• Marginal note:No partisan conduct

  (6) No returning officer shall, while in office, knowingly engage in politically partisan conduct and in particular shall not make a contribution to a candidate, a leadership contestant or a nomination contestant or belong to or make a contribution to, be an employee of or hold a position in, a registered party, an eligible party or a registered association.

• (b) an election officer or a member of the staff of a returning officer;

• (b.1) an undischarged bankrupt;

Marginal note:Preservation of name

368.1 In the period of 30 days after the deregistration of a political party,

• (a) no application for another political party to become a registered party may be accepted — and no report under section 382 shall be effective — that would permit another political party to use a name, short-form name, abbreviation or logo that would, in the Chief Electoral Officer’s opinion, likely be confused with that of the deregistered party; and

• (b) if a new application is made for the registration of the deregistered party under the name, short-form name, abbreviation and logo that it had at the time of its deregistration, the Chief Electoral Officer may not refuse the application on the ground that it does not comply with paragraph 368(a).

• (a) a statement, prepared in accordance with generally accepted accounting principles, of its assets and liabilities, including any surplus or deficit, as of the day before the effective date of the registration;

• (a) an election officer or a member of the staff of a returning officer;

• (a.1) a candidate;

• (a.2) an undischarged bankrupt;

• Marginal note:Entry in registry of electoral district associations

  (6) The Chief Electoral Officer shall enter any change in the information referred to in subsection (2) in the registry of electoral district associations.

Deregistration of Registered Parties

Marginal note:Deregistration — fewer than 50 candidates

• 385. (1) The Chief Electoral Officer shall, effective on the expiration in a general election of the period for the confirmation or refusal of nominations under subsection 71(1), deregister a registered party that, at that time, has not endorsed a candidate in at least 50 electoral districts.

• Marginal note:Notice of deregistration

  (2) The Chief Electoral Officer shall give notice of the deregistration under subsection (1) of a registered party, and of the resulting deregistration under section 389.2 of its registered associations, to the leader, the chief agent and any other officer of the party set out in the registry of parties as well as to the chief executive officers and financial agents of the associations.

Marginal note:Deregistration — failure to file return and auditor’s report

387. The Chief Electoral Officer may deregister a registered party if its chief agent fails to provide the Chief Electoral Officer

Marginal note:Voluntary deregistration

388. On application, other than during the election period of a general election, by a registered party to become deregistered, signed by the leader and any two officers of the party, the Chief Electoral Officer may deregister the party.

• Marginal note:Deregistration

  (3) The Chief Electoral Officer may deregister a registered party if its leader, its chief agent or one of its officers fails to comply with a notice referred to in subsection (1), or amended notice under subsection (2).

Marginal note:Notice of deregistration

• 389.1 (1) If the Chief Electoral Officer proposes to deregister a registered party under section 388 or subsection 389(3), the Chief Electoral Officer shall so notify the party and its registered associations.

• Marginal note:Date of deregistration

  (2) The notice under subsection (1) shall specify the effective date of the deregistration, which shall be at least 15 days after the date of the sending of the notice.

• Marginal note:Proof of service of notice

  (3) The notice under subsection (1) shall be sent by registered mail or by a method of courier service that provides proof of mailing, a record while in transit and a record of delivery.

Marginal note:Effect of deregistration of registered party

389.2 If a registered party is deregistered, its registered associations are also deregistered.

Marginal note:Notice of deregistration

• 390. (1) The Chief Electoral Officer shall without delay cause a notice of the deregistration of a registered party and of its registered associations to be published in the Canada Gazette.

• Marginal note:Entry of deregistration in registry of parties

  (2) The Chief Electoral Officer shall indicate the deregistration of the party in the registry of parties.

Marginal note:Continuation of registered status for limited purpose

391. A political party that is deregistered continues to have the obligations of a registered party for the application of section 392.

Marginal note:Fiscal period and returns

392. The chief agent of a deregistered political party shall, within six months after the day of its deregistration, provide the Chief Electoral Officer with

• (a) the documents referred to in subsection 424(1) for

  • (i) the portion of its current fiscal period ending on the day of its deregistration, and

• Marginal note:Effect of merger on registered associations

  (3) On the merger of registered parties, any registered association of a merging party is deregistered and, despite paragraph 403.01(c), may transfer goods or funds to the merged party or a registered association of the merged party in the six months immediately after the merger. Any such transfer is not a contribution for the purposes of this Act.

Division 1.1Registration of Electoral District Associations and Financial Administration of Registered Associations

Registration of Electoral District Associations

Marginal note:Duty to register

403.01 No electoral district association of a registered party shall, unless it is registered,

• (a) accept contributions;

• (b) provide goods or services or transfer funds to a candidate endorsed by a registered party;

• (c) provide goods or services or transfer funds to a registered party or a registered association; or

• (d) accept surplus electoral funds of a candidate, surplus leadership campaign funds of a leadership contestant or surplus nomination campaign funds of a nomination contestant.

Marginal note:Contents of application

• 403.02 (1) An application for registration of an electoral district association of a registered party may be submitted to the Chief Electoral Officer by the association, and must include

  • (a) the full name of the association and of the electoral district;

  • (b) the full name of the registered party;

  • (c) the address of the office of the association at which records are maintained and to which communications may be addressed;

  • (d) the names and addresses of the chief executive officer and other officers of the association;

  • (e) the name and address of the appointed auditor of the association; and

  • (f) the name and address of the financial agent of the association.

• Marginal note:Accompanying documents

  (2) The application must be accompanied by

  • (a) the signed consent of the financial agent to so act;

  • (b) the signed consent of the auditor to so act; and

  • (c) a declaration signed by the leader of the party certifying that the electoral district association is an electoral district association of the party.

• Marginal note:Examination of application

  (3) The Chief Electoral Officer shall register an electoral district association that meets the requirements of subsections (1) and (2). In the case of a refusal to register, the Chief Electoral Officer shall indicate which of those requirements have not been met.

• Marginal note:Date of registration

  (4) An electoral district association is registered as of the date on which the Chief Electoral Officer enters it in the registry of electoral district associations.

Marginal note:Only one registered association per district

403.03 A registered party may not have more than one registered association in an electoral district.

Marginal note:Election period — contributions and expenses

403.04 No electoral district association of a registered party shall, during an election period, incur expenses for election advertising, as defined in section 319.

Marginal note:Statement of assets and liabilities

403.05 Within six months after becoming a registered association, the association shall provide the Chief Electoral Officer with

• (a) a statement, prepared in accordance with generally accepted accounting principles, of its assets and liabilities, including any surplus or deficit, as of the day before the effective date of the registration; and

• (b) a declaration in the prescribed form by the financial agent of the registered association that the statement is complete and accurate.

Marginal note:Prohibition — declaration concerning statement

403.051 No financial agent of a registered association shall make a declaration referred to in paragraph 403.05(b) if the agent knows or ought reasonably to have known that the statement referred to in paragraph 403.05(a) is not complete and accurate.

Marginal note:Annual fiscal period

403.06 The fiscal period of a registered association is the calendar year.

Marginal note:Adjustment of fiscal period for newly registered associations

403.07 Without delay after becoming registered, a registered association shall, if necessary, vary its fiscal period so that it ends at the end of the calendar year. The then current fiscal period may not be less than 6 months or more than 18 months.

Marginal note:Registry of electoral district associations

403.08 The Chief Electoral Officer shall maintain a registry of electoral district associations that contains the information referred to in subsection 403.02(1).

Marginal note:Appointments

• 403.09 (1) A registered association may, subject to any terms and conditions that it specifies, appoint, as electoral district agents, persons who are authorized by the association to accept contributions and to incur and pay expenses on behalf of the association.

• Marginal note:Report of appointment

  (2) Within 30 days after the appointment of an electoral district agent, the registered association shall provide the Chief Electoral Officer with a written report, certified by its financial agent, that includes the name and address of the person appointed and any terms and conditions to which the appointment is subject. The Chief Electoral Officer shall enter that information in the registry of electoral district associations.

Marginal note:Agents — corporations

• 403.1 (1) A corporation incorporated under the laws of Canada or a province is eligible to be the financial agent or an electoral district agent of a registered association.

• Marginal note:Agents — ineligible persons

  (2) The following persons are not eligible to be a financial agent or an electoral district agent:

  • (a) an election officer or a member of the staff of a returning officer;

  • (b) a candidate;

  • (c) an auditor appointed as required by this Act;

  • (d) subject to subsection (1), a person who is not an elector;

  • (e) an undischarged bankrupt; and

  • (f) a person who does not have the capacity to enter into contracts in the province in which the person ordinarily resides.

• Marginal note:Where member of partnership appointed as agent

  (3) A person may be appointed as agent for a registered association notwithstanding that the person is a member of a partnership that has been appointed as an auditor, in accordance with this Act for the registered party.

Marginal note:Auditor — eligibility

• 403.11 (1) Only the following are eligible to be an auditor for a registered association:

  • (a) a person who is a member in good standing of a corporation, an association or an institute of professional accountants; or

  • (b) a partnership of which every partner is a member in good standing of a corporation, an association or an institute of professional accountants.

• Marginal note:Auditor — ineligible persons

  (2) The following persons are not eligible to be an auditor for a registered association:

  • (a) election officers and members of the staff of returning officers;

  • (b) chief agents of registered parties or eligible parties and registered agents of registered parties;

  • (c) candidates and official agents of candidates;

  • (d) electoral district agents of registered associations;

  • (e) leadership contestants and their leadership campaign agents;

  • (f) nomination contestants and their financial agents; and

  • (g) financial agents of registered third parties.

Marginal note:Consent

403.12 A registered association shall obtain from the financial agent or auditor, on appointment, their signed consent to so act.

Marginal note:Death, incapacity, resignation or revocation

403.13 In the event of the death, incapacity, resignation or revocation of the appointment of its financial agent or auditor, a registered association shall without delay appoint a replacement.

Marginal note:Only one financial agent and auditor

403.14 A registered association shall have no more than one financial agent and one auditor at a time.

Marginal note:Prohibition — agents

• 403.15 (1) No person who is not eligible to be a financial agent or an electoral district agent of a registered association shall so act.

• Marginal note:Prohibition — auditor

  (2) No person who is not eligible to be an auditor of a registered association shall so act.

Marginal note:New auditor or financial agent

• 403.16 (1) Within 30 days after a change in the information referred to in subsection 403.02(1) other than paragraph 403.02(1)(b), a registered association shall report the change in writing to the Chief Electoral Officer. The report must be certified by the chief executive officer of the association.

• Marginal note:New auditor or financial agent

  (2) A report under subsection (1) that involves the replacement of the auditor or financial agent of the registered association must include a copy of the signed consent obtained under section 403.12.

• Marginal note:Registration of change

  (3) The Chief Electoral Officer shall enter any change in the information referred to in this section in the registry of electoral district associations.

Marginal note:Confirmation of registration yearly

403.17 On or before May 31 of every year, unless an election campaign is in process in that electoral district on that date, in which case the date shall be July 31, a registered association shall provide the Chief Electoral Officer with

• (a) a statement certified by its chief executive officer confirming the validity of the information concerning that association in the registry of electoral district associations; or

• (b) if there is a change in that information, the report made under subsection 403.16(1) of the change.

Deregistration of Registered Associations

Marginal note:Deregistration — failure to provide documents

403.18 The Chief Electoral Officer may deregister a registered association if the association fails to provide

• (a) confirmation under section 403.17 of the validity of the registered information;

• (b) any of the documents referred to in subsection 403.16(1) or (2) with respect to a replacement of its auditor or financial agent;

• (c) a report under subsection 403.09(2) concerning the appointment of an electoral district agent;

• (d) a report under subsection 403.16(1) of a change in any other registered information;

• (e) any of the documents referred to in section 403.05; or

• (f) a report that is required to be filed under subsection 478.02(1).

Marginal note:Deregistration — failure to file return

403.19 The Chief Electoral Officer may deregister a registered association if its financial agent fails to provide the Chief Electoral Officer with a document for a fiscal year in accordance with subsection 403.35(1).

Marginal note:Voluntary deregistration

• 403.2 (1) On application by a registered association to become deregistered, signed by its chief executive officer and the financial agent, the Chief Electoral Officer may deregister the association.

• Marginal note:Deregistration at the request of the party

  (2) On application by a registered party, signed by its leader and two of its officers, to deregister one of its registered associations, the Chief Electoral Officer shall deregister the association.

• Marginal note:Exception

  (3) Subsections (1) and (2) do not apply during an election period in the electoral district of the registered association.

Marginal note:Procedure for non-voluntary deregistration

• 403.21 (1) If the Chief Electoral Officer believes on reasonable grounds that a registered association or its financial agent has omitted to perform any obligation referred to in section 403.18 or 403.19, the Chief Electoral Officer shall, in writing, notify the chief executive officer and the financial agent of the association that the association or financial agent must

  • (a) rectify the omission by the discharge of those obligations within 30 days after receipt of the notice; or

  • (b) satisfy the Chief Electoral Officer that the omission was not the result of negligence or a lack of good faith.

• Marginal note:Extension or exemption

  (2) If paragraph (1)(b) applies, the Chief Electoral Officer may amend the notice by

  • (a) exempting, in whole or in part, the recipients of the notice from complying with the obligations referred to in section 403.18 or 403.19; or

  • (b) specifying a period for compliance with the obligations referred to in paragraph (1)(a).

• Marginal note:Copy of notice

  (3) A copy of any notice or amendment under subsection (1) or (2) shall be sent to the leader and the chief agent of the registered party with which the registered association is affiliated.

• Marginal note:Deregistration

  (4) The Chief Electoral Officer may deregister a registered association if the association or its financial agent fails to comply with a notice referred to in subsection (1) or with an amended notice under subsection (2).

