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:Appearance of financial agent before judge
  •  (1) A judge dealing with an application under section 478.89 or 478.91 who is satisfied that a leadership contestant or a financial agent has not provided the documents referred to in subsection 478.8(1), (10), (11), (12) or (15) in accordance with this Act because of 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 of predecessor

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

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

  • 2014, c. 12, s. 86.
Marginal note:Recourse of contestant for fault of financial agent

 A leadership contestant may apply to a judge 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 shall notify the Chief Electoral Officer that the application has been made.

  • 2014, c. 12, s. 86.
Marginal note:Destruction of documents — judge
  •  (1) A leadership contestant or their financial agent may apply to a judge for an order relieving the financial agent from the obligation to provide a document referred to in subsection 478.8(1), (10), (11), (12) or (15). The applicant shall notify the Chief Electoral Officer that the application has been made.

  • Marginal note:Grounds

    (2) The judge may grant the order only if the judge 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.

  • 2014, c. 12, s. 86.
Marginal note:Prohibition — false, misleading or incomplete document

 No leadership contestant and no financial agent of a leadership contestant shall provide the Chief Electoral Officer with a document referred to in subsection 478.8(1), (10), (11), (12) or (15) 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) in the case of a document referred to in subsection 478.8(1), does not substantially set out the information required under subsection 478.8(2) and, in the case of a document referred to in subsection 478.8(10), (11), (12) or (15), does not substantially set out the information required under that subsection.

  • 2014, c. 12, s. 86.