An Act to amend the Canada Elections Act and the Income Tax Act (political financing) (S.C. 2003, c. 19)
Full Document:
Assented to 2003-06-19
37. Section 428 of the Act and the heading before it are repealed.
38. Subsection 430(1) of the Act is replaced by the following:
Marginal note:Auditor’s report on return on election expenses
430. (1) As soon as practicable after a general election, the auditor of a registered party shall report to its chief agent on its return on general election expenses and shall make any examination in accordance with generally accepted auditing standards that will enable the auditor to give an opinion in the report as to whether the return presents fairly the information contained in the financial records on which the return is based.
39. The portion of subsection 435(1) of the Act before paragraph (a) is replaced by the following:
Marginal note:Certificate
435. (1) On receipt from a registered party of the documents referred to in subsection 429(1), the Chief Electoral Officer shall provide the Receiver General with a certificate that sets out the amount that is 50% of the registered party’s election expenses that were paid by its registered agents as set out in the return for its general election expenses, if
40. The Act is amended by adding the following after section 435:
Quarterly Allowances
Marginal note:Quarterly allowance
435.01 (1) The Chief Electoral Officer shall determine, for each quarter of a calendar year, an allowance payable to a registered party whose candidates for the most recent general election preceding that quarter received at that election at least
(a) 2% of the number of valid votes cast; or
(b) 5% of the number of valid votes cast in the electoral districts in which the registered party endorsed a candidate.
Marginal note:Computation of fund
(2) An allowance fund for a quarter is the product of
(a) $0.4375 multiplied by the number of valid votes cast in the election referred to in subsection (1), and
(b) the inflation adjustment factor determined under subsection 405.1(1) that is in effect for that quarter.
Marginal note:Computation of party’s allowance
(3) Each such registered party’s allowance for a quarter is that part of the allowance fund for that quarter that corresponds to its percentage of valid votes cast in the election mentioned in subsection (1).
Marginal note:Merger of parties
(4) A merged party is entitled to the aggregate of the allowances to which the merging parties of which it is composed would have been entitled had they not merged.
Marginal note:Certificate
435.02 (1) As soon as practicable after the end of each quarter, the Chief Electoral Officer shall provide the Receiver General with a certificate that sets out the amount of the allowance payable to a registered party for that quarter.
Marginal note:Delay for non-compliance
(2) If a registered party has not provided all the documents that it is required to provide under sections 424, 424.1 and 429, the Chief Electoral Officer shall postpone providing the certificate for any quarter until the party has provided those documents.
Marginal note:Payment
(3) The Receiver General shall, on receipt of a certificate, pay to the registered party out of the Consolidated Revenue Fund the amount set out in the certificate. The payment may also be made in whole or in part to any provincial division of the party, as authorized in writing by the leader of the party.
Definition of “provincial division”
(4) In this Act, “provincial division” means a division of a registered party for a province or territory in relation to which the leader of the party has provided the following to the Chief Electoral Officer:
(a) the name of the division and of the province or territory;
(b) the name of the party;
(c) the address of the office at which records of that division are maintained and to which communications may be addressed;
(d) the names and addresses of the chief executive officer and other officers of the division;
(e) the name and address of any registered agent appointed by the division; and
(f) a declaration signed by the leader of the party certifying that the division is a division of the party.
This Act applies to information provided under this subsection as if it were information referred to in paragraphs 366(2)(a) to (h).
Marginal note:Report of changes in information
(5) Within 15 days after a change in the information referred to in subsection (4), the chief executive officer of the provincial division shall report the change in writing to the chief agent of the registered party.
Division 3.1Registration and Financial Administration of Leadership Contestants
Registration
Definition of “personal expenses”
435.03 In this Division, “personal expenses” of a leadership contestant means his or her expenses that are reasonably incurred in relation to his or her leadership campaign and include
(a) travel and living expenses;
(b) childcare expenses;
(c) expenses relating to the provision of care for a person with a physical or mental incapacity for whom the contestant normally provides such care; and
(d) in the case of a contestant who has a disability, additional personal expenses that are related to the disability.
Marginal note:Notice of leadership contest
435.04 (1) If a registered party proposes to hold a leadership contest, the chief agent of the party shall file with the Chief Electoral Officer a statement setting out the dates on which the leadership contest is to begin and end.
