Fair Elections Act (S.C. 2014, c. 12)
Full Document:
Assented to 2014-06-19
Marginal note:2003, c. 19, s. 25; 2006, c. 9, s. 47
81. Section 405.1 of the Act is repealed.
Marginal note:2006, c. 9, s. 48(1)
82. (1) Paragraph 405.2(1)(a) of the Act is replaced by the following:
(a) circumvent, or attempt to circumvent, the prohibition under subsection 404(1) or 405(4.1) or a limit set out in subsection 405(1) or (4.2) or section 405.31; or
Marginal note:2006, c. 9, s. 48(2)
(2) Subsection 405.2(4) of the Act is replaced by the following:
Marginal note:Prohibited agreements
(4) No person or entity shall enter into an agreement for the provision for payment of goods or services, directly or indirectly, to a registered party or a candidate that includes a term that any individual will make a contribution, directly or indirectly, to a registered party, a registered association, a candidate, a leadership contestant or a nomination contestant.
83. Section 405.3 of the Act is renumbered as subsection 405.3(1) and is amended by adding the following:
Marginal note:Exception — candidates and leadership contestants
(2) Despite subsection (1), a candidate or a leadership contestant may make a contribution under subsection 405(4.2) that comes from money provided by way of a loan to the candidate or leadership contestant made in writing by a financial institution as defined in section 2 of the Bank Act at a fair market rate of interest, as long as no security is given for the loan except property of the candidate or leadership contestant, as the case may be.
84. Section 435 of the Act is amended by adding the following after subsection (1):
Marginal note:Reduction of reimbursement
(1.1) If the election expenses, as set out in the election expenses return, exceed the maximum amount that is allowed under section 422, the amount that is provided for in subsection (1) is reduced as follows, without at any time being less than zero:
(a) by one dollar for every dollar that exceeds the maximum amount by less than 5%;
(b) by two dollars for every dollar that exceeds the maximum amount by 5% or more but by less than 10%;
(c) by three dollars for every dollar that exceeds the maximum amount by 10% or more but by less than 12.5%; and
(d) by four dollars for every dollar that exceeds the maximum amount by 12.5% or more.
85. (1) Section 465 of the Act is amended by adding the following after subsection (2):
Marginal note:Reduction of reimbursement
(2.1) If a candidate’s election expenses, as set out in his or her electoral campaign return, exceed the maximum amount that is allowed under section 440, the amount that is provided for in subsection (2) is reduced as follows:
(a) by one dollar for every dollar that exceeds the maximum amount by less than 5%;
(b) by two dollars for every dollar that exceeds the maximum amount by 5% or more but by less than 10%;
(c) by three dollars for every dollar that exceeds the maximum amount by 10% or more but by less than 12.5%; and
(d) by four dollars for every dollar that exceeds the maximum amount by 12.5% or more.
(2) Section 465 of the Act is amended by adding the following after subsection (3):
Marginal note:Reimbursement
(4) If the amount that is provided for in subsection (2) is a negative amount after being reduced under subsection (2.1), the candidate’s official agent shall without delay return to the Receiver General that amount — expressed as a positive number — up to the amount of the partial reimbursement received by the official agent under section 464.
Marginal note:2001, c. 21, ss. 21 and 22; 2003, c. 19, ss. 6 to 12, 14 to 34.1, 36 to 44, 46 to 48, 49(2.1) and (3) and 50 to 57; 2004, c. 24, ss. 3 to 20; 2006, c. 9, ss. 41 to 55; 2007, c. 21, ss. 34 and 35; 2011, c. 24, s. 181
86. Part 18 of the Act is replaced by the following:
PART 18FINANCIAL ADMINISTRATION
Division 1General Financial Provisions
Contributions
Marginal note:Prohibition — ineligible contributors
363. (1) No person or entity other than an individual who is a Canadian citizen or is a permanent resident as defined in subsection 2(1) of the Immigration and Refugee Protection Act shall make a contribution to a registered party, a registered association, a nomination contestant, a candidate or a leadership contestant.
Marginal note:Return of contributions
(2) If a registered party, a registered association, a nomination contestant, a candidate or a leadership contestant receives a contribution from an ineligible contributor, the chief agent of the registered party, the financial agent of the registered association, the official agent of the candidate or the financial agent of the nomination contestant or leadership contestant, as the case may be, shall, within 30 days after becoming aware of the ineligibility, return the contribution unused to the contributor or, if that is not possible, pay the amount of it — or, in the case of a non-monetary contribution, an amount of money equal to its commercial value — to the Chief Electoral Officer, who shall forward that amount to the Receiver General.
Marginal note:Provincial divisions
(3) For greater certainty, contributions to and expenses of a provincial division of a registered party are contributions to and expenses of the party. Similarly, transfers of funds to or by the division are transfers to or by the party.
Marginal note:Registered agents
(4) A provincial division of a registered party may appoint registered agents, subject to any terms and conditions that the appointment specifies. This Act applies to those agents as if they were registered agents appointed by the party under subsection 396(1).
Marginal note:Contributions — inclusions and exclusions
364. (1) Any money that is used for a nomination contestant’s, a candidate’s or a leadership contestant’s campaign out of their own funds is a contribution for the purposes of this Act.
Marginal note:Exclusion for goods and services — registered parties, registered associations and candidates
(2) A provision of goods or services is permitted and is not a contribution for the purposes of this Act if it is
(a) from a registered party to an electoral district association of the party or a candidate endorsed by the party;
(b) from a registered association to the registered party with which it is affiliated, another registered association of the party or a candidate endorsed by the party;
(c) from a registered party or registered association to a nomination contestant or a leadership contestant in compliance with subsection 365(1);
(d) from a candidate endorsed by a registered party to the party or a registered association of the party;
(e) from a candidate to themselves in their capacity as a nomination contestant in respect of the same election; or
(f) in the case where a writ is deemed to be withdrawn under subsection 31(3) of the Parliament of Canada Act, from a candidate in an election that is cancelled to themselves in their capacity as a candidate in respect of the general election resulting from the dissolution of Parliament.
Marginal note:Exclusion for funds — registered parties, registered associations and candidates
(3) A transfer of funds is permitted and is not a contribution for the purposes of this Act if it is
(a) from a registered party to an electoral district association of the party;
(b) from a registered association to the registered party with which it is affiliated or another registered association of the party;
(c) from a candidate endorsed by a registered party to the party or a registered association of the party;
(d) from a candidate to themselves in their capacity as a nomination contestant in respect of the same election; or
(e) in the case where a writ is deemed to be withdrawn under subsection 31(3) of the Parliament of Canada Act, from a candidate in an election that is cancelled to themselves in their capacity as a candidate in respect of the general election resulting from the dissolution of Parliament.
Marginal note:Exclusion for funds other than trust funds — registered parties and registered associations
(4) A transfer of funds, other than trust funds, is permitted and is not a contribution for the purposes of this Act if it is
(a) from a registered party to a candidate endorsed by the party; or
(b) from a registered association to a candidate endorsed by the registered party with which the association is affiliated.
Marginal note:Exclusion for funds — nomination contestants, leadership contestants and registered parties
(5) A transfer of funds is permitted and is not a contribution for the purposes of this Act if it is
(a) from a nomination contestant of a registered party to the party, the registered association of the party that held the nomination contest or the official agent of the candidate endorsed by the party in the electoral district in which the nomination contest was held;
(b) from a leadership contestant of a registered party to the party or a registered association of the party; or
(c) from a registered party to a leadership contestant out of funds from a directed contribution referred to in subsection 365(3).
Marginal note:Exclusion — paid leave of absence
(6) The provision by an employer of a paid leave of absence to an employee for the purpose of allowing the employee to be a nomination contestant or candidate is not a contribution.
Marginal note:Exclusion — membership fees
(7) The payment by an individual during a year of fees of not more than $25 per year for a period of not more than five years for membership in a registered party is not a contribution.
Marginal note:Contribution
(8) For greater certainty, the payment by or on behalf of an individual of fees to attend an annual or biennial convention or leadership convention of a particular registered party is a contribution to that party.
Marginal note:Certain transfers prohibited
365. (1) No registered party and no electoral district association of a registered party shall provide goods or services or transfer funds to a nomination contestant or a leadership contestant, unless the goods or services are offered equally to all contestants.
Definition of “directed contribution”
(2) In this section, “directed contribution” means an amount that is all or part of a contribution made to a registered party and that the contributor requests in writing be transferred to a particular leadership contestant.
Marginal note:Exception
(3) Subsection (1) does not apply to a directed contribution that is transferred by the registered party to the leadership contestant mentioned in the request if the party provides, with the amount transferred, a statement in the prescribed form setting out the name and address of the contributor, the amount and date of the contribution, the amount of the directed contribution, the amount that the party is transferring and the date of the transfer.
Marginal note:Presumption
(4) The amount of a directed contribution that is to be transferred to a leadership contestant is deemed to be a contribution made by the contributor to the contestant.
Marginal note:Issuance of receipts
366. (1) Any person who is authorized to accept contributions on behalf of a registered party, a registered association, a nomination contestant, a candidate or a leadership contestant shall issue a receipt — of which the person shall keep a copy — for each contribution of more than $20 that they accept.
Marginal note:Record keeping
(2) If anonymous contributions of $20 or less per person are collected in response to a general solicitation at a meeting or fundraising event related to the affairs of a registered party, a registered association, a nomination contestant, a candidate or a leadership contestant, the person authorized to accept those contributions shall record the following:
(a) a description of the function at which the contributions were collected;
(b) the date of the function;
(c) the approximate number of people at the function; and
(d) the total amount of the anonymous contributions received.
Marginal note:Contribution limits
367. (1) Subject to subsection 373(4), no individual shall make contributions that exceed
(a) $1,200 in total in any calendar year to a particular registered party;
(b) $1,200 in total in any calendar year to the registered associations, nomination contestants and candidates of a particular registered party;
(c) $1,200 in total to a candidate for a particular election who is not the candidate of a registered party; and
(d) $1,200 in total in any calendar year to the leadership contestants in a particular leadership contest.
Marginal note:Testamentary dispositions
(2) A contribution may be made by way of a testamentary disposition if the contribution is made only in one calendar year and does not cause the contributor to exceed the relevant limit under subsection (1), taking into account any contributions that the contributor made before their death.
Marginal note:Non-conforming testamentary dispositions read down
(3) A testamentary disposition that provides for a contribution that would cause the contributor to exceed the relevant limit under subsection (1) shall be read as if the contribution is for the highest amount that would not cause the contributor to exceed that limit, and a testamentary disposition that provides for a contribution to be made in more than one calendar year after the year in which this subsection comes into force shall be read as if the contribution is to be made only in the first of those calendar years.
Marginal note:Attribution of certain contributions
(4) For the purposes of subsection (1), a contribution to a person who presents themselves as seeking the endorsement of a particular registered party is to be treated as a contribution referred to in paragraph (1)(b) to a candidate of that party and a contribution to a person who presents themselves as seeking to be a candidate not endorsed by any registered party is to be treated as a contribution referred to in paragraph (1)(c).
Marginal note:Exception — nomination contestant’s contributions to own campaign
(5) Contributions that do not exceed $1,000 in total by a nomination contestant out of their own funds to their own campaign as a nomination contestant do not count towards the nomination contestant’s contributions for the purposes of paragraph (1)(b).
Marginal note:Contributions — candidates and leadership contestants
(6) Subject to subsection (7), no candidate in a particular election and no leadership contestant in a particular leadership contest shall make a contribution out of their own funds to their own campaign.
Marginal note:Exception — certain contributions to own campaign
(7) The following contributions are permitted:
(a) contributions that do not exceed $5,000 in total by a candidate for a particular election out of their own funds to their own campaign; and
(b) contributions that do not exceed $25,000 in total by a leadership contestant in a particular leadership contest out of their own funds to their own campaign.
Marginal note:Contributions under subsection (1) not affected
(8) Contributions made under subsection (7) do not have the effect of reducing the amounts that the candidate or leadership contestant, as the case may be, may contribute under subsection (1) to other candidates or to other leadership contestants, as the case may be.
Marginal note:Prohibition — circumventing limits
368. (1) No person or entity shall
(a) circumvent, or attempt to circumvent, the prohibition under subsection 363(1) or 367(6) or a limit set out in subsection 367(1) or (7) or section 371; or
(b) act in collusion with another person or entity for that purpose.
Marginal note:Prohibition — concealing source of contribution
(2) No person or entity shall
(a) conceal, or attempt to conceal, the identity of the source of a contribution governed by this Act; or
(b) act in collusion with another person or entity for that purpose.
Marginal note:Prohibition — accepting excessive contributions
(3) No person who is permitted to accept contributions under this Act shall knowingly accept a contribution that exceeds a limit under this Act.
Marginal note:Prohibited agreements
(4) No person or entity shall enter into an agreement for the provision for payment of goods or services, directly or indirectly, to a registered party or a candidate that includes a term that any individual will make a contribution, directly or indirectly, to a registered party, a registered association, a nomination contestant, a candidate or a leadership contestant.
Marginal note:Prohibition — soliciting or accepting contribution
369. (1) No person or entity shall solicit or accept a contribution on behalf of a registered party, a registered association or a candidate if the person or entity makes a representation to the contributor or potential contributor that part or all of the contribution would be transferred to a person or entity other than the registered party or a candidate, a leadership contestant or an electoral district association.
Marginal note:Prohibition — collusion
(2) No person or entity shall act in collusion with another person or entity for the purpose of circumventing the prohibition under subsection (1).
Marginal note:Prohibition — making indirect contributions
370. (1) No individual shall make a contribution to a registered party, a registered association, a nomination contestant, a candidate or a leadership contestant that comes from money, property or the services of any person or entity that was provided to that individual for that purpose.
Marginal note:Exception — candidates and leadership contestants
(2) Despite subsection (1), a candidate or a leadership contestant may make a contribution under subsection 367(7) that comes from money provided by way of a loan to the candidate or leadership contestant made in writing by a financial institution as defined in section 2 of the Bank Act at a fair market rate of interest, as long as no security is given for the loan except property of the candidate or leadership contestant, as the case may be.
Marginal note:Limit on cash contributions
371. No individual shall, in respect of each contribution made under this Division, contribute cash in an amount that exceeds $20.
Marginal note:Return of contributions
372. If a registered party, a registered association, a nomination contestant, a candidate or a leadership contestant receives a contribution made in contravention of subsection 367(1) or 368(4) or section 370 or 371, the chief agent of the registered party, the financial agent of the registered association, the official agent of the candidate or the financial agent of the nomination contestant or leadership contestant, as the case may be, shall, within 30 days after becoming aware of the contravention, return the contribution unused to the contributor or, if that is not possible, pay the amount of it — or, in the case of a non-monetary contribution, an amount of money equal to its commercial value — to the Chief Electoral Officer, who shall forward that amount to the Receiver General.
Loans, Guarantees and Suretyships
Marginal note:Ineligible lenders and guarantors
373. (1) Except as permitted under this section, no person or entity shall
(a) make a loan to a registered party or a registered association;
(b) make a loan to a nomination contestant, a candidate or a leadership contestant in relation to the contestant’s or candidate’s campaign; or
(c) guarantee a loan referred to in paragraph (a) or (b).
Marginal note:Ineligible borrowers
(2) Except if the loan is permitted under this section, no registered agent of a registered party and no financial agent of a registered association shall borrow money on behalf of the party or association, and no official agent of a candidate and no financial agent of a nomination contestant or of a leadership contestant shall borrow money for the purposes of the candidate’s or contestant’s campaign.
Marginal note:Exception — financial institutions
(3) A financial institution as defined in section 2 of the Bank Act may in writing make a loan referred to in subsection (1) at a fair market rate of interest.
Marginal note:Exception — individuals
(4) An individual who is a Canadian citizen or is a permanent resident as defined in subsection 2(1) of the Immigration and Refugee Protection Act may in writing make a loan referred to in subsection (1) or guarantee such a loan. However, the total of the following amounts shall not at any time exceed the individual’s relevant contribution limit set out in paragraphs 367(1)(a) to (d), subsection 367(5) and paragraphs 367(7)(a) and (b):
(a) the amounts of the individual’s contributions,
(b) the amounts of the individual’s loans made in the relevant contribution period, not including any amount that has been repaid in the calendar year in which the loan was made, and
(c) the amounts guaranteed by the individual in the relevant contribution period, not including any amount for which the individual has ceased to be liable in the calendar year in which the guarantee was given.
Marginal note:Exception — certain loans
(5) A loan may be made in writing
(a) by a registered party to a registered association of the party or a candidate endorsed by the party; or
(b) by a registered association to the registered party with which it is affiliated, another registered association of the party or a candidate endorsed by the party.
Marginal note:Exception — certain guarantees and suretyships
(6) A registered party or registered association may in writing guarantee a loan made in writing to a party, association or candidate to which it itself is permitted to make a loan under subsection (5).
Marginal note:Prohibition — making indirect loans
374. No individual shall make a loan to a registered party, a registered association, a nomination contestant, a candidate or a leadership contestant that is made possible by money, property or the services of any person or entity that was provided to that individual for that purpose.
Expenses
Marginal note:Electoral campaign expenses
375. An electoral campaign expense of a candidate is an expense reasonably incurred as an incidence of the election, including
(a) an election expense;
(b) a personal expense; and
(c) any fees of the candidate’s auditor, and any costs incurred for a recount of votes cast in the candidate’s electoral district, that have not been reimbursed by the Receiver General.
Marginal note:Election expenses
376. (1) An election expense is any of the following:
(a) any cost incurred, or non-monetary contribution received, by a registered party or a candidate, to the extent that the property or service that the cost was incurred for or that was received as a non-monetary contribution is used to directly promote or oppose a registered party, its leader or a candidate during an election period; and
(b) any acceptance by a registered party or a candidate of a provision of goods or services that is permitted under subsection 364(2), to the extent that the goods or services are used to directly promote or oppose a registered party, its leader or a candidate during an election period.
Marginal note:Exclusions — certain fundraising and nominations
(2) Expenses for a fundraising activity and expenses to directly promote the nomination of a person as a candidate or the selection of a person as leader of a registered party, other than expenses referred to in paragraphs (3)(a) and (b) that are related to such fundraising and promotional activities, are not election expenses under subsection (1).