Marginal note:Electoral Boundaries Readjustment Act

• 403.22 (1) If the boundaries of an electoral district are revised as a result of a representation order under section 25 of the Electoral Boundaries Readjustment Act, a registered association for the electoral district may, before the day on which the representation order comes into force under subsection 25(1) of that Act, file with the Chief Electoral Officer a notice that it will be continued as the registered association for a particular electoral district described in the representation order. The notice must be accompanied by a consent signed by the leader of the registered party with which it is affiliated.

• Marginal note:Effect of continuation

  (2) If a notice has been filed under subsection (1), on the coming into force of the representation order, the registered association is continued as the registered association for the electoral district specified in the notice and assumes all the rights and obligations of the association for the former electoral district.

• Marginal note:Deregistration

  (3) Any registered association in an electoral district whose boundaries are revised as a result of a representation order under section 25 of the Electoral Boundaries Readjustment Act that does not give a notice under subsection (1) is deregistered on the day on which the representation order comes into force under subsection 25(1) of that Act and, despite paragraph 403.01(c), may transfer goods or funds to the registered party with which it is affiliated or to any of its registered associations in the six months after that day. Any such transfer is not a contribution for the purposes of this Act.

• Marginal note:Pre-registration

  (4) As soon as a proclamation is issued under section 25 of the Electoral Boundaries Readjustment Act relating to a representation order, an application may be made under section 403.02 for the registration of an electoral district association for an electoral district that is created by — or whose boundaries are revised as a result of — the order. Any resulting registration does not take effect before the order comes into force.

• Marginal note:Applicant deemed to be electoral district association

  (5) The applicant in an application referred to in subsection (4) is deemed to be an electoral district association as of the date on which the application is received by the Chief Electoral Officer.

Marginal note:Notice of deregistration

• 403.23 (1) If the Chief Electoral Officer deregisters a registered association under section 403.2 or subsection 403.21(4), the Chief Electoral Officer shall so notify in writing by registered mail or by a method of courier service that provides proof of mailing, a record while in transit and a record of delivery, the association and the registered party with which it is affiliated.

• Marginal note:Date of deregistration

  (2) The notice under subsection (1) shall specify the effective date of the deregistration, which shall be at least 15 days after the day on which the notice is sent.

Marginal note:Publication

• 403.24 (1) If a registered association is deregistered for any reason other than the deregistration of the political party with which it is affiliated, the Chief Electoral Officer shall without delay cause a notice of deregistration to be published in the Canada Gazette.

• Marginal note:Entry of deregistration in registry of electoral district associations

  (2) The Chief Electoral Officer shall indicate any deregistration of a registered association in the registry of electoral district associations.

Marginal note:Effect of deregistration

403.25 A deregistered electoral district association continues to have the obligations of a registered association for the application of section 403.26.

Marginal note:Fiscal period and returns

403.26 The financial agent of a deregistered electoral district association shall, within six months after the day of its deregistration, provide the Chief Electoral Officer with the documents referred to in subsection 403.35(1) for

• (a) the portion of its current fiscal period ending on the day of its deregistration; and

• (b) any earlier fiscal period for which those documents have not already been provided under that subsection.

Financial Administration of Registered Associations

General

Marginal note:Duty of financial agent

403.27 The financial agent of a registered association is responsible for administering its financial transactions and for reporting on them, in accordance with the provisions of this Act.

Marginal note:Prohibition — paying expenses

• 403.28 (1) No person or entity, other than an electoral district agent of a registered association, shall pay the registered association’s expenses.

• Marginal note:Prohibition — incurring expenses

  (2) No person or entity, other than an electoral district agent of a registered association, shall incur the registered association’s expenses.

• Marginal note:Prohibition — accepting contributions

  (3) No person, other than an electoral district agent of a registered association, shall accept contributions to the registered association.

• Marginal note:Prohibition — transfers

  (4) No person, other than the financial agent of a registered association, shall accept or make transfers of goods or funds on behalf of the association.

Processing of Expense Claims

Marginal note:Three months to send expense claims

• 403.29 (1) A person with a claim to be paid for an expense of a registered association shall, within three months after the expense was incurred, send the invoice or other document evidencing the claim to the registered association or one of its electoral district agents.

• Marginal note:Bar to recovery

  (2) A claimant is barred from recovery of a claim that is sent after the three-month period.

• Marginal note:Deceased claimant

  (3) If a claimant dies before the end of the three-month period, a new three-month period begins, for the purposes of subsection (1), on the day on which the claimant’s legal representative becomes entitled to act for the claimant.

Marginal note:Payment within six months

403.3 A claim that has been sent in accordance with section 403.29 must be paid within six months after payment of it is due.

Marginal note:Irregular claims or payments — Chief Electoral Officer

• 403.31 (1) On the written application of a claimant with a claim to be paid for an expense of a registered association or of an electoral district agent, the Chief Electoral Officer may, on being satisfied that there are reasonable grounds for so doing, in writing authorize the electoral district agent of the registered association to pay the amount claimed if

  • (a) the claim was not sent in accordance with subsection 403.29(1); or

  • (b) the payment was not made in accordance with section 403.3.

• Marginal note:Terms and conditions

  (2) The Chief Electoral Officer may fix any term or condition that he or she considers appropriate on a payment authorized under subsection (1).

Marginal note:Irregular claims or payments — judge

403.32 On the application of a person who has a claim to be paid for an expense of a registered association or of an electoral district agent of the association, a judge who is competent to conduct a recount, on being satisfied that there are reasonable grounds for so doing, may by order authorize the electoral district agent to pay the amount claimed if

• (a) the applicant establishes that an authorization under subsection 403.31(1) has been refused and that the claim was sent after the three-month period referred to in subsection 403.29(1) or the payment has not been made in the six-month period referred to in section 403.3; or

• (b) the amount claimed has not been paid in accordance with an authorization obtained from the Chief Electoral Officer under subsection 403.31(1) and the applicant establishes that he or she was unable to comply with that authorization for reasons beyond his or her control.

Marginal note:Proceeding to recover claimed payments

• 403.33 (1) A person who has sent a claim in accordance with section 403.29 may commence proceedings in a court of competent jurisdiction to recover any unpaid amount

  • (a) at any time, if the electoral district agent refuses to pay that amount or disputes that it is payable; or

  • (b) after the end of the period referred to in section 403.3 or any extension of that period authorized by subsection 403.31(1) or section 403.32, in any other case.

• Marginal note:Payment deemed properly made

  (2) An amount paid by an electoral district agent of a registered association as a result of proceedings referred to in subsection (1) is deemed to have been paid in accordance with this Act.

Marginal note:Deemed contributions

• 403.34 (1) An unpaid claim mentioned in a return referred to in subsection 403.35(1) that, on the day that is 18 months after the end of the fiscal period to which the return relates, remains unpaid, in whole or in part, is deemed to be a contribution of the unpaid amount to the registered association made as of the day on which the expense was incurred.

• Marginal note:When no deemed contribution

  (2) Subsection (1) does not apply to an unpaid claim that, on the day referred to in that subsection,

  • (a) is the subject of a binding agreement to pay;

  • (b) is the subject of a legal proceeding to secure its payment;

  • (c) is the subject of a dispute as to the amount the association was liable to pay or the amount that remains unpaid; or

  • (d) has been written off by the creditor as an uncollectable debt in accordance with the creditor’s normal accounting practices.

• Marginal note:Notice by association

  (3) The financial agent of a registered association who believes that any of paragraphs (2)(a) to (d) applies to a liability to pay an amount shall so notify the Chief Electoral Officer before the day referred to in subsection (1).

• Marginal note:Publication of deemed contributions

  (4) As soon as practicable after the day referred to in subsection (1), the Chief Electoral Officer shall, in any manner that he or she considers appropriate, publish the list of claims that are deemed under subsection (1) to be contributions.

Financial Reporting

Marginal note:Return on financial transactions

• 403.35 (1) The financial agent of a registered association shall, for each fiscal period of the association, provide to the Chief Electoral Officer

  • (a) a financial transactions return, substantially in the prescribed form, on the association’s financial transactions;

  • (b) the auditor’s report on the financial transactions return, if one is required under subsection 403.37(1);

  • (c) a declaration in the prescribed form by the financial agent that the financial transactions return is complete and accurate; and

  • (d) any statements and declarations provided to the financial agent by virtue of paragraph 405.3(2)(c) and subsection 405.3(4).

• Marginal note:Contents of return

  (2) A financial transactions return must set out

  • (a) a statement of contributions received by the registered association from the following classes of contributor: individuals, corporations, trade unions and associations referred to in subsection 405.3(3);

  • (b) the number of contributors in each class listed in paragraph (a);

  • (b.1) in the case of a contributor that is an association referred to in subsection 405.3(3),

    • (i) the name and address of the association, the amount of its contribution and the date on which it was received by the registered association, and

    • (ii) the name and address of each individual whose money forms part of the contribution, the amount of money provided by that individual that is included in the contribution and the date on which it was provided to the association;

  • (c) the name and address of each other contributor in a class listed in paragraph (a) who made contributions of a total amount of more than $200 to the registered association, that total amount, as well as the amount of each such contribution and the date on which it was received by the association;

  • (d) in the case of a numbered company that is a contributor referred to in paragraph (c), the name of the chief executive officer or president of that company;

  • (e) a statement of the registered association’s assets and liabilities and any surplus or deficit in accordance with generally accepted accounting principles, including a statement of

    • (i) disputed claims under section 403.33, and

    • (ii) unpaid claims that are, or may be, the subject of an application referred to in subsection 403.31(1) or section 403.32;

  • (f) a statement of the registered association’s revenues and expenses in accordance with generally accepted accounting principles;

  • (g) a statement of the commercial value of goods or services provided and of funds transferred by the registered association to the registered party, to another registered association or to a candidate endorsed by the registered party;

  • (h) a statement of the commercial value of goods or services provided and of funds transferred to the registered association from the registered party, another registered association, a candidate, a leadership contestant or a nomination contestant;

  • (i) a statement of loans or security received by the registered association, including any conditions on them;

  • (i.1) a statement that provides full disclosure of financial loans for the purposes of the campaign, including interest rates, repayment schedules and the name of the lender; and

  • (j) a statement of contributions received by the registered association but returned in whole or in part to the contributors or otherwise dealt with in accordance with this Act.

• Marginal note:Loans

  (3) For the purpose of subsection (2), other than paragraph (2)(j), a contribution includes a loan.

• Marginal note:Period for providing documents

  (4) The financial agent of a registered association shall provide the documents referred to in subsection (1) within five months after the end of the fiscal period.

Marginal note:When contributions forwarded to Receiver General

403.36 The financial agent of a registered association shall, without delay, pay an amount of money equal to the value of a contribution received by the association to the Chief Electoral Officer who shall forward it to the Receiver General, if

• (a) the financial agent cannot determine to which of the classes listed in paragraph 403.35(2)(a) the contributor belongs; or

• (b) the name of the contributor of a contribution of more than $25, the name or the address of the contributor having made contributions of a total amount of more than $200 or the name of the chief executive officer or president of a contributor referred to in paragraph 403.35(2)(d) is not known.

Marginal note:Auditor’s report

• 403.37 (1) The auditor of a registered association that has, in a fiscal period, accepted contributions of $5,000 or more in total or incurred expenses of $5,000 or more in total shall report to the association’s financial agent on the financial transactions return of the association and shall, in accordance with generally accepted auditing standards, make any examination that will enable the auditor to give an opinion in the report as to whether it presents fairly the information contained in the financial records on which it is based.

• Marginal note:Statement

  (2) The auditor shall include in the report under subsection (1) any statement the auditor considers necessary if

  • (a) the financial transactions return that is the subject of the report does not present fairly the information contained in the financial records on which it is based; or

  • (b) based on the examination, it appears that proper accounting records have not been kept by the registered association.

• Marginal note:Right of access

  (3) The auditor shall have access at any reasonable time to all documents of the association and may require the financial agent and electoral district agents of the association to provide any information or explanation that, in the auditor’s opinion, may be necessary to enable the auditor to prepare the report.

Marginal note:Prohibition — financial reports

403.38 No financial agent of a registered association shall provide the Chief Electoral Officer with a financial transactions return that

• (a) the financial agent knows or ought reasonably to know contains a materially false or misleading statement; or

• (b) does not substantially set out the information required by subsection 403.35(2).

Payment of Audit Expenses

Marginal note:Certificate — audit expenses

• 403.39 (1) On receipt of the documents referred to in subsection 403.35(1) and a copy of the auditor’s invoice, the Chief Electoral Officer shall provide the Receiver General with a certificate that sets out the amount, up to a maximum of $1,500, of the expenses incurred for the audit made under subsection 403.37(1).

• Marginal note:Payment

  (2) On receipt of the certificate, the Receiver General shall pay the amount set out in it to the auditor out of the Consolidated Revenue Fund.

Corrections and Extended Reporting Periods

Marginal note:Minor corrections — Chief Electoral Officer

• 403.4 (1) The Chief Electoral Officer may correct a document referred to in subsection 403.35(1) if the correction does not materially affect its substance.

• Marginal note:Corrections at request of Chief Electoral Officer

  (2) The Chief Electoral Officer may in writing request a registered association to correct, within a specified period, a document referred to in subsection 403.35(1).

Marginal note:Extension or correction — Chief Electoral Officer

• 403.41 (1) The Chief Electoral Officer, on the written application of the financial agent of a registered association or, if the financial agent is absent or incapacitated, the chief executive officer of the association, may authorize

  • (a) the extension of a period provided in subsection 403.35(4); or

  • (b) the correction, within a specified period, of a document referred to in subsection 403.35(1).

• Marginal note:Deadline

  (2) An application may be made

  • (a) under paragraph (1)(a), within the period provided in subsection 403.35(4); and

  • (b) under paragraph (1)(b), as soon as the applicant becomes aware of the need for correction.

• Marginal note:Grounds

  (3) The Chief Electoral Officer may not authorize an extension or correction unless he or she is satisfied by the evidence submitted by the applicant that the circumstances giving rise to the application arose by reason of

  • (a) the absence, death, illness or misconduct of the financial agent or a predecessor;

  • (b) the absence, death, illness or misconduct of a clerk or an officer of the financial agent, or a predecessor of one of them; or

  • (c) inadvertence or an honest mistake of fact.

