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

Marginal note:Unenforceable contracts

478.18 A contract involving a nomination campaign expense in relation to a nomination contestant is not enforceable against the contestant unless entered into by the contestant personally or by the contestant’s financial agent.

Marginal note:Irregular claims or payments — Chief Electoral Officer

• 478.19 (1) On the written application of a person with a claim to be paid for a nomination campaign expense in relation to a nomination contestant or of the contestant’s financial agent or the contestant in relation to such a claim, 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 478.16; or

  • (b) the payment was not made in accordance with subsection 478.17(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).

Marginal note:Irregular claims and payments — judge

478.2 On the application of a person with a claim to be paid for a nomination campaign expense in relation to a nomination 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 478.19(1) has been refused and that the invoice or other document evidencing the claim was not sent in accordance with section 478.16 or the payment has not been made in the four-month period referred to in subsection 478.17(1); or

• (b) the amount claimed has not been paid in accordance with an authorization obtained under subsection 478.19(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.

Marginal note:Proceedings to recover payment

• 478.21 (1) A person who has sent a claim in accordance with section 478.16 may commence proceedings in a court of competent jurisdiction to recover any unpaid amount

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

  • (b) after the end of the period referred to in subsection 478.17(1) or any extension of that period authorized by subsection 478.19(1) or section 478.2, in any other case.

• Marginal note:Payment deemed properly made

  (2) An amount paid by the financial agent of a nomination contestant as a result of proceedings referred to in subsection (1) is deemed to have been paid in accordance with this Act.