Marginal note:Inclusions
(3) An election expense referred to in subsection (1) includes a cost incurred for, a non-monetary contribution in relation to, or a provision of goods and services in relation to,
(a) the production of advertising or promotional material;
(b) the distribution, broadcast or publication of such material in any media or by any other means during the election period, including by the use of a capital asset;
(c) the payment of remuneration and expenses to or on behalf of a person for their services as an official agent or registered agent or in any other capacity;
(d) securing a meeting space or the supply of light refreshments at meetings;
(e) any product or service provided by a government, a Crown corporation or any other public agency; and
(f) the conduct of election surveys or other surveys or research during an election period.
Definition of “cost incurred”
(4) In subsection (1), “cost incurred” means an expense that is incurred by a registered party or a candidate, whether it is paid or unpaid.
Marginal note:Contributions for ticketed fundraising functions
377. If a fundraising activity is held for the primary purpose of soliciting a monetary contribution for a registered party, a registered association, a nomination contestant, a candidate or a leadership contestant by way of selling a ticket, the amount of the monetary contribution received is the difference between the price of the ticket and the fair market value of what the ticket entitles the bearer to obtain.
Marginal note:Personal expenses — candidate
378. (1) A candidate’s personal expenses 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 candidate normally provides such care; and
(d) in the case of a candidate who has a disability, additional expenses that are related to the disability.
Marginal note:Categories and maximums
(2) The Chief Electoral Officer may establish categories of personal expenses and fix maximum amounts that may be incurred for expenses in each category.
Marginal note:Costs related to candidate’s representatives
379. Any expenses of a candidate that are incurred to remunerate the candidate’s representatives referred to in subsection 136(1) or 237.1(2) are deemed to be personal expenses of the candidate.
Marginal note:Evidence of payment — $50 or more
380. (1) If an expense of $50 or more was incurred under this Act by or on behalf of a registered party, a registered association, a nomination contestant, a candidate or a leadership contestant and paid by an agent or other person authorized under this Act to pay such an expense, the agent or other person shall keep a copy of the invoice prepared by the person who provided the good or service to which the expense relates setting out the nature of the expense together with proof that it was paid.
Marginal note:Evidence of payment — under $50
(2) If an expense of less than $50 was incurred and paid as described in subsection (1), the person who made the payment shall keep a record of the nature of the expense together with proof that it was paid.
Marginal note:Petty expenses
381. (1) A person may pay a petty expense incurred for office supplies, postage, courier services and other incidental expenses under the written authorization of
(a) a registered agent of a registered party, as an expense incurred on behalf of the registered party;
(b) an electoral district agent of a registered association, as an expense incurred on behalf of the association;
(c) the financial agent of a nomination contestant, as a nomination campaign expense;
(d) the official agent of a candidate, as an electoral campaign expense for the candidate; or
(e) a leadership campaign agent of a leadership contestant, as a leadership campaign expense.
Marginal note:Authorized maximum
(2) The written authorization referred to in subsection (1) shall specify a maximum amount for the total of petty expenses that the person is authorized to pay.
Marginal note:Statement and evidence of payment
(3) A person who is authorized to pay a petty expense shall provide the agent who authorized it with a statement of payments that the person made and the documentation referred to in section 380 within three months after
(a) in the case of a petty expense incurred on behalf of a registered party, the day on which it is incurred;
(b) in the case of a petty expense incurred on behalf of a registered association, the day on which it is incurred;
(c) in the case of a petty expense incurred on behalf of a nomination contestant, the day on which it is incurred;
(d) in the case of a petty expense incurred on behalf of a candidate, polling day; and
(e) in the case of a petty expense incurred on behalf of a leadership contestant, the day on which it is incurred.
Marginal note:Prohibition
(4) No person who is authorized to pay petty expenses shall pay, in total, more than the maximum amount of petty expenses that they are authorized to pay.
Marginal note:Publication of electoral campaign returns and election expenses returns
382. (1) The Chief Electoral Officer shall, in the manner that he or she considers appropriate, publish the original election expenses returns of registered parties and electoral campaign returns of candidates and any corrected or revised versions of those returns
(a) in the case of an original return, within one year after the issue of a writ for an election;
(b) in the case of a corrected or revised version of a return, as soon as feasible after he or she receives it; and
(c) in the case of a document referred to in subsection 477.59(10), (11), (12) or (15), or a corrected or revised version of such a document, as soon as feasible after he or she receives it.
Marginal note:Publication of financial transactions returns
(2) The Chief Electoral Officer shall publish the following, as soon as feasible after receiving them, in the manner that he or she considers appropriate:
(a) the financial transactions returns of registered parties and registered associations, and any corrected or revised versions of those returns;
(b) the nomination campaign returns of nomination contestants, any document referred to in subsection 476.75(10), (11), (12) or (15), and any corrected or revised versions of those returns or documents; and
(c) the leadership campaign returns of leadership contestants, any document referred to in subsection 478.8(10), (11), (12) or (15), any corrected or revised versions of those returns or documents, the returns in respect of contributions required under section 478.81, and any statements containing information with respect to contributions referred to in paragraph 478.3(2)(d).
Marginal note:Summary of return on candidates’ election expenses
(3) As soon as feasible after receiving an electoral campaign return, any document referred to in subsection 477.59(10), (11), (12) or (15) or any corrected or revised version of those returns or documents for each candidate in an electoral district, the Chief Electoral Officer shall, in the manner that he or she considers appropriate, publish a summary report that includes the maximum election expenses allowed for the electoral district and, for each candidate,
(a) the total election expenses;
(b) the total personal expenses;
(c) the number of contributors and the total amount of contributions received;
(d) the name of the official agent;
(e) the name of the auditor; and
(f) if applicable, an indication that the auditor’s report on a return was qualified.
Marginal note:Publication of return of deregistered parties
(4) As soon as feasible after receiving a financial transactions return under subparagraph 420(a)(i) from a deregistered political party, the Chief Electoral Officer shall publish it in the manner that he or she considers appropriate.
Marginal note:Delivery to returning officers
383. (1) The Chief Electoral Officer shall, as soon as feasible after receiving the documents referred to in subsection 477.59(1) for an electoral district, deliver a copy of them to the returning officer for the electoral district.
Marginal note:Public availability
(2) A returning officer who receives documents under subsection (1) shall, on request, make them available for six months for public inspection at any reasonable time. Copies may be obtained for a fee of up to $0.25 per page.
Marginal note:Retention
(3) A returning officer who receives documents under subsection (1) shall retain them for three years, or any shorter period that the Chief Electoral Officer considers appropriate, after the end of the six-month period mentioned in subsection (2).
Inflation Adjustment Factor
Marginal note:Inflation adjustment factor
384. Before April 1 in each year, the Chief Electoral Officer shall cause to be published in the Canada Gazette an inflation adjustment factor that is in effect for a period of one year beginning on that date. It shall be a fraction with
(a) a numerator that is the annual average Consumer Price Index, as published by Statistics Canada under the authority of the Statistics Act, for the calendar year immediately before that date, calculated on the basis of 1992 being equal to 100; and
(b) a denominator that is 108.6, which is the annual average Consumer Price Index, as published by Statistics Canada under the authority of the Statistics Act, for 1998, calculated on the basis of 1992 being equal to 100.
Division 2Political Parties
Subdivision aRegistration of Political Parties
Application for Registration
Marginal note:Application for registration
385. (1) The leader of a political party may apply to the Chief Electoral Officer for the political party to become a registered party.
Marginal note:Contents of application
(2) The application for registration shall include
(a) the political party’s full name;
(b) the party’s short-form name, or its abbreviation, if any, that is to be shown in election documents;
(c) the party’s logo, if any;
(d) the name and address of the party’s leader and a copy of the party’s resolution to appoint the leader, certified by the leader and another officer of the party;
(e) the address of the party’s office where records are maintained and to which communications may be addressed;
(f) the names and addresses of the party’s officers and their signed consent to act in that capacity;
(g) the name and address of the party’s auditor and their signed consent to act in that capacity;
(h) the name and address of the party’s chief agent and their signed consent to act in that capacity;
(i) the names and addresses of 250 electors and their declarations in the prescribed form that they are members of the party and support the party’s application for registration; and
(j) the leader’s declaration in the prescribed form that, having considered all of the factors — including those described in subsection 521.1(5) — relevant to determining the party’s purposes, one of the party’s fundamental purposes is to participate in public affairs by endorsing one or more of its members as candidates and supporting their election.
Marginal note:Additional information
(3) To confirm that the purpose referred to in paragraph (2)(j) is one of the party’s fundamental purposes, the Chief Electoral Officer may ask the party’s leader to provide any relevant information, including information about the factors described in subsection 521.1(5).
Marginal note:Withdrawal of application
386. A leader who has made an application under subsection 385(1) may withdraw it at any time before registration by sending a signed request to that effect to the Chief Electoral Officer.
Marginal note:Eligibility for registration
387. A political party whose leader has made an application under subsection 385(1) becomes eligible for registration if
(a) its name, short-form name, abbreviation or logo does not
(i) so resemble the name, short-form name, abbreviation or logo of a registered party or an eligible party that it would, in the Chief Electoral Officer’s opinion, likely be confused with it, or
(ii) include the word “independent” or a word that so resembles “independent” that it would, in the Chief Electoral Officer’s opinion, likely be confused with it;
(b) the party has at least three officers in addition to its leader and has appointed a chief agent and an auditor; and
(c) the Chief Electoral Officer is satisfied that the party has provided the information required under subsection 385(2) and that the information is accurate.
Marginal note:Preservation of name
388. In the period of 30 days after the deregistration of a political party,
(a) no application for another political party to become a registered party shall be accepted — and no report under section 405 is effective — if the application or report would permit another political party to use a name, short-form name, abbreviation or logo that would, in the Chief Electoral Officer’s opinion, likely be confused with that of the deregistered party; and
(b) if a new application is made for the registration of the deregistered party under the name, short-form name, abbreviation or logo that it had at the time of its deregistration, the Chief Electoral Officer shall not refuse the application on the ground that it does not comply with subparagraph 387(a)(i).
Marginal note:Notification of eligibility
389. (1) The Chief Electoral Officer shall, as soon as feasible after the day on which the application is received, inform the leader of a political party who has applied for the party to become registered whether or not the party is eligible for registration under section 387. If the party is not eligible, the Chief Electoral Officer shall also indicate which of that section’s requirements have not been met.
Marginal note:Loss of eligibility
(2) A political party whose leader has been informed under subsection (1) that it is eligible loses its eligibility if
(a) it contravenes any of section 391, subsection 395(1), sections 399 to 402, subsections 405(1), (3) and (4) and 406(1) and section 407;
(b) one of its officers is not eligible under subsection 395(2) and the party has not complied with subsections 395(3) and (4);
(c) its chief agent is not eligible under section 397 and the party has not complied with section 400; or
(d) its auditor is not eligible under section 398 and the party has not complied with section 400.
Marginal note:Registration
390. (1) An eligible party becomes a registered party if it has at least one candidate whose nomination has been confirmed for an election and its application to become registered was made at least 60 days before the issue of the writ or writs and has not been withdrawn.
Marginal note:Late application
(2) An eligible party whose application was made after the 60 days referred to in subsection (1) becomes a registered party for the next general election — or any by-election that precedes it — if it satisfies the requirements of that subsection for that election.
Marginal note:Notification
(3) The Chief Electoral Officer shall, as soon as feasible after the end of the 48-hour period following the close of nominations,
(a) inform the leader of an eligible party that meets the requirements of subsection (1) that the party has been registered; and
(b) in the case of a general election, inform the leader of an eligible party that does not meet the requirements of subsection (1) that the party has not been registered.
Marginal note:Loss of eligibility
(4) An eligible party, other than one referred to in subsection (2), loses its eligibility on being informed under paragraph (3)(b) that it has not been registered.
Marginal note:Eligible party deemed registered
(5) For the purposes of sections 363, 367, 376, 430, 437 and 444, an eligible party that becomes a registered party under subsection (1) is deemed to have been registered from the day of the issue of the writ or writs.
Marginal note:Report on agents of eligible parties
391. An eligible party shall, within 30 days after being informed under subsection 389(1) that it is eligible, provide the Chief Electoral Officer with a written report, certified by its leader or chief agent, containing the name and address of any person appointed as its registered agent and any terms and conditions to which the appointment is subject. The Chief Electoral Officer shall, on the registration of the eligible party, register that information in the registry of political parties.
Marginal note:Statement of assets and liabilities
392. Within six months after becoming a registered party, the registered party shall provide the Chief Electoral Officer with
(a) a statement, prepared in accordance with generally accepted accounting principles, of its assets and liabilities, including any surplus or deficit, as of the day before the effective date of the registration;
(b) a report on that statement made by the registered party’s auditor to its chief agent that contains the auditor’s opinion as to whether that statement presents fairly and in accordance with generally accepted accounting principles the information on which it is based; and
(c) a declaration in the prescribed form by the registered party’s chief agent that the statement is complete and accurate.
Marginal note:Annual fiscal period
393. (1) The fiscal period of a registered party is the calendar year.
Marginal note:Adjustment of fiscal period
(2) Without delay after becoming registered, a political party shall, if necessary, adjust its fiscal period so that it ends at the end of the calendar year. The adjusted fiscal period shall not be less than six months or more than 18 months.
Marginal note:Registry of political parties
394. The Chief Electoral Officer shall maintain a registry of political parties that contains the information referred to in paragraphs 385(2)(a) to (h) and subsections 396(2) and 418(2).
Officers, Registered Agents, Auditors and Members
Marginal note:Minimum number of officers
395. (1) Subject to subsection (3), a registered party and an eligible party shall have at least three officers in addition to the leader of the party.
Marginal note:Eligibility — officer
(2) Only a person who is an elector and whose ordinary residence is in Canada is eligible to be an officer of a registered party or an eligible party.
Marginal note:Appointment of replacement
(3) In the event of the death, incapacity, resignation or ineligibility of an officer of a registered party or eligible party, or the revocation of the appointment of one, the party shall, if the remaining number of officers is less than four, appoint a replacement within 30 days.
Marginal note:Report of appointment
(4) Within 30 days after the day on which the replacement is appointed, the registered party or eligible party shall inform the Chief Electoral Officer of the appointment by providing a report under subsection 405(1).
Marginal note:Registered agents
396. (1) A registered party may appoint persons to act as its registered agents, subject to any terms and conditions that the appointment specifies.
Marginal note:Report of appointment
(2) Within 30 days after the day on which a registered agent is appointed, the registered party shall provide the Chief Electoral Officer with a written report, certified by its leader or chief agent, that includes the registered agent’s name and address and any terms and conditions to which the appointment is subject. The Chief Electoral Officer shall register that information in the registry of political parties.
Marginal note:Agents — corporations
397. (1) A corporation incorporated under the laws of Canada or a province is eligible to be
(a) a chief agent or a registered agent of a registered party; or
(b) a chief agent or an agent of an eligible party.
Marginal note:Agents — ineligibility
(2) The following persons are ineligible to be a chief agent, a registered agent or an agent:
(a) an election officer or a member of the staff of a returning officer;
(b) a candidate;
(c) an auditor appointed as required by this Act;
(d) subject to subsection (1), a person who is not an elector;
(e) an undischarged bankrupt; and
(f) a person who does not have full capacity to enter into contracts in the province in which the person ordinarily resides.
Marginal note:Auditor — eligibility
398. (1) Only the following are eligible to be an auditor for a registered party or an eligible party:
(a) a person who is a member in good standing of a corporation, association or institute of professional accountants; or
(b) a partnership of which every partner is a member in good standing of a corporation, association or institute of professional accountants.
Marginal note:Auditor — ineligibility
(2) The following persons are ineligible to be an auditor:
(a) an election officer or a member of the staff of a returning officer;
(b) a candidate or their official agent;
(c) an officer of a registered party or an eligible party;
(d) a chief agent of a registered party or an eligible party;
(e) a registered agent of a registered party;
(f) an electoral district agent of a registered association;
(g) a nomination contestant or their financial agent;
(h) a leadership contestant or their leadership campaign agent; and
(i) a financial agent of a registered third party.
Marginal note:Consent
399. A registered party and an eligible party shall obtain from its officers, chief agent and auditor, on appointment, their signed consent to act in that capacity.
Marginal note:Replacement of chief agent or auditor
400. (1) In the event of the death, incapacity, resignation or ineligibility of its chief agent or auditor, or the revocation of the appointment of one, a registered party or eligible party shall without delay appoint a replacement.
Marginal note:Report of appointment
(2) Within 30 days after the day on which the replacement is appointed, the registered party or eligible party shall inform the Chief Electoral Officer of the appointment by providing a report under subsection 405(1).
Marginal note:Only one chief agent and auditor
401. A registered party or eligible party shall have no more than one chief agent and one auditor at a time.
Marginal note:Minimum number of members
402. A registered party and an eligible party shall have at least 250 members who are electors.
Marginal note:Prohibition — officer
403. (1) No person who is ineligible to be an officer of a registered party or an eligible party shall act in that capacity.
Marginal note:Prohibition — agent
(2) No person who is ineligible to be a chief agent or registered agent of a registered party or an eligible party shall act in that capacity.
Marginal note:Prohibition — auditor
(3) No person who is ineligible to be an auditor of a registered party or an eligible party shall act in that capacity.
Marginal note:Prohibition — fundamental purpose
404. (1) Subject to subsection (2), no person shall act or continue to act as an officer of a registered party or an eligible party if
(a) they know that the party does not have as one of its fundamental purposes participating in public affairs by endorsing one or more of its members as candidates and supporting their election; and
(b) the party has not made an application for deregistration under section 414.
Marginal note:Exception
(2) A person referred to in subsection (1) may sign an application for deregistration under section 414.
Changes in Information Concerning Parties
Marginal note:Changes in information
405. (1) Within 30 days after the day on which there is a change in the information in respect of a registered party or an eligible party in the registry of political parties, the party shall report the change to the Chief Electoral Officer in writing. The report shall be certified by the leader of the party.
Marginal note:New name, abbreviation or logo
(2) The report of a change in the information referred to in paragraphs 385(2)(a) to (c) shall include a copy of the resolution of the party to make the change. If the changed information complies with subparagraph 387(a)(i) or (ii), the change is deemed to be effective as of
(a) the day after polling day, in the case of a report made during an election period; or
(b) the day on which the report was made, in any other case.