Marginal note:Variation and cancellation
(2) A registered party that proposes to vary the leadership contest period or to cancel a leadership contest shall file with the Chief Electoral Officer a statement setting out, as the case may be, the amended beginning date or ending date or the fact of its cancellation.
Marginal note:Publication
(3) The Chief Electoral Officer shall, in the manner that he or she considers appropriate, publish a notice containing the information referred to in subsections (1) and (2).
Marginal note:Duty to register
435.05 (1) Every person who accepts contributions for, or incurs leadership campaign expenses in relation to, his or her campaign for the leadership of a registered party shall register as a leadership contestant.
Marginal note:Deeming
(2) For the purposes of this Part, a leadership contestant is deemed to have been a leadership contestant from the time he or she accepts a contribution or incurs a leadership campaign expense.
Marginal note:Contents of application
435.06 (1) An application for registration as a leadership contestant must include the following:
(a) the name of the leadership contestant;
(b) the address of the place at which the records of the leadership contestant are maintained and to which communications may be addressed;
(c) the name and address of the leadership contestant’s financial agent; and
(d) the name and address of the leadership contestant’s appointed auditor.
Marginal note:Accompanying documents
(2) The application must be accompanied by the following:
(a) the signed consent of the financial agent to so act;
(b) the signed consent of the auditor to so act;
(c) a declaration signed by the chief agent of the registered party holding the leadership contest certifying that the party accepts the applicant as a leadership contestant; and
(d) a statement containing the information referred to in paragraphs 435.3(2)(d) and (e) with respect to contributions received before the application for registration.
Marginal note:Examination of application
(3) The Chief Electoral Officer shall register a leadership contestant who meets the requirements set out in subsections (1) and (2). In the case of a refusal to register, the Chief Electoral Officer shall indicate which of those requirements have not been met.
Marginal note:Registry
435.07 The Chief Electoral Officer shall maintain a registry of leadership contestants that contains the information referred to in subsection 435.06(1).
Marginal note:Appointments
435.08 (1) A leadership contestant may, subject to any terms and conditions that the contestant specifies, appoint leadership campaign agents authorized to accept contributions and to incur and pay leadership campaign expenses for the contestant.
Marginal note:Report of appointment
(2) Within 30 days after the appointment of a leadership campaign agent, the leadership contestant shall provide the Chief Electoral Officer with a written report, certified by the contestant’s financial agent, that includes the name and address of the leadership campaign agent and any terms and conditions to which the appointment is subject. The Chief Electoral Officer shall enter that information in the registry of leadership contestants.
Marginal note:Agents — ineligible persons
435.09 The following persons are not eligible to be the financial agent or a leadership campaign agent of a leadership contestant:
(a) an election officer or a member of the staff of a returning officer;
(b) a leadership contestant;
(c) an auditor appointed as required by this Act;
(d) a person who is not an elector;
(e) an undischarged bankrupt; and
(f) a person who does not have the capacity to enter into contracts in the province in which the person ordinarily resides.
Marginal note:Auditor — eligibility
435.1 (1) Only the following are eligible to be an auditor for a leadership contestant:
(a) a person who is a member in good standing of a corporation, an association or an institute of professional accountants; or
(b) a partnership of which every partner is a member in good standing of a corporation, an association or an institute of professional accountants.
Marginal note:Auditor — ineligible persons
(2) The following persons are not eligible to be an auditor for a leadership contestant:
(a) election officers and members of the staff of returning officers;
(b) chief agents of registered parties or eligible parties and registered agents of registered parties;
(c) candidates and official agents of candidates;
(d) electoral district agents of registered associations;
(e) leadership contestants and their leadership campaign agents;
(f) nomination contestants and their financial agents; and
(g) financial agents of registered third parties.
Marginal note:Where member of partnership appointed as agent
(3) A person may be appointed as agent for a leadership contestant notwithstanding that the person is a member of a partnership that has been appointed as an auditor, in accordance with thr Act for the registered party.
Marginal note:Consent
435.11 A leadership contestant shall obtain from the financial agent or auditor, on appointment, their signed consent to so act.
Marginal note:Replacement of financial agent or auditor
435.12 In the event of the death, incapacity, resignation or revocation of the appointment of the financial agent or auditor, a leadership contestant shall without delay appoint a replacement.
Marginal note:Only one financial agent and auditor
435.13 A leadership contestant shall have no more than one financial agent and one auditor at a time.
Marginal note:Prohibition — agents
435.14 (1) No person who is not eligible to be the financial agent or a leadership campaign agent of a leadership contestant shall so act.
