Federal Election 2025 Contribution and Advertising Rules

Written By Will Osler and David Hodge

With the next federal election scheduled called for April 28, 2025, anyone considering making a financial contribution to a political party or candidate should be aware of the rules governing contributions and political advertising as outlined in the Canada Elections Act (CEA). The CEA regulates political financing, defines advertising restrictions, and ensures transparency in election-related expenditures.

Contributions to Political Entities

A contribution under the CEA includes both monetary and non-monetary contributions. Monetary contributions are an amount of money provided that is not repayable, and include cash, cheques or money orders, credit card or debit card payments, and online payments. Only monetary contributions are eligible for tax receipts.

Non-monetary contributions are the commercial value of a service other than volunteer labour. The CEA defines commercial value as the lowest amount charged at the time for the same property or service, or its use, by the provider or another commercial source in the area. Non-monetary contributions include goods, services, or property provided without compensation, or at less-than their commercial value. The CEA classifies contributions of cryptocurrency as a non-monetary contribution.

Eligibility and Limitations for Contributions

Only Canadian citizens or permanent residents may contribute to a registered party, a registered association, a nomination contestant, a candidate or a leadership contestant.

An individual cannot contribute more than $1,750 to each federally registered party during an annual contribution period (January 1 to December 31). Total contributions include those made to the party as well as all registered associations, nomination contestants and candidates of the registered party. Contribution limits include total contributions, unpaid loan balances, and outstanding loan guarantees. Once a contribution limit for one party is reached, contributions can still be made to other registered parties. A receipt must be issued for each monetary contribution over $20 or any non-monetary contribution (property or service) over $20 that is not deemed nil.

Third Party Advertisers

Third parties are a person or group that is not a registered party, registered association, candidate or nomination contestant. Whether during or outside an election period (being the period from the issue of the writ to polling day), third parties will sometimes conduct activities to benefit a registered party, and certain of these activities (Regulated Activities) are subject to the CEA. Regulated Activities include partisan advertising, election advertising, and election surveys conducted to assist in the transmission of partisan or election advertising.

Partisan advertising is publicly transmitting advertising messages during a pre-election period. The advertisement can promote or oppose a party, candidate, or leader, otherwise than by taking a position on an issue the party or person is associated.

Election advertising is public transmitting advertising messages during an election period. This type of advertisement can promote or oppose a party, including taking a position on an issue a registered party or candidate is associated.

Both partisan and election advertising do not include news, editorials, books sold at commercial value, internal group messages, personal online opinions, or voter encouragement calls.

Eligibility and Limitations for Regulated Activities

A third party is required to register with Elections Canada once it incurs expenses of $500 or more for conducting Regulated Activities. Once registered, the CEA enforces the following:

• Maximum pre-election period spending of $700,000 for Regulated Activities.
• Maximum election period spending of $350,000 for Regulated Activities.
• Mandatory appointment of an auditor for any third party Regulated Activity expenses exceeding $10,000.
• Mandatory clear indication of the third party's name, telephone number, address (civic or internet), and their authorization of the transmission for any partisan or election advertising.
• No person can transmission election advertising to the public in an electoral district on polling day before the close of all the polling stations in the electoral district.

The 2025 federal election is being held on a different day than the date originally fixed by Parliament (October 27, 2025). A third party may have incurred expenses related to pre-election Regulated Activities with the original election date in mind that cannot now be canceled.  The CEA provides that such expenses will not be considered an election expense.

Consequences for Breaching the CEA

Failing to comply with CEA requirements is a criminal offence. Contravention of strict liability offences are punishable on summary conviction with a fine up to $2,000, imprisonment for a term of up to three months, or both. Failing to register is a strict liability offence.

Third parties who contravene offences requiring intent may face summary conviction with a fine up to $20,000, imprisonment for a term of up to one year, or both. If the conviction is on indictment, the party may face a fine up to $50,000 or imprisonment up to five years, or both. A third-party colluding with another third party to circumvent the expense limits requires intent and is liable on conviction.

Any person making contributions to a registered party or a third party coordinating Regulated Activities should carefully adhere to legislative requirements.

If you have any questions on navigating political contributions, please contact the authors.

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