Marginal note:New leader
(3) The report of a change of leader for a party shall include a copy of the resolution of the party to appoint the new leader, certified by the new leader and another officer of the party.
Marginal note:New officer, chief agent or auditor
(4) If the report involves the replacement of an officer, the chief agent or the auditor, it shall include a copy of the signed consent referred to in section 399.
Marginal note:Registration of change
(5) The Chief Electoral Officer shall enter any change in the information referred to in this section in the registry of political parties.
Marginal note:Entry in registry of electoral district associations
(6) The Chief Electoral Officer shall enter any change in the information referred to in subsection (2) in the registry of electoral district associations.
Marginal note:Confirmation of information at general election
406. (1) A registered party and an eligible party shall, not later than 10 days after the issue of the writs for a general election, provide the Chief Electoral Officer with
(a) a statement certified by its leader confirming the validity of the information concerning the party in the registry of political parties; or
(b) if there is a change in that information, the report of the change made under subsection 405(1).
Marginal note:Endorsement of candidates
(2) If the leader of a registered party or eligible party designates representatives to endorse candidates at a general election, the registered party or eligible party shall include with the statement or report referred to in subsection (1) a statement certified by its leader that sets out the names of the designated representatives.
Marginal note:Confirmation of registration yearly
407. (1) On or before June 30 of every year, a registered party and an eligible party shall provide the Chief Electoral Officer with
(a) a statement certified by its leader confirming the validity of the information concerning the party in the registry of political parties; and
(b) if there is a change in that information, the report of the change made under subsection 405(1).
Marginal note:Confirmation of members
(2) On or before June 30 of every third year, beginning in 2016, a registered party and an eligible party shall provide the Chief Electoral Officer with the names and addresses of 250 electors and their declarations in the prescribed form that they are members of the party.
Marginal note:Declaration of leader
(3) On or before June 30 of every year, a registered party and an eligible party shall provide the Chief Electoral Officer with a declaration in the prescribed form by the leader that, having considered all of the factors relevant to determining the party’s purposes — including those described in subsection 521.1(5) — one of the party’s fundamental purposes is as described in paragraph 385(2)(j).
Marginal note:Prohibition — false or misleading information (leader)
408. (1) No leader of a political party shall provide the Chief Electoral Officer with information under section 385 that the leader knows is false or misleading.
Marginal note:Prohibition — false or misleading information (party)
(2) No registered party and no eligible party shall provide the Chief Electoral Officer with information under any of sections 405 to 407 that it knows is false or misleading.
Marginal note:Prohibition — certification by leader
(3) No leader of a registered party or of an eligible party shall certify, under any of sections 405 to 407, a report or statement that they know contains false or misleading information.
Marginal note:Prohibition — leader’s declaration
(4) No leader of a political party shall make a declaration referred to in section 385, 405 or 407 that they know is false or misleading.
Marginal note:Prohibition — member’s declaration
(5) No member of a political party shall make a declaration referred to in section 385 or 407 that they know is false or misleading.
Deregistration of Registered Parties
Marginal note:Deregistration — no candidates
409. The Chief Electoral Officer shall, effective on the expiry in a general election of the period for the confirmation of nominations under subsection 71(1), deregister a registered party that, at that time, has not endorsed a candidate in that general election.
Marginal note:Deregistration — officers or members
410. (1) If the Chief Electoral Officer is not satisfied that a registered party is in compliance with subsection 395(1) or section 402, he or she shall, in writing, notify the party that it is required to
(a) show its compliance with subsection 395(1) within 60 days after the day on which the party receives the notice; or
(b) show its compliance with section 402 within 90 days after the day on which the party receives the notice.
Marginal note:Extension
(2) If the Chief Electoral Officer is satisfied that the party has made reasonable efforts to comply with subsection 395(1) or section 402 within the time set out in the notice, he or she may, in writing, notify the party that it has another period of up to 60 or 90 days, as the case may be, in which to comply.
Marginal note:Deregistration
(3) The Chief Electoral Officer shall deregister a registered party if it fails to comply with a notice under subsection (1) or (2), as the case may be.
Marginal note:Notice of deregistration
411. The Chief Electoral Officer shall give notice of a deregistration under section 409 or 410 to the registered party and its chief agent and of the resulting deregistration under section 417 to the registered associations and their financial agents.
Marginal note:Deregistration — failure to provide documents
412. The Chief Electoral Officer may deregister a registered party if the party fails to provide
(a) any of the documents referred to in section 392;
(b) a report under subsection 396(2) concerning the appointment of a registered agent;
(c) any of the documents referred to in subsection 400(2) or 405(1) or (4) with respect to a replacement of its auditor or chief agent;
(d) either of the documents referred to in subsections 405(1) and (3) with respect to a change of its leader;
(e) a report in accordance with subsection 405(2) of a change in the registered information on its name, short-form name, abbreviation or logo mentioned in paragraphs 385(2)(a) to (c);
(f) a report under subsection 405(1) concerning a change in any other registered information;
(g) confirmation under subsection 406(1) or section 407 of the validity of the registered information;
(h) a report that is required to be filed under subsection 476.1(1) by the registered party; or
(i) a statement that is required under subsection 478.1(1) or (2).
Marginal note:Deregistration — failure to file return and auditor’s report
413. The Chief Electoral Officer may deregister a registered party if its chief agent fails
(a) to provide him or her with a document for a fiscal year in accordance with subsection 432(1); or
(b) to provide him or her with a document for a general election in accordance with subsection 437(1).
Marginal note:Voluntary deregistration
414. On application, other than during the election period of a general election, by a registered party to become deregistered, signed by the leader and any two officers of the party, the Chief Electoral Officer may deregister the party.
Marginal note:Procedure for non-voluntary deregistration
415. (1) If the Chief Electoral Officer believes on reasonable grounds that a registered party, its leader, its chief agent or one of its other officers has omitted to perform any obligation referred to in section 412 or 413, the Chief Electoral Officer shall, in writing, notify the party and any of its officers who are named in the registry of political parties that the party or officer must
(a) rectify the omission by the discharge of that obligation,
(i) within 5 days after receipt of the notice, in the case of a failure to comply with subsection 406(1), or
(ii) within 30 days after receipt of the notice, in any other case; or
(b) satisfy the Chief Electoral Officer that the omission was not the result of negligence or a lack of good faith.
Marginal note:Extension or exemption
(2) If paragraph (1)(b) applies, the Chief Electoral Officer may amend the notice by
(a) exempting, in whole or in part, the recipients of the notice from complying with the obligations referred to in section 412 or 413; or
(b) specifying a period for compliance with the obligations referred to in subparagraph (1)(a)(i) or (ii), as the case may be.
Marginal note:Deregistration
(3) The Chief Electoral Officer may deregister a registered party if its leader, its chief agent or one of its officers fails to comply with a notice referred to in subsection (1) or with a notice amended under subsection (2).
Marginal note:Notice of deregistration
416. (1) If the Chief Electoral Officer proposes to deregister a registered party under section 414 or subsection 415(3), he or she shall, in writing, so notify the party and its registered associations.
Marginal note:Date of deregistration
(2) The notice shall specify the effective date of the deregistration, which shall be at least 15 days after the day on which the notice is sent.
Marginal note:Proof of service
(3) The notice shall be sent by registered mail or by a method of courier service that provides proof of mailing, a record while in transit and a record of delivery.
Marginal note:Effect of deregistration of registered party
417. If a registered party is deregistered, its registered associations are also deregistered.
Marginal note:Notice of deregistration
418. (1) The Chief Electoral Officer shall without delay cause a notice of the deregistration of a registered party and of its registered associations to be published in the Canada Gazette.
Marginal note:Entry of deregistration in registry of political parties
(2) The Chief Electoral Officer shall indicate the deregistration of the party in the registry of political parties.
Marginal note:Continuation of registered status for limited purpose
419. A registered party that is deregistered continues to have the obligations of a registered party for the purpose of section 420.
Marginal note:Fiscal period and returns
420. The chief agent of a deregistered political party shall, within six months after the day of its deregistration, provide the Chief Electoral Officer with
(a) the documents referred to in subsection 432(1) for
(i) the portion of its current fiscal period ending on the day of its deregistration, and
(ii) any earlier fiscal period for which those documents have not already been provided under that subsection; and
(b) the documents referred to in subsection 437(1), for any general election for which those documents have not already been provided under that subsection.
Merger of Registered Parties
Marginal note:Application for merger
421. (1) Two or more registered parties may, at any time other than during the period beginning 30 days before the issue of a writ for an election and ending on polling day, apply to the Chief Electoral Officer to become a merged registered party.
Marginal note:Contents
(2) An application to merge two or more registered parties shall
(a) be certified by the leaders of the merging parties;
(b) be accompanied by a resolution from each of the merging parties approving the proposed merger; and
(c) contain the information required from a political party to become a registered party, except for the information referred to in paragraph 385(2)(i).
Marginal note:Registration for eligible merged parties
422. (1) The Chief Electoral Officer shall amend the registry of political parties by replacing the names of the merging parties with the name of the merged party if
(a) the application for the merger was not made in the period referred to in subsection 421(1); and
(b) he or she is satisfied that
(i) the merged party is eligible for registration under this Act, and
(ii) the merging parties have discharged their obligations under this Act, including their obligations to report on their financial transactions and their election expenses and to maintain valid and up-to-date information concerning their registration.
Marginal note:Notice
(2) The Chief Electoral Officer shall notify the officers of the merging parties in writing whether the registry of political parties is to be amended under subsection (1).
Marginal note:Notice in Canada Gazette
(3) If the Chief Electoral Officer amends the registry of political parties, he or she shall cause to be published in the Canada Gazette a notice that the names of the merging parties have been replaced in the registry with the name of the merged party.
Marginal note:Effective date of merger
423. (1) A merger of registered parties takes effect on the day on which the Chief Electoral Officer amends the registry of political parties under subsection 422(1).
Marginal note:Consequences of merger
(2) On the merger of two or more registered parties,
(a) the merged party is the successor of each merging party;
(b) the merged party becomes a registered party;
(c) the assets of each merging party are transferred to the merged party;
(d) the merged party is responsible for the liabilities of each merging party;
(e) the merged party is responsible for the obligations of each merging party to report on its financial transactions and election expenses for any period before the merger took effect;
(f) the merged party replaces a merging party in any proceedings, whether civil, penal or administrative, by or against the merging party; and
(g) any decision of a judicial or quasi-judicial nature involving a merging party may be enforced by or against the merged party.
Marginal note:Effect of merger on registered associations
(3) On the merger of registered parties, any registered association of a merging party is deregistered and, despite paragraph 447(c), may transfer goods or funds to the merged party or a registered association of the merged party in the six months immediately after the merger. Any such transfer is not a contribution for the purposes of this Act.
Marginal note:Returns
424. Within six months after a merger
(a) each of the merging parties shall provide the Chief Electoral Officer with the documents referred to in subsection 432(1) for
(i) the portion of its current fiscal period that ends on the day before the day on which the merger takes effect, and
(ii) any earlier fiscal period for which those documents have not been provided; and
(b) the merged party shall provide the Chief Electoral Officer with
(i) a statement, prepared in accordance with generally accepted accounting principles, of its assets and liabilities, including any surplus or deficit, at the date of the merger,
(ii) a report on that statement made by the merged party’s auditor to its chief agent that contains the auditor’s opinion as to whether that statement presents fairly and in accordance with generally accepted accounting principles the information on which it was based, and
(iii) a declaration in the prescribed form by the chief agent of the merged party that the statement is complete and accurate.
Subdivision bFinancial Administration of Registered Parties
General
Marginal note:Duty of chief agent
425. The chief agent of a registered party is responsible for administering its financial transactions and for reporting on them in accordance with this Act.
Marginal note:Prohibition — paying expenses
426. (1) No person or entity, other than a registered agent of a registered party or a person authorized under subsection 381(1), shall pay the registered party’s expenses.
Marginal note:Prohibition — incurring expenses
(2) No person or entity, other than a registered agent of a registered party, shall incur the registered party’s expenses.
Marginal note:Prohibition — accepting contributions, borrowing
(3) No person or entity, other than a registered agent of a registered party, shall accept contributions to the registered party or borrow money on its behalf.
Marginal note:Prohibition — accepting or providing goods, services or funds
(4) No person or entity, other than a registered agent of a registered party, shall, on behalf of the registered party,
(a) accept a provision of goods or services, or a transfer of funds, if the provision or transfer is permitted under section 364; or
(b) provide goods or services, or transfer funds, if the provision or transfer is permitted under that section.
Recovery of Claims for Debts
Marginal note:Claim for payment
427. A person who has a claim to be paid for a debt of a registered party shall send the invoice or other document evidencing the claim to the registered party or one of its registered agents.
Marginal note:Payment within three years
428. If a claim for an expense is evidenced by an invoice or other document that has been sent under section 427, the claim shall be paid within three years after the day on which payment of it is due.
Marginal note:Proceedings to recover payment
429. A person who has sent an invoice or other document evidencing a claim under section 427 may commence proceedings in a court of competent jurisdiction to recover any unpaid amount
(a) at any time, if the registered agent refuses to pay that amount or disputes that it is payable; or
(b) after the end of the period referred to in section 428, in any other case.
Maximum Election Expenses
Marginal note:Maximum election expenses
430. (1) The maximum amount that is allowed for election expenses of a registered party for an election is the product of
(a) $0.735 multiplied by the number of names on the preliminary lists of electors for electoral districts in which the registered party has endorsed a candidate or by the number of names on the revised lists of electors for those electoral districts, whichever is greater, and
(b) the inflation adjustment factor published by the Chief Electoral Officer under section 384 that is in effect on the date of the issue of the writ or writs for the election.
Marginal note:Election period longer than 37 days
(2) If an election period is longer than 37 days, then the maximum amount calculated under subsection (1) is increased by adding to it the product of
(a) one thirty-seventh of the maximum amount calculated under subsection (1), and
(b) the number of days in the election period minus 37.
Marginal note:Amounts not included in election expenses
(3) For the purpose of subsections (1) and (2), an election expense of a registered party does not include
(a) a transfer made by or on behalf of it to candidates in the election; or
(b) an expense incurred by it through a registered agent, or person authorized under subsection 381(1), who was not acting within the scope of the registered agent’s authority.
Marginal note:Prohibition — election expenses more than maximum
431. (1) No chief agent of a registered party shall incur election expenses on the party’s behalf of a total amount of more than the maximum amount calculated under section 430.
Marginal note:Prohibition — collusion
(2) No registered party and no third party, as defined in section 349, shall act in collusion with each other for the purpose of circumventing the maximum amount referred to in subsection (1).
Financial Reporting
Marginal note:Financial transactions return
432. (1) For each fiscal period of a registered party, its chief agent shall provide the Chief Electoral Officer with
(a) a financial transactions return, in the prescribed form, on the registered party’s financial transactions;
(b) the auditor’s report on the return made under subsection 435(1); and
(c) a declaration in the prescribed form by the chief agent that the return is complete and accurate.
Marginal note:Contents of return
(2) A financial transactions return shall set out
(a) the total amount of contributions received by the registered party;
(b) the number of contributors;
(c) the name and address of each contributor who made contributions of a total amount of more than $200 to the registered party, that total amount, as well as the amount of each of those contributions and the date on which the party received it;
(d) the name and address of each contributor who has made a contribution to the registered party that includes a directed contribution as defined in subsection 365(2), the amount of the contribution, the amount of the directed contribution and the date on which the party received it;
(e) a statement of the registered party’s assets and liabilities and any surplus or deficit in accordance with generally accepted accounting principles, including a statement of
(i) claims that are the subject of proceedings under section 429, and
(ii) unpaid claims, including those resulting from loans made to the registered party under section 373;
(f) a statement of the registered party’s revenues and expenses in accordance with generally accepted accounting principles;
(g) a statement, for each electoral district, of the commercial value of goods or services provided and of funds transferred by the registered party to a candidate or the electoral district association;
(h) a statement of each amount transferred to a leadership contestant out of a directed contribution as defined in subsection 365(2), the information referred to in paragraph (d) with respect to the contributor and the name of the leadership contestant to whom the amount has been transferred;
(i) a statement of the commercial value of goods or services provided and of funds transferred to the registered party from any of its registered associations, a nomination contestant, a candidate or a leadership contestant;
(j) a return for election expenses incurred for each by-election during the fiscal period that sets out
(i) a statement of expenses incurred by the registered party, whether paid or unpaid, including a statement of expenses incurred for voter contact calling services as defined in section 348.01, provided by a calling service provider as defined in that section, that indicates the name of that provider and the amount of those expenses, and
(ii) a statement of non-monetary contributions used by it;
(k) a statement of the terms and conditions of each loan made to the registered party under section 373, including the amount of the loan, the interest rate, the lender’s name and address, the dates and amounts of repayments of principal and payments of interest and, if there is a guarantor, the guarantor’s name and address and the amount guaranteed; and
(l) a statement of contributions received by the registered party but returned in whole or in part to the contributors or otherwise dealt with in accordance with this Act.
Marginal note:Report
(3) If there is any amendment to the information in a statement referred to in paragraph (2)(k), including with respect to the giving of a guarantee or suretyship, then the registered party’s chief agent shall without delay provide the Chief Electoral Officer with a report on the amendment in the prescribed form.
Marginal note:Publication
(4) The Chief Electoral Officer shall, in the manner that he or she considers appropriate, publish the information in a statement referred to in paragraph (2)(k) and any report provided under subsection (3) as soon as feasible after receiving the information or report.
Marginal note:Period for providing documents
(5) The documents referred to in subsection (1) shall be provided to the Chief Electoral Officer within six months after the end of the fiscal period.
Marginal note:Statement of unpaid claims
(6) The statement of unpaid claims referred to in subparagraph (2)(e)(ii) shall include information indicating
(a) each unpaid claim in the statement for the previous fiscal period that has been paid in full since that statement was provided; and
(b) each claim that remains unpaid 18 months after the day on which it was due and each claim that remains unpaid 36 months after the day on which it was due.
Marginal note:Unpaid claims — 18 months or more
(7) The statement shall include the following information concerning claims referred to in paragraph (6)(b):
(a) whether any part of the unpaid amount is disputed and, if so, what steps the parties have taken to resolve the dispute;
(b) whether the claim is the subject of proceedings under section 429;
(c) whether the unpaid amount of a loan is the subject of proceedings to secure its payment, or of a dispute as to the amount that was to be paid or the amount that remains unpaid;
(d) whether the parties have agreed on a repayment schedule and, if so, whether repayments are being made according to the schedule;
(e) whether the unpaid amount has been written off by the creditor as an uncollectable debt in accordance with the creditor’s normal accounting practices; and
(f) any other relevant information that could help explain why the amount is unpaid.