Marginal note:Extension or correction — judge

• 403.42 (1) The financial agent of a registered association or, if the financial agent is absent or incapacitated, the chief executive officer of the association, may apply to a judge who is competent to conduct a recount for an order

  • (a) relieving the association from complying with a request referred to in subsection 403.4(2); or

  • (b) authorizing an extension referred to in paragraph 403.41(1)(a) or correction referred to in paragraph 403.41(1)(b).

  The applicant shall notify the Chief Electoral Officer of the application.

• Marginal note:Deadline

  (2) An application may be made

  • (a) under paragraph (1)(a), within the specified period referred to in subsection 403.4(2) or within the two weeks after the expiration of that period; or

  • (b) under paragraph (1)(b), within two weeks after, as the case may be,

    • (i) the rejection of an application, made in accordance with section 403.41, for the extension or correction, or

    • (ii) the expiration of the extended period or specified period authorized under paragraph 403.41(1)(a) or (b).

• Marginal note:Grounds

  (3) A judge may not grant an order unless he or she is satisfied that the circumstances giving rise to the application arose by reason of one of the factors referred to in subsection 403.41(3).

• Marginal note:Contents of order

  (4) An order may require that the applicant satisfy any condition that the judge considers necessary for carrying out the purposes of this Act.

• Marginal note:Date of authorization

  (5) For the purposes of this Act, an extension or correction referred to in subsection (1) is authorized on the date of the order or, if the order specifies that conditions are to be met, the date as of which the applicant has met them.

Marginal note:Ineligible contributors

• 404. (1) No person or entity other than an individual who is a citizen or permanent resident as defined in subsection 2(1) of the Immigration and Refugee Protection Act shall make a contribution to a registered party, a registered association, a candidate, a leadership contestant or a nomination contestant.

• Marginal note:Return of contributions

  (2) If a registered party, a registered association, a candidate, a leadership contestant or a nomination contestant receives a contribution from an ineligible contributor, the chief agent of the registered party, the financial agent of the registered association, the official agent of the candidate or the financial agent of the leadership contestant or nomination contestant, as the case may be, shall, within 30 days after becoming aware of the ineligibility, return the contribution unused to the contributor or, if that is not possible, pay the amount of it or, in the case of a non-monetary contribution, an amount of money equal to its commercial value, to the Chief Electoral Officer who shall forward that amount to the Receiver General.

• Marginal note:Provincial divisions

  (3) For greater certainty, contributions to and expenses of a provincial division of a registered party are contributions to and expenses of the party. Similarly, transfers to or by the division are transfers to or by the party.

• Marginal note:Registered agents

  (4) A provincial division of a registered party may, subject to any terms and conditions that it specifies, appoint registered agents. This Act applies to those agents as if they were registered agents appointed by the party under subsection 375(1).

Marginal note:Contributions at electoral district level

• 404.1 (1) Despite subsection 404(1), contributions may be made by a corporation or a trade union that do not exceed

  • (a) $1,000 in total in any calendar year to the registered associations, nomination contestants and candidates of a particular registered party; and

  • (b) $1,000 in total to a candidate for a particular election who is not the candidate of a registered party.

• Marginal note:If two elections in a year

  (1.1) Despite paragraph (1)(a), if two elections are held in an electoral district in a calendar year and a corporation or trade union has, before the polling day of the first election, made a contribution under that paragraph to the registered association, the nomination contestants or the candidate of a particular registered party in that electoral district, the corporation or trade union may make contributions not exceeding $1,000 in total to the registered association, the nomination contestants and the candidate of the registered party in that electoral district during the election period for the second election.

• Marginal note:Applicable in one electoral district only

  (1.2) A corporation or trade union may make contributions under subsection (1.1) in respect of the registered association, the nomination contestants and the candidate of any particular registered party in only one electoral district in any calendar year.

• Marginal note:If contribution made to unsuccessful nomination contestant

  (1.3) Despite paragraph (1)(a), if a corporation or trade union has in any calendar year made a contribution under that paragraph to an individual who is a nomination contestant in an electoral district in a nomination contest held in that year but who is not endorsed by the registered party as its candidate, the corporation or trade union may during that year make contributions not exceeding $1,000 in total to the endorsed candidate after he or she is endorsed.

• Marginal note:Restrictions

  (1.4) A corporation or trade union may make contributions under subsection (1.3) in respect of the candidate of any particular registered party in respect of only one election and in only one electoral district in any calendar year.

• Marginal note:Definitions

  (2) The following definitions apply in this section.

  “corporation”

  « personne morale »

  “corporation” means a corporation together with

  • (a) any other corporation controlled, directly or indirectly in any manner whatever, by the corporation; and

  • (b) any other corporation that is controlled by the same person or group of persons that controls the corporation, directly or indirectly in any manner whatever.

  “trade union”

  « syndicat »

  “trade union” means any organization of employees — the purposes of which include the regulation of relations between employers and employees — together with all of its branches or locals.

• Marginal note:Ineligible contributors

  (3) The following are not eligible to make a contribution under subsection (1):

  • (a) a corporation that does not carry on business in Canada;

  • (b) a trade union that does not hold bargaining rights for employees in Canada;

  • (c) a Crown corporation as defined in section 2 of the Financial Administration Act; and

  • (d) a corporation in respect of which the Government of Canada contributes more than 50% of its funding.

Marginal note:Contributions — inclusions and exclusions

• 404.2 (1) Any money that is used for a candidate’s, leadership contestant’s or nomination contestant’s campaign out of the candidate’s or contestant’s own funds is considered to be a contribution for the purposes of this Act.

• Marginal note:Exclusions — party, registered associations and candidates

  (2) A provision of goods or services or a transfer of funds is permitted and is not a contribution for the purposes of this Act if it is

  • (a) from a registered party to an electoral district association of the party or a candidate endorsed by the party;

  • (b) from a registered association to the party with which it is affiliated, another registered association of the party or a candidate endorsed by the party;

  • (c) from a candidate endorsed by a registered party to the party or a registered association of the party; or

  • (d) from a candidate to himself or herself in his or her capacity as a nomination contestant in respect of the same election.

• Marginal note:Exclusions — leadership contestants and nomination contestants

  (3) A transfer of funds is permitted and is not a contribution for the purposes of this Act if it is

  • (a) from a leadership contestant of a registered party to the party or a registered association of the party;

  • (b) from a nomination contestant of a registered party to the party, the registered association of the party that held the nomination contest or the official agent of the candidate endorsed by the party in the electoral district in which the nomination contest was held; or

  • (c) from a registered party to a leadership contestant with funds from a directed contribution referred to in subsection 404.3(3).

• Marginal note:Exception

  (4) A registered association, a nomination contestant or a candidate of a registered party may not transfer to the party any amount received in accordance with section 404.1 or 405.3.

• Marginal note:Exception

  (5) The provision, by an employer who is eligible to make a contribution, of a paid leave of absence during an election period to an employee for the purpose of allowing the employee to be a nomination contestant or candidate is not a contribution.

• Marginal note:Exception

  (6) The payment by an individual during a year of fees of not more than $25 per year in relation to a period of not more than 5 years for membership in a registered party is not a contribution.

Marginal note:Certain transfers prohibited

• 404.3 (1) No registered party and no electoral district association of a registered party shall provide goods or services or transfer funds to a leadership contestant or a nomination contestant, unless the goods or services are offered equally to all contestants.

• Definition of “directed contribution”

  (2) In this section, “directed contribution” means an amount, being all or part of a contribution made to a registered party, that the contributor requests in writing be transferred to a particular leadership contestant.

• Marginal note:Exception

  (3) Subsection (1) does not apply to an amount transferred out of a directed contribution by the registered party to the leadership contestant mentioned in the request if the party provides, with the amount transferred, a statement in the prescribed form setting out the name and address of the contributor, the amount and date of the contribution, the amount of the directed contribution, the amount that the party is transferring and the date of the transfer.

• Marginal note:Presumption

  (4) The amount of a directed contribution for transfer to a leadership contestant is deemed to be a contribution made by the contributor to the contestant.

Marginal note:Issuance of receipts

• 404.4 (1) Any person who is authorized to accept contributions on behalf of a registered party, a registered association, a candidate, a leadership contestant or a nomination contestant shall issue a receipt — of which he or she shall keep a copy — for each contribution of more than $25 that he or she accepts.

• Marginal note:Record keeping

  (2) Where anonymous contributions of $25 or less per person are collected in response to a general solicitation at a meeting or fundraising event related to the affairs of a registered party, a registered association, a candidate, a leadership contestant, or a nomination contestant, the person authorized to accept those contributions must record the following:

  • (a) a description of the function at which the contributions were collected;

  • (b) the date of the function;

  • (c) the approximate number of people at the function; and

  • (d) the total amount of anonymous contributions accepted.

Marginal note:Contribution limits

• 405. (1) No individual shall make contributions that exceed

  • (a) $5,000 in total in any calendar year to a particular registered party and its registered associations, nomination contestants and candidates;

  • (b) $5,000 in total to a candidate for a particular election who is not the candidate of a registered party; and

  • (c) $5,000 in total to the leadership contestants in a particular leadership contest.

• Marginal note:Exception

  (2) Subsection (1) does not apply to contributions that are made by way of an unconditional, non-discretionary testamentary disposition.

• Marginal note:Attribution of certain contributions

  (3) For the purposes of subsection (1), a contribution to a person who presents himself or herself as seeking the endorsement of a particular registered party shall be treated as a contribution referred to in paragraph (1)(a) to a candidate of that party and a contribution to a person who presents himself or herself as seeking to be a candidate not endorsed by any registered party shall be treated as a contribution referred to in paragraph (1)(b).

• Marginal note:Exception — certain contributions to own campaign

  (4) The following contributions shall not be taken into account in calculating contributions for the purposes of subsection (1):

  • (a) contributions that do not exceed $5,000 in total by a nomination contestant or candidate of a registered party out of his or her own funds to his or her own campaign as a nomination contestant or candidate;

  • (b) contributions that do not exceed $5,000 in total by a candidate for a particular election who is not the candidate of a registered party out of his or her own funds to his or her own campaign; and

  • (c) contributions that do not exceed $5,000 in total by a leadership contestant in a particular leadership contest out of his or her own funds to his or her own campaign.

• Marginal note:Deemed to be contributions

  (5) For the purposes of this Act, contributions made to a leadership contestant within 18 months after a leadership contest are deemed to be contributions for that contest.

Marginal note:Adjustment for inflation

• 405.1 (1) The inflation adjustment factor applicable to the limits established under subsections 404.1(1) and 405(1) and paragraph 405.3(2)(b), in effect for a period of one year beginning on each April 1, is a fraction with

  • (a) a numerator that is the annual average Consumer Price Index, as published by Statistics Canada under the authority of the Statistics Act, for the calendar year immediately before that date, calculated on the basis of 1992 being equal to 100; and

  • (b) a denominator that is 119.0, which is the annual average Consumer Price Index, as published by Statistics Canada under the authority of the Statistics Act, for 2002, calculated on the basis of 1992 being equal to 100.

• Marginal note:Adjustment

  (2) The amounts set out in subsections 404.1(1) and 405(1) and paragraph 405.3(2)(b) shall be multiplied by the annual inflation adjustment factor referred to in subsection (1) and the resulting amounts apply

  • (a) in the cases referred to in paragraphs 404.1(1)(a) and 405(1)(a) and subparagraph 405.3(2)(b)(i), during the calendar year that commences in that year;

  • (b) in the cases referred to in paragraphs 404.1(1)(b) and 405(1)(b) and subparagraph 405.3(2)(b)(ii), with respect to an election whose writ is issued during that year; and

  • (c) in the case referred to in paragraph 405(1)(c), with respect to a leadership contest that begins during that year.

  The resulting amounts shall be rounded to the nearest hundred dollars.

• Marginal note:Publication

  (3) Before each April 1, the Chief Electoral Officer shall cause to be published in the Canada Gazette the amounts applicable from that date.

Marginal note:No circumvention of limits

• 405.2 (1) No person or entity shall

  • (a) circumvent, or attempt to circumvent, the prohibition under subsection 404(1) or a limit set out in subsection 404.1(1) or 405(1) or paragraph 405.3(2)(b); or

  • (b) act in collusion with another person or entity for that purpose.

• Marginal note:No concealing of source of contribution

  (2) No person or entity shall

  • (a) conceal, or attempt to conceal, the identity of the source of a contribution governed by this Act; or

  • (b) act in collusion with another person or entity for that purpose.

• Marginal note:Prohibition — accepting excessive contributions

  (3) No person who is permitted to accept contributions under this Act shall knowingly accept a contribution that exceeds a limit under this Act.

• Marginal note:Prohibited agreements

  (4) No person or entity shall enter into an agreement for the provision for payment of goods or services to a registered party or a candidate that includes a term that any person will make a contribution, directly or indirectly, to a registered party, a registered association, a candidate, a leadership contestant or a nomination contestant.

Marginal note:Prohibition — making indirect contributions

• 405.3 (1) No person or entity shall make a contribution to a registered party, a registered association, a candidate or a leadership contestant or a nomination contestant that comes from money, property or the services of another person or entity that was provided to that person or entity for that purpose.

• Marginal note:Exception

  (2) Despite subsections (1) and 404(1), an association may make contributions that come from money provided by individuals who are eligible, under subsection 404(1), to make contributions if

  • (a) the contributions are made to a registered association, a nomination contestant or a candidate;

  • (b) the contributions do not exceed

    • (i) $1,000 in total in any calendar year to the recipients referred to in paragraph (a) of a particular registered party, and

    • (ii) $1,000 in total to a candidate for a particular election who is not the candidate of a registered party; and

  • (c) the association provides, along with each contribution, a statement containing the following information:

    • (i) the name and address of the individual who is responsible for the association,

    • (ii) the amount of the contribution, and

    • (iii) the name and address of each individual whose money forms part of the contribution, the amount of money provided by that individual that is included in the contribution and the date on which it was provided.

