Independent candidate

(municipalities with a population of 5 000 or more)

The independent candidate must obtain an authorization to solicit or collect contributions, incur election expenses or contract loans.

This authorization is granted by the returning officer of the municipality to every elector who undertakes to run as an independent candidate, from January 1st of the year in which a general election must be held in the municipality or, in the case of a by-election, from the day when the seat becomes vacant.

The authorization may also be granted by the assistant returning officer authorized to receive a nomination paper in the case where the application for authorization is made during the election period.

The independent candidate must in particular designate an official representative and make sure that the information concerning him in the register of authorized political entities of the Chief electoral officer. An independent candidate may also designate himself to act as his own official representative.

Every independent candidate can:

• lend money for his campaign for a maximum amount of $10,000 (loan and surety);
• solicit or collect con­tri­butions if he is expressly authorized to do so by the official representative;
• participate financially in his campaign by making a contri­bution to the official representative. However, this contribution must respect the annual limit ($1,000 per entity) and the official representative must issue a receipt.

He cannot:

• contract loans: only the official representative may do so;
• incur election expenses: only the official agent may do so. However, he may incur “personal” expenses;
• pay an election expense himself: only the official agent may do so.

The official representative of an authorized independent candidate has to be the same person as the official agent. Each of these two roles is of great importance in the election campaign of a candidate.

The role of the official representative consists of:

• collecting and depositing contributions;
• making sure that contribution receipts are issued to contributors;
• ensuring that contributions comply with the provisions of the Act;
• depositing sums collected during political activities or rallies;
• contracting loans;
• paying the interest on loans annually;
• filing the financial report and, where applicable, the additional financial report.

As the official agent, his role consists of:

• incurring or authorizing election expenses;
• authorizing a publicity agency to incur or order election expenses;
• making sure that every payment of election expenses is supported by an invoice and that the going market price is paid;
• making sure that all advertising contains his name and his title of official agent;
• making sure that the limit on election expenses is respected;
• assuming all responsibilities with respect to all election expenses;
• filing the return of election expenses.

To apply for authorization, you can complete the appropriate form and send it to the returning officer of your municipality. Should you designate yourself as your official agent and representative, you must indicate your name in section 3 of the form.

You can also request an authorization at the time of the filing of your nomination paper, by completing the appropriate section on the nomination form.

The authorization granted to an independent candidate expires on December 31st of the calendar year following the year of the election, unless it is withdrawn prior to this date.

The authorization of an independent candidate who is elected and who, on that date has not paid all the debts arising from his election expenses, expires the day of transmission of the financial report confirming that all debts have been paid.