Canada Elections Act (S.C. 2000, c. 9)

Act current to 2014-06-12 and last amended on 2014-04-01. Previous Versions

Recovery of Claims

Marginal note:Claim for payment
  •  (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.

  • 2003, c. 19, s. 40.
Marginal note:Payment within 18 months
  •  (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.

  • 2003, c. 19, s. 40.
Marginal note:Unenforceable contracts

 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.

  • 2003, c. 19, s. 40.
Marginal note:Irregular claims or payments — Chief Electoral Officer
  •  (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).

  • 2003, c. 19, s. 40.