• Marginal note:If two elections in a year

  (2.1) Despite subparagraph (2)(b)(i), if two elections are held in an electoral district in a calendar year and an association has, before the polling day of the first election, made a contribution under that subparagraph to the registered association, the nomination contestants or the candidate of a particular registered party in that electoral district, the association may make contributions not exceeding $1,000 in total to the registered association, the nomination contestants and the candidate of the registered party in that electoral district during the election period for the second election.

• Marginal note:Applicable in one electoral district only

  (2.2) An association may make contributions under subsection (2.1) in respect of the registered association, the nomination contestants and the candidate of any particular registered party in only one electoral district in any calendar year.

• Marginal note:If contribution made to unsuccessful nomination contestant

  (2.3) Despite subparagraph (2)(b)(i), if an association has in any calendar year made a contribution under that subparagraph to an individual who is a nomination contestant in an electoral district in a nomination contest held in that year but who is not endorsed by the registered party as its candidate, the association may during that year make contributions not exceeding $1,000 in total to the endorsed candidate after he or she is endorsed.

• Marginal note:Applicable in one electoral district only

  (2.4) An association may make contributions under subsection (2.3) in respect of the candidate of any particular registered party in respect of only one election and in only one electoral district in any calendar year.

• Definition of “association”

  (3) In this section, “association” means an unincorporated organization — other than a trade union — together with all of its branches, chapters or any other divisions.

• Marginal note:Declaration

  (4) Together with the information referred to in paragraph (2)(c), the individual who is responsible for the association shall provide a declaration that the information is complete and accurate.

• Marginal note:Prohibition

  (5) No individual responsible for an association shall knowingly make a false or misleading declaration relating to the information referred to in paragraph (2)(c).

• Marginal note:Amount to be taken into account

  (6) For the application of subsection 405(1), an amount of money provided by an individual that was included in a contribution referred to in subsection (2) shall be taken into account in a calculation of contributions by the individual.

Marginal note:Return of contributions

405.4 If a registered party, a registered association, a candidate, a leadership contestant or a nomination contestant receives a contribution made in contravention of subsection 405(1), 405.2(4) or 405.3(1), the chief agent of the registered party, the financial agent of the registered association, the official agent of the candidate or the financial agent of the leadership contestant or nomination contestant, as the case may be, shall, within 30 days of becoming aware of the contravention, return the contribution unused to the contributor, or, if that is not possible, pay the amount of it or, in the case of a non-monetary contribution, an amount of money equal to its commercial value, to the Chief Electoral Officer who shall forward that amount to the Receiver General.

• (e) the conduct of election surveys or other surveys or research during an election period.

Marginal note:Contributions for ticketed fund-raising functions

408. If a fund-raising activity is held for the primary purpose of soliciting a monetary contribution for a registered party, a registered association, a candidate, a leadership contestant or a nomination contestant by way of selling a ticket, the amount of the monetary contribution received is the difference between the price of the ticket and the fair market value of what the ticket entitles the bearer to obtain.

Marginal note:Costs related to candidate’s representatives

409.1 Any expenses of a candidate that are incurred to remunerate the candidate’s representatives referred to in subsection 136(1) are deemed to be personal expenses of the candidate.

Marginal note:Evidence of payment — $50 or more

• 410. (1) Where an expense of $50 or more was incurred under this Act by or on behalf of a registered party, a registered association, a candidate, a leadership contestant or a nomination contestant and paid by an agent or other person authorized under this Act to pay such an expense, the agent or other person must keep a copy of the invoice prepared by the person who provided the good or service to which the expense relates together with proof that it was paid.

• Marginal note:Prohibition — accepting contributions

  (3) No person or entity, other than a registered agent of a registered party, shall accept contributions to the registered party.

Deemed Contributions

Marginal note:Deemed contributions

• 423.1 (1) An unpaid claim mentioned in the financial transactions return referred to in subsection 424(1) or in an election expenses return referred to in subsection 429(1) that remains unpaid in whole or in part on the day that is 18 months after the end of the fiscal period to which the return relates or in which the polling day fell, as the case may be, is deemed to be a contribution to the registered party of the unpaid amount on the day on which the expense was incurred.

• Marginal note:When no deemed contribution

  (2) Subsection (1) does not apply to an unpaid claim that, on the day referred to in that subsection,

  • (a) is the subject of a binding agreement to pay;

  • (b) is the subject of a legal proceeding to secure its payment;

  • (c) is the subject of a dispute as to the amount the party was liable to pay or the amount that remains unpaid; or

  • (d) has been written off by the creditor as an uncollectable debt in accordance with the creditor’s normal accounting practices.

• Marginal note:Notice by party

  (3) The chief agent of a registered party who believes that any of paragraphs (2)(a) to (d) applies to a liability to pay an amount shall so notify the Chief Electoral Officer before the day referred to in subsection (1).

• Marginal note:Publication of deemed contributions

  (4) As soon as practicable after the day referred to in subsection (1), the Chief Electoral Officer shall, in any manner that he or she considers appropriate, publish the list of claims that are deemed under subsection (1) to be contributions.

Marginal note:Quarterly returns

• 424.1 (1) The chief agent of a registered party that is entitled under subsection 435.01(1) to a quarterly allowance shall, for each quarter of the fiscal period of the party, provide the Chief Electoral Officer with a return that includes the information required under paragraphs 424(2)(a) to (c), (h.2) and (k).

• Marginal note:Period for providing return

  (2) A quarterly return shall be provided within 30 days after the end of the period to which it relates.

Marginal note:When contributions forwarded to Receiver General

425. A registered agent of a registered party shall, without delay, pay an amount of money equal to the value of a contribution received by the registered party, to the Chief Electoral Officer, who shall forward it to the Receiver General, if the name of the contributor of a contribution of more than $25, or the name or the address of the contributor having made contributions of a total amount of more than $200, is not known.

Marginal note:Auditor’s report

• 426. (1) The auditor of a registered party shall report to the party’s chief agent on the financial transactions return of the party and shall make any examination in accordance with generally accepted auditing standards that will enable the auditor to give an opinion in the report as to whether the return presents fairly the information contained in the financial records on which the return is based.

Marginal note:Auditor’s report on return on election expenses

• 430. (1) As soon as practicable after a general election, the auditor of a registered party shall report to its chief agent on its return on general election expenses and shall make any examination in accordance with generally accepted auditing standards that will enable the auditor to give an opinion in the report as to whether the return presents fairly the information contained in the financial records on which the return is based.

Marginal note:Certificate

• 435. (1) On receipt from a registered party of the documents referred to in subsection 429(1), the Chief Electoral Officer shall provide the Receiver General with a certificate that sets out the amount that is 50% of the registered party’s election expenses that were paid by its registered agents as set out in the return for its general election expenses, if

Quarterly Allowances

Marginal note:Quarterly allowance

• 435.01 (1) The Chief Electoral Officer shall determine, for each quarter of a calendar year, an allowance payable to a registered party whose candidates for the most recent general election preceding that quarter received at that election at least

  • (a) 2% of the number of valid votes cast; or

  • (b) 5% of the number of valid votes cast in the electoral districts in which the registered party endorsed a candidate.

• Marginal note:Computation of fund

  (2) An allowance fund for a quarter is the product of

  • (a) $0.4375 multiplied by the number of valid votes cast in the election referred to in subsection (1), and

  • (b) the inflation adjustment factor determined under subsection 405.1(1) that is in effect for that quarter.

• Marginal note:Computation of party’s allowance

  (3) Each such registered party’s allowance for a quarter is that part of the allowance fund for that quarter that corresponds to its percentage of valid votes cast in the election mentioned in subsection (1).

• Marginal note:Merger of parties

  (4) A merged party is entitled to the aggregate of the allowances to which the merging parties of which it is composed would have been entitled had they not merged.

Marginal note:Certificate

• 435.02 (1) As soon as practicable after the end of each quarter, the Chief Electoral Officer shall provide the Receiver General with a certificate that sets out the amount of the allowance payable to a registered party for that quarter.

• Marginal note:Delay for non-compliance

  (2) If a registered party has not provided all the documents that it is required to provide under sections 424, 424.1 and 429, the Chief Electoral Officer shall postpone providing the certificate for any quarter until the party has provided those documents.

• Marginal note:Payment

  (3) The Receiver General shall, on receipt of a certificate, pay to the registered party out of the Consolidated Revenue Fund the amount set out in the certificate. The payment may also be made in whole or in part to any provincial division of the party, as authorized in writing by the leader of the party.

• Definition of “provincial division”

  (4) In this Act, “provincial division” means a division of a registered party for a province or territory in relation to which the leader of the party has provided the following to the Chief Electoral Officer:

  • (a) the name of the division and of the province or territory;

  • (b) the name of the party;

  • (c) the address of the office at which records of that division are maintained and to which communications may be addressed;

  • (d) the names and addresses of the chief executive officer and other officers of the division;

  • (e) the name and address of any registered agent appointed by the division; and

  • (f) a declaration signed by the leader of the party certifying that the division is a division of the party.

  This Act applies to information provided under this subsection as if it were information referred to in paragraphs 366(2)(a) to (h).

• Marginal note:Report of changes in information

  (5) Within 15 days after a change in the information referred to in subsection (4), the chief executive officer of the provincial division shall report the change in writing to the chief agent of the registered party.

Division 3.1Registration and Financial Administration of Leadership Contestants

Registration

Definition of “personal expenses”

435.03 In this Division, “personal expenses” of a leadership contestant means his or her expenses that are reasonably incurred in relation to his or her leadership campaign and include

• (a) travel and living expenses;

• (b) childcare expenses;

• (c) expenses relating to the provision of care for a person with a physical or mental incapacity for whom the contestant normally provides such care; and

• (d) in the case of a contestant who has a disability, additional personal expenses that are related to the disability.

Marginal note:Notice of leadership contest

• 435.04 (1) If a registered party proposes to hold a leadership contest, the chief agent of the party shall file with the Chief Electoral Officer a statement setting out the dates on which the leadership contest is to begin and end.

• Marginal note:Variation and cancellation

  (2) A registered party that proposes to vary the leadership contest period or to cancel a leadership contest shall file with the Chief Electoral Officer a statement setting out, as the case may be, the amended beginning date or ending date or the fact of its cancellation.

• Marginal note:Publication

  (3) The Chief Electoral Officer shall, in the manner that he or she considers appropriate, publish a notice containing the information referred to in subsections (1) and (2).

Marginal note:Duty to register

• 435.05 (1) 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 shall register as a leadership contestant.

• Marginal note:Deeming

  (2) For the purposes of this Part, a leadership contestant is deemed to have been a leadership contestant from the time he or she accepts a contribution or incurs a leadership campaign expense.

Marginal note:Contents of application

• 435.06 (1) An application for registration as a leadership contestant must include the following:

  • (a) the name of the leadership contestant;

  • (b) the address of the place at which the records of the leadership contestant are maintained and to which communications may be addressed;

  • (c) the name and address of the leadership contestant’s financial agent; and

  • (d) the name and address of the leadership contestant’s appointed auditor.

• Marginal note:Accompanying documents

  (2) The application must be accompanied by the following:

  • (a) the signed consent of the financial agent to so act;

  • (b) the signed consent of the auditor to so act;

  • (c) a declaration signed by the chief agent of the registered party holding the leadership contest certifying that the party accepts the applicant as a leadership contestant; and

  • (d) a statement containing the information referred to in paragraphs 435.3(2)(d) and (e) with respect to contributions received before the application for registration.

• Marginal note:Examination of application

  (3) The Chief Electoral Officer shall register a leadership contestant who meets the requirements set out in subsections (1) and (2). In the case of a refusal to register, the Chief Electoral Officer shall indicate which of those requirements have not been met.

Marginal note:Registry

435.07 The Chief Electoral Officer shall maintain a registry of leadership contestants that contains the information referred to in subsection 435.06(1).

Marginal note:Appointments

• 435.08 (1) A leadership contestant may, subject to any terms and conditions that the contestant specifies, appoint leadership campaign agents authorized to accept contributions and to incur and pay leadership campaign expenses for the contestant.

• Marginal note:Report of appointment

  (2) Within 30 days after the appointment of a leadership campaign agent, the leadership contestant shall provide the Chief Electoral Officer with a written report, certified by the contestant’s financial agent, that includes the name and address of the leadership campaign agent and any terms and conditions to which the appointment is subject. The Chief Electoral Officer shall enter that information in the registry of leadership contestants.

Marginal note:Agents — ineligible persons

435.09 The following persons are not eligible to be the financial agent or a leadership campaign agent of a leadership contestant:

• (a) an election officer or a member of the staff of a returning officer;

• (b) a leadership contestant;

• (c) an auditor appointed as required by this Act;

• (d) a person who is not an elector;

• (e) an undischarged bankrupt; and

• (f) a person who does not have the capacity to enter into contracts in the province in which the person ordinarily resides.

Marginal note:Auditor — eligibility

• 435.1 (1) Only the following are eligible to be an auditor for a leadership contestant:

  • (a) a person who is a member in good standing of a corporation, an association or an institute of professional accountants; or

  • (b) a partnership of which every partner is a member in good standing of a corporation, an association or an institute of professional accountants.

• Marginal note:Auditor — ineligible persons

  (2) The following persons are not eligible to be an auditor for a leadership contestant:

  • (a) election officers and members of the staff of returning officers;

  • (b) chief agents of registered parties or eligible parties and registered agents of registered parties;

  • (c) candidates and official agents of candidates;

  • (d) electoral district agents of registered associations;

  • (e) leadership contestants and their leadership campaign agents;

  • (f) nomination contestants and their financial agents; and

  • (g) financial agents of registered third parties.

• Marginal note:Where member of partnership appointed as agent

  (3) A person may be appointed as agent for a leadership contestant notwithstanding that the person is a member of a partnership that has been appointed as an auditor, in accordance with thr Act for the registered party.