Marginal note:Quarterly returns
433. (1) If a registered party’s candidates for the most recent general election received at that election at least 2% of the number of valid votes cast, or at least 5% of the number of valid votes cast in the electoral districts in which the registered party endorsed a candidate, the registered party’s chief agent shall provide the Chief Electoral Officer with a return, for each quarter of the fiscal period of the registered party, that includes the information required under paragraphs 432(2)(a) to (d), (i) and (l).
Marginal note:Period for providing return
(2) A quarterly return shall be provided within 30 days after the end of the period to which it relates.
Marginal note:When contributions forwarded to Receiver General
434. If the name of the contributor of a contribution of more than $20 to a registered party, or the name or address of a contributor who has made contributions of a total amount of more than $200 to a registered party, is not known, one of the registered party’s registered agents shall, without delay, pay an amount of money equal to the value of the contribution to the Chief Electoral Officer, who shall forward it to the Receiver General.
Marginal note:Auditor’s report
435. (1) A registered party’s auditor shall report to the party’s chief agent on the party’s financial transactions 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 the return is based.
Marginal note:Statement
(2) The auditor shall include in the report any statement that the auditor considers necessary if
(a) the financial transactions return that is the subject of the report does not present fairly and in accordance with generally accepted accounting principles the information contained in the financial records on which it is based;
(b) the auditor has not received all of the information and explanations that the auditor required; or
(c) based on the examination, it appears that the registered party has not kept proper financial records.
Marginal note:Right of access
(3) The auditor shall have access at any reasonable time to all of the party’s documents, and may require the party’s registered agents and officers to provide any information or explanation that, in the auditor’s opinion, may be necessary to enable the auditor to prepare the report.
Marginal note:Prohibition — false, misleading or incomplete document
436. No chief agent of a registered party shall provide the Chief Electoral Officer with a document referred to in paragraph 432(1)(a) that
(a) the chief agent 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 under subsection 432(2) or, in the case of a statement of unpaid claims referred to in subparagraph 432(2)(e)(ii), does not substantially set out information required under subsection 432(6) or (7).
Election Expenses Reporting
Marginal note:Election expenses return
437. (1) For a general election, the chief agent of a registered party shall provide the Chief Electoral Officer with
(a) an election expenses return in the prescribed form;
(b) the auditor’s report referred to in subsection 438(1) on that return; and
(c) a declaration in the prescribed form by the chief agent that the return is complete and accurate.
Marginal note:Contents of return
(2) An election expenses return shall set out as an election expense each of
(a) the expenses incurred by the registered party, whether paid or unpaid, including a statement of expenses incurred for voter contact calling services as defined in section 348.01, provided by a calling service provider as defined in that section, that indicates the name of that provider and the amount of those expenses; and
(b) the non-monetary contributions used by the registered party as an election expense.
Marginal note:Period for providing documents
(3) The registered party’s chief agent shall provide the Chief Electoral Officer with the documents referred to in subsection (1) within eight months after the polling day for the general election.
Marginal note:Auditor’s report
438. (1) As soon as feasible after a general election, a registered party’s auditor shall report to its chief agent on its return on general election expenses 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 the return is based and the registered party and the chief agent have complied with the requirements of Division 1 of this Part and this Division.
Marginal note:Statement
(2) The auditor shall include in the report under subsection (1) any statement that the auditor considers necessary if
(a) the return that is the subject of the report does not present fairly the information contained in the financial records on which the return is based;
(b) the auditor has not received all of the information and explanations that the auditor required;
(c) based on the examination, it appears that the registered party has not kept proper financial records; or
(d) based on the examination, it appears that the registered party and the chief agent have not complied with the requirements of Division 1 of this Part and this Division.
Marginal note:Right of access
(3) The auditor for a registered party shall have access at any reasonable time to all of the party’s documents, and may require the party’s registered agents and officers to provide any information or explanation that, in the auditor’s opinion, may be necessary to enable the auditor to prepare the report.
Marginal note:Prohibition — false, misleading or incomplete document
439. No chief agent of a registered party shall provide the Chief Electoral Officer with a document referred to in paragraph 437(1)(a) that
(a) the chief agent 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 under subsection 437(2).
Corrections, Revisions and Extended Reporting Periods
Marginal note:Minor corrections — Chief Electoral Officer
440. (1) The Chief Electoral Officer may correct a document referred to in subsection 432(1) or 437(1) if the correction does not materially affect its substance.
Marginal note:Corrections or revisions at request of Chief Electoral Officer
(2) The Chief Electoral Officer may in writing request a registered party’s chief agent to correct or revise, within a specified period, a document referred to in subsection 432(1) or 437(1).
Marginal note:Deadline for correction or revision
(3) If the Chief Electoral Officer requests a correction or revision, the registered party’s chief agent shall provide him or her with the corrected or revised version of the document within the specified period.
Marginal note:Extensions — Chief Electoral Officer
441. (1) The Chief Electoral Officer, on the written application of a registered party’s chief agent or, if the chief agent is absent or unable to perform their duties, its leader, shall authorize the extension of a period referred to in subsection 432(5) or 437(3) unless he or she is satisfied that the chief agent’s failure to provide the required documents was deliberate or was the result of the chief agent’s failure to exercise due diligence.
Marginal note:Deadline
(2) The application may be made within the period referred to in subsection 432(5) or 437(3) or within two weeks after the end of that period.
Marginal note:Corrections or revisions — Chief Electoral Officer
442. (1) The Chief Electoral Officer, on the written application of a registered party’s chief agent or, if the chief agent is absent or unable to perform their duties, its leader, shall authorize the correction or revision of a document referred to in subsection 432(1) or 437(1) if he or she 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:Application made without delay
(2) The application shall be made immediately after the applicant becomes aware of the need for correction or revision.
Marginal note:Deadline for corrections or revisions
(3) The applicant shall provide the Chief Electoral Officer with the corrected or revised version of the document within 30 days after the day on which the correction or revision is authorized or within any extension of that period authorized under subsection (4) or (5).
Marginal note:New deadline
(4) The Chief Electoral Officer, on the written application of the applicant made within two weeks after the end of the 30-day period referred to in subsection (3), shall authorize the extension of that period, unless he or she is satisfied that the applicant’s failure to provide the corrected or revised version of the document was deliberate or was the result of the applicant’s failure to exercise due diligence.
Marginal note:Extension of new deadline
(5) The Chief Electoral Officer, on the written application of the applicant made within two weeks after the end of an extension authorized under subsection (4) or under this subsection, shall authorize the further extension of that period, unless he or she is satisfied that the applicant’s failure to provide the corrected or revised version of the document was deliberate or was the result of the applicant’s failure to exercise due diligence.
Marginal note:Extensions, corrections or revisions — judge
443. (1) The chief agent of a registered party or, if the chief agent is absent or unable to perform their duties, its leader, may apply to a judge for an order
(a) relieving the chief agent from the obligation to comply with a request referred to in subsection 440(2);
(b) authorizing an extension referred to in subsection 441(1); or
(c) authorizing a correction or revision referred to in subsection 442(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 440(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 441(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 441, or
(iii) the end of the extended period referred to in subsection 441(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 442.
Marginal note:Grounds — relief from compliance
(3) The judge shall grant an order relieving the chief agent from the obligation to comply with a request referred to in subsection 440(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 chief agent’s failure to provide the required documents was deliberate or was the result of the chief 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) The order may require that the applicant satisfy any condition that the judge considers necessary for carrying out the purposes of this Act.
Reimbursement of Election Expenses
Marginal note:Certificate
444. (1) On receipt from a registered party of the documents referred to in subsection 437(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
(a) the Chief Electoral Officer is satisfied — even despite any statement that the registered party’s auditor has included under paragraph 438(2)(d) in a report under subsection 438(1) — that the registered party and its chief agent have complied with the requirements of sections 437 to 443;
(b) the auditor’s report does not include a statement referred to in any of paragraphs 438(2)(a) to (c); and
(c) candidates endorsed by the registered party received at least
(i) 2% of the number of valid votes cast at the election, or
(ii) 5% of the number of valid votes cast in the electoral districts in which the registered party endorsed a candidate.
Marginal note:Reduction of reimbursement
(2) If the election expenses, as set out in the election expenses return, exceed the maximum amount that is allowed under section 430, the amount that is provided for in subsection (1) is reduced as follows, without at any time being less than zero:
(a) by one dollar for every dollar that exceeds the maximum amount by less than 5%;
(b) by two dollars for every dollar that exceeds the maximum amount by 5% or more but by less than 10%;
(c) by three dollars for every dollar that exceeds the maximum amount by 10% or more but by less than 12.5%; and
(d) by four dollars for every dollar that exceeds the maximum amount by 12.5% or more.
Marginal note:Reimbursement
(3) On receipt of the certificate, the Receiver General shall reimburse the amount set out in it to the registered party by paying that amount out of the Consolidated Revenue Fund.
Quarterly Allowances
Marginal note:Quarterly allowance
445. (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 the number of valid votes cast in the election referred to in subsection (1) multiplied by the applicable following number:
(a) $0.255, for the quarter that begins on April 1, 2013 and the three following quarters; and
(b) $0.1275, for the quarter that begins on April 1, 2014 and the three following quarters.
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 referred to 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
446. (1) As soon as feasible 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 of the documents that it is required to provide under sections 432, 433 and 437, the Chief Electoral Officer shall postpone providing the certificate for any quarter until the party has provided those documents.
Marginal note:Payment
(3) On receipt of the certificate, the Receiver General shall pay the amount set out in it to the registered party out of the Consolidated Revenue Fund. The payment may also be made in whole or in part to any provincial division of the party, as authorized in writing by the party’s leader.
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 party’s leader 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 where 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 party’s leader 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 385(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 3Electoral District Associations
Subdivision aRegistration of Electoral District Associations
Registration
Marginal note:Prohibition — accepting contributions, etc., while not registered
447. No electoral district association of a registered party shall, unless it is registered,
(a) accept contributions;
(b) provide goods or services or transfer funds to a candidate endorsed by a registered party;
(c) provide goods or services or transfer funds to a registered party or a registered association; or
(d) accept surplus nomination campaign funds of a nomination contestant, surplus electoral funds of a candidate or surplus leadership campaign funds of a leadership contestant.
Marginal note:Contents of application
448. (1) An electoral district association of a registered party may submit to the Chief Electoral Officer an application for registration that includes
(a) the full name of the association and of the electoral district;
(b) the full name of the registered party;
(c) the address of the association’s office where records are maintained and to which communications may be addressed;
(d) the names and addresses of the chief executive officer and other officers of the association;
(e) the name and address of the appointed auditor of the association; and
(f) the name and address of the financial agent of the association.
Marginal note:Accompanying documents
(2) The application shall be accompanied by
(a) the signed consent of the financial agent to act in that capacity;
(b) the signed consent of the auditor to act in that capacity; and
(c) a declaration signed by the leader of the party certifying that the electoral district association is an electoral district association of the party.
Marginal note:Examination of application
(3) The Chief Electoral Officer shall register an electoral district association that meets the requirements of subsections (1) and (2). In the case of a refusal to register, the Chief Electoral Officer shall indicate to the association which of the requirements have not been met.
Marginal note:Date of registration
(4) An electoral district association is registered as of the date on which the Chief Electoral Officer registers it in the registry of electoral district associations.
Marginal note:Only one registered association per district
449. A registered party may have at most one registered association in an electoral district.
Marginal note:Prohibition — election advertising in election period
450. (1) No electoral district association of a registered party shall, during an election period, incur expenses for — or transmit or cause to be transmitted — election advertising as defined in section 319.
Marginal note:Uncancellable spending
(2) If a general election is held on a date other than one set out in subsection 56.1(2) or section 56.2, or if a by-election is held, an electoral district association does not incur expenses for election advertising as defined in section 319, or transmit it or cause it to be transmitted, if, on the issue of the writ or writs, the association is not able to cancel the transmission of that advertising.
Marginal note:Statement of assets and liabilities
451. Within six months after the day on which it becomes a registered association, the association shall provide the Chief Electoral Officer with
(a) a statement, prepared in accordance with generally accepted accounting principles, of its assets and liabilities, including any surplus or deficit, as of the day before the effective date of the registration; and
(b) a declaration in the prescribed form by its financial agent that the statement is complete and accurate.
Marginal note:Prohibition — declaration concerning statement
452. No financial agent of a registered association shall make a declaration referred to in paragraph 451(b) if the agent knows or ought reasonably to know that the statement referred to in paragraph 451(a) is not complete and accurate.
Marginal note:Annual fiscal period
453. The fiscal period of a registered association is the calendar year.
Marginal note:Adjustment of fiscal period
454. Without delay after becoming registered, a registered association shall, if necessary, adjust its fiscal period so that it ends at the end of the calendar year. The adjusted fiscal period shall not be less than six months or more than 18 months.
Marginal note:Registry of electoral district associations
455. The Chief Electoral Officer shall maintain a registry of electoral district associations that contains the information referred to in subsections 448(1), 456(2) and 471(2).
Electoral District Agents and Auditors
Marginal note:Appointments
456. (1) A registered association may appoint, as electoral district agents, persons who are authorized by the association to accept contributions and to incur and pay expenses on behalf of the association. The appointment is subject to any terms and conditions that it specifies.
Marginal note:Report of appointment
(2) Within 30 days after the day on which an electoral district agent is appointed, the registered association shall provide the Chief Electoral Officer with a written report, certified by its financial agent, that includes the electoral district agent’s name and address and any terms and conditions to which the appointment is subject. The Chief Electoral Officer shall register that information in the registry of electoral district associations.
Marginal note:Agents — corporations
457. (1) A corporation incorporated under the laws of Canada or a province is eligible to be the financial agent or an electoral district agent of a registered association.
Marginal note:Agents — ineligible persons
(2) The following persons are ineligible to be a financial agent or an electoral district agent:
(a) an election officer or a member of the staff of a returning officer;
(b) a candidate;
(c) an auditor appointed as required by this Act;
(d) subject to subsection (1), a person who is not an elector;
(e) an undischarged bankrupt; and
(f) a person who does not have full capacity to enter into contracts in the province in which the person ordinarily resides.
Marginal note:If member of partnership appointed as agent
(3) A person may be appointed as agent for a registered association even if the person is a member of a partnership that has been appointed as an auditor, in accordance with this Act, for the registered party.
Marginal note:Auditor — eligibility
458. (1) Only the following are eligible to be an auditor for a registered association:
(a) a person who is a member in good standing of a corporation, association or institute of professional accountants; or
(b) a partnership of which every partner is a member in good standing of a corporation, association or institute of professional accountants.
Marginal note:Auditor — ineligibility
(2) The following persons are ineligible to be an auditor:
(a) an election officer or a member of the staff of a returning officer;
(b) a candidate or their official agent;
(c) a chief agent of a registered party or an eligible party;
(d) a registered agent of a registered party;
(e) an electoral district agent of a registered association;
(f) a nomination contestant or their financial agent;
(g) a leadership contestant or their leadership campaign agent; and
(h) a financial agent of a registered third party.
Marginal note:Consent
459. A registered association shall obtain from its financial agent and auditor, on appointment, their signed consent to act in that capacity.
Marginal note:Replacement of financial agent or auditor
460. In the event of the death, incapacity, resignation or ineligibility of its financial agent or auditor, or the revocation of the appointment of one, a registered association shall without delay appoint a replacement.
Marginal note:Only one financial agent and auditor
461. A registered association shall have no more than one financial agent and one auditor at a time.
Marginal note:Prohibition — agents
462. (1) No person who is ineligible to be a financial agent or an electoral district agent of a registered association shall act in that capacity.
Marginal note:Prohibition — auditor
(2) No person who is ineligible to be an auditor of a registered association shall act in that capacity.
Changes in Information Concerning Registered Associations
Marginal note:Changes in information
463. (1) Within 30 days after the day on which there is a change in the information referred to in subsection 448(1) other than paragraph 448(1)(b), a registered association shall report the change to the Chief Electoral Officer in writing. The report shall be certified by the chief executive officer of the association.
Marginal note:New financial agent or auditor
(2) If the report involves the replacement of the registered association’s financial agent or auditor, it shall include a copy of the signed consent referred to in section 459.
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 electoral district associations.
Marginal note:Confirmation of registration yearly
464. On or before May 31 of every year, unless an election campaign is in progress in that electoral district on that date, in which case the date is July 31, a registered association shall provide the Chief Electoral Officer with
(a) a statement certified by its chief executive officer confirming the validity of the information concerning the association in the registry of electoral district associations; and
(b) if there is a change in that information, the report of the change made under subsection 463(1).
Deregistration of Registered Associations
Marginal note:Deregistration — failure to provide documents
465. The Chief Electoral Officer may deregister a registered association if the association fails to provide
(a) any of the documents referred to in section 451;
(b) a report under subsection 456(2) concerning the appointment of an electoral district agent;
(c) any of the documents referred to in subsection 463(1) or (2) with respect to a replacement of its financial agent or auditor;
(d) a report under subsection 463(1) concerning a change in any other registered information;
(e) confirmation under section 464 of the validity of the registered information; or
(f) a report that is required to be filed under subsection 476.1(1) by the registered association.
Marginal note:Deregistration — failure to file return
466. The Chief Electoral Officer may deregister a registered association if its financial agent fails to provide him or her with a document for a fiscal period in accordance with subsection 475.4(1).
Marginal note:Voluntary deregistration
467. (1) On application by a registered association to become deregistered, signed by its chief executive officer and its financial agent, the Chief Electoral Officer may deregister the association.
Marginal note:Deregistration at request of party
(2) On application by a registered party, signed by its leader and two of its officers, to deregister one of its registered associations, the Chief Electoral Officer shall deregister the association.
Marginal note:Exception
(3) Subsections (1) and (2) do not apply during an election period in the electoral district of the registered association.
