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

Full Document:  

Act current to 2019-06-13 and last amended on 2019-06-13. Previous Versions

PART 18Financial Administration (continued)

DIVISION 6Leadership Contestants (continued)

SUBDIVISION BFinancial Administration of Leadership Contestants (continued)

Marginal note:Extensions, corrections or revisions — judge

  •  (1) A leadership contestant or their financial agent may apply to a judge for an order

    • (a) relieving the financial agent from the obligation to comply with a request referred to in subsection 478.86(2);

    • (b) authorizing an extension referred to in subsection 478.87(1); or

    • (c) authorizing a correction or revision referred to in subsection 478.88(1).

    The applicant shall notify the Chief Electoral Officer that the application has been made.

  • Marginal note:Deadline

    (2) The application may be made

    • (a) under paragraph (1)(a), within the specified period referred to in subsection 478.86(2) or within the two weeks after the end of that period;

    • (b) under paragraph (1)(b), within two weeks after, as the case may be,

      • (i) if an application for an extension is not made to the Chief Electoral Officer within the period referred to in subsection 478.87(2), the end of the two-week period referred to in that subsection,

      • (ii) the rejection of an application for an extension made in accordance with section 478.87, or

      • (iii) the end of the extended period referred to in subsection 478.87(1); or

    • (c) under paragraph (1)(c), within two weeks after the rejection of an application for a correction or revision made in accordance with section 478.88.

  • Marginal note:Grounds — relief from compliance

    (3) The judge shall grant an order relieving the financial agent from the obligation to comply with a request referred to in subsection 478.86(2) if the judge is satisfied by the evidence submitted by the applicant that the correction or revision is not necessary in order for the requirements of this Act to be complied with.

  • Marginal note:Grounds — extension

    (4) The judge shall grant an order authorizing an extension unless the judge is satisfied that the financial agent’s failure to provide the required documents was deliberate or was the result of the financial agent’s failure to exercise due diligence.

  • Marginal note:Grounds — corrections or revisions

    (5) The judge shall grant an order authorizing a correction or revision if the judge is satisfied by the evidence submitted by the applicant that the correction or revision is necessary in order for the requirements of this Act to be complied with.

  • Marginal note:Contents of order

    (6) 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.

  • 2014, c. 12, s. 86

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 or misleading declaration

 No leadership contestant shall send to their financial agent a declaration referred to in paragraph 478.8(1)(d) that they know or ought reasonably to know is false or misleading.

  • 2018, c. 31, s. 316

Marginal note:Prohibition — false, misleading or incomplete document

 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 financial agent 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 paragraph 478.8(1)(a), 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
  • 2018, c. 31, s. 317
Payment of Audit Expenses

Marginal note:Certificate

  •  (1) On receipt of the documents referred to in subsection 478.8(1), including the auditor’s report, and a copy of the auditor’s invoice for the report, the Chief Electoral Officer shall provide the Receiver General with a certificate that sets out the greater of

    • (a) the amount of the expenses incurred for the audit, up to a maximum of the lesser of 3% of the leadership contestant’s leadership contest expenses and $1,500, and

    • (b) $250.

  • Marginal note:Payment

    (2) On receipt of the certificate, the Receiver General shall pay the amount set out in it to the auditor out of the Consolidated Revenue Fund.

  • Marginal note:Inflation adjustment factor

    (3) The $1,500 amount set out in paragraph (1)(a) and the $250 amount set out in paragraph (1)(b) shall be multiplied by the inflation adjustment factor referred to in section 384 that is in effect on the day on which the leadership contest ends.

  • 2018, c. 31, s. 318
Surplus of Leadership Campaign Funds

Marginal note:Surplus of leadership campaign funds

  •  (1) The surplus amount of leadership campaign funds that a leadership contestant receives for a leadership contest is the amount by which the sum of the following is more than the sum of the contestant’s leadership campaign expenses paid from the bank account referred to in subsection 478.72(1) and any transfers referred to in paragraph 364(5)(b):

    • (a) contributions accepted by the leadership campaign agents on behalf of the contestant;

    • (b) money received from the sale referred to in subsection (2);

    • (c) amounts referred to in subsection 365(3); and

    • (d) any other amounts received by the contestant for their leadership campaign that are required to be deposited into the bank account referred to in subsection 478.72(1) and are not repayable.

  • Marginal note:Sale of capital assets

    (2) Before the surplus amount of leadership campaign funds is disposed of in accordance with sections 478.95 and 478.96, a leadership contestant’s financial agent shall sell, at their fair market value, any capital assets whose acquisition constitutes a leadership campaign expense.

  • 2014, c. 12, s. 86
  • 2018, c. 31, s. 319
 
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