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Canada Elections Act

Version of section 435.3 from 2004-01-01 to 2014-12-18:


Marginal note:Leadership campaign return

  •  (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).

  • 2003, c. 19, s. 40

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