimbursed for expenses under subsection (1), the money payable to his or her chief financial officer shall be first applied to discharge the debts creating the deficit and should any deficit remain thereafter, in the case of a candidate endorsed as the official candidate of a registered party, the deficit shall be assumed by the registered constituency association endorsing that candidate.  R.S.O. 1990, c. E.7, s. 44 (4). Surplus in candidate’s account (5) Any surplus, determined by taking into account in the financial statement of a registered candidate the money, if any, paid to the candidate’s chief financial officer under subsection (1), shall be forthwith paid over, (a)  in the case of a candidate endorsed as the official candidate of a registered party, to that registered party or to the registered constituency association endorsing the candidate; and (b)  in the case of an independent candidate, (i)  to their registered constituency association, if the candidate has been elected as an independent member and has endorsed a registered constituency association, and (ii)  to the Chief Electoral Officer in all other cases. R.S.O. 1990, c. E.7, s. 44 (5); 1998, c. 9, s. 79; 2007, c. 15, s. 40 (1); 2021, c. 5, Sched. 2, s. 21. Reimbursement of political party’s expenses (6) Every registered party that receives at least 15 per cent of the popular vote in any electoral district and that has filed its statement of expenses with the Chief Electoral Officer in accordance with section 42, together with the auditor’s report in accordance with subsection 40 (4), is entitled to be reimbursed by the Chief Electoral Officer for the aggregate amount determined by multiplying 5 cents by the number of electors entitled to vote, as certified by the Chief Electoral Officer under the Election Act, in each electoral district in which the political party received 15 per cent of the popular vote and such money shall be payable to the political party’s chief financial officer.  R.S.O. 1990, c. E.7, s. 44 (6); 1998, c. 9, s. 79; 2007, c. 15, s. 40 (1); 2016, c. 22, s. 56 (2). Filing of financial statements required (7) Subject to subsection (7.1), a political party is not entitled to be reimbursed for expenses under subsection (6) unless its chief financial officer has filed the financial statements required by section 42, together with the auditor’s report on them as required by subsection 40 (4), and the Chief Electoral Officer is satisfied that such statements meet the requirements of this Act.  1998, c. 9, s. 75 (4); 2007, c. 15, s. 40 (1). Interim payment to party (7.1) The Chief Electoral Officer may, on receiving the financial statements and auditor’s report, make an interim payment to the party of up to 50 per cent of the amount to which it will be entitled when the requirements of subsection (7) are met.  1998, c. 9, s. 75 (4); 2007, c. 15, s. 40 (1). Definition (8) In this section, “popular vote” means the total counted ballots cast in favour of all candidates in an electoral district and does not include any rejected, cancelled, declined or unused ballot.  R.S.O. 1990, c. E.7, s. 44 (8); 1998, c. 9, s. 75 (5). Section Amendments with date in force (d/m/y) 1998, c. 9, s. 75 (1-5) - 01/01/1999; 1998, c. 9, s. 79 - 01/01/1999 2007, c. 15, s. 40 (1)
- 04/06/2007 2009, c. 33, Sched. 3, s. 2 - 15/12/2009 2016, c. 22, s. 56 (1, 2) - 01/01/2017 2021, c. 5, Sched. 2, s. 21 - 19/04/2021 Readjustment of Electoral Districts