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Federal Election Guide

Getting Started

Eligibility

To run as a federal candidate, a person must be a Canadian citizen and 18-years or older. The person need not reside in the constituency, nor be on the list of electors. However, a candidate may only run in one electoral district at a time.

Ineligibility

A person is ineligible to run in a federal election if they:

• Are found guilty of committing a corrupt offence or illegal practice within the last five years
• Are a member of a provincial legislature
• Hold the office of sheriff, clerk of the peace or county or judicial district Crown Attorney
• Are a member of a territorial council
• Are a judge appointed by the Governor-in-Council, with the exception of a citizenship judge
• Are imprisoned in a correctional institute
• Are an election officer

Nomination

To become a candidate, a person must:

• Appoint an official agent (who acts as a treasurer for the campaign) and an auditor
• Obtain nomination papers from the Chief Returning Officer in the riding in which they intend to run
• Be nominated by at least 100 electors who reside in the constituency
• Submit a nomination paper to the returning officer. The submission is fixed at 2:00 PM on the Monday, 21 days before polling day

A candidate can withdraw their nomination at any time prior to 5:00 PM on nomination day (the Monday, 21 days before polling day).

• To withdraw, the candidate must declare their intention in writing to the Returning Officer (the letter must be signed by the candidate and two electors)
• By withdrawing their candidacy, a candidate forfeits his or her deposit

The Chief Returning Officer has 48 hours to review the nomination and verify that all 100 nominating electors are eligible to vote in that riding. If their nomination is rejected, a candidate may submit new nomination papers up until the time the nominations close.

Deposit

When a candidate files their nomination papers they must also deposit $1000 with the returning officer.

• Candidates are reimbursed their deposit when their financial return has been correctly compiled and provided to the returning officer within the allotted time

In all other events the deposit belongs to the Government of Canada

Leave of Absence

Under the Canada Labour Code, all employers must grant a leave of absence (with or without pay) to an employee seeking a nomination and running as candidate in a federal election.

Political Party Endorsement

When a candidate wishes to have their party name along with their own on the ballot, he or she must:

• Include with their nomination papers a letter of endorsement from the leader of the political party

If the candidate has no political party affiliation, he or she must indicate on the nomination papers if they want an “independent” designation included on the ballot, or no designation at all.

Campaign Finances

Financial Responsibilities

• The candidate is responsible for all debts incurred during a campaign and remaining afterwards.
• Candidates must submit a Candidate’s Electoral Campaign Return (even if they withdraw their nomination).
• Candidates must also submit a Candidate’s Statement of Personal Expenses

Contributions

A “contribution" is a loan, advance, deposit or gift (monetary or non-monetary). Candidates may not accept contributions from:

• Person who is not a Canadian citizen or a permanent resident.
• Corporation or an association that does not conduct business in Canada.
• Trade union without bargaining rights for Canadian employees.
• Foreign political party.
• Foreign government or agent of a foreign government.
• Crown Corporations
• Corporation to which the Government of Canada contributes more than 50% of its funding

If a contribution is unidentified, the candidate must pay the contribution amount to the Receiver General of Canada (by way of the Chief Electoral Officer). If a contribution is ineligible, the candidate must return the contribution or pay it to the Receiver General.

Contribution Limits

In an effort to make elections fairer for all candidates, contribution limits are in place for all candidates. The limits for each candidate are as follows:

• $5000 per year from an individual
• $1000 per year from corporations, trade unions, and associations
• $5000 from a candidate to his own campaign – although the first $5000 is not taken into account, with the net result being that a candidate can contribute $10 000 to his own campaign
• For each contribution of $25 or more, tax receipts must be issued

Corporations, trade unions, and associations are forbidden from making contributions to leadership contestants or registered parties. They may only contribute to registered electoral district associations, candidates, and nomination contestants.

Campaign Expenses

An electoral campaign expense is considered an expense that is reasonably incurred as an incidence of the election. This includes:

• Electoral expenses (for example, advertising and surveys)
• Personal expenses (for example, travel and lodging)
• Fees (for example, to the auditor)

Limits on Campaign Expenses

All candidates are subject to the following expense limits:

• $2.07 for each of the first 15,000 names that appear on the preliminary lists of electors.
• $1.04 for every name over the first 15,000 to 25,000 persons appearing on the preliminary lists of electors.
• 52¢ for every name over the first 25,000 persons appearing on preliminary lists of electors.

Where an electoral district has less than the average number of electors:

• The number of electors is deemed to be halfway between the number on the preliminary list and the average number on all preliminary lists

Where there are less than 10 electors in each square kilometer of the district, the amount set for an expense limit should be determined by:

• The lesser of $0.31 per square km or 25% of the amount calculated above

Disclosure of Campaign Expense

Within four months of the polling day, the candidate’s official agent must submit the Candidate’s Electoral Campaign Return, along with an auditor’s report, as well as the Candidate’s Statement of Personal Expenses to the returning officer. All returns must contain:

• All election expenses incurred, and all vouchers and receipts relating to those expenses.
• The amount of personal expenses paid by the candidate.
• The disputed claims and the unpaid claims insofar as the official agent may be aware.
• The amount of money and commercial value of goods or services provided for the use of the candidate by way of loan, advance, deposit, contribution or gift by all classes of donors.
• The names, addresses, and date received of all contributors who made a loan, advance, deposit, contribution or gift in an amount exceeding $200.
• The number and amount of contributions of less than $25.
• The total number of contributors.

If a candidate fails to fulfill these requirements, he or she is liable to prosecution.

Reimbursement of Campaign Expenses

The candidate is eligible for a 60% reimbursement of his or her actual paid expenses. To receive the reimbursement, the candidate must have:

• Won the election or received at least 10% of the valid votes cast in the election for their district.
• Submitted an expense return and auditors report to the Chief Electoral Officer
• The reimbursement ceiling is 60% of the maximum expense allowance for their district.

Further Information

• Election Handbook for Candidates, Their Official Agents, and Auditors [PDF]
• Canada Elections Act
• Elections Canada: Frequently Asked Questions: Election Financing

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This page was last modified: August 10, 2007