Marginal note:Prohibition — auditor
(2) No person who is not eligible to be an auditor of a leadership contestant shall so act.
Marginal note:Changes in registered information
435.15 (1) Within 30 days after a change in the information referred to in subsection 435.06(1), a leadership contestant shall report the change in writing to the Chief Electoral Officer.
Marginal note:New auditor or financial agent
(2) A report under subsection (1) that involves the replacement of the auditor or financial agent of the leadership contestant must include a copy of the signed consent obtained under section 435.11.
Marginal note:Registration of change
(3) The Chief Electoral Officer shall enter any change in the information referred to in this section in the registry of leadership contestants.
Marginal note:Withdrawal of a leadership contestant
435.16 A leadership contestant who withdraws from the leadership contest shall file with the Chief Electoral Officer a statement in writing to that effect signed by the contestant and indicating the date of the withdrawal. The Chief Electoral Officer shall indicate the withdrawal in the registry of leadership contestants.
Marginal note:Notice of withdrawal of acceptance
435.17 A registered party that withdraws its acceptance of a leadership contestant shall file with the Chief Electoral Officer a statement in writing to that effect signed by the chief agent of the party and indicating the date of the withdrawal. The Chief Electoral Officer shall enter the withdrawal of acceptance in the registry of leadership contestants.
Marginal note:Relieved of obligations
435.18 A leadership contestant who withdraws in accordance with section 435.16 or whose acceptance is withdrawn in accordance with section 435.17 is relieved of the obligation to provide returns under section 435.31 for any period after the withdrawal.
Marginal note:Notification of party
435.19 The Chief Electoral Officer shall, on becoming aware that a leadership contestant of a registered party has failed to comply with any requirement under this Division, notify the party accordingly.
Financial Administration of Leadership Contestants
Powers, Duties and Functions of Financial Agent
Marginal note:Duty of financial agent
435.2 The financial agent of a leadership contestant is responsible for administering the contestant’s financial transactions for his or her leadership campaign and for reporting on those transactions in accordance with the provisions of this Act.
Marginal note:Bank account
435.21 (1) The financial agent of a leadership contestant shall open, for the sole purpose of the contestant’s leadership campaign, a separate bank account in a Canadian financial institution as defined in section 2 of the Bank Act, or in an authorized foreign bank as defined in that section, that is not subject to the restrictions and requirements referred to in subsection 524(2) of that Act.
Marginal note:Account holder name
(2) The account must name the account holder as follows: “(name of financial agent), financial agent”.
Marginal note:Payments and receipts
(3) All financial transactions of the leadership contestant in relation to the contestant’s leadership campaign that involve the payment or receipt of money are to be paid from or deposited to the account.
Marginal note:Closure of bank account
(4) The financial agent of a leadership contestant shall close the account after the end of the leadership contest or the withdrawal or death of the contestant and
(a) after the subsequent disposal of any surplus leadership campaign funds in accordance with this Act; or
(b) if there are unpaid claims at the end of the leadership contest, after those claims have been dealt with in accordance with this Act.
Marginal note:Final statement of bank account
(5) The financial agent shall, on closing the account, provide the Chief Electoral Officer with the final statement of the account.
Marginal note:Prohibition — accepting contributions
435.22 (1) No person, other than a leadership campaign agent of a leadership contestant, shall accept contributions to the contestant’s leadership campaign.
Marginal note:Accepting certain transfers prohibited
(2) No leadership campaign agent of a leadership contestant shall accept a transfer of funds from a registered party or registered association, except the transfer by a registered party of an amount out of a directed contribution as defined in subsection 404.3(2).
Marginal note:Prohibition — paying leadership campaign expenses
(3) No person or entity, other than a leadership campaign agent of the leadership contestant, shall pay leadership campaign expenses, other than personal expenses, of the contestant.
Marginal note:Prohibition — incurring leadership campaign expenses
(4) No person or entity, other than a leadership contestant or one of his or her leadership campaign agents, shall incur leadership campaign expenses of the contestant.
Marginal note:Prohibition — contestant’s personal expenses
(5) No person, other than a leadership contestant or his or her financial agent, shall pay the contestant’s personal expenses.
Recovery of Claims
Marginal note:Claim for payment
435.23 (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.
Marginal note:Payment within 18 months
435.24 (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.
Marginal note:Unenforceable contracts
435.25 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.