Marginal note:Procedure for non-voluntary deregistration
468. (1) If the Chief Electoral Officer believes on reasonable grounds that a registered association or its financial agent has omitted to perform any obligation referred to in section 465 or 466, the Chief Electoral Officer shall, in writing, notify the association’s chief executive officer and its financial agent that the association or financial agent must
(a) rectify the omission by the discharge of that obligation within 30 days after receipt of the notice; or
(b) satisfy the Chief Electoral Officer that the omission was not the result of negligence or a lack of good faith.
Marginal note:Extension or exemption
(2) If paragraph (1)(b) applies, the Chief Electoral Officer may amend the notice by
(a) exempting, in whole or in part, the recipients of the notice from complying with the obligations referred to in section 465 or 466; or
(b) specifying a period for compliance with the obligations referred to in paragraph (1)(a).
Marginal note:Copy of notice
(3) A copy of any notice or amendment under subsection (1) or (2) shall be sent to the leader and the chief agent of the registered party with which the registered association is affiliated.
Marginal note:Deregistration
(4) The Chief Electoral Officer may deregister a registered association if the association or its financial agent fails to comply with a notice referred to in subsection (1) or with a notice amended under subsection (2).
Marginal note:Electoral Boundaries Readjustment Act
469. (1) If the boundaries of an electoral district are revised as a result of a representation order made under section 25 of the Electoral Boundaries Readjustment Act, a registered association for the electoral district may, before the day on which the representation order comes into force under subsection 25(1) of that Act, file with the Chief Electoral Officer a notice that it will be continued as the registered association for a particular electoral district described in the representation order. The notice shall be accompanied by a consent signed by the leader of the registered party with which it is affiliated.
Marginal note:Effect of continuation
(2) If a notice has been filed under subsection (1), on the day on which the representation order comes into force, the registered association is continued as the registered association for the electoral district specified in the notice and assumes all the rights and obligations of the association for the former electoral district.
Marginal note:Deregistration
(3) Any registered association in an electoral district whose boundaries are revised as a result of a representation order made under section 25 of the Electoral Boundaries Readjustment Act that does not give a notice under subsection (1) is deregistered on the day on which the representation order comes into force under subsection 25(1) of that Act and, despite paragraph 447(c), may provide goods or transfer funds to the registered party with which it is affiliated or to any of its registered associations in the six months after that day. Any such transfer is not a contribution for the purposes of this Act.
Marginal note:Pre-registration
(4) As soon as a proclamation is issued under section 25 of the Electoral Boundaries Readjustment Act relating to a representation order, an application may be made under section 448 for the registration of an electoral district association for an electoral district that is created by — or whose boundaries are revised as a result of — the order. Any resulting registration does not take effect before the order comes into force.
Marginal note:Applicant deemed to be electoral district association
(5) The applicant in an application referred to in subsection (4) is deemed to be an electoral district association as of the date on which the application is received by the Chief Electoral Officer.
Marginal note:Notice of deregistration
470. (1) If the Chief Electoral Officer proposes to deregister a registered association under section 467 or subsection 468(4), he or she shall, in writing, so notify the association and the registered party with which it is affiliated.
Marginal note:Date of deregistration
(2) The notice shall specify the effective date of the deregistration, which shall be at least 15 days after the day on which the notice is sent.
Marginal note:Proof of service
(3) The notice shall be sent by registered mail or by a method of courier service that provides proof of mailing, a record while in transit and a record of delivery.
Marginal note:Publication
471. (1) If a registered association is deregistered for any reason other than the deregistration of the registered party with which it is affiliated, the Chief Electoral Officer shall without delay cause a notice of deregistration to be published in the Canada Gazette.
Marginal note:Entry of deregistration in registry of electoral district associations
(2) The Chief Electoral Officer shall indicate any deregistration of a registered association in the registry of electoral district associations.
Marginal note:Effect of deregistration
472. An electoral district association that is deregistered continues to have the obligations of a registered association for the purpose of section 473.
Marginal note:Fiscal period and returns
473. The financial agent of a deregistered electoral district association shall, within six months after the day of its deregistration, provide the Chief Electoral Officer with the documents referred to in subsection 475.4(1) for
(a) the portion of its current fiscal period ending on the day of its deregistration; and
(b) any earlier fiscal period for which those documents have not already been provided under that subsection.
Subdivision bFinancial Administration of Registered Associations
General
Marginal note:Duty of financial agent
474. The financial agent of a registered association is responsible for administering its financial transactions and for reporting on them in accordance with this Act.
Marginal note:Prohibition — paying expenses
475. (1) No person or entity, other than an electoral district agent of a registered association, shall pay the registered association’s expenses.
Marginal note:Prohibition — incurring expenses
(2) No person or entity, other than an electoral district agent of a registered association, shall incur the registered association’s expenses.
Marginal note:Prohibition — accepting contributions, borrowing
(3) No person or entity, other than an electoral district agent of a registered association, shall accept contributions to the registered association or borrow money on its behalf.
Marginal note:Prohibition — accepting or providing goods, services or funds
(4) No person or entity, other than the financial agent of a registered association, shall, on behalf of the registered association,
(a) accept a provision of goods or services, or a transfer of funds, if the provision or transfer is permitted under section 364; or
(b) provide goods or services, or transfer funds, if the provision or transfer is permitted under that section.
Recovery of Claims for Debts
Marginal note:Claim for payment
475.1 A person who has a claim to be paid for a debt of a registered association shall send the invoice or other document evidencing the claim to the registered association or one of its electoral district agents.
Marginal note:Payment within three years
475.2 If a claim for an expense is evidenced by an invoice or other document that has been sent under section 475.1, the claim shall be paid within three years after the day on which payment of it is due.
Marginal note:Proceedings to recover payment
475.3 A person who has sent an invoice or other document evidencing a claim under section 475.1 may commence proceedings in a court of competent jurisdiction to recover any unpaid amount
(a) at any time, if the electoral district agent refuses to pay that amount or disputes that it is payable; or
(b) after the end of the period referred to in section 475.2, in any other case.
Financial Reporting
Marginal note:Financial transactions return
475.4 (1) For each fiscal period of a registered association, its financial agent shall provide the Chief Electoral Officer with
(a) a financial transactions return, in the prescribed form, on the association’s financial transactions;
(b) the auditor’s report on the return, if one is required under subsection 475.6(1); and
(c) a declaration in the prescribed form by the financial agent that the return is complete and accurate.
Marginal note:Contents of return
(2) A financial transactions return shall set out
(a) the total amount of contributions received by the registered association;
(b) the number of contributors;
(c) the name and address of each contributor 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 of those contributions and the date on which the association received it;
(d) 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) claims that are the subject of proceedings under section 475.3, and
(ii) unpaid claims, including those resulting from loans made to the registered association under section 373;
(e) a statement of the registered association’s revenues and expenses in accordance with generally accepted accounting principles, including a statement of expenses incurred for voter contact calling services as defined in section 348.01, provided by a calling service provider as defined in that section, that indicates the name of that provider and the amount of those expenses;
(f) 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;
(g) 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 nomination contestant, a candidate or a leadership contestant;
(h) a statement of the terms and conditions of each loan made to the registered association under section 373, including the amount of the loan, the interest rate, the lender’s name and address, the dates and amounts of repayments of principal and payments of interest and, if there is a guarantor, the guarantor’s name and address and the amount guaranteed; and
(i) 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:Report
(3) If there is any amendment to the information in a statement referred to in paragraph (2)(h), including with respect to the giving of a guarantee or suretyship, then the registered association’s financial agent shall without delay provide the Chief Electoral Officer with a report on the amendment in the prescribed form.
Marginal note:Publication
(4) The Chief Electoral Officer shall, in the manner that he or she considers appropriate, publish the information in a statement referred to in paragraph (2)(h) and any report provided under subsection (3) as soon as feasible after receiving the information or report.
Marginal note:Period for providing documents
(5) The documents referred to in subsection (1) shall be provided to the Chief Electoral Officer within five months after the end of the fiscal period.
Marginal note:Statement of unpaid claims
(6) The statement of unpaid claims referred to in subparagraph (2)(d)(ii) shall include information indicating
(a) each unpaid claim in the statement for the previous fiscal period that has been paid in full since that statement was provided; and
(b) each claim that remains unpaid 18 months after the day on which it was due and each claim that remains unpaid 36 months after the day on which it was due.
Marginal note:Unpaid claims — 18 months or more
(7) The statement shall include the following information concerning claims referred to in paragraph (6)(b):
(a) whether any part of the unpaid amount is disputed and, if so, what steps the parties have taken to resolve the dispute;
(b) whether the claim is the subject of proceedings under section 475.3;
(c) whether the unpaid amount of a loan is the subject of proceedings to secure its payment, or of a dispute as to the amount that was to be paid or the amount that remains unpaid;
(d) whether the parties have agreed on a repayment schedule and, if so, whether repayments are being made according to the schedule;
(e) whether the unpaid amount has been written off by the creditor as an uncollectable debt in accordance with the creditor’s normal accounting practices; and
(f) any other relevant information that could help explain why the amount is unpaid.
Marginal note:When contributions forwarded to Receiver General
475.5 If the name of the contributor of a contribution of more than $20 to a registered association, or the name or address of a contributor who has made contributions of a total amount of more than $200 to a registered association, is not known, the registered association’s financial agent shall, without delay, pay an amount of money equal to the value of the contribution to the Chief Electoral Officer, who shall forward it to the Receiver General.
Marginal note:Auditor’s report
475.6 (1) The auditor of a registered association that has, in a fiscal period, accepted contributions of $5,000 or more in total or incurred expenses of $5,000 or more in total shall report to the association’s financial agent on the association’s financial transactions 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 shall include in the report any statement that the auditor considers necessary if
(a) the financial transactions return that is the subject of the report does not present fairly and in accordance with generally accepted accounting principles the information contained in the financial records on which it is based;
(b) the auditor has not received all of the information and explanations that the auditor required; or
(c) based on the examination, it appears that the registered association has not kept proper financial records.
Marginal note:Right of access
(3) The auditor shall have access at any reasonable time to all of the association’s documents, and may require the association’s electoral district agents to provide any information or explanation that, in the auditor’s opinion, may be necessary to enable the auditor to prepare the report.
Marginal note:Prohibition — false, misleading or incomplete document
475.7 No financial agent of a registered association shall provide the Chief Electoral Officer with a document referred to in paragraph 475.4(1)(a) that
(a) the financial agent 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 under subsection 475.4(2) or, in the case of a statement of unpaid claims referred to in subparagraph 475.4(2)(d)(ii), does not substantially set out information required under subsection 475.4(6) or (7).
Payment of Audit Expenses
Marginal note:Certificate — audit expenses
475.8 (1) On receipt of the documents referred to in subsection 475.4(1) and a copy of the auditor’s invoice, the Chief Electoral Officer shall provide the Receiver General with a certificate that sets out the amount, up to a maximum of $1,500, of the expenses incurred for the audit made under subsection 475.6(1).
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.
Corrections, Revisions and Extended Reporting Periods
Marginal note:Minor corrections — Chief Electoral Officer
475.9 (1) The Chief Electoral Officer may correct a document referred to in subsection 475.4(1) if the correction does not materially affect its substance.
Marginal note:Corrections or revisions at request of Chief Electoral Officer
(2) The Chief Electoral Officer may in writing request a registered association’s financial agent to correct or revise, within a specified period, a document referred to in subsection 475.4(1).
Marginal note:Deadline for corrections or revision
(3) If the Chief Electoral Officer requests the correction or revision, the registered association’s financial agent shall provide him or her with the corrected or revised version of the document within the specified period.
Marginal note:Extensions — Chief Electoral Officer
475.91 (1) The Chief Electoral Officer, on the written application of a registered association’s financial agent or, if the financial agent is absent or unable to perform their duties, its chief executive officer, shall authorize the extension of a period referred to in subsection 475.4(5) unless he or she is satisfied that the financial agent’s failure to provide the required documents was deliberate or was the result of their failure to exercise due diligence.
Marginal note:Deadline
(2) The application may be made within the period referred to in subsection 475.4(5) or within two weeks after the end of that period.
Marginal note:Corrections or revisions — Chief Electoral Officer
475.92 (1) The Chief Electoral Officer, on the written application of a registered association’s financial agent or, if the financial agent is absent or unable to perform their duties, its chief executive officer, shall authorize the correction or revision of a document referred to in subsection 475.4(1) if he or she 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:Application made without delay
(2) The application shall be made immediately after the applicant becomes aware of the need for correction or revision.
Marginal note:Deadline for corrections or revisions
(3) The applicant shall provide the Chief Electoral Officer with the corrected or revised version of the document within 30 days after the day on which the correction or revision is authorized or within any extension of that period authorized under subsection (4) or (5).
Marginal note:New deadline
(4) The Chief Electoral Officer, on the written application of the applicant made within two weeks after the end of the 30-day period referred to in subsection (3), shall authorize the extension of that period, unless he or she is satisfied that the applicant’s failure to provide the corrected or revised version of the document was deliberate or was the result of their failure to exercise due diligence.
Marginal note:Extension of new deadline
(5) The Chief Electoral Officer, on the written application of the applicant made within two weeks after the end of an extension authorized under subsection (4) or under this subsection, shall authorize the further extension of that period, unless he or she is satisfied that the applicant’s failure to provide the corrected or revised version of the document was deliberate or was the result of their failure to exercise due diligence.
Marginal note:Extensions, corrections or revisions — judge
475.93 (1) The financial agent of a registered association or, if the financial agent is absent or unable to perform their duties, its chief executive officer, 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 475.9(2);
(b) authorizing an extension referred to in subsection 475.91(1); or
(c) authorizing a correction or revision referred to in subsection 475.92(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 475.9(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 475.91(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 475.91, or
(iii) the end of the extended period referred to in subsection 475.91(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 475.92.
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 475.9(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 — correction or revision
(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.
Division 4Nomination Contestants
Interpretation
Marginal note:Definitions
476. The following definitions apply in this Division.
“personal expenses”
« dépense personnelle »
“personal expenses” means the expenses of a personal nature that are reasonably incurred by or on behalf of a nomination contestant in relation to their nomination campaign and includes
(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 expenses that are related to the disability.
“selection date”
« date de désignation »
“selection date” means the date on which a nomination contest is decided.
Subdivision aNomination Contest Report
Marginal note:Notice of nomination contest
476.1 (1) When a nomination contest is held, the registered party, or the registered association if the contest was held by the registered association, shall, within 30 days after the selection date, file with the Chief Electoral Officer a report setting out
(a) the name of the electoral district, the registered association and the registered party that the nomination contest concerns;
(b) the date on which the nomination contest began and the selection date;
(c) the name and address of each nomination contestant as of the selection date and of their financial agent; and
(d) the name of the person selected in the nomination contest.
Marginal note:Notice
(2) The Chief Electoral Officer shall, in the manner that he or she considers appropriate, communicate to each nomination contestant the information related to that contestant that was reported under subsection (1).
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 subsection (1).
Marginal note:Deeming
476.2 For the purposes of Division 1 of this Part and this Division, a nomination contestant is deemed to have been a nomination contestant from the time they accept a contribution, incur a nomination campaign expense or borrow money under section 373.
Marginal note:Duty to appoint financial agent
476.3 A nomination contestant shall appoint a financial agent before accepting a contribution or incurring a nomination campaign expense.
Marginal note:Financial agent — ineligibility
476.4 (1) The following persons are ineligible to be the financial agent of a nomination contestant:
(a) an election officer or a member of the staff of a returning officer;
(b) a candidate or a nomination 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 full capacity to enter into contracts in the province in which the person ordinarily resides.
Marginal note:If partnership appointed as auditor
(2) A person may be appointed as financial agent for a nomination contestant even if the person is a member of a partnership that has been appointed as an auditor, in accordance with this Act, for the registered party.
Marginal note:Consent
476.5 A nomination contestant shall obtain from the financial agent, on appointment, their signed consent to act in that capacity.
Marginal note:Replacement of financial agent
476.6 In the event of the death, incapacity, resignation or ineligibility of the financial agent, or the revocation of the appointment of one, the nomination contestant shall without delay appoint a replacement.
Marginal note:Only one financial agent
476.61 A nomination contestant shall have no more than one financial agent at a time.
Marginal note:Prohibition — financial agents
476.62 No person who is ineligible to be a financial agent of a nomination contestant shall act in that capacity.
Marginal note:Changes in reported information
476.63 (1) Within 30 days after a change in the information referred to in paragraph 476.1(1)(c) in respect of a nomination contestant, the nomination contestant shall report the change in writing to the Chief Electoral Officer.
Marginal note:New financial agent
(2) If the report involves the replacement of the nomination contestant’s financial agent, it shall include a copy of the signed consent referred to in section 476.5.
Subdivision bFinancial Administration of Nomination Contestants
Powers, Duties and Functions of Financial Agent
Marginal note:Duty of financial agent
476.64 A nomination contestant’s financial agent is responsible for administering the contestant’s financial transactions for their nomination campaign and for reporting on those transactions in accordance with this Act.
Marginal note:Bank account
476.65 (1) A nomination contestant’s financial agent shall open, for the sole purpose of the contestant’s nomination 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 shall name the account holder as follows: “(name of financial agent), financial agent”.
Marginal note:Payments and receipts
(3) All of a nomination contestant’s financial transactions in relation to the contestant’s nomination 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) After the selection date or the withdrawal or death of the nomination contestant, the contestant’s financial agent shall close the account once all unpaid claims and surplus nomination campaign funds 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, borrowing
476.66 (1) No person or entity, other than the financial agent of a nomination contestant, shall accept contributions to the contestant’s nomination campaign or borrow money on the contestant’s behalf under section 373.
Marginal note:Prohibition — accepting goods, services or funds or transferring funds
(2) No person or entity, other than the financial agent of a nomination contestant, shall, on the contestant’s behalf,
(a) accept a provision of goods or services, or a transfer of funds, if the provision or transfer is permitted under section 364; or
(b) transfer funds, if the transfer is permitted under that section.
Marginal note:Prohibition — accepting certain transfers of funds
(3) No financial agent of a nomination contestant shall, on the contestant’s behalf, accept a transfer of funds from a registered party or registered association.
Marginal note:Prohibition — paying nomination campaign expenses
(4) No person or entity, other than the financial agent of a nomination contestant, shall pay the contestant’s nomination campaign expenses, other than personal expenses.
Marginal note:Prohibition — incurring nomination campaign expenses
(5) No person or entity, other than the nomination contestant or their financial agent, shall incur the contestant’s nomination campaign expenses.
