Marginal note:Destruction of documents — judge
462. (1) A candidate or his or her official agent may apply to a judge who is competent to conduct a recount for an order relieving the official agent from the obligation to provide a document referred to in subsection 451(1) or 455(1). The candidate or official agent shall notify the Chief Electoral Officer that the application has been made.
(2) The judge may not grant the order unless he or she is satisfied that the applicant cannot provide the documents because of their destruction by an act of God or a superior force, including a flood, fire or other disaster.
Marginal note:Date of relief
(3) For the purposes of this Act, the applicant is relieved from the obligation referred to in subsection (1) on the date of the order.
Marginal note:Prohibition — false, misleading or incomplete returns
463. (1) No candidate and no official agent of a candidate shall provide the Chief Electoral Officer with a document referred to in subsection 451(1) or 455(1) that
(a) the candidate or the official agent, as the case may be, knows or ought reasonably to know contains a material statement that is false or misleading; or
(b) does not substantially set out the information required by subsection 451(2) or required to be updated under subsection 455(1).
Marginal note:Membership in House of Commons suspended
(2) An elected candidate who fails to provide a document as required by section 451 or 455 or fails to make a correction as requested under subsection 457(2) or authorized by 458(1) shall not continue to sit or vote as a member until they are provided or made, as the case may be.
Reimbursement of Election Expenses and Personal Expenses
Marginal note:Reimbursement — first instalment
464. (1) Without delay after receipt of a return of the writ for an electoral district, the Chief Electoral Officer shall provide the Receiver General with a certificate that sets out
(a) the name of the elected candidate, if any;
(b) the name of any candidate who received 10% or more of the number of valid votes cast; and
(c) the amount that is 15% of the election expenses limit provided for in section 440.
Marginal note:Payment of partial reimbursement
(2) On receipt of the certificate, the Receiver General shall pay the amount set out in it out of the Consolidated Revenue Fund to the official agent of any candidate named in the certificate as partial reimbursement for the candidate’s election expenses and personal expenses. The payment may be made to the person designated by the official agent.
Marginal note:Return of excess payment
(3) An official agent of a candidate shall without delay return to the Receiver General any amount received by him or her under subsection (2) that is more than 60% of the total of
(a) the candidate’s personal expenses that have been paid by him or her, and
(b) the candidate’s election expenses that have been paid by his or her official agent, as set out in the candidate’s electoral campaign return.
- 2000, c. 9, s. 464;
- 2003, c. 19, s. 48.
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