Marginal note:Irregular claims or payments — Chief Electoral Officer
435.26 (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).
Marginal note:Irregular claims and payments — judge
435.27 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.
Marginal note:Proceedings to recover payment
435.28 (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.
Marginal note:Deemed contributions
435.29 (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.
Return on Financing and Expenses in a Leadership Campaign
Marginal note:Leadership campaign return
435.3 (1) The financial agent of a leadership contestant shall provide the Chief Electoral Officer with the following in respect of a leadership campaign:
(a) a leadership campaign return, substantially 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 435.33(1);
(c) a declaration, in the prescribed form, made by the financial agent that the return is complete and accurate; and
(d) a declaration in the prescribed form made by the leadership contestant that the return is complete and accurate.
Marginal note:Contents of return
(2) The leadership campaign return shall include the following information in respect of the leadership contestant:
(a) a statement of leadership campaign expenses;
(b) a statement of disputed claims that are the subject of proceedings under section 435.28;
(c) a statement of unpaid claims that are, or may be, the subject of an application under section 435.26 or 435.27;
(d) the total contributions received by the leadership contestant and the number of contributors;
(d.1) disclosure of all financial loans for the purposes of the campaign, including interest rates, repayment schedules and the name of the lender;
(e) 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 such contribution and the date on which it was received by the contestant;
(f) the name and address of each contributor who made a contribution that includes a directed contribution as defined in subsection 404.3(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, the amount transferred, as well as the dates of the receipt of the contribution and of the transfer;
(g) 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; and
(h) a statement of contributions received but returned to the contributor or otherwise dealt with in accordance with this Act.
Marginal note:Supporting documents
(3) Together with the leadership campaign return, the financial agent of a leadership contestant shall provide to the Chief Electoral Officer 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 435.36(1).
Marginal note:Order for additional supporting documents
(4) If the Chief Electoral Officer is of the opinion that the documents provided under subsection (3) are not sufficient, the Chief Electoral Officer may require the financial agent to provide by a specified date any additional documents that are necessary to comply with that subsection.
Marginal note:Loans
(5) For the purpose of subsection (2), other than paragraph (2)(h), a contribution includes a loan.
Marginal note:Period for providing documents
(6) The documents referred to in subsection (1) must be provided to the Chief Electoral Officer within six months after the end of the leadership contest.
Marginal note:Declaration of leadership contestant
(7) A leadership contestant shall, within six months after the end of the leadership contest, send to his or her financial agent the declaration referred to in paragraph (1)(d).
Marginal note:Death of leadership contestant
(8) If a leadership contestant dies without having sent the declaration within the period referred to in subsection (7)
(a) he or she is deemed to have sent the declaration in accordance with that subsection; and
(b) the financial agent is deemed to have sent the declaration to the Chief Electoral Officer in accordance with subsection (1).
Marginal note:Return on contributions
435.31 (1) The financial agent of a leadership contestant shall, for the period beginning on the first day of the leadership contest and ending on the day that is four weeks before the end of the leadership contest, provide the Chief Electoral Officer with a return that includes the information required under paragraphs 435.3(2)(d) to (h).
Marginal note:Weekly returns
(2) The financial agent of a leadership contestant shall, for each of the three weeks after the end of the period referred to in subsection (1), provide the Chief Electoral Officer with such a return weekly.
Marginal note:Period for providing return
(3) A return referred to in subsection (1) or (2) shall be provided no later than one week after the end of the period to which it relates.
Marginal note:When contributions forwarded to Receiver General
435.32 The financial agent of a leadership contestant shall, without delay, pay an amount of money equal to the value of a contribution that the contestant received to the Chief Electoral Officer, who shall forward it to the Receiver General, if the name of the contributor of a contribution of more than $25, or the name or the address of the contributor having made contributions of a total amount of more than $200, is not known.
Marginal note:Auditor’s report
435.33 (1) As soon as practicable after the end of a leadership contest, the auditor of a leadership contestant who has accepted contributions of $5,000 or more in total or incurred leadership campaign expenses of $5,000 or more in total shall report to the contestant’s financial agent on the leadership campaign return and shall, in accordance with generally accepted auditing standards, make any examination that will enable the auditor to give an opinion in the report as to whether the return presents fairly the information contained in the financial records on which it is based.
Marginal note:Statement
(2) The auditor’s report shall include any statement that the auditor considers necessary if
(a) the return does not present fairly the information contained in the financial records on which it is based;
(b) the auditor has not received from the leadership contestant or his or her financial agent all the information and explanation that the auditor required; or
(c) based on the examination, it appears that proper accounting records have not been kept by the financial agent.
