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Canada Elections Act

Version of section 403.35 from 2004-01-01 to 2006-12-31:


Marginal note:Return on financial transactions

  •  (1) The financial agent of a registered association shall, for each fiscal period of the association, provide to the Chief Electoral Officer

    • (a) a financial transactions return, substantially in the prescribed form, on the association’s financial transactions;

    • (b) the auditor’s report on the financial transactions return, if one is required under subsection 403.37(1);

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

    • (d) any statements and declarations provided to the financial agent by virtue of paragraph 405.3(2)(c) and subsection 405.3(4).

  • Marginal note:Contents of return

    (2) A financial transactions return must set out

    • (a) a statement of contributions received by the registered association from the following classes of contributor: individuals, corporations, trade unions and associations referred to in subsection 405.3(3);

    • (b) the number of contributors in each class listed in paragraph (a);

    • (b.1) in the case of a contributor that is an association referred to in subsection 405.3(3),

      • (i) the name and address of the association, the amount of its contribution and the date on which it was received by the registered association, and

      • (ii) the name and address of each individual whose money forms part of the contribution, the amount of money provided by that individual that is included in the contribution and the date on which it was provided to the association;

    • (c) the name and address of each other contributor in a class listed in paragraph (a) who made contributions of a total amount of more than $200 to the registered association, that total amount, as well as the amount of each such contribution and the date on which it was received by the association;

    • (d) in the case of a numbered company that is a contributor referred to in paragraph (c), the name of the chief executive officer or president of that company;

    • (e) a statement of the registered association’s assets and liabilities and any surplus or deficit in accordance with generally accepted accounting principles, including a statement of

      • (i) disputed claims under section 403.33, and

      • (ii) unpaid claims that are, or may be, the subject of an application referred to in subsection 403.31(1) or section 403.32;

    • (f) a statement of the registered association’s revenues and expenses in accordance with generally accepted accounting principles;

    • (g) a statement of the commercial value of goods or services provided and of funds transferred by the registered association to the registered party, to another registered association or to a candidate endorsed by the registered party;

    • (h) a statement of the commercial value of goods or services provided and of funds transferred to the registered association from the registered party, another registered association, a candidate, a leadership contestant or a nomination contestant;

    • (i) a statement of loans or security received by the registered association, including any conditions on them;

    • (i.1) a statement that provides full disclosure of financial loans for the purposes of the campaign, including interest rates, repayment schedules and the name of the lender; and

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

  • Marginal note:Loans

    (3) For the purpose of subsection (2), other than paragraph (2)(j), a contribution includes a loan.

  • Marginal note:Period for providing documents

    (4) The financial agent of a registered association shall provide the documents referred to in subsection (1) within five months after the end of the fiscal period.

  • 2003, c. 19, s. 23

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