Marginal note:Consent

435.11 A leadership contestant shall obtain from the financial agent or auditor, on appointment, their signed consent to so act.

Marginal note:Replacement of financial agent or auditor

435.12 In the event of the death, incapacity, resignation or revocation of the appointment of the financial agent or auditor, a leadership contestant shall without delay appoint a replacement.

Marginal note:Only one financial agent and auditor

435.13 A leadership contestant shall have no more than one financial agent and one auditor at a time.

Marginal note:Prohibition — agents

• 435.14 (1) No person who is not eligible to be the financial agent or a leadership campaign agent of a leadership contestant shall so act.

• Marginal note:Prohibition — auditor

  (2) No person who is not eligible to be an auditor of a leadership contestant shall so act.

Marginal note:Changes in registered information

• 435.15 (1) Within 30 days after a change in the information referred to in subsection 435.06(1), a leadership contestant shall report the change in writing to the Chief Electoral Officer.

• Marginal note:New auditor or financial agent

  (2) A report under subsection (1) that involves the replacement of the auditor or financial agent of the leadership contestant must include a copy of the signed consent obtained under section 435.11.

• Marginal note:Registration of change

  (3) The Chief Electoral Officer shall enter any change in the information referred to in this section in the registry of leadership contestants.

Marginal note:Withdrawal of a leadership contestant

435.16 A leadership contestant who withdraws from the leadership contest shall file with the Chief Electoral Officer a statement in writing to that effect signed by the contestant and indicating the date of the withdrawal. The Chief Electoral Officer shall indicate the withdrawal in the registry of leadership contestants.

Marginal note:Notice of withdrawal of acceptance

435.17 A registered party that withdraws its acceptance of a leadership contestant shall file with the Chief Electoral Officer a statement in writing to that effect signed by the chief agent of the party and indicating the date of the withdrawal. The Chief Electoral Officer shall enter the withdrawal of acceptance in the registry of leadership contestants.

Marginal note:Relieved of obligations

435.18 A leadership contestant who withdraws in accordance with section 435.16 or whose acceptance is withdrawn in accordance with section 435.17 is relieved of the obligation to provide returns under section 435.31 for any period after the withdrawal.

Marginal note:Notification of party

435.19 The Chief Electoral Officer shall, on becoming aware that a leadership contestant of a registered party has failed to comply with any requirement under this Division, notify the party accordingly.

Financial Administration of Leadership Contestants

Powers, Duties and Functions of Financial Agent

Marginal note:Duty of financial agent

435.2 The financial agent of a leadership contestant is responsible for administering the contestant’s financial transactions for his or her leadership campaign and for reporting on those transactions in accordance with the provisions of this Act.

Marginal note:Bank account

• 435.21 (1) The financial agent of a leadership contestant shall open, for the sole purpose of the contestant’s leadership campaign, a separate bank account in a Canadian financial institution as defined in section 2 of the Bank Act, or in an authorized foreign bank as defined in that section, that is not subject to the restrictions and requirements referred to in subsection 524(2) of that Act.

• Marginal note:Account holder name

  (2) The account must name the account holder as follows: “(name of financial agent), financial agent”.

• Marginal note:Payments and receipts

  (3) All financial transactions of the leadership contestant in relation to the contestant’s leadership campaign that involve the payment or receipt of money are to be paid from or deposited to the account.

• Marginal note:Closure of bank account

  (4) The financial agent of a leadership contestant shall close the account after the end of the leadership contest or the withdrawal or death of the contestant and

  • (a) after the subsequent disposal of any surplus leadership campaign funds in accordance with this Act; or

  • (b) if there are unpaid claims at the end of the leadership contest, after those claims have been dealt with in accordance with this Act.

• Marginal note:Final statement of bank account

  (5) The financial agent shall, on closing the account, provide the Chief Electoral Officer with the final statement of the account.

Marginal note:Prohibition — accepting contributions

• 435.22 (1) No person, other than a leadership campaign agent of a leadership contestant, shall accept contributions to the contestant’s leadership campaign.

• Marginal note:Accepting certain transfers prohibited

  (2) No leadership campaign agent of a leadership contestant shall accept a transfer of funds from a registered party or registered association, except the transfer by a registered party of an amount out of a directed contribution as defined in subsection 404.3(2).

• Marginal note:Prohibition — paying leadership campaign expenses

  (3) No person or entity, other than a leadership campaign agent of the leadership contestant, shall pay leadership campaign expenses, other than personal expenses, of the contestant.

• Marginal note:Prohibition — incurring leadership campaign expenses

  (4) No person or entity, other than a leadership contestant or one of his or her leadership campaign agents, shall incur leadership campaign expenses of the contestant.

• Marginal note:Prohibition — contestant’s personal expenses

  (5) No person, other than a leadership contestant or his or her financial agent, shall pay the contestant’s personal expenses.

Recovery of Claims

Marginal note:Claim for payment

• 435.23 (1) A person who has a claim to be paid for an expense in relation to a leadership campaign shall send the invoice or other document evidencing the claim to

  • (a) the leadership contestant’s financial agent; or

  • (b) the leadership contestant, if there is no financial agent.

• Marginal note:Bar to recovery

  (2) A claimant is barred from recovery of a claim to be paid if the invoice or other document evidencing the claim is sent more than three months after the end of the leadership contest.

• Marginal note:Deceased claimant

  (3) If a claimant dies before the end of the three-month period, a new three-month period begins, for the purposes of subsection (1), on the day on which the claimant’s legal representative becomes entitled to act for the claimant.

Marginal note:Payment within 18 months

• 435.24 (1) A claim for leadership campaign expenses that has been sent in accordance with section 435.23 must be paid within 18 months after the end of the leadership contest.

• Marginal note:Exceptions

  (2) The requirement to pay a claim within 18 months does not apply to a claim in respect of which

  • (a) the documents may be sent within a new period under subsection 435.23(3);

  • (b) the Chief Electoral Officer has authorized payment under section 435.26;

  • (c) a judge has authorized payment under section 435.27; or

  • (d) proceedings have been commenced under section 435.28.

Marginal note:Unenforceable contracts

435.25 A contract involving a leadership campaign expense in relation to a leadership contestant is not enforceable against the contestant unless entered into by the contestant personally or by one of the contestant’s leadership campaign agents.

Marginal note:Irregular claims or payments — Chief Electoral Officer

• 435.26 (1) On the written application of a leadership contestant, of the contestant’s financial agent or of a person with a claim to be paid for a leadership campaign expense in relation to a leadership contestant, the Chief Electoral Officer may, on being satisfied that there are reasonable grounds for so doing, in writing authorize the payment, through the contestant’s financial agent, of the amount claimed if

  • (a) the invoice or other document evidencing the claim was not sent in accordance with section 435.23; or

  • (b) the payment was not made in accordance with subsection 435.24(1).

• Marginal note:Conditions

  (2) The Chief Electoral Officer may impose any term or condition that he or she considers appropriate on a payment authorized under subsection (1).

Marginal note:Irregular claims and payments — judge

435.27 On the application of a person with a claim to be paid for a leadership campaign expense in relation to a leadership contestant or on the application of the contestant’s financial agent or the contestant, as the case may be, a judge who is competent to conduct a recount may, on being satisfied that there are reasonable grounds for so doing, by order authorize the payment, through the contestant’s financial agent, of the amount claimed if

• (a) the applicant establishes that an authorization under subsection 435.26(1) has been refused and that the invoice or other document evidencing the claim was not sent in accordance with section 435.23 or the payment has not been made in the four-month period referred to in subsection 435.24(1); or

• (b) the amount claimed has not been paid in accordance with an authorization obtained under subsection 435.26(1) and the applicant establishes their inability to comply with the authorization for reasons beyond their control.

The applicant shall notify the Chief Electoral Officer that the application has been made.

Marginal note:Proceedings to recover payment

• 435.28 (1) A person who has sent a claim in accordance with section 435.23 may commence proceedings in a court of competent jurisdiction to recover any unpaid amount

  • (a) at any time, if the leadership contestant or his or her financial agent refuses to pay that amount or disputes that it is payable; and

  • (b) after the end of the period referred to in subsection 435.24(1) or any extension of that period authorized by subsection 435.26(1) or section 435.27, in any other case.

• Marginal note:Payment deemed properly made

  (2) An amount paid by the financial agent of a leadership contestant as a result of proceedings referred to in subsection (1) is deemed to have been paid in accordance with this Act.

Marginal note:Deemed contributions

• 435.29 (1) An unpaid claim mentioned in a return referred to in subsection 435.3(1) that, on the day that is 18 months after the end of the leadership contest, remains unpaid, in whole or in part, is deemed to be a contribution of the unpaid amount to the leadership contestant made as of the day on which the expense was incurred.

• Marginal note:When no deemed contribution

  (2) Subsection (1) does not apply to an unpaid claim that, on the day referred to in that subsection,

  • (a) is the subject of a binding agreement to pay;

  • (b) is the subject of a legal proceeding to secure its payment;

  • (c) is the subject of a dispute as to the amount the leadership contestant was liable to pay or the amount that remains unpaid; or

  • (d) has been written off by the creditor as an uncollectable debt in accordance with the creditor’s normal accounting practices.

• Marginal note:Notice

  (3) A leadership contestant or a financial agent who believes that any of paragraphs (2)(a) to (d) applies to a liability to pay an amount shall so notify the Chief Electoral Officer before the day referred to in subsection (1).

• Marginal note:Publication of deemed contributions

  (4) As soon as practicable after the day referred to in subsection (1), the Chief Electoral Officer shall, in any manner that he or she considers appropriate, publish the list of claims that are deemed under subsection (1) to be contributions.

Return on Financing and Expenses in a Leadership Campaign

Marginal note:Leadership campaign return

• 435.3 (1) The financial agent of a leadership contestant shall provide the Chief Electoral Officer with the following in respect of a leadership campaign:

  • (a) a leadership campaign return, substantially in the prescribed form, on the financing and leadership campaign expenses for the leadership campaign;

  • (b) the auditor’s report on the return, if one is required under subsection 435.33(1);

  • (c) a declaration, in the prescribed form, made by the financial agent that the return is complete and accurate; and

  • (d) a declaration in the prescribed form made by the leadership contestant that the return is complete and accurate.

• Marginal note:Contents of return

  (2) The leadership campaign return shall include the following information in respect of the leadership contestant:

  • (a) a statement of leadership campaign expenses;

  • (b) a statement of disputed claims that are the subject of proceedings under section 435.28;

  • (c) a statement of unpaid claims that are, or may be, the subject of an application under section 435.26 or 435.27;

  • (d) the total contributions received by the leadership contestant and the number of contributors;

  • (d.1) disclosure of all financial loans for the purposes of the campaign, including interest rates, repayment schedules and the name of the lender;

  • (e) the name and address of each contributor who made contributions of a total amount of more than $200 to the leadership contestant, that total amount, as well as the amount of each such contribution and the date on which it was received by the contestant;

  • (f) the name and address of each contributor who made a contribution that includes a directed contribution as defined in subsection 404.3(2) out of which an amount has been transferred by the party to the contestant, the amount of the contribution, the amount of the directed contribution, the amount transferred, as well as the dates of the receipt of the contribution and of the transfer;

  • (g) a statement of the commercial value of goods or services provided and of funds transferred by the leadership contestant to a registered party or a registered association; and

  • (h) a statement of contributions received but returned to the contributor or otherwise dealt with in accordance with this Act.

• Marginal note:Supporting documents

  (3) Together with the leadership campaign return, the financial agent of a leadership contestant shall provide to the Chief Electoral Officer documents evidencing expenses set out in the return, including bank statements, deposit slips, cancelled cheques and the contestant’s written statement concerning personal expenses referred to in subsection 435.36(1).

• Marginal note:Order for additional supporting documents

  (4) If the Chief Electoral Officer is of the opinion that the documents provided under subsection (3) are not sufficient, the Chief Electoral Officer may require the financial agent to provide by a specified date any additional documents that are necessary to comply with that subsection.

• Marginal note:Loans

  (5) For the purpose of subsection (2), other than paragraph (2)(h), a contribution includes a loan.

• Marginal note:Period for providing documents

  (6) The documents referred to in subsection (1) must be provided to the Chief Electoral Officer within six months after the end of the leadership contest.

• Marginal note:Declaration of leadership contestant

  (7) A leadership contestant shall, within six months after the end of the leadership contest, send to his or her financial agent the declaration referred to in paragraph (1)(d).

• Marginal note:Death of leadership contestant

  (8) If a leadership contestant dies without having sent the declaration within the period referred to in subsection (7)

  • (a) he or she is deemed to have sent the declaration in accordance with that subsection; and

  • (b) the financial agent is deemed to have sent the declaration to the Chief Electoral Officer in accordance with subsection (1).

Marginal note:Return on contributions

• 435.31 (1) The financial agent of a leadership contestant shall, for the period beginning on the first day of the leadership contest and ending on the day that is four weeks before the end of the leadership contest, provide the Chief Electoral Officer with a return that includes the information required under paragraphs 435.3(2)(d) to (h).

• Marginal note:Weekly returns

  (2) The financial agent of a leadership contestant shall, for each of the three weeks after the end of the period referred to in subsection (1), provide the Chief Electoral Officer with such a return weekly.

• Marginal note:Period for providing return

  (3) A return referred to in subsection (1) or (2) shall be provided no later than one week after the end of the period to which it relates.

Marginal note:When contributions forwarded to Receiver General

435.32 The financial agent of a leadership contestant shall, without delay, pay an amount of money equal to the value of a contribution that the contestant received to the Chief Electoral Officer, who shall forward it to the Receiver General, if the name of the contributor of a contribution of more than $25, or the name or the address of the contributor having made contributions of a total amount of more than $200, is not known.