Marginal note:Right of access
(3) The auditor shall have access at any reasonable time to all documents of the leadership contestant and may require the contestant and his or her financial agent to provide any information or explanation that, in the auditor’s opinion, is necessary to enable the auditor to prepare the report.
Marginal note:Ineligible to prepare report
(4) A person referred to in subsection 435.1(2) who is a partner or an associate of an auditor of a leadership contestant or who is an employee of that auditor, or of the firm in which that auditor is a partner or associate, may not participate, other than in the manner referred to in subsection (3), in the preparation of the auditor’s report.
Marginal note:Extended period for leadership contestants outside Canada
435.34 (1) Despite subsection 435.3(6), a leadership contestant who is outside Canada when the other documents referred to in subsection 435.3(1) are provided shall, within 14 days after returning to Canada, provide the Chief Electoral Officer with the leadership contestant’s declaration referred to in paragraph 435.3(1)(d).
Marginal note:No extended period for financial agent
(2) Subsection (1) does not apply to excuse a leadership contestant’s financial agent from complying with his or her obligations under this Act to prepare the return on the contestant’s leadership campaign expenses and make a declaration concerning it referred to in paragraph 435.3(1)(c).
Marginal note:Updating financial reporting documents
435.35 (1) After the period referred to in subsection 435.3(6), the leadership contestant’s financial agent shall provide the Chief Electoral Officer with an updated version of any document referred to in subsection 435.3(1) that relates to a claim involving
(a) an extended period of recoverability under subsection 435.23(3) because of the death of a claimant;
(b) an authorization to pay under section 435.26;
(c) an order to pay under section 435.27; or
(d) a disputed claim under section 435.28.
Marginal note:When no update for audit required
(2) If the matters dealt with in the updated versions of the documents have been subject to an audit under section 435.33, an updated version of the auditor’s report need not be provided.
Marginal note:Period for providing update
(3) The leadership contestant’s financial agent shall provide an updated version of a document referred to in subsection 435.3(1) within 30 days after making a payment that is dealt with in the updated version.
Marginal note:Statement of personal expenses
435.36 (1) A leadership contestant shall, within five months after the end of the leadership contest, send to his or her financial agent a written statement in the prescribed form that
(a) sets out the amount of any personal expenses that he or she paid and details of those personal expenses, including documentation of their payment; or
(b) declares that he or she did not pay for any personal expenses.
Marginal note:Death of contestant
(2) Subsection (1) does not apply to a leadership contestant who dies without having sent the written statement referred to in that subsection before the end of the five-month period referred to in it.
Corrections and Extended Reporting Periods
Marginal note:Minor corrections — Chief Electoral Officer
435.37 (1) The Chief Electoral Officer may correct a document referred to in subsection 435.3(1) or 435.35(1), if the correction does not materially affect its substance.
Marginal note:Corrections at request of Chief Electoral Officer
(2) The Chief Electoral Officer may in writing request the leadership contestant or his or her financial agent to correct, within a specified period, a document referred to in subsection 435.3(1) or 435.35(1).
Marginal note:Extension or correction — Chief Electoral Officer
435.38 (1) The Chief Electoral Officer, on the written application of a leadership contestant or his or her financial agent, may authorize
(a) the extension of a period provided in subsection 435.3(4) or 435.35(3); or
(b) the correction, within a specified period, of a document referred to in subsection 435.3(1) or updated document referred to in subsection 435.35(1).
Marginal note:Deadline
(2) An application may be made
(a) under paragraph (1)(a), within the period provided in subsection 435.3(4) or 435.35(3), as the case may be; and
(b) under paragraph (1)(b), as soon as the applicant becomes aware of the need for correction.
Marginal note:Grounds
(3) The Chief Electoral Officer may not authorize an extension or correction unless he or she is satisfied by the evidence submitted by the applicant that the circumstances giving rise to the application arose by reason of
(a) the illness of the applicant;
(b) the absence, death, illness or misconduct of the financial agent or a predecessor;
(c) the absence, death, illness or misconduct of a clerk or an officer of the financial agent, or a predecessor of one of them; or
(d) inadvertence or an honest mistake of fact.
