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

Act current to 2015-08-04 and last amended on 2015-08-02. Previous Versions

Marginal note:Proceedings to recover payment

 A person who has sent an invoice or other document evidencing a claim under section 478.74, or has a claim for repayment of a loan made to a leadership contestant under section 373, may commence proceedings in a court of competent jurisdiction to recover any unpaid amount

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

  • (b) after the end of the three-year period referred to in subsection 478.75(1) or any extension of that period authorized under subsection 478.77(1) or section 478.78, in any other case.

The leadership contestant shall notify the Chief Electoral Officer that the proceedings have been commenced.

  • 2014, c. 12, s. 86.

Leadership Campaign Return

Marginal note:Leadership campaign return
  •  (1) A leadership contestant’s financial agent shall provide the Chief Electoral Officer with the following in respect of a leadership contest:

    • (a) a leadership campaign return, 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 478.83(1);

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

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

  • Marginal note:Contents of return

    (2) The leadership campaign return shall set out

    • (a) a statement of leadership campaign expenses;

    • (b) a statement of claims that are the subject of proceedings under section 478.79;

    • (c) a statement of unpaid claims, including those resulting from loans made to the leadership contestant under section 373;

    • (d) a statement of the terms and conditions of each loan made to the leadership contestant under section 373, including the amount of the loan, the interest rate, the lender’s name and address, the dates and amounts of repayments of principal and payments of interest, the unpaid principal remaining at the end of each calendar year and, if there is a guarantor, the guarantor’s name and address and the amount guaranteed;

    • (e) the total amount of contributions received by the leadership contestant;

    • (f) the number of contributors;

    • (g) 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 of those contributions and the date on which the contestant received it;

    • (h) the name and address of each contributor who made a contribution that includes a directed contribution as defined in subsection 365(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 and the amount transferred, as well as the dates of the receipt of the contribution and of the transfer;

    • (i) 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;

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

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

  • Marginal note:Supporting documents

    (3) Together with the leadership campaign return, the leadership contestant’s financial agent shall provide the Chief Electoral Officer with 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 478.85(1).

  • Marginal note:Additional supporting documents

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

  • Marginal note:Report

    (5) If there is any amendment to the information in a statement referred to in paragraph (2)(d), including with respect to the giving of a guarantee or suretyship in respect of the loan, then the leadership contestant’s financial agent shall without delay provide the Chief Electoral Officer with a report on the amendment in the prescribed form.

  • Marginal note:Publication

    (6) The Chief Electoral Officer shall, in the manner that he or she considers appropriate, publish the information in a statement made under paragraph (2)(d) and any report provided under subsection (5) as soon as feasible after receiving the information or report.

  • Marginal note:Period for providing documents

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

  • Marginal note:Declaration of leadership contestant

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

  • Marginal note:Death of leadership contestant

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

    • (a) they are deemed to have sent the declaration in accordance with that subsection; and

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

  • Marginal note:Payment of unpaid claims

    (10) If a claim — including one resulting from a loan — is paid in full after the return under paragraph (1)(a) is provided to the Chief Electoral Officer, the leadership contestant’s financial agent shall provide the Chief Electoral Officer with a report in the prescribed form on the payment of the claim within 30 days after the day on which the payment is made, including information indicating the source of the funds used to pay the claim.

  • Marginal note:First update

    (11) The leadership contestant’s financial agent shall provide the Chief Electoral Officer with an updated version of the statement of unpaid claims referred to in paragraph (2)(c), as of the day that is 18 months after the end of the leadership contest, within the period that begins 18 months after the end of the leadership contest and ends 19 months after the end of the leadership contest. The updated version shall include the following information concerning the unpaid amount of a claim, including one resulting from a loan:

    • (a) whether any part of the unpaid amount is disputed and, if so, what steps the parties have taken to resolve the dispute;

    • (b) whether the claim is the subject of proceedings under section 478.79;

    • (c) whether the unpaid amount of a loan is the subject of proceedings to secure its payment, or of a dispute as to the amount that was to be paid or the amount that remains unpaid;

    • (d) whether the parties have agreed on a repayment schedule and, if so, whether repayments are being made according to the schedule;

    • (e) whether the unpaid amount has been written off by the creditor as an uncollectable debt in accordance with the creditor’s normal accounting practices; and

    • (f) any other relevant information that could help explain why the amount is unpaid.

  • Marginal note:Second update

    (12) The leadership contestant’s financial agent shall provide the Chief Electoral Officer with an updated version of the statement of unpaid claims referred to in paragraph (2)(c), as of the day that is 36 months after the end of the leadership contest, within the period that begins 36 months after the end of the leadership contest and ends 37 months after the end of the leadership contest. The updated version shall include the information referred to in paragraphs (11)(a) to (f).

  • Marginal note:Supporting documents

    (13) Together with the updated versions of the statement of unpaid claims referred to in subsections (11) and (12), the leadership contestant’s financial agent shall provide the Chief Electoral Officer with documents evidencing the matters referred to in paragraphs (11)(a) to (f), including, if paragraph (11)(d) applies, a copy of the repayment schedule.

  • Marginal note:Additional supporting documents

    (14) If the Chief Electoral Officer is of the opinion that the documents provided under subsection (13) are not sufficient, he or she may require the financial agent to provide by a specified date any additional documents that are necessary for the financial agent to comply with that subsection.

  • Marginal note:Irregular claims and payments

    (15) The leadership contestant’s financial agent shall provide the Chief Electoral Officer with a report in the prescribed form on the payment of a claim that was subject to an authorization to pay under section 478.77 or 478.78 or an order to pay resulting from proceedings commenced under section 478.79. The financial agent shall provide the report within 30 days after the day on which the payment is made and shall include in it information indicating the source of the funds used to pay the claim.

  • 2014, c. 12, s. 86.