Marginal note:Auditor’s report

• 435.33 (1) As soon as practicable after the end of a leadership contest, the auditor of a leadership contestant who has accepted contributions of $5,000 or more in total or incurred leadership campaign expenses of $5,000 or more in total shall report to the contestant’s financial agent on the leadership campaign return and shall, in accordance with generally accepted auditing standards, make any examination that will enable the auditor to give an opinion in the report as to whether the return presents fairly the information contained in the financial records on which it is based.

• Marginal note:Statement

  (2) The auditor’s report shall include any statement that the auditor considers necessary if

  • (a) the return does not present fairly the information contained in the financial records on which it is based;

  • (b) the auditor has not received from the leadership contestant or his or her financial agent all the information and explanation that the auditor required; or

  • (c) based on the examination, it appears that proper accounting records have not been kept by the financial agent.

• Marginal note:Right of access

  (3) The auditor shall have access at any reasonable time to all documents of the leadership contestant and may require the contestant and his or her financial agent to provide any information or explanation that, in the auditor’s opinion, is necessary to enable the auditor to prepare the report.

• Marginal note:Ineligible to prepare report

  (4) A person referred to in subsection 435.1(2) who is a partner or an associate of an auditor of a leadership contestant or who is an employee of that auditor, or of the firm in which that auditor is a partner or associate, may not participate, other than in the manner referred to in subsection (3), in the preparation of the auditor’s report.

Marginal note:Extended period for leadership contestants outside Canada

• 435.34 (1) Despite subsection 435.3(6), a leadership contestant who is outside Canada when the other documents referred to in subsection 435.3(1) are provided shall, within 14 days after returning to Canada, provide the Chief Electoral Officer with the leadership contestant’s declaration referred to in paragraph 435.3(1)(d).

• Marginal note:No extended period for financial agent

  (2) Subsection (1) does not apply to excuse a leadership contestant’s financial agent from complying with his or her obligations under this Act to prepare the return on the contestant’s leadership campaign expenses and make a declaration concerning it referred to in paragraph 435.3(1)(c).

Marginal note:Updating financial reporting documents

• 435.35 (1) After the period referred to in subsection 435.3(6), the leadership contestant’s financial agent shall provide the Chief Electoral Officer with an updated version of any document referred to in subsection 435.3(1) that relates to a claim involving

  • (a) an extended period of recoverability under subsection 435.23(3) because of the death of a claimant;

  • (b) an authorization to pay under section 435.26;

  • (c) an order to pay under section 435.27; or

  • (d) a disputed claim under section 435.28.

• Marginal note:When no update for audit required

  (2) If the matters dealt with in the updated versions of the documents have been subject to an audit under section 435.33, an updated version of the auditor’s report need not be provided.

• Marginal note:Period for providing update

  (3) The leadership contestant’s financial agent shall provide an updated version of a document referred to in subsection 435.3(1) within 30 days after making a payment that is dealt with in the updated version.

Marginal note:Statement of personal expenses

• 435.36 (1) A leadership contestant shall, within five months after the end of the leadership contest, send to his or her financial agent a written statement in the prescribed form that

  • (a) sets out the amount of any personal expenses that he or she paid and details of those personal expenses, including documentation of their payment; or

  • (b) declares that he or she did not pay for any personal expenses.

• Marginal note:Death of contestant

  (2) Subsection (1) does not apply to a leadership contestant who dies without having sent the written statement referred to in that subsection before the end of the five-month period referred to in it.

Corrections and Extended Reporting Periods

Marginal note:Minor corrections — Chief Electoral Officer

• 435.37 (1) The Chief Electoral Officer may correct a document referred to in subsection 435.3(1) or 435.35(1), if the correction does not materially affect its substance.

• Marginal note:Corrections at request of Chief Electoral Officer

  (2) The Chief Electoral Officer may in writing request the leadership contestant or his or her financial agent to correct, within a specified period, a document referred to in subsection 435.3(1) or 435.35(1).

Marginal note:Extension or correction — Chief Electoral Officer

• 435.38 (1) The Chief Electoral Officer, on the written application of a leadership contestant or his or her financial agent, may authorize

  • (a) the extension of a period provided in subsection 435.3(4) or 435.35(3); or

  • (b) the correction, within a specified period, of a document referred to in subsection 435.3(1) or updated document referred to in subsection 435.35(1).

• Marginal note:Deadline

  (2) An application may be made

  • (a) under paragraph (1)(a), within the period provided in subsection 435.3(4) or 435.35(3), as the case may be; and

  • (b) under paragraph (1)(b), as soon as the applicant becomes aware of the need for correction.

• Marginal note:Grounds

  (3) The Chief Electoral Officer may not authorize an extension or correction unless he or she is satisfied by the evidence submitted by the applicant that the circumstances giving rise to the application arose by reason of

  • (a) the illness of the applicant;

  • (b) the absence, death, illness or misconduct of the financial agent or a predecessor;

  • (c) the absence, death, illness or misconduct of a clerk or an officer of the financial agent, or a predecessor of one of them; or

  • (d) inadvertence or an honest mistake of fact.

Marginal note:Extension or correction — judge

• 435.39 (1) A leadership contestant or his or her financial agent may apply to a judge who is competent to conduct a recount for an order

  • (a) relieving the contestant or financial agent from complying with a request referred to in subsection 435.37(2); or

  • (b) authorizing an extension referred to in paragraph 435.38(1)(a) or correction referred to in paragraph 435.38(1)(b).

  The applicant shall notify the Chief Electoral Officer of the application.

• Marginal note:Deadline

  (2) An application may be made

  • (a) under paragraph (1)(a), within the specified period referred to in subsection 435.37(2) or within the two weeks after the expiration of that period; or

  • (b) under paragraph (1)(b), within two weeks after, as the case may be,

    • (i) the rejection of an application, made in accordance with section 435.38, for the extension or correction, or

    • (ii) the expiration of the extended period or specified period authorized under paragraph 435.38(1)(a) or (b).

• Marginal note:Grounds

  (3) A judge may not grant an order unless he or she is satisfied that the circumstances giving rise to the application arose by reason of one of the factors referred to in subsection 435.38(3).

• Marginal note:Contents of order

  (4) An order under subsection (1) may require that the applicant satisfy any condition that the judge considers necessary for carrying out the purposes of this Act.

Marginal note:Refusal or failure of financial agent

• 435.4 (1) A judge dealing with an application under section 435.39 or 435.41 who is satisfied that a leadership contestant or a financial agent has not provided the documents referred to in subsection 435.3(1) in accordance with this Act because of a refusal by, or a failure of, the financial agent or a predecessor of the financial agent shall, by order served personally, require the financial agent or that predecessor to appear before the judge.

• Marginal note:Show cause orders

  (2) The judge shall, unless the financial agent or predecessor on his or her appearance shows cause why an order should not be issued, order in writing that he or she

  • (a) do anything that the judge considers appropriate in order to remedy the refusal or failure; or

  • (b) be examined concerning any information that pertains to the refusal or failure.

Marginal note:Recourse of contestant for fault of financial agent

435.41 A leadership contestant may apply to a judge who is competent to conduct a recount for an order that relieves the contestant from any liability or consequence under this or any other Act of Parliament in relation to an act or omission of the contestant’s financial agent, if the contestant establishes that

• (a) it occurred without his or her knowledge or acquiescence; or

• (b) he or she exercised all due diligence to avoid its occurrence.

The applicant shall notify the Chief Electoral Officer that the application has been made.

Marginal note:Destruction of documents — judge

• 435.42 (1) A leadership contestant or his or her financial agent may apply to a judge who is competent to conduct a recount for an order relieving the financial agent from the obligation to provide a document referred to in subsection 435.3(1) or 435.35(1). The contestant or financial agent shall notify the Chief Electoral Officer that the application has been made.

• Marginal note:Grounds

  (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 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

435.43 No leadership contestant and no financial agent of a leadership contestant shall provide the Chief Electoral Officer with a document referred to in subsection 435.3(1) or 435.35(1) that

• (a) the contestant or the financial 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 435.3(2) or required to be updated under subsection 435.35(1).

Surplus of Leadership Campaign Funds

Marginal note:Surplus of leadership campaign funds

435.44 The surplus amount of leadership campaign funds that a leadership contestant receives for a leadership contest is the amount by which the sum of amounts referred to in subsection 404.3(3), contributions accepted by the leadership campaign agents on behalf of the contestant and any other amounts that were received by the contestant for his or her leadership campaign and that are not repayable is more than the sum of the contestant’s leadership campaign expenses paid under this Act and the transfers referred to in paragraph 404.2(3)(a).

Marginal note:Notice of assessment and estimate of surplus campaign funds

• 435.45 (1) If the Chief Electoral Officer estimates that a leadership contestant has a surplus of leadership campaign funds, the Chief Electoral Officer shall issue a notice of the estimated amount of the surplus to the contestant’s financial agent.

• Marginal note:Disposition of surplus by financial agent

  (2) The financial agent of a leadership contestant who has a surplus of leadership campaign funds but has not received a notice of estimated surplus under subsection (1) shall dispose of that estimated surplus within 60 days after the provision of the contestant’s leadership campaign return.

Marginal note:Period for disposal of surplus funds

• 435.46 (1) The financial agent of a leadership contestant shall dispose of a surplus of leadership campaign funds within 60 days after receiving the notice of estimated surplus.

• Marginal note:Remittance of surplus

  (2) Surplus leadership campaign funds must be transferred to the registered party that is holding the leadership contest or a registered association of that party.

Marginal note:Notice of disposal of surplus

• 435.47 (1) The financial agent of a leadership contestant shall, within seven days after disposing of the contestant’s surplus leadership campaign funds, notify the Chief Electoral Officer in the prescribed form of the amount and date of the disposal and to whom the surplus was transferred.

• Marginal note:Publication

  (2) As soon as practicable after the disposal of a leadership contestant’s surplus leadership campaign funds, the Chief Electoral Officer shall, in any manner that he or she considers appropriate, publish a notice referred to in subsection (1).

Marginal note:Deemed contributions

• 450. (1) An unpaid claim mentioned in a return referred to in subsection 451(1) that, on the day that is 18 months after polling day for the election to which the return relates, remains unpaid, in whole or in part, is deemed to be a contribution of the unpaid amount to the candidate made as of the day on which the expense was incurred.

• (b) the name of the contributor of a contribution of more than $25, the name or the address of the contributor having made contributions of a total amount of more than $200 or the name of the chief executive officer or president of a contributor referred to in paragraph 451(2)(h.1) is not known.

Marginal note:Auditor’s report on return on election expenses

• 453. (1) As soon as practicable after an election, the auditor of a candidate shall report to the candidate’s official agent on the electoral campaign return referred to in paragraph 451(1)(a) and shall, in accordance with generally accepted auditing standards, make any examination that will enable the auditor to give an opinion in the report as to whether the return presents fairly the information contained in the financial records on which it is based.

Marginal note:Recourse of candidate for fault of official agent

461. A candidate may apply to a judge who is competent to conduct a recount for an order that relieves the candidate from any liability or consequence under this or any other Act in relation to an act or omission of the candidate’s official agent, if the candidate establishes that

Marginal note:Reimbursement of auditor’s fees

466. On receipt of the documents referred to in subsection 451(1) and, if it applies, subsection 455(1), including the auditor’s report, and a copy of the auditor’s invoice for that report in an amount of $250 or more, the Chief Electoral Officer shall provide the Receiver General with a certificate that sets out the amount of the expenses incurred for the audit, up to a maximum of the lesser of 3% of the candidate’s election expenses and $1,500.

Marginal note:Payment

467. On receipt of the certificate, the Receiver General shall pay the amount set out in it to the auditor out of the Consolidated Revenue Fund.

• (a) he or she is deemed for the purpose of section 464 to receive 10% of the valid votes cast in the electoral district in which he or she was a candidate; and

• (a) any funds that the candidate transfers, during the election, to a registered party or a registered association;

• (b) any amount of a reimbursement referred to in paragraphs (2)(b) and (c) that the candidate transfers to that registered party; and

• (c) any funds transferred by the candidate under paragraph 404.2(2)(d).

• (a) in the case of a candidate who was endorsed by a registered party, to that party or to the registered association of that party in the candidate’s electoral district; or

Marginal note:Prohibition — transfer of contributions

476. No registered agent of a registered party, financial agent of a registered association or financial agent of a nomination contestant shall transfer funds to a candidate after polling day except to pay claims related to the candidate’s electoral campaign.

Division 5Nomination Contest Report and Financial Administration of Nomination Contestants

Nomination Contest Report

Marginal note:Definitions

478.01 The definitions in this section apply in this Division.

“personal expenses”

« dépense personnelle »

“personal expenses” means the expenses that are reasonably incurred by or on behalf of a nomination contestant in relation to a nomination campaign and include

• (a) travel and living expenses;

• (b) childcare expenses;

• (c) expenses relating to the provision of care for a person with a physical or mental incapacity for whom the contestant normally provides such care; and

• (d) in the case of a contestant who has a disability, additional personal expenses that are related to the disability.

“selection date”

« date de désignation »

“selection date” means the date on which a nomination contest is decided.

Marginal note:Notice of nomination contest

• 478.02 (1) When a nomination contest is held, the registered party, or the registered association if the contest was held by the registered association, shall, within 30 days after the selection date, file with the Chief Electoral Officer a report setting out

  • (a) the name of the electoral district, the registered association and the registered party that the nomination contest concerns;

  • (b) the date on which the nomination contest began and the selection date;

  • (c) the name and address of each nomination contestant as of the selection date and of his or her financial agent; and

  • (d) the name of the person selected in the nomination contest.

• Marginal note:Notice

  (2) The Chief Electoral Officer shall, in the manner that he or she considers appropriate, communicate to each nomination contestant the information related to that contestant that was reported under subsection (1).

• Marginal note:Publication

  (3) The Chief Electoral Officer shall, in the manner that he or she considers appropriate, publish a notice containing the information referred to in subsection (1).

Marginal note:Deeming

478.03 For the purposes of this Part, a nomination contestant is deemed to have been a nomination contestant from the time he or she accepts a contribution or incurs a nomination campaign expense.