Marginal note:Extension or correction — judge
435.39 (1) A leadership contestant or his or her financial agent may apply to a judge who is competent to conduct a recount for an order
(a) relieving the contestant or financial agent from complying with a request referred to in subsection 435.37(2); or
(b) authorizing an extension referred to in paragraph 435.38(1)(a) or correction referred to in paragraph 435.38(1)(b).
The applicant shall notify the Chief Electoral Officer of the application.
Marginal note:Deadline
(2) An application may be made
(a) under paragraph (1)(a), within the specified period referred to in subsection 435.37(2) or within the two weeks after the expiration of that period; or
(b) under paragraph (1)(b), within two weeks after, as the case may be,
(i) the rejection of an application, made in accordance with section 435.38, for the extension or correction, or
(ii) the expiration of the extended period or specified period authorized under paragraph 435.38(1)(a) or (b).
Marginal note:Grounds
(3) A judge may not grant an order unless he or she is satisfied that the circumstances giving rise to the application arose by reason of one of the factors referred to in subsection 435.38(3).
Marginal note:Contents of order
(4) An order under subsection (1) may require that the applicant satisfy any condition that the judge considers necessary for carrying out the purposes of this Act.
Marginal note:Refusal or failure of financial agent
435.4 (1) A judge dealing with an application under section 435.39 or 435.41 who is satisfied that a leadership contestant or a financial agent has not provided the documents referred to in subsection 435.3(1) in accordance with this Act because of a refusal by, or 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 he or she
(a) do anything that the judge considers appropriate in order to remedy the refusal or failure; or
(b) be examined concerning any information that pertains to the refusal or failure.
Marginal note:Recourse of contestant for fault of financial agent
435.41 A leadership contestant may apply to a judge who is competent to conduct a recount 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 applicant shall notify the Chief Electoral Officer that the application has been made.
Marginal note:Destruction of documents — judge
435.42 (1) A leadership contestant or his or her financial agent may apply to a judge who is competent to conduct a recount for an order relieving the financial agent from the obligation to provide a document referred to in subsection 435.3(1) or 435.35(1). The contestant or financial agent shall notify the Chief Electoral Officer that the application has been made.
Marginal note:Grounds
(2) The judge may not grant the order unless he or she 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.
Marginal note:Prohibition — false, misleading or incomplete returns
435.43 No leadership contestant and no financial agent of a leadership contestant shall provide the Chief Electoral Officer with a document referred to in subsection 435.3(1) or 435.35(1) 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) does not substantially set out the information required by subsection 435.3(2) or required to be updated under subsection 435.35(1).
Surplus of Leadership Campaign Funds
Marginal note:Surplus of leadership campaign funds
435.44 The surplus amount of leadership campaign funds that a leadership contestant receives for a leadership contest is the amount by which the sum of amounts referred to in subsection 404.3(3), contributions accepted by the leadership campaign agents on behalf of the contestant and any other amounts that were received by the contestant for his or her leadership campaign and that are not repayable is more than the sum of the contestant’s leadership campaign expenses paid under this Act and the transfers referred to in paragraph 404.2(3)(a).
Marginal note:Notice of assessment and estimate of surplus campaign funds
435.45 (1) If the Chief Electoral Officer estimates that a leadership contestant has a surplus of leadership campaign funds, the Chief Electoral Officer shall issue a notice of the estimated amount of the surplus to the contestant’s financial agent.
Marginal note:Disposition of surplus by financial agent
(2) The financial agent of a leadership contestant who has a surplus of leadership campaign funds but has not received a notice of estimated surplus under subsection (1) shall dispose of that estimated surplus within 60 days after the provision of the contestant’s leadership campaign return.
Marginal note:Period for disposal of surplus funds
435.46 (1) The financial agent of a leadership contestant shall dispose of a surplus of leadership campaign funds within 60 days after receiving the notice of estimated surplus.
Marginal note:Remittance of surplus
(2) Surplus leadership campaign funds must be transferred to the registered party that is holding the leadership contest or a registered association of that party.
Marginal note:Notice of disposal of surplus
435.47 (1) The financial agent of a leadership contestant shall, within seven days after disposing of the contestant’s surplus leadership campaign funds, notify the Chief Electoral Officer in the prescribed form of the amount and date of the disposal and to whom the surplus was transferred.
Marginal note:Publication
(2) As soon as practicable after the disposal of a leadership contestant’s surplus leadership campaign funds, the Chief Electoral Officer shall, in any manner that he or she considers appropriate, publish a notice referred to in subsection (1).
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