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

Act current to 2014-09-29 and last amended on 2014-06-19. Previous Versions

Marginal note:Irregular claims and payments — judge

 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.

  • 2003, c. 19, s. 40.
Marginal note:Proceedings to recover payment
  •  (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.

  • 2003, c. 19, s. 40.
Marginal note:Deemed contributions
  •  (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.

  • 2003, c. 19, s. 40.