Marginal note:Duty to appoint financial agent

478.04 No nomination contestant shall, in relation to his or her nomination campaign, accept contributions or incur nomination campaign expenses unless he or she has appointed a financial agent.

Marginal note:Agents — ineligible persons

• 478.05 (1) The following persons are not eligible to be the financial agent of a nomination contestant:

  • (a) an election officer or a member of the staff of a returning officer;

  • (b) a candidate or a nomination contestant;

  • (c) an auditor appointed as required by this Act;

  • (d) a person who is not an elector;

  • (e) an undischarged bankrupt; and

  • (f) a person who does not have the capacity to enter into contracts in the province in which the person ordinarily resides.

• Marginal note:Where member of partnership appointed as agent

  (2) A person may be appointed as agent for a nomination contestant notwithstanding that the person is a member of a partnership that has been appointed as an auditor, in accordance with the Act for the registered party.

Marginal note:Consent

478.06 A nomination contestant shall obtain from the financial agent, on appointment, their signed consent to so act.

Marginal note:Replacement of financial agent

478.07 In the event of the death, incapacity, resignation or revocation of the appointment of the financial agent, a nomination contestant shall without delay appoint a replacement.

Marginal note:Only one financial agent

478.08 A nomination contestant shall have no more than one financial agent at a time.

Marginal note:Prohibition — agents

478.09 No person who is not eligible to be the financial agent of a nomination contestant shall so act.

Marginal note:Changes in reported information

• 478.1 (1) Within 30 days after a change in the information referred to in paragraph 478.02(1)(c), a nomination contestant shall report the change in writing to the Chief Electoral Officer.

• Marginal note:New financial agent

  (2) A report under subsection (1) that involves the replacement of the financial agent of the nomination contestant must include a copy of the signed consent under section 478.06.

Financial Administration of Nomination Contestants

Powers, Duties and Functions of Financial Agent

Marginal note:Duty of financial agent

478.11 The financial agent of a nomination contestant is responsible for administering the contestant’s financial transactions for his or her nomination campaign and for reporting on those transactions in accordance with the provisions of this Act.

Marginal note:Bank account

• 478.12 (1) The financial agent of a nomination contestant shall open, for the sole purpose of the contestant’s nomination campaign, a separate bank account in a Canadian financial institution as defined in section 2 of the Bank Act, or in an authorized foreign bank as defined in that section, that is not subject to the restrictions and requirements referred to in subsection 524(2) of that Act.

• Marginal note:Account holder name

  (2) The account must name the account holder as follows: “(name of financial agent), financial agent”.

• Marginal note:Payments and receipts

  (3) All financial transactions of the nomination contestant in relation to the contestant’s nomination campaign that involve the payment or receipt of money are to be paid from or deposited to the account.

• Marginal note:Closure of bank account

  (4) After the selection date, the financial agent of a nomination contestant shall close the account once any unpaid claims or surplus nomination campaign funds have been dealt with in accordance with this Act.

• Marginal note:Final statement of bank account

  (5) The financial agent shall, on closing the account, provide the Chief Electoral Officer with the final statement of the account.

Marginal note:Prohibition — accepting contributions

• 478.13 (1) No person, other than the financial agent of a nomination contestant, shall accept contributions to the contestant’s nomination campaign.

• Marginal note:Accepting certain contributions prohibited

  (2) No financial agent of a nomination contestant shall accept a transfer from a registered party or registered association.

• Marginal note:Prohibition — paying nomination campaign expenses

  (3) No person or entity, other than the financial agent of a nomination contestant, shall pay nomination campaign expenses, other than personal expenses, of the contestant.

• Marginal note:Prohibition — incurring nomination campaign expenses

  (4) No person or entity, other than a nomination contestant or his or her financial agent, shall incur nomination campaign expenses of the contestant.

• Marginal note:Prohibition — contestant’s personal expenses

  (5) No person, other than a nomination contestant or his or her financial agent, shall pay the contestant’s personal expenses.

Marginal note:Limits on expenses

478.14 The limit for nomination campaign expenses — other than personal expenses as defined in section 478.01 — that is allowed for a nomination contestant in an electoral district is the amount

• (a) that is 20% of the limit that was allowed under section 440 for a candidate’s election expenses in that electoral district during the immediately preceding general election, if the boundaries for the electoral district have not changed since then; or

• (b) that the Chief Electoral Officer determines, in any other case.

Marginal note:Prohibition — expenses more than maximum

• 478.15 (1) No nomination contestant or financial agent of a nomination contestant shall incur nomination campaign expenses — other than personal expenses as defined in section 478.01 — in an amount that is more than the limit allowed for that electoral district under section 478.14.

• Marginal note:Prohibition — collusion

  (2) No person or entity shall

  • (a) circumvent, or attempt to circumvent, the limit referred to in section 478.14; or

  • (b) act in collusion with another person or entity for that purpose.

Recovery of Claims

Marginal note:Claim for payment

• 478.16 (1) A person who has a claim to be paid for an expense in relation to a nomination campaign shall send the invoice or other document evidencing the claim to

  • (a) the nomination contestant’s financial agent; or

  • (b) the nomination contestant, if there is no financial agent.

• Marginal note:Bar to recovery

  (2) A claimant is barred from recovery of a claim to be paid if the invoice or other document evidencing the claim is sent more than three months after the selection date.

• Marginal note:Deceased claimant

  (3) If a claimant dies before the end of the three-month period, a new three-month period begins, for the purposes of subsection (1), on the day on which the claimant’s legal representative becomes entitled to act for the claimant.

Marginal note:Payment within four months

• 478.17 (1) A claim for nomination campaign expenses that has been sent in accordance with section 478.16 must be paid within four months after the selection date, or in the case referred to in subsection 478.23(7), the polling day.

• Marginal note:Exceptions

  (2) The requirement to pay a claim within four months does not apply to a claim in respect of which

  • (a) the documents may be sent within a new period under subsection 478.16(3);

  • (b) the Chief Electoral Officer has authorized payment under section 478.19;

  • (c) a judge has authorized payment under section 478.2; or

  • (d) proceedings have been commenced under section 478.21.

Marginal note:Unenforceable contracts

478.18 A contract involving a nomination campaign expense in relation to a nomination contestant is not enforceable against the contestant unless entered into by the contestant personally or by the contestant’s financial agent.

Marginal note:Irregular claims or payments — Chief Electoral Officer

• 478.19 (1) On the written application of a person with a claim to be paid for a nomination campaign expense in relation to a nomination contestant or of the contestant’s financial agent or the contestant in relation to such a claim, the Chief Electoral Officer may, on being satisfied that there are reasonable grounds for so doing, in writing authorize the payment, through the contestant’s financial agent, of the amount claimed if

  • (a) the invoice or other document evidencing the claim was not sent in accordance with section 478.16; or

  • (b) the payment was not made in accordance with subsection 478.17(1).

• Marginal note:Conditions

  (2) The Chief Electoral Officer may impose any term or condition that he or she considers appropriate on a payment authorized under subsection (1).

Marginal note:Irregular claims and payments — judge

478.2 On the application of a person with a claim to be paid for a nomination campaign expense in relation to a nomination contestant or on the application of the contestant’s financial agent or the contestant, as the case may be, a judge who is competent to conduct a recount may, on being satisfied that there are reasonable grounds for so doing, by order authorize the payment, through the contestant’s financial agent, of the amount claimed if

• (a) the applicant establishes that an authorization under subsection 478.19(1) has been refused and that the invoice or other document evidencing the claim was not sent in accordance with section 478.16 or the payment has not been made in the four-month period referred to in subsection 478.17(1); or

• (b) the amount claimed has not been paid in accordance with an authorization obtained under subsection 478.19(1) and the applicant establishes their inability to comply with the authorization for reasons beyond their control.

The applicant shall notify the Chief Electoral Officer that the application has been made.

Marginal note:Proceedings to recover payment

• 478.21 (1) A person who has sent a claim in accordance with section 478.16 may commence proceedings in a court of competent jurisdiction to recover any unpaid amount

  • (a) at any time, if the nomination contestant or his or her financial agent refuses to pay that amount or disputes that it is payable; or

  • (b) after the end of the period referred to in subsection 478.17(1) or any extension of that period authorized by subsection 478.19(1) or section 478.2, in any other case.

• Marginal note:Payment deemed properly made

  (2) An amount paid by the financial agent of a nomination contestant as a result of proceedings referred to in subsection (1) is deemed to have been paid in accordance with this Act.

Marginal note:Deemed contributions

• 478.22 (1) An unpaid claim mentioned in a return referred to in subsection 478.23(1) that remains unpaid, in whole or in part, on the day that is 18 months after the selection date — or in the case referred to in subsection 478.23(7), after the polling day — is deemed to be a contribution of the unpaid amount to the nomination contestant made as of the day on which the expense was incurred.

• Marginal note:When no deemed contribution

  (2) Subsection (1) does not apply to an unpaid claim that, on the day referred to in that subsection,

  • (a) is the subject of a binding agreement to pay;

  • (b) is the subject of a legal proceeding to secure its payment;

  • (c) is the subject of a dispute as to the amount the nomination contestant was liable to pay or the amount that remains unpaid; or

  • (d) has been written off by the creditor as an uncollectable debt in accordance with the creditor’s normal accounting practices.

• Marginal note:Notice

  (3) A nomination contestant or a financial agent who believes that any of paragraphs (2)(a) to (d) applies to a liability to pay an amount shall so notify the Chief Electoral Officer before the day referred to in subsection (1).

• Marginal note:Publication of deemed contributions

  (4) As soon as practicable after the day referred to in subsection (1), the Chief Electoral Officer shall, in any manner that he or she considers appropriate, publish the list of claims that are deemed under subsection (1) to be contributions.

Return on Financing and Expenses in a Nomination Campaign

Marginal note:Nomination campaign return

• 478.23 (1) The financial agent of a nomination contestant who has accepted contributions of $1,000 or more in total or incurred nomination campaign expenses of $1,000 or more in total shall provide the Chief Electoral Officer with the following in respect of a nomination campaign:

  • (a) a nomination campaign return, substantially in the prescribed form, on the financing and nomination campaign expenses for the nomination campaign;

  • (b) if the appointment of an auditor is required under subsection 478.25(1), the auditor’s report on the return made under section 478.28;

  • (c) a declaration, in the prescribed form, made by the financial agent that the return is complete and accurate; and

  • (d) a declaration, in the prescribed form, made by the nomination contestant that the return is complete and accurate.

• Marginal note:Contents of return

  (2) The nomination campaign return shall include the following in respect of the nomination contestant:

  • (a) a statement of nomination campaign expenses;

  • (b) a statement of disputed claims that are the subject of proceedings under section 478.21;

  • (c) a statement of unpaid claims that are, or may be, the subject of an application under section 478.19 or 478.2;

  • (d) a statement of contributions received from any of the following classes of contributor: individuals, corporations, trade unions and associations as defined in subsection 405.3(3);

  • (e) the number of contributors in each class listed in paragraph (d);

  • (e.1) in the case of a contributor that is an association as defined in subsection 405.3(3),

    • (i) the name and address of the association, the amount of its contribution and the date on which it was received by the nomination contestant, and

    • (ii) the name and address of each individual whose money forms part of the contribution, the amount of money provided by that individual that is included in the contribution and the date on which it was provided to the association;

  • (f) the name and address of each other contributor who made contributions of a total amount of more than $200 to the nomination contestant, that total amount, as well as the amount of each such contribution and the date on which it was received by the contestant;

  • (g) in the case of a numbered company that is a contributor referred to in paragraph (f), the name of the chief executive officer or president of that company;

  • (h) a statement of the commercial value of goods or services provided and of funds transferred by the nomination contestant to a registered party, a registered association, or a candidate;

  • (i) a statement of the commercial value of goods or services provided and of funds transferred to the nomination contestant from himself or herself in his or her capacity as a candidate; and

  • (j) a statement of the contributions received but returned to the contributor or otherwise dealt with in accordance with this Act.

• Marginal note:Supporting documents

  (3) Together with the nomination campaign return, the financial agent of a nomination contestant shall provide to the Chief Electoral Officer documents evidencing expenses set out in the return, including bank statements, deposit slips, cancelled cheques, any statements and declarations provided to the financial agent by virtue of paragraph 405.3(2)(c) and subsection 405.3(4) and the contestant’s written statement concerning personal expenses referred to in subsection 478.31(1).

• Marginal note:Order for additional supporting documents

  (4) If the Chief Electoral Officer is of the opinion that the documents provided under subsection (3) are not sufficient, the Chief Electoral Officer may require the financial agent to provide by a specified date any additional documents that are necessary to comply with that subsection.

• Marginal note:Loans

  (5) For the purpose of subsection (2), other than paragraph (2)(i), a contribution includes a loan.

• Marginal note:Period for providing documents

  (6) The documents referred to in subsection (1) must be provided to the Chief Electoral Officer within four months after the selection date.

• Marginal note:Exception

  (7) Despite subsection (6), if the selection date of a nomination contest falls within an election period for that electoral district or the 30 days before it, a nomination contestant may submit the documents referred to in subsection (1) within the period for candidates referred to in subsection 451(4).

• Marginal note:Declaration of nomination contestant

  (8) A nomination contestant shall, within four months after the selection date, send to his or her financial agent the declaration referred to in paragraph (1)(d).

• Marginal note:Death of nomination contestant

  (9) If a nomination contestant dies without having sent the declaration within the period referred to in subsection (8),

  • (a) he or she is deemed to have sent the declaration in accordance with that subsection; and

  • (b) the financial agent is deemed to have sent the declaration to the Chief Electoral Officer in accordance with subsection (1).

Marginal note:When contributions forwarded to Receiver General

478.24 The financial agent of a nomination contestant shall, without delay, pay an amount of money equal to the value of a contribution received by the contestant to the Chief Electoral Officer who shall forward it to the Receiver General, if

• (a) the financial agent cannot determine to which of the classes listed in paragraph 478.23(2)(d) the contributor belongs; or

• (b) the name of the contributor of a contribution of more than $25, the name or the address of the contributor having made contributions of a total amount of more than $200 or the name of the chief executive officer or president of a contributor referred to in paragraph 478.23(2)(g) is not known.