Marginal note:Prohibition — paying contestant’s personal expenses
(6) No person or entity, other than the nomination contestant or their financial agent, shall pay the contestant’s personal expenses.
Marginal note:Limits on expenses
476.67 The limit for nomination campaign expenses — other than personal expenses — that is allowed for a nomination contestant in an electoral district is the amount
(a) that is 20% of the election expenses limit that was calculated under section 477.49 for that electoral district during the immediately preceding general election, if the boundaries for the electoral district have not changed since then; or
(b) that the Chief Electoral Officer determines, in any other case.
Marginal note:Prohibition — expenses more than maximum
476.68 (1) No nomination contestant and no financial agent of a nomination contestant shall incur total nomination campaign expenses — other than personal expenses — in an amount that is more than the limit allowed for that electoral district under section 476.67.
Marginal note:Prohibition — collusion
(2) No person or entity shall
(a) circumvent, or attempt to circumvent, the limit referred to in section 476.67; or
(b) act in collusion with another person or entity for that purpose.
Recovery of Claims for Debts
Marginal note:Claim for payment
476.69 A person who has a claim to be paid for a nomination campaign expense shall send the invoice or other document evidencing the claim to the nomination contestant’s financial agent or, if there is no financial agent, to the nomination contestant.
Marginal note:Payment within three years
476.7 (1) If a claim for a nomination campaign expense is evidenced by an invoice or other document that has been sent under section 476.69, or if a claim for repayment of a loan is made to the nomination contestant under section 373, the claim shall be paid within three years after the selection date or, in the case referred to in subsection 476.75(16), the polling day.
Marginal note:Prohibition — payment without authorization
(2) No nomination candidate and no financial agent of a nomination contestant shall pay a claim referred to in subsection (1) after the end of the three-year period referred to in that subsection unless authorized to do so under section 476.72 or 476.73, or ordered to do so as a result of proceedings commenced under section 476.74.
Marginal note:Unenforceable contracts
476.71 A contract in relation to a nomination campaign is not enforceable against the nomination contestant unless it was entered into by the contestant personally or by the contestant’s financial agent.
Marginal note:Irregular claims or payments — Chief Electoral Officer
476.72 (1) On the written application of a person who has a claim to be paid for a nomination campaign expense in relation to a nomination contestant or to be paid for a loan made to the contestant under section 373, or on the written application of the contestant’s financial agent or the contestant, the Chief Electoral Officer may, on being satisfied that there are reasonable grounds for so doing, in writing authorize the contestant’s financial agent to pay the amount claimed if the payment of the expense or the repayment of the loan was not made within the three-year period referred to in subsection 476.7(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 or payments — judge
476.73 On the application of a person who has a claim to be paid for a nomination campaign expense in relation to a nomination contestant or to be paid for a loan made to the contestant under section 373, or on the application of the contestant’s financial agent or the contestant, a judge may, on being satisfied that there are reasonable grounds for so doing, by order authorize the contestant’s financial agent to pay the amount claimed if
(a) the applicant establishes that an authorization under subsection 476.72(1) has been refused and that the payment has not been made within the three-year period referred to in subsection 476.7(1); or
(b) the amount claimed has not been paid in accordance with an authorization obtained under subsection 476.72(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
476.74 A person who has sent an invoice or other document evidencing a claim under section 476.69, or has a claim for repayment of a loan made to a nomination contestant under section 373, may commence proceedings in a court of competent jurisdiction to recover any unpaid amount
(a) at any time, if the nomination contestant or their financial agent refuses to pay that amount or disputes that it is payable; or
(b) after the end of the three-year period referred to in subsection 476.7(1) or any extension of that period authorized under subsection 476.72(1) or section 476.73, in any other case.
The nomination contestant shall notify the Chief Electoral Officer that the proceedings have been commenced.
Nomination Campaign Return
Marginal note:Nomination campaign return
476.75 (1) A nomination contestant’s financial agent who has accepted contributions of $1,000 or more in total or incurred nomination campaign expenses of $1,000 or more in total shall provide the Chief Electoral Officer with the following in respect of a nomination contest:
(a) a nomination campaign return, in the prescribed form, on the financing and nomination campaign expenses for the nomination campaign;
(b) if the appointment of an auditor is required under subsection 476.77(1), the auditor’s report on the return made under section 476.8;
(c) a declaration in the prescribed form by the financial agent that the return is complete and accurate; and
(d) a declaration in the prescribed form by the nomination contestant that the return is complete and accurate.
Marginal note:Contents of return
(2) The nomination campaign return shall set out
(a) a statement of nomination campaign expenses;
(b) a statement of claims that are the subject of proceedings under section 476.74;
(c) a statement of unpaid claims, including those resulting from loans made to the nomination contestant under section 373;
(d) a statement of the terms and conditions of each loan made to the nomination contestant under section 373, including the amount of the loan, the interest rate, the lender’s name and address, the dates and amounts of repayments of principal and payments of interest, the unpaid principal remaining at the end of each calendar year and, if there is a guarantor, the guarantor’s name and address and the amount guaranteed;
(e) the total amount of contributions received by the nomination contestant;
(f) the number of contributors;
(g) the name and address of each contributor who made contributions of a total amount of more than $200 to the nomination contestant, that total amount, as well as the amount of each of those contributions and the date on which the contestant received it;
(h) a statement of the commercial value of goods or services provided and of funds transferred by the nomination contestant to a registered party, a registered association, or a candidate;
(i) a statement of the commercial value of goods or services provided to the nomination contestant by a registered party or a registered association;
(j) a statement of the commercial value of goods or services provided and of funds transferred to the nomination contestant from themselves in their capacity as a candidate; and
(k) a statement of contributions received but returned in whole or in part to the contributors or otherwise dealt with in accordance with this Act.
Marginal note:Supporting documents
(3) Together with the nomination campaign return, the nomination contestant’s financial agent shall provide the Chief Electoral Officer with 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 476.82(1).
Marginal note:Additional supporting documents
(4) If the Chief Electoral Officer is of the opinion that the documents provided under subsection (3) are not sufficient, he or she may require the financial agent to provide by a specified date any additional documents that are necessary for the financial agent to comply with that subsection.
Marginal note:Report
(5) If there is any amendment to the information in a statement referred to in paragraph (2)(d), including with respect to the giving of a guarantee or suretyship in respect of the loan, then the nomination contestant’s financial agent shall without delay provide the Chief Electoral Officer with a report on the amendment in the prescribed form.
Marginal note:Publication
(6) The Chief Electoral Officer shall, in the manner that he or she considers appropriate, publish the information in a statement referred to in paragraph (2)(d) and any report provided under subsection (5) as soon as feasible after receiving the information or report.
Marginal note:Period for providing documents
(7) The documents referred to in subsection (1) shall be provided to the Chief Electoral Officer within four months after the selection date.
Marginal note:Declaration of nomination contestant
(8) A nomination contestant shall, within four months after the selection date, send their financial agent the declaration referred to in paragraph (1)(d).
Marginal note:Death of nomination contestant
(9) If a nomination contestant dies without having sent the declaration within the period referred to in subsection (8),
(a) they are deemed to have sent the declaration in accordance with that subsection; and
(b) the financial agent is deemed to have provided the declaration to the Chief Electoral Officer in accordance with subsection (1).
Marginal note:Payment of unpaid claims
(10) If a claim — including one resulting from a loan — is paid in full after the return under paragraph (1)(a) is provided to the Chief Electoral Officer, the nomination contestant’s financial agent shall provide the Chief Electoral Officer with a report in the prescribed form on the payment of the claim within 30 days after the day on which the payment is made, including information indicating the source of the funds used to pay the claim.
Marginal note:First update
(11) The nomination contestant’s financial agent shall provide the Chief Electoral Officer with an updated version of the statement of unpaid claims referred to in paragraph (2)(c), as of the day that is 18 months after the selection date, within the period that begins 18 months after the selection date and ends 19 months after the selection date. The updated version shall include the following information concerning the unpaid amount of a claim, including one resulting from a loan:
(a) whether any part of the unpaid amount is disputed and, if so, what steps the parties have taken to resolve the dispute;
(b) whether the claim is the subject of proceedings under section 476.74;
(c) whether the unpaid amount of a loan is the subject of proceedings to secure its payment, or of a dispute as to the amount that was to be paid or the amount that remains unpaid;
(d) whether the parties have agreed on a repayment schedule and, if so, whether repayments are being made according to the schedule;
(e) whether the unpaid amount has been written off by the creditor as an uncollectable debt in accordance with the creditor’s normal accounting practices; and
(f) any other relevant information that could help explain why the amount is unpaid.
Marginal note:Second update
(12) The nomination contestant’s financial agent shall provide the Chief Electoral Officer with an updated version of the statement of unpaid claims referred to in paragraph (2)(c), as of the day that is 36 months after the selection date, within the period that begins 36 months after the selection date and ends 37 months after the selection date. The updated version shall include the information referred to in paragraphs (11)(a) to (f).
Marginal note:Supporting documents
(13) Together with the updated versions of the statement of unpaid claims referred to in subsections (11) and (12), the nomination contestant’s financial agent shall provide the Chief Electoral Officer with documents evidencing the matters referred to in paragraphs (11)(a) to (f), including, if paragraph (11)(d) applies, a copy of the repayment schedule.
Marginal note:Additional supporting documents
(14) If the Chief Electoral Officer is of the opinion that the documents provided under subsection (13) are not sufficient, he or she may require the financial agent to provide by a specified date any additional documents that are necessary for the financial agent to comply with that subsection.
Marginal note:Irregular claims and payments
(15) The nomination contestant’s financial agent shall provide the Chief Electoral Officer with a report in the prescribed form on the payment of a claim that was subject to an authorization to pay under section 476.72 or 476.73 or to an order to pay resulting from proceedings commenced under section 476.74. The financial agent shall provide the report within 30 days after the day on which the payment is made and shall include in it information indicating the source of the funds used to pay the claim.
Marginal note:Selection date
(16) In applying subsections (7), (8), (11) and (12), if the selection date of a nomination contest falls within an election period for that electoral district or the 30 days before it, then a reference to “selection date” is to be read as a reference to “polling day”.
Marginal note:When contributions forwarded to Receiver General
476.76 If the name of the contributor of a contribution of more than $20 to a nomination contestant, or the name or address of a contributor who has made contributions of a total amount of more than $200 to a nomination contestant, is not known, the nomination contestant’s financial agent shall, without delay, pay an amount of money equal to the value of the contribution to the Chief Electoral Officer, who shall forward it to the Receiver General.
Marginal note:Appointment of auditor
476.77 (1) A nomination contestant who has accepted contributions of $10,000 or more in total or incurred nomination campaign expenses of $10,000 or more in total shall appoint an auditor without delay.
Marginal note:Auditor — eligibility
(2) Only the following are eligible to be an auditor for a nomination contestant:
(a) a person who is a member in good standing of a corporation, association or institute of professional accountants; or
(b) a partnership in which every partner is a member in good standing of a corporation, association or institute of professional accountants.
Marginal note:Auditor — ineligibility
(3) The following persons are ineligible to be an auditor:
(a) an election officer or a member of the staff of a returning officer;
(b) a chief agent of a registered party or an eligible party, or a registered agent of a registered party;
(c) a candidate or their official agent;
(d) an electoral district agent of a registered association;
(e) a leadership contestant or their leadership campaign agent;
(f) a nomination contestant or their financial agent; and
(g) a financial agent of a registered third party.
Marginal note:Notification of appointment
(4) Every nomination contestant, without delay after an auditor is appointed, shall provide the Chief Electoral Officer with the auditor’s name, address, telephone number and occupation and their signed consent to act in that capacity.
Marginal note:New auditor
(5) If a nomination contestant’s auditor is replaced, the contestant shall, without delay, provide the Chief Electoral Officer with the new auditor’s name, address, telephone number and occupation and their signed consent to act in that capacity.
Marginal note:Only one auditor
476.78 A nomination contestant shall have no more than one auditor at a time.
Marginal note:Prohibition — auditors
476.79 No person who is ineligible to be an auditor of a nomination contestant shall act in that capacity.
Marginal note:Auditor’s report
476.8 (1) A nomination contestant’s auditor appointed in accordance with subsection 476.77(1) shall, as soon as feasible after the selection date, report to the contestant’s financial agent on the nomination campaign return for that campaign 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 shall include in the report 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 all of the information and explanations that the auditor required; or
(c) based on the examination, it appears that the financial agent has not kept proper financial records.
Marginal note:Right of access
(3) The auditor shall have access at any reasonable time to all of the nomination contestant’s documents, and may require the contestant and their financial agent to provide any information or explanation that, in the auditor’s opinion, may be necessary to enable the auditor to prepare the report.
Marginal note:Ineligible to prepare report
(4) No person referred to in subsection 476.77(3) who is a partner or an associate of a nomination contestant’s auditor or who is an employee of that auditor, or of the firm in which that auditor is a partner or associate, shall participate, other than in the manner referred to in subsection (3), in the preparation of the auditor’s report.
Marginal note:Nomination contestants outside Canada
476.81 (1) Despite subsection 476.75(7), a nomination contestant who is outside Canada when the documents referred to in paragraphs 476.75(1)(a) to (c) are provided to the Chief Electoral Officer need not send their financial agent the declaration referred to in paragraph 476.75(1)(d) within the period referred to in subsection 476.75(7), but if the contestant does not send it to their financial agent within that period then the contestant shall provide the Chief Electoral Officer with the declaration no later than 14 days after the day on which the contestant returns to Canada.
Marginal note:Financial agent relieved of obligation
(2) Despite subsection 476.75(1), the financial agent need not provide the Chief Electoral Officer with the nomination contestant’s declaration referred to in paragraph 476.75(1)(d) if, in the circumstances set out in subsection (1), the contestant has not sent it to the financial agent.
Marginal note:Statement of personal expenses
476.82 (1) A nomination contestant shall, within three months after the selection date, send their financial agent a written statement in the prescribed form that
(a) sets out the amount of any personal expenses that the contestant paid and details of those personal expenses, including documentation of their payment; or
(b) declares that the contestant did not pay for any personal expenses.
Marginal note:Death of contestant
(2) Subsection (1) does not apply to a nomination contestant who dies before the end of the three-month period referred to in that subsection without having sent the written statement.
Corrections, Revisions and Extended Reporting Periods
Marginal note:Minor corrections — Chief Electoral Officer
476.83 (1) The Chief Electoral Officer may correct a document referred to in subsection 476.75(1), (10), (11), (12) or (15) if the correction does not materially affect its substance.
Marginal note:Corrections or revisions at request of Chief Electoral Officer
(2) The Chief Electoral Officer may in writing request a nomination contestant’s financial agent to correct or revise, within a specified period, a document referred to in subsection 476.75(1), (10), (11), (12) or (15).
Marginal note:Deadline for corrections or revisions
(3) If the Chief Electoral Officer requests the correction or revision, the nomination contestant’s financial agent shall provide the Chief Electoral Officer with the corrected or revised version of the document within the specified period.
Marginal note:Extensions — Chief Electoral Officer
476.84 (1) The Chief Electoral Officer, on the written application of a nomination contestant or their financial agent, shall authorize the extension of a period referred to in subsection 476.75(7), (10), (11), (12) or (15), unless he or she 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:Deadline
(2) The application may be made within the period referred to in subsection 476.75(7), (10), (11), (12) or (15) or within two weeks after the end of that period.
Marginal note:Corrections or revisions — Chief Electoral Officer
476.85 (1) The Chief Electoral Officer, on the written application of a nomination contestant or their financial agent, shall authorize the correction or revision of a document referred to in subsection 476.75(1), (10), (11), (12) or (15) if he or she 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:Application made without delay
(2) The application shall be made immediately after the applicant becomes aware of the need for correction or revision.
Marginal note:Deadline for corrections or revisions
(3) The applicant shall provide the Chief Electoral Officer with the corrected or revised version of the document within 30 days after the day on which the correction or revision is authorized or within any extension of that period authorized under subsection (4) or (5).
Marginal note:New deadline
(4) The Chief Electoral Officer, on the written application of the applicant made within two weeks after the end of the 30-day period referred to in subsection (3), shall authorize the extension of that period, unless he or she is satisfied that the applicant’s failure to provide the corrected or revised version of the document was deliberate or was the result of their failure to exercise due diligence.
Marginal note:Extension of new deadline
(5) The Chief Electoral Officer, on the written application of the applicant made within two weeks after the end of an extension authorized under subsection (4) or under this subsection, shall authorize the further extension of that period, unless he or she is satisfied that the applicant’s failure to provide the corrected or revised version of the document was deliberate or was the result of their failure to exercise due diligence.
Marginal note:Extensions, corrections or revisions — judge
476.86 (1) A nomination 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 476.83(2);
(b) authorizing an extension referred to in subsection 476.84(1); or
(c) authorizing a correction or revision referred to in subsection 476.85(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 476.83(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 476.84(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 476.84, or
(iii) the end of the extended period referred to in subsection 476.84(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 476.85.
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 476.83(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 their 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.
Marginal note:Appearance of financial agent before judge
476.87 (1) A judge dealing with an application under section 476.86 or 476.88 who is satisfied that a nomination contestant or a financial agent has not provided the documents referred to in subsection 476.75(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 or 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.
Marginal note:Recourse of contestant for fault of financial agent
476.88 A nomination 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.
Marginal note:Destruction of documents — judge
476.89 (1) A nomination 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 476.75(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.
Marginal note:Prohibition — false, misleading or incomplete document
476.9 No nomination contestant and no financial agent of a nomination contestant shall provide the Chief Electoral Officer with a document referred to in subsection 476.75(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 476.75(1), does not substantially set out the information required under subsection 476.75(2) and, in the case of a document referred to in subsection 476.75(10), (11), (12) or (15), does not substantially set out the information required under that subsection.
Surplus of Nomination Campaign Funds
Marginal note:Surplus of nomination campaign funds
476.91 The surplus amount of nomination campaign funds that a nomination contestant receives for a nomination contest is the amount by which the contributions accepted by the financial agent on behalf of the contestant and any other amounts received by the contestant for their nomination campaign that are not repayable are more than the contestant’s nomination campaign expenses paid under this Act and any transfers referred to in paragraph 364(5)(a).
