Important Reminder: All Persons Who Have Accepted Contributions or Incurred Leadership Contest Expenses Must Register as Leadership Contestants

Subsection 435.05(1) of the Canada Elections Act provides that every person who accepts contributions for, or incurs leadership campaign expenses in relation to, his or her campaign for the leadership of a registered party has an obligation to register as a leadership contestant.

The requirement to register under the provision mentioned above applies to any person who accepted contributions for a leadership bid, or incurred leadership campaign expenses, at any time – before or during the actual contest period – even if that person has since decided that he or she no longer wishes to run in the contest. (Gifts given to the person before the formal start of the leadership contest that are given expressly, specifically and solely for a purpose that will be completed before the contest begins will not constitute leadership campaign contributions.)

If a person accepts leadership contributions or incurs leadership campaign expenses, he or she must register for the leadership contest with the party and Elections Canada even if that registration results in the person’s subsequent withdrawal from the contest.

The obligation to register cannot be avoided by giving back contributions or disposing of assets purchased as leadership campaign expenses prior to registration. It is the acceptance of a contribution, or the incurring of a leadership campaign expense, that triggers the obligation to register once the contest is called.

Once registered, a person no longer wishing to run may immediately withdraw from the contest. However, he or she will remain subject to the requirements of the Act applicable to leadership contestants respecting disclosure and disposal of surplus funds.

If a registered party refuses to accept a person as a contestant who would otherwise be required to register with the Chief Electoral Officer (because he or she collected contributions for his or her leadership campaign), that person may wish to advise the Chief Electoral Officer of the refusal. This will avoid questions arising as to that person’s compliance with the requirements of the Act.

Failure to register in the circumstances described above is an offence. Schemes to avoid applying the rules regarding disclosure, contribution prohibitions and limits may trigger the Act’s anti-avoidance provisions.