Marginal note:Appointment of auditor

• 478.25 (1) A nomination contestant who has accepted contributions of $10,000 or more in total or incurred nomination campaign expenses of $10,000 or more in total must appoint an auditor without delay.

• Marginal note:Eligibility criteria

  (2) The following are eligible to be an auditor for a nomination contestant:

  • (a) a person who is a member in good standing of a corporation, an association or an institute of professional accountants; or

  • (b) a partnership every partner of which is a member in good standing of a corporation, an association or an institute of professional accountants.

• Marginal note:Ineligibility criteria

  (3) The following persons are not eligible to be an auditor for a nomination contestant:

  • (a) election officers and members of the staff of returning officers;

  • (b) chief agents of registered parties or eligible parties and registered agents of registered parties;

  • (c) candidates and official agents of candidates;

  • (d) electoral district agents of registered associations;

  • (e) leadership contestants and their leadership campaign agents;

  • (f) nomination contestants and their financial agents; and

  • (g) financial agents of registered third parties.

• Marginal note:Notification of appointment

  (4) Every nomination contestant, without delay after an auditor is appointed, must provide the Chief Electoral Officer with the auditor’s name, address, telephone number and occupation and a signed declaration by the auditor accepting the appointment.

• Marginal note:New auditor

  (5) If a nomination contestant’s auditor is replaced, the contestant must, without delay, provide the Chief Electoral Officer with the new auditor’s name, address, telephone number and occupation and a signed declaration accepting the appointment.

Marginal note:Only one auditor

478.26 A nomination contestant shall have no more than one auditor at a time.

Marginal note:Prohibition — auditors

478.27 No person who is not eligible to be an auditor of a nomination contestant shall so act.

Marginal note:Auditor’s report

• 478.28 (1) An auditor of a nomination contestant appointed in accordance with subsection 478.25(1) shall, as soon as practicable after the selection date, report to the nomination contestant’s financial agent on the nomination campaign return for that campaign and shall, in accordance with generally accepted auditing standards, make any examination that will enable the auditor to give an opinion in the report as to whether the return presents fairly the information contained in the financial records on which it is based.

• Marginal note:Statement

  (2) The auditor’s report shall include any statement that the auditor considers necessary if

  • (a) the return does not present fairly the information contained in the financial records on which it is based;

  • (b) the auditor has not received from the nomination contestant or his or her financial agent all the information and explanation that the auditor required; or

  • (c) based on the examination, it appears that proper accounting records have not been kept by the financial agent.

• Marginal note:Right of access

  (3) The auditor shall have access at any reasonable time to all documents of the nomination contestant, and may require the contestant and his or her financial agent to provide any information or explanation that, in the auditor’s opinion, is necessary to enable the auditor to prepare the report.

• Marginal note:Ineligible to prepare report

  (4) A person referred to in subsection 478.25(3) who is a partner or an associate of an auditor of a nomination contestant or who is an employee of that auditor, or of the firm in which that auditor is a partner or associate, may not participate, other than in the manner referred to in subsection (3), in the preparation of the auditor’s report.

Marginal note:Extended period for nomination contestants outside Canada

• 478.29 (1) Despite subsection 478.23(6), a nomination contestant who is outside Canada when the other documents referred to in subsection 478.23(1) are provided shall, within 14 days after returning to Canada, provide the Chief Electoral Officer with the nomination contestant’s declaration concerning his or her nomination campaign return referred to in paragraph 478.23(1)(d).

• Marginal note:No extended period for financial agent

  (2) Subsection (1) does not apply to excuse a nomination contestant’s financial agent from complying with his or her obligations under this Act to prepare the return on the contestant’s nomination campaign expenses and make a declaration concerning it referred to in paragraph 478.23(1)(c).

Marginal note:Updating financial reporting documents

• 478.3 (1) After the period referred to in subsection 478.23(6) or (7), as the case may be, the nomination contestant’s financial agent shall provide the Chief Electoral Officer with an updated version of any document referred to in subsection 478.23(1) that relates to a claim involving

  • (a) an extended period of recoverability under subsection 478.16(3) because of the death of a claimant;

  • (b) an authorization to pay under section 478.19;

  • (c) an order to pay under section 478.2; or

  • (d) a disputed claim under section 478.21.

• Marginal note:When no update for audit required

  (2) If the matters dealt with in the updated versions of the documents have been subject to an audit under section 478.28, an updated version of the auditor’s report need not be provided.

• Marginal note:Period for providing update

  (3) The nomination contestant’s financial agent shall provide an updated version of a document referred to in subsection 478.23(1) within 30 days after making a payment that is dealt with in the updated version.

Marginal note:Statement of personal expenses

• 478.31 (1) A nomination contestant shall, within three months after the selection date, send to his or her financial agent a written statement in the prescribed form that

  • (a) sets out the amount of any personal expenses that he or she paid and details of those personal expenses, including documentation of their payment; or

  • (b) declares that he or she did not pay for any personal expenses.

• Marginal note:Death of contestant

  (2) Subsection (1) does not apply to a nomination contestant who dies without having sent the written statement referred to in that subsection before the end of the three-month period referred to in it.

Corrections and Extended Reporting Periods

Marginal note:Minor corrections — Chief Electoral Officer

• 478.32 (1) The Chief Electoral Officer may correct a document referred to in subsection 478.23(1) or 478.3(1), if the correction does not materially affect its substance.

• Marginal note:Corrections at request of Chief Electoral Officer

  (2) The Chief Electoral Officer may in writing request the nomination contestant or his or her financial agent to correct, within a specified period, a document referred to in subsection 478.23(1) or 478.3(1).

Marginal note:Extension or correction — Chief Electoral Officer

• 478.33 (1) The Chief Electoral Officer, on the written application of a nomination contestant or his or her financial agent, may authorize

  • (a) the extension of a period provided in subsection 478.23(6) or 478.3(3); or

  • (b) the correction, within a specified period, of a document referred to in subsection 478.23(1) or updated document referred to in subsection 478.3(1).

• Marginal note:Deadline

  (2) An application may be made

  • (a) under paragraph (1)(a), within the period provided in subsection 478.23(6) or 478.3(3), as the case may be; and

  • (b) under paragraph (1)(b), as soon as the applicant becomes aware of the need for correction.

• Marginal note:Grounds

  (3) The Chief Electoral Officer may not authorize an extension or correction unless he or she is satisfied by the evidence submitted by the applicant that the circumstances giving rise to the application arose by reason of

  • (a) the illness of the applicant;

  • (b) the absence, death, illness or misconduct of the financial agent or a predecessor;

  • (c) the absence, death, illness or misconduct of a clerk or an officer of the financial agent, or a predecessor of one of them; or

  • (d) inadvertence or an honest mistake of fact.

Marginal note:Extension or correction — judge

• 478.34 (1) A nomination contestant or his or her financial agent may apply to a judge who is competent to conduct a recount for an order

  • (a) relieving the contestant or financial agent from complying with a request referred to in subsection 478.32(2); or

  • (b) authorizing an extension referred to in paragraph 478.33(1)(a) or correction referred to in paragraph 478.33(1)(b).

  The applicant shall notify the Chief Electoral Officer of the application.

• Marginal note:Deadline

  (2) An application may be made

  • (a) under paragraph (1)(a), within the specified period referred to in subsection 478.32(2) or within the two weeks after the expiration of that period; or

  • (b) under paragraph (1)(b), within two weeks after, as the case may be,

    • (i) the rejection of an application, made in accordance with section 478.33, for the extension or correction, or

    • (ii) the expiration of the extended period or specified period authorized under paragraph 478.33(1)(a) or (b).

• Marginal note:Grounds

  (3) A judge may not grant an order unless he or she is satisfied that the circumstances giving rise to the application arose by reason of one of the factors referred to in subsection 478.33(3).

• Marginal note:Contents of order

  (4) An order under subsection (1) may require that the applicant satisfy any condition that the judge considers necessary for carrying out the purposes of this Act.

Marginal note:Refusal or failure of financial agent

• 478.35 (1) A judge dealing with an application under section 478.34 or 478.36 who is satisfied that a nomination contestant or a financial agent has not provided the documents referred to in subsection 478.23(1) in accordance with this Act because of a refusal by, or a failure of, the financial agent or a predecessor of the financial agent shall, by order served personally, require the financial agent or that predecessor to appear before the judge.

• Marginal note:Show cause orders

  (2) The judge shall, unless the financial agent or predecessor on his or her appearance shows cause why an order should not be issued, order in writing that the agent or predecessor

  • (a) do anything that the judge considers appropriate in order to remedy the refusal or failure; or

  • (b) be examined concerning any information that pertains to the refusal or failure.

Marginal note:Recourse of contestant for fault of financial agent

478.36 A nomination contestant may apply to a judge who is competent to conduct a recount for an order that relieves the contestant from any liability or consequence under this or any other Act of Parliament in relation to an act or omission of the contestant’s financial agent, if the contestant establishes that

• (a) it occurred without his or her knowledge or acquiescence; or

• (b) he or she exercised all due diligence to avoid its occurrence.

The contestant or his or her financial agent shall notify the Chief Electoral Officer that the application has been made.

Marginal note:Destruction of documents — judge

• 478.37 (1) A nomination contestant or his or her financial agent may apply to a judge who is competent to conduct a recount for an order relieving the financial agent from the obligation to provide a document referred to in subsection 478.23(1) or 478.3(1). The contestant or financial agent shall notify the Chief Electoral Officer that the application has been made.

• Marginal note:Grounds

  (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 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

478.38 No nomination contestant and no financial agent of a nomination contestant shall provide the Chief Electoral Officer with a document referred to in subsection 478.23(1) or 478.3(1) that

• (a) the contestant or the financial 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 478.23(2) or required to be updated under subsection 478.3(1).

Surplus of Nomination Campaign Funds

Marginal note:Surplus of nomination campaign funds

478.39 The surplus amount of nomination campaign funds that a nomination contestant receives for a nomination contest is the amount by which the contributions accepted by the financial agent on behalf of the contestant and any other amounts received by the contestant for his or her nomination campaign that are not repayable are more than the contestant’s nomination campaign expenses paid under this Act and any transfers referred to in paragraph 404.2(3)(b).

Marginal note:Notice of assessment and estimate of surplus campaign funds

• 478.4 (1) If the Chief Electoral Officer estimates that a nomination contestant has a surplus of nomination campaign funds, the Chief Electoral Officer shall issue a notice of the estimated amount of the surplus to the contestant’s financial agent.

• Marginal note:Disposition of surplus by financial agent

  (2) The financial agent of a nomination contestant who has a surplus of nomination campaign funds but has not received a notice of estimated surplus under subsection (1) shall dispose of that estimated surplus within 60 days after the provision of the contestant’s nomination campaign return.

Marginal note:Period for disposal of surplus funds

• 478.41 (1) The financial agent of a nomination contestant shall dispose of a surplus of nomination campaign funds within 60 days after receiving the notice of estimated surplus.

• Marginal note:Remittance of surplus

  (2) Surplus nomination campaign funds must be transferred to

  • (a) the official agent of the candidate endorsed by the registered party in the electoral district in which the nomination contest was held; or

  • (b) the registered association that held the nomination contest or the registered party for whose endorsement the contest was held.

Marginal note:Notice of disposal of surplus

• 478.42 (1) The financial agent of a nomination contestant shall, within seven days after disposing of the contestant’s surplus nomination campaign funds, notify the Chief Electoral Officer in the prescribed form of the amount and date of the disposal and to whom the surplus was transferred.

• Marginal note:Publication

  (2) As soon as practicable after the disposal of a nomination contestant’s surplus nomination campaign funds, the Chief Electoral Officer shall, in any manner that he or she considers appropriate, publish a notice referred to in subsection (1).

Marginal note:Judicial proceedings and compliance agreements

504. In the case of judicial proceedings or a compliance agreement involving an eligible party, a registered party, a deregistered political party or an electoral district association,

• (a) the party or association is deemed to be a person; and

• (b) any act or thing done or omitted to be done by an officer, a chief agent or other registered agent of the party, or by an officer, the financial agent or other electoral district agent of the association within the scope of their authority to act, is deemed to be an act or thing done or omitted to be done by the party or association, as the case may be.

Marginal note:Deregistered party

506. A deregistered political party whose chief agent commits an offence under paragraph 497(1)(e) or (3)(c) is guilty of an offence and liable on summary conviction to a fine of not more than $25,000.

Marginal note:Registered party

507. A registered party whose chief agent commits an offence under any of paragraphs 497(1)(l), (m), (n), (o), (q) and (q.01) and (3)(g), (i), (j) and (m) is guilty of an offence and liable on summary conviction to a fine of not more than $25,000.

Marginal note:Commissioner may prosecute

• 511. (1) If the Commissioner believes on reasonable grounds that an offence under this Act has been committed and is of the view that the public interest justifies it, the Commissioner may institute a prosecution or cause one to be instituted.

• Marginal note:Search and seizure

  (2) For the purposes of section 487 of the Criminal Code, any person charged by the Commissioner with duties relating to the administration or enforcement of this Act is deemed to be a public officer.

Marginal note:Political financing

536.1 After the submission to the House of Commons of a report under section 535 in relation to the first general election following the coming into force of this section, any committee of that House to which the report is referred shall, in addition to considering the report, consider the effects of the provisions of this Act concerning political financing that came into force on the same day as this section.

Marginal note:Inspection of instructions, correspondence and other reports

• 541. (1) All documents referred to in section 403.35, 424, 429, 435.3, 435.35, 451, 455, 478.23 or 478.3, all other reports or statements, other than election documents received from election officers, all instructions issued by the Chief Electoral Officer under this Act, all decisions or rulings by him or her on points arising under this Act and all correspondence with election officers or others in relation to an election are public records and may be inspected by any person on request during business hours.