Marginal note:Notice of estimated surplus
476.92 (1) If the Chief Electoral Officer estimates that a nomination contestant has a surplus of nomination 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:Disposal of surplus funds
(2) The nomination contestant’s financial agent shall dispose of a surplus of nomination campaign funds within 60 days after the day on which they receive the notice of estimated surplus.
Marginal note:Disposal without notice
(3) If a nomination contestant has a surplus of nomination campaign funds but their financial agent has not received a notice of estimated surplus, the financial agent shall dispose of the surplus within 60 days after the day on which the Chief Electoral Officer is provided with the contestant’s nomination campaign return.
Marginal note:Method of disposal of surplus
476.93 A nomination contestant’s financial agent shall dispose of surplus nomination campaign funds by transferring them to
(a) the official agent of the candidate endorsed by the registered party in the electoral district in which the nomination contest was held; or
(b) the registered association that held the nomination contest or the registered party for whose endorsement the contest was held.
Marginal note:Notice of disposal of surplus
476.94 (1) A nomination contestant’s financial agent shall, within seven days after disposing of the contestant’s surplus nomination campaign funds, give the Chief Electoral Officer a notice 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 feasible after the disposal of a nomination contestant’s surplus nomination campaign funds, the Chief Electoral Officer shall publish the notice in any manner that he or she considers appropriate.
Division 5Candidates
Subdivision aOfficial Agent and Auditor
Marginal note:Deeming
477. For the purposes of Division 1 of this Part and this Division, except sections 477.89 to 477.95, a candidate is deemed to have been a candidate from the time they accept a provision of goods or services under section 364, accept a transfer of funds under that section, accept a contribution, borrow money under section 373 or incur an electoral campaign expense referred to in section 375.
Marginal note:Duty to appoint official agent
477.1 (1) A candidate shall appoint an official agent before accepting a provision of goods or services under section 364, accepting a transfer of funds under that section, accepting a contribution, borrowing money under section 373 or incurring an electoral campaign expense referred to in section 375.
Marginal note:Appointment of auditor
(2) A candidate shall appoint an auditor on appointing an official agent.
Marginal note:Official agent — ineligibility
477.2 The following persons are ineligible to be an official agent:
(a) an election officer or a member of the staff of a returning officer;
(b) a candidate;
(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 full capacity to enter into contracts in the province in which they ordinarily reside.
Marginal note:Auditor — eligibility
477.3 (1) Only the following are eligible to be an auditor for a candidate:
(a) a person who is a member in good standing of a corporation, association or institute of professional accountants; or
(b) a partnership of which every partner is a member in good standing of a corporation, association or institute of professional accountants.
Marginal note:Auditor — ineligibility
(2) The following persons are ineligible to be an auditor:
(a) an election officer or a member of the staff of a returning officer;
(b) the candidate or any other candidate;
(c) the official agent of the candidate or any other candidate;
(d) the chief agent of a registered party or an eligible party;
(e) a registered agent of a registered party;
(f) an electoral district agent of a registered association;
(g) a leadership contestant and their leadership campaign agent;
(h) a nomination contestant and their financial agent; and
(i) a financial agent of a registered third party.
Marginal note:If partnership appointed as auditor
477.4 Subject to sections 477.2 and 477.3, a person may be appointed as official agent or auditor for a candidate even if the person is a member of a partnership that has been appointed in accordance with this Act as an auditor for
(a) a candidate in an electoral district other than the electoral district of the candidate for whom the appointment is being made; or
(b) a registered party.
Marginal note:Consent
477.41 A candidate shall obtain from the official agent or auditor, on appointment, their signed consent to act in that capacity.
Marginal note:Replacement of official agent or auditor
477.42 In the event of the death, incapacity, resignation or ineligibility of an official agent or an auditor, or the revocation of the appointment of one, the candidate shall without delay appoint a replacement.
Marginal note:Only one official agent and auditor
477.43 A candidate shall have no more than one official agent and one auditor at a time.
Marginal note:Prohibition — official agents
477.44 (1) No person who is ineligible to be an official agent of a candidate shall act in that capacity.
Marginal note:Prohibition — auditor
(2) No person who is ineligible to be an auditor of a candidate shall act in that capacity.
Subdivision bFinancial Administration of Candidates
Powers, Duties and Functions of Official Agent
Marginal note:Duty of official agent
477.45 A candidate’s official agent is responsible for administering the candidate’s financial transactions for their electoral campaign and for reporting on those transactions in accordance with this Act.
Marginal note:Bank account
477.46 (1) A candidate’s official agent shall open, for the sole purpose of the candidate’s electoral 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 shall name the account holder as follows: “(name of official agent), official agent”.
Marginal note:Payments and receipts
(3) All of a candidate’s financial transactions in relation to the candidate’s electoral 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) After the election or the withdrawal or death of a candidate, the candidate’s official agent shall close the account once all unpaid claims and surplus electoral funds have been dealt with in accordance with this Act.
Marginal note:Final statement of bank account
(5) The official agent shall, on closing the account, provide the Chief Electoral Officer with the final statement of the account.
Marginal note:Prohibition — accepting contributions, borrowing
477.47 (1) No person or entity, other than the candidate’s official agent, shall accept contributions to a candidate’s electoral campaign or borrow money on the candidate’s behalf under section 373.
Marginal note:Prohibition — issuing tax receipts
(2) No person or entity, other than the candidate’s official agent, shall provide official receipts to contributors of monetary contributions to a candidate for the purpose of subsection 127(3) of the Income Tax Act.
Marginal note:Prohibition — accepting or providing goods, services or funds
(3) No person or entity, other than the candidate’s official agent, shall, on behalf of a candidate,
(a) accept a provision of goods or services, or a transfer of funds, if the provision or transfer is permitted under section 364; or
(b) provide goods or services, or transfer funds, if the provision or transfer is permitted under that section.
Marginal note:Prohibition — paying electoral expenses
(4) No person or entity, other than the candidate’s official agent, shall pay expenses in relation to a candidate’s electoral campaign except for petty expenses referred to in section 381 and the candidate’s personal expenses.
Marginal note:Prohibition — incurring electoral expenses
(5) No person or entity, other than a candidate, their official agent or a person authorized under paragraph 477.55(c) to enter into contracts, shall incur expenses in relation to the candidate’s electoral campaign.
Marginal note:Prohibition — paying candidate’s personal expenses
(6) No person or entity, other than a candidate or their official agent, shall pay the candidate’s personal expenses.
Marginal note:Exception
(7) Subsection (4) or (5), as the case may be, does not apply to a registered agent of a registered party who pays or incurs expenses in relation to the electoral campaign of the leader of the registered party.
Expense Limit for Notices of Nomination Meetings
Marginal note:Limit
477.48 (1) The amount that may be spent on providing notice of meetings that are to be held during an election period for the principal purpose of nominating a candidate for an election in an electoral district shall not be more than 1% of the maximum election expenses
(a) that were allowed for a candidate in that electoral district during the immediately preceding general election, if the boundaries for the electoral district have not changed since then; or
(b) that the Chief Electoral Officer determines, in any other case.
Marginal note:Prohibition on official agents, candidates and authorized persons
(2) No candidate, official agent of a candidate or person who is authorized under paragraph 477.55(c) to enter into contracts shall incur or cause to be incurred total expenses on account of notices referred to in subsection (1) in an amount that is more than the amount determined under that subsection.
Election Expenses Limit
Marginal note:Maximum election expenses allowed
477.49 (1) The election expenses limit that is allowed for a candidate’s election expenses in an electoral district is the product of the base amount for an electoral district determined under section 477.5 and the inflation adjustment factor referred to in section 384 on the day on which the writ is issued.
Marginal note:Election period longer than 37 days
(2) If an election period is longer than 37 days, then the election expenses limit calculated under subsection (1) is increased by adding to it the product of
(a) one thirty-seventh of the election expenses limit calculated under subsection (1), and
(b) the number of days in the election period minus 37.
Marginal note:Base amount of candidate’s election expenses
477.5 (1) The base amount of a candidate’s election expenses in an electoral district is the higher of
(a) the amount calculated, on the basis of the preliminary lists of electors for the electoral district, in accordance with subsections (3) to (6), and
(b) the amount calculated, on the basis of the revised lists of electors for the electoral district, in accordance with subsections (7) to (10).
Marginal note:Death of candidate of registered party
(2) If a candidate for an electoral district whose nomination was endorsed by a registered party dies within the period beginning at 2:00 p.m. on the fifth day before the closing day for nominations and ending on polling day, the base amount for that electoral district is increased by 50%.
Marginal note:Calculation using preliminary lists of electors
(3) The amount referred to in paragraph (1)(a) is the aggregate of the following amounts, based on the number of the electors on the preliminary lists of electors:
(a) $2.1735 for each of the first 15,000 electors,
(b) $1.092 for each of the next 10,000 electors, and
(c) $0.546 for each of the remaining electors.
Marginal note:Fewer electors than average — general election
(4) If the number of electors on the preliminary lists of electors for the electoral district is less than the average number of electors on all preliminary lists of electors in a general election, then, in making a calculation under subsection (3), the number of electors is deemed to be halfway between the number on the preliminary lists of electors for the electoral district and that average number.
Marginal note:Fewer electors than average — by-election
(5) In the case of a by-election, if the number of electors on the preliminary lists of electors for the electoral district is less than the average number of electors on all revised lists of electors in the immediately preceding general election, then, in making a calculation under subsection (3), the number of electors is deemed to be halfway between the number on the preliminary lists of electors for the electoral district and that average number.
Marginal note:Districts with lower population density
(6) If the number of electors per square kilometre, calculated on the basis of the preliminary lists of electors for the electoral district, is less than 10, the amount calculated under subsection (3) is increased by the lesser of $0.31 per square kilometre and 25% of the amount calculated under subsection (3).
Marginal note:Calculation using revised list of electors
(7) The amount referred to in paragraph (1)(b) is the aggregate of the following amounts, based on the number of the electors on the revised lists of electors:
(a) $2.1735 for each of the first 15,000 electors,
(b) $1.092 for each of the next 10,000 electors, and
(c) $0.546 for each of the remaining electors.
Marginal note:Fewer electors than average — general election
(8) If the number of electors on the revised lists of electors for the electoral district is less than the average number of electors on all revised lists of electors in a general election, then, in making a calculation under subsection (7), the number of electors is deemed to be halfway between the number on the revised lists of electors for the electoral district and that average number.
Marginal note:Fewer electors than average — by-election
(9) In the case of a by-election, if the number of electors on the revised lists of electors for the electoral district is less than the average number of electors on all revised lists of electors in the immediately preceding general election, then, in making a calculation under subsection (7), the number of electors is deemed to be halfway between the number on the revised lists of electors for the electoral district and that average number.
Marginal note:Districts with lower population density
(10) If the number of electors per square kilometre, calculated on the basis of the revised lists of electors for the electoral district, is less than 10, the amount calculated under subsection (7) is increased by the lesser of $0.31 per square kilometre and 25% of the amount calculated under subsection (7).
Marginal note:Estimated expenses
477.51 (1) On November 15 in each year, the Chief Electoral Officer shall calculate the election expenses limit referred to in section 477.49 for each electoral district, based on the lists of electors in the Register of Electors, as if an election were to be held on that date.
Marginal note:Availability of estimates
(2) The election expenses limit for an electoral district shall be sent
(a) to any person on request; and
(b) to the member of the House of Commons who represents the electoral district and each registered party that endorsed a candidate in the electoral district in the last election.
Marginal note:Maximum amount not guaranteed
(3) The election expenses limit calculated under subsection (1) is an estimate and, as such, may be increased or decreased for an electoral district in the subsequent election period.
Marginal note:Exception
(4) This section does not apply if November 15 falls during an election period or if the vote at a general election was held during the six months before that date.
Marginal note:Prohibition — expenses more than maximum
477.52 (1) No candidate, official agent of a candidate or person who is authorized under paragraph 477.55(c) to enter into contracts shall incur total election expenses in an amount that is more than the election expenses limit calculated under section 477.49.
Marginal note:Prohibition — collusion
(2) No candidate, official agent of a candidate, person who is authorized under paragraph 477.55(c) to enter into contracts or third party, as defined in section 349, shall act in collusion with each other for the purpose of circumventing the election expenses limit calculated under section 477.49.
Recovery of Claims for Debts
Marginal note:Claim for payment
477.53 A person who has a claim to be paid for an electoral campaign expense shall send the invoice or other document evidencing the claim to the candidate’s official agent or, if there is no official agent, to the candidate.
Marginal note:Payment within three years
477.54 (1) If a claim for an electoral campaign expense is evidenced by an invoice or other document that has been sent under section 477.53, or if a claim for repayment of a loan is made to the candidate under section 373, the claim shall be paid within three years after polling day.
Marginal note:Prohibition — payment without authorization
(2) No candidate and no official agent of a candidate shall pay a claim referred to in subsection (1) after the end of the three-year period referred to in that subsection unless authorized to do so under section 477.56 or 477.57, or ordered to do so as a result of proceedings commenced under section 477.58.
Marginal note:Unenforceable contracts
477.55 A contract in relation to an electoral campaign is not enforceable against the candidate unless it was entered into by
(a) the candidate personally;
(b) the candidate’s official agent; or
(c) a person whom the official agent may, in writing, have authorized to enter into the contract.
Marginal note:Irregular claims or payments — Chief Electoral Officer
477.56 (1) On the written application of a person who has a claim to be paid for an electoral campaign expense or to be paid for a loan made to the candidate under section 373, or on the written application of the candidate’s official agent or the candidate, the Chief Electoral Officer may, on being satisfied that there are reasonable grounds for so doing, in writing authorize the candidate’s official agent to pay the amount claimed if the payment of the expense or the repayment of the loan was not made within the three-year period referred to in subsection 477.54(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 or payments — judge
477.57 On the application of a person who has a claim to be paid for a candidate’s electoral campaign expense or to be paid for a loan made to the candidate under section 373, or on the application of the candidate’s official agent or the candidate, a judge may, on being satisfied that there are reasonable grounds for so doing, by order authorize the candidate’s official agent to pay the amount claimed if
(a) the applicant establishes that an authorization under subsection 477.56(1) has been refused and that the payment has not been made within the three-year period referred to in subsection 477.54(1); or
(b) the amount claimed has not been paid in accordance with an authorization obtained under subsection 477.56(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
477.58 A person who has sent an invoice or other document evidencing a claim under section 477.53, or has a claim for repayment of a loan made to a candidate under section 373, may commence proceedings in a court of competent jurisdiction to recover any unpaid amount
(a) at any time, if the candidate or their official agent refuses to pay that amount or disputes that it is payable; or
(b) after the end of the period mentioned in subsection 477.54(1) or any extension of that period authorized under subsection 477.56(1) or section 477.57, in any other case.
The candidate shall notify the Chief Electoral Officer that the proceedings have been commenced.
Electoral Campaign Return
Marginal note:Electoral campaign return
477.59 (1) A candidate’s official agent shall provide the Chief Electoral Officer with the following in respect of an election:
(a) an electoral campaign return, in the prescribed form, on the financing and expenses for the candidate’s electoral campaign;
(b) the auditor’s report on the return under section 477.62;
(c) a declaration in the prescribed form by the official agent that the return is complete and accurate; and
(d) a declaration in the prescribed form by the candidate that the return is complete and accurate.
Marginal note:Contents of return
(2) The electoral campaign return shall set out
(a) a statement of election expenses, including a statement of election expenses incurred for voter contact calling services as defined in section 348.01, provided by a calling service provider as defined in that section, that indicates the name of that provider and the amount of those expenses;
(b) a statement of electoral campaign expenses, other than election expenses, including a statement of electoral campaign expenses incurred for voter contact calling services as defined in section 348.01, provided by a calling service provider as defined in that section, that indicates the name of that provider and the amount of those expenses;
(c) a statement of claims that are the subject of proceedings under section 477.58;
(d) a statement of unpaid claims, including those resulting from loans made to the candidate under section 373;
(e) a statement of the terms and conditions of each loan made to the candidate under section 373, including the amount of the loan, the interest rate, the lender’s name and address, the dates and amounts of repayments of principal and payments of interest, the unpaid principal remaining at the end of each calendar year and, if there is a guarantor, the guarantor’s name and address and the amount guaranteed;
(f) the total amount of contributions received by the candidate;
(g) the number of contributors;
(h) the name and address of each contributor who made contributions of a total amount of more than $200 to the candidate, that total amount, as well as the amount of each of those contributions and the date on which the candidate received it;
(i) a statement of the commercial value of goods or services provided and of funds transferred by the candidate to a registered party, to a registered association or to themselves in their capacity as a nomination contestant;
(j) a statement of the commercial value of goods or services provided and of funds transferred to the candidate from a registered party, a registered association or a nomination contestant; and
(k) a statement of contributions received but returned in whole or in part to the contributors or otherwise dealt with in accordance with this Act.
Marginal note:Supporting documents
(3) Together with the electoral campaign return, the official agent of a candidate shall provide the Chief Electoral Officer with documents evidencing expenses set out in the return, including bank statements, deposit slips, cancelled cheques and the candidate’s written statement concerning personal expenses referred to in subsection 477.64(1).
Marginal note:Additional supporting documents
(4) If the Chief Electoral Officer is of the opinion that the documents provided under subsection (3) are not sufficient, he or she may require the official agent to provide by a specified date any additional documents that are necessary to comply with that subsection.
Marginal note:Report
(5) If there is any amendment to the information in a statement referred to in paragraph (2)(e), including with respect to the giving of a guarantee or suretyship in respect of the loan, then the candidate’s official agent shall without delay provide the Chief Electoral Officer with a report on the amendment in the prescribed form.
Marginal note:Publication
(6) The Chief Electoral Officer shall, in the manner that he or she considers appropriate, publish the information in a statement made under paragraph (2)(e) and any report provided under subsection (5) as soon as feasible after receiving the information or report.
Marginal note:Period for providing documents
(7) The documents referred to in subsection (1) shall be provided to the Chief Electoral Officer within four months after polling day.
Marginal note:Declaration of candidate
(8) A candidate shall, within four months after polling day, send their official agent the declaration referred to in paragraph (1)(d).
Marginal note:Death of candidate
(9) If a candidate dies without having sent the declaration within the period referred to in subsection (8),
(a) they are deemed to have sent the declaration in accordance with that subsection;
(b) the official agent is deemed to have provided the declaration to the Chief Electoral Officer in accordance with subsection (1); and
(c) the Chief Electoral Officer is deemed to have received the declaration for the purposes of sections 477.73, 477.75 and 477.76.
Marginal note:Payment of unpaid claims
(10) If a claim — including one resulting from a loan — is paid in full after the return under paragraph (1)(a) is provided to the Chief Electoral Officer, the candidate’s official agent shall provide him or her with a report in the prescribed form on the payment of the claim within 30 days after the day on which the payment is made, including information indicating the source of the funds used to pay the claim.
Marginal note:First update
(11) The candidate’s official agent shall provide the Chief Electoral Officer with an updated version of the statement of unpaid claims referred to in paragraph (2)(d), as of the day that is 18 months after polling day, within the period that begins 18 months after polling day and ends 19 months after polling day. The updated version shall include the following information concerning the unpaid amount of a claim, including one resulting from a loan:
(a) whether any part of the unpaid amount is disputed and, if so, what steps the parties have taken to resolve the dispute;
(b) whether the claim is the subject of proceedings under section 477.58;
(c) whether the unpaid amount of a loan is the subject of proceedings to secure its payment, or of a dispute as to the amount that was to be paid or the amount that remains unpaid;
(d) whether the parties have agreed on a repayment schedule and, if so, whether repayments are being made according to the schedule;
(e) whether the unpaid amount has been written off by the creditor as an uncollectable debt in accordance with the creditor’s normal accounting practices; and
(f) any other relevant information that could help explain why the amount is unpaid.
Marginal note:Second update
(12) The candidate’s official agent shall provide the Chief Electoral Officer with an updated version of the statement of unpaid claims referred to in paragraph (2)(d), as of the day that is 36 months after polling day, within the period that begins 36 months after polling day and ends 37 months after polling day. The updated version shall include the information referred to in paragraphs (11)(a) to (f).
Marginal note:Supporting documents
(13) Together with the updated versions of the statement of unpaid claims referred to in subsections (11) and (12), the candidate’s official agent shall provide the Chief Electoral Officer with documents evidencing the matters referred to in paragraphs (11)(a) to (f), including, if paragraph (11)(d) applies, a copy of the repayment schedule.
Marginal note:Additional supporting documents
(14) If the Chief Electoral Officer is of the opinion that the documents provided under subsection (13) are not sufficient, he or she may require the official agent to provide by a specified date any additional documents that are necessary to comply with that subsection.
Marginal note:Irregular claims and payments
(15) The candidate’s official agent shall provide the Chief Electoral Officer with a report in the prescribed form on the payment of a claim that was subject to an authorization to pay under section 477.56 or 477.57 or an order to pay resulting from proceedings commenced under section 477.58. The official agent shall provide the report within 30 days after the day on which the payment is made and shall include in it information indicating the source of the funds used to pay the claim.
Marginal note:Uncollectable debts
477.6 (1) If the updated version of the statement of unpaid claims provided under subsection 477.59(11) or (12) indicates that an unpaid amount of a loan has been written off by the lender as an uncollectable debt in accordance with the lender’s normal accounting practices, and the candidate is the candidate of a registered party, then the Chief Electoral Officer shall without delay inform the lender, the registered party and, if the registered party has a registered association in the candidate’s electoral district, the registered association.
Marginal note:Representations
(2) The Chief Electoral Officer shall give the lender, the registered party and the registered association the opportunity to make representations to him or her.
Marginal note:Chief Electoral Officer’s determination
(3) The Chief Electoral Officer shall, without delay after receiving the representations, determine whether the unpaid amount has been written off by the lender as an uncollectable debt in accordance with the lender’s normal accounting practices. He or she shall then inform the lender, the candidate, the registered party and the registered association of his or her determination.
Marginal note:Registered association or party liable
(4) If the Chief Electoral Officer determines that the unpaid amount has been written off by the lender as an uncollectable debt in accordance with the lender’s normal accounting practices, then the registered association or, if there is no registered association, the registered party becomes liable for the unpaid amount as if the association or party, as the case may be, had guaranteed the loan.
Marginal note:When contributions forwarded to Receiver General
477.61 If the name of the contributor of a contribution of more than $20 to a candidate, or the name or the address of a contributor who has made contributions of a total amount of more than $200 to a candidate, is not known, the candidate’s official agent shall, without delay, pay an amount of money equal to the value of the contribution to the Chief Electoral Officer, who shall forward it to the Receiver General.
Marginal note:Auditor’s report
477.62 (1) As soon as feasible after polling day, a candidate’s auditor shall report to the candidate’s official agent on the electoral 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:Checklist
(2) The auditor’s report shall include a completed checklist for audits in the prescribed form.
Marginal note:Statement
(3) The auditor shall include in the report 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 all the information and explanations that the auditor required; or
(c) based on the examination, it appears that the official agent has not kept proper financial records.
Marginal note:Right of access
(4) The auditor shall have access at any reasonable time to all of the candidate’s documents, and may require the candidate and their official agent to provide any information or explanation that, in the auditor’s opinion, may be necessary to enable the auditor to prepare the report.
Marginal note:Ineligible to prepare report
(5) No person referred to in subsection 477.3(2) who is a partner or an associate of a candidate’s auditor or who is an employee of that auditor, or of the firm in which that auditor is a partner or associate, shall participate, other than in the manner referred to in subsection (4), in the preparation of the auditor’s report.
Marginal note:Candidates outside Canada
477.63 (1) Despite subsection 477.59(7), a candidate who is outside Canada when the documents referred to in paragraphs 477.59(1)(a) to (c) are provided to the Chief Electoral Officer need not send their official agent the declaration referred to in paragraph 477.59(1)(d) within the period referred to in subsection 477.59(7), but if the candidate does not send it to their official agent within that period then the candidate shall provide the Chief Electoral Officer with the declaration no later than 14 days after the day on which they return to Canada.
Marginal note:Official agent relieved of obligation
(2) Despite subsection 477.59(1), the official agent need not provide the Chief Electoral Officer with the candidate’s declaration referred to in paragraph 477.59(1)(d) if, in the circumstances set out in subsection (1), the candidate has not sent it to the official agent.
Marginal note:Statement of personal expenses
477.64 (1) A candidate shall, within three months after polling day, send their official agent a written statement in the prescribed form that
(a) sets out the amount of any personal expenses that the candidate paid and details of those personal expenses, including documentation of their payment; or
(b) declares that the candidate did not pay for any personal expenses.
Marginal note:Death of candidate
(2) Subsection (1) does not apply to a candidate who dies before the end of the three-month period referred to in that subsection without having sent the written statement.
Corrections, Revisions and Extended Reporting Periods
Marginal note:Minor corrections — Chief Electoral Officer
477.65 (1) The Chief Electoral Officer may correct a document referred to in subsection 477.59(1), (10), (11), (12) or (15) if the correction does not materially affect its substance.
Marginal note:Corrections or revisions at request of Chief Electoral Officer
(2) The Chief Electoral Officer may in writing request a candidate’s official agent to correct or revise, within a specified period, a document referred to in subsection 477.59(1), (10), (11), (12) or (15).
Marginal note:Deadline for correction or revision
(3) If the Chief Electoral Officer requests a correction or revision, the candidate’s official agent shall provide him or her with the corrected or revised version of the document within the specified period.
Marginal note:Extensions — Chief Electoral Officer
477.66 (1) The Chief Electoral Officer, on the written application of a candidate or their official agent, shall authorize the extension of a period referred to in subsection 477.59(7), (10), (11), (12) or (15), unless he or she is satisfied that the official agent’s failure to provide the required documents was deliberate or was the result of their failure to exercise due diligence.
Marginal note:Deadline
(2) The application may be made within the period referred to in subsection 477.59(7), (10), (11), (12) or (15) or within two weeks after the end of that period.
Marginal note:Corrections or revisions — Chief Electoral Officer
477.67 (1) The Chief Electoral Officer, on the written application of a candidate or their official agent, shall authorize the correction or revision of a document referred to in subsection 477.59(1), (10), (11), (12) or (15) if he or she 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:Application made without delay
(2) The application shall be made immediately after the applicant becomes aware of the need for correction or revision.
Marginal note:Deadline for correction or revision
(3) The applicant shall provide the Chief Electoral Officer with the corrected or revised version of the document within 30 days after the day on which the correction or revision is authorized or within any extension of that period authorized under subsection (4) or (5).
Marginal note:New deadline
(4) The Chief Electoral Officer, on the written application of the applicant made within two weeks after the end of the 30-day period referred to in subsection (3), shall authorize the extension of that period, unless he or she is satisfied that the applicant’s failure to provide the corrected or revised version of the document was deliberate or was the result of the applicant’s failure to exercise due diligence.
Marginal note:Extension of new deadline
(5) The Chief Electoral Officer, on the written application of the applicant made within two weeks after the end of an extension authorized under subsection (4) or this subsection, shall authorize the further extension of that period, unless he or she is satisfied that the applicant’s failure to provide the corrected or revised version of the document was deliberate or was the result of the applicant’s failure to exercise due diligence.
Marginal note:Extensions, corrections or revisions — judge
477.68 (1) A candidate or their official agent may apply to a judge for an order
(a) relieving the official agent from the obligation to comply with a request referred to in subsection 477.65(2);
(b) authorizing an extension referred to in subsection 477.66(1); or
(c) authorizing a correction or revision referred to in subsection 477.67(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 477.65(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 477.66(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 477.66, or
(iii) the end of the extended period referred to in subsection 477.66(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 477.67.
Marginal note:Grounds — relief from compliance
(3) The judge shall grant an order relieving the official agent from the obligation to comply with a request referred to in subsection 477.65(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 official agent’s failure to provide the required documents was deliberate or was the result of their 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) The order may require that the applicant satisfy any condition that the judge considers necessary for carrying out the purposes of this Act.
Marginal note:Procedure
(7) If an application is made under paragraph (1)(a) in respect of a candidate who is a Member of the House of Commons at the time the application is made, the judge shall hear the application without delay and in a summary manner, and a court of appeal shall hear any appeal arising from the application without delay and in a summary manner.
Marginal note:Appearance of official agent before judge
477.69 (1) A judge dealing with an application under section 477.68 or 477.7 who is satisfied that a candidate or an official agent has not provided the documents referred to in subsection 477.59(1), (10), (11), (12) or (15) in accordance with this Act because of a failure of the official agent or a predecessor of the official agent shall, by order served personally, require the official agent or that predecessor to appear before the judge.
Marginal note:Show cause orders
(2) The judge shall, unless the official agent or predecessor on his or her appearance shows cause why an order should not be issued, order that the agent or 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.
Marginal note:Recourse of candidate for fault of official agent
477.7 A candidate may apply to a judge for an order that relieves the candidate from any liability or consequence under this or any other Act of Parliament in relation to an act or omission of the candidate’s official agent, if the candidate establishes that
(a) it occurred without the candidate’s knowledge or acquiescence; or
(b) the candidate exercised all due diligence to avoid its occurrence.
The candidate shall notify the Chief Electoral Officer that the application has been made.
Marginal note:Destruction of documents — judge
477.71 (1) A candidate or their official agent may apply to a judge for an order relieving the official agent from the obligation to provide a document referred to in subsection 477.59(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.
Marginal note:Prohibition — false, misleading or incomplete document
477.72 (1) No candidate and no official agent of a candidate shall provide the Chief Electoral Officer with a document referred to in subsection 477.59(1), (10), (11), (12) or (15) that
(a) the candidate or the official 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 477.59(1), does not substantially set out the information required under subsection 477.59(2) and, in the case of a document referred to in subsection 477.59(10), (11), (12) or (15), does not substantially set out the information required under that subsection.
Marginal note:Membership in House of Commons suspended
(2) If the Chief Electoral Officer determines, with respect to an elected candidate, that a document that was required to be provided under subsection 477.59(1), (10), (11), (12) or (15) was not provided within the period for providing it or within any extension to that period authorized under subsection 477.66(1) or paragraph 477.68(1)(b), or that a correction or revision was not made as authorized by subsection 477.67(1) within the period provided in subsection 477.67(3), then the Chief Electoral Officer shall so inform the Speaker of the House of Commons and the candidate is not entitled to continue to sit or vote as a member of the House of Commons until the document, correction or revision is provided or made, as the case may be.
Marginal note:Membership in House of Commons suspended
(3) If the Chief Electoral Officer determines, with respect to an elected candidate, that a correction or revision that was requested to be made under subsection 477.65(2) was not made within the period specified, then, until the correction or revision is made, the candidate is not entitled to continue to sit or vote as a member of the House of Commons as of
(a) the end of the two weeks referred to in paragraph 477.68(2)(a), if the candidate or their official agent does not apply to a judge for an order under paragraph 477.68(1)(a); or
(b) if the candidate or their official agent applies to a judge for an order under paragraph 477.68(1)(a), the day on which the application is finally disposed of so as to deny it.
Marginal note:Speaker informed
(4) As soon as an elected candidate is not entitled to continue to sit or vote as a member of the House of Commons under subsection (3), the Chief Electoral Officer shall so inform the Speaker of the House of Commons.
Reimbursement of Election Expenses and Personal Expenses
Marginal note:Reimbursement — first instalment
477.73 (1) Without delay after receipt of a return of the writ for an electoral district, the Chief Electoral Officer shall provide the Receiver General with a certificate that sets out
(a) the name of the elected candidate, if any;
(b) the name of any candidate who received 10% or more of the number of valid votes cast; and
(c) the amount that is 15% of the election expenses limit calculated under section 477.49.
Marginal note:Payment of partial reimbursement
(2) On receipt of the certificate, the Receiver General shall pay the amount set out in it out of the Consolidated Revenue Fund to the official agent of any candidate named in the certificate as partial reimbursement for the candidate’s election expenses and personal expenses. The payment may be made to the person designated by the official agent.
Marginal note:Return of excess payment
(3) A candidate’s official agent shall without delay return to the Receiver General any amount received under subsection (2) that is more than 60% of the total of
(a) the candidate’s personal expenses that the candidate has paid, and
(b) the candidate’s election expenses, as set out in the candidate’s electoral campaign return.
Marginal note:Reimbursement — final instalment
477.74 (1) On receipt of the documents referred to in subsection 477.59(1), or a corrected or revised version of any of those documents, in respect of a candidate named in a certificate, the Chief Electoral Officer shall provide the Receiver General with a certificate that
(a) states that the Chief Electoral Officer is satisfied that the candidate and their official agent have complied with the requirements of subsection 477.56(2) and sections 477.59 to 477.71;
(b) states that the auditor’s report does not include a statement referred to in subsection 477.62(3);
(c) states that the candidate has incurred more than 30% of the election expenses limit calculated under section 477.49; and
(d) sets out the amount of the final instalment of the candidate’s election expenses and personal expenses reimbursement, calculated under subsection (2).
Marginal note:Calculation of reimbursement
(2) The amount referred to in paragraph (1)(d) is the lesser of
(a) 60% of the sum of the candidate’s paid election expenses and paid personal expenses, as set out in their electoral campaign return, less the partial reimbursement made under section 477.73, and
(b) 60% of the election expenses limit calculated under section 477.49, less the partial reimbursement made under section 477.73.
Marginal note:Reduction of reimbursement
(3) If a candidate’s election expenses, as set out in their electoral campaign return, exceed the election expenses limit calculated under section 477.49, the amount that is provided for in subsection (2) is reduced as follows:
(a) by one dollar for every dollar that exceeds the limit by less than 5%;
(b) by two dollars for every dollar that exceeds the limit by 5% or more but by less than 10%;
(c) by three dollars for every dollar that exceeds the limit by 10% or more but by less than 12.5%; and
(d) by four dollars for every dollar that exceeds the limit by 12.5% or more.
Marginal note:Payment of final instalment
(4) On receipt of the certificate, the Receiver General shall pay, out of the Consolidated Revenue Fund, the amount set out in it to the candidate’s official agent. The payment may be made to the person designated by the official agent.
Marginal note:Reimbursement
(5) If the amount that is provided for in subsection (2) is a negative amount after being reduced under subsection (3), the candidate’s official agent shall without delay return to the Receiver General that amount — expressed as a positive number — up to the amount of the partial reimbursement received by the official agent under section 477.73.
Marginal note:Audit fee
477.75 On receipt of the documents referred to in subsection 477.59(1), including the auditor’s report, and a copy of the auditor’s invoice for the auditor’s 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 candidate’s election expenses and $1,500, and
(b) $250.
Marginal note:Payment
477.76 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:Return of deposit
477.77 (1) The Chief Electoral Officer shall provide the Receiver General with a certificate that lists the names of
(a) each candidate, including one who has withdrawn under subsection 74(1), whose official agent the Chief Electoral Officer is satisfied has provided the documents under section 477.59 and returned any unused forms referred to in section 477.86, in accordance with subsection 477.88(2); and
(b) any candidate who has died before the closing of all the polling stations.
Marginal note:Payment
(2) On receipt of the certificate, the Receiver General shall pay out of the Consolidated Revenue Fund the amount of each listed candidate’s nomination deposit to their official agent. The payment may be made to the person designated by the official agent.
Marginal note:No official agent acting at candidate’s death
(3) If there is no official agent in the case described in paragraph (1)(b), the Chief Electoral Officer may return the nomination deposit to any person that he or she considers appropriate.
Marginal note:Forfeit to Her Majesty
(4) Any nomination deposit that is not returned under this section is forfeited to Her Majesty in right of Canada.
Marginal note:Death of candidate
477.78 If a candidate who was endorsed by a registered party dies within the period beginning at 2:00 p.m. on the fifth day before the closing day for nominations and ending on polling day,
(a) they are deemed for the purpose of section 477.73 to receive 10% of the valid votes cast in the electoral district in which they were a candidate; and
(b) in the certificate referred to in subsection 477.73(1) the Chief Electoral Officer shall set out, for the other candidates in that electoral district, the amount that is 22.5% of the election expenses limit calculated under section 477.49.
Marginal note:Withdrawal of writ
477.79 Division 1 of this Part and this Division apply to electoral campaign expenses of candidates in an electoral district in which a writ is withdrawn under subsection 59(1) or deemed to be withdrawn under subsection 31(3) of the Parliament of Canada Act, except that in such a case
(a) the election is deemed to have been held on a polling day that is the day of publication of the notice of withdrawal in the Canada Gazette under subsection 59(2) or section 551; and
(b) each candidate is deemed to have received 10% of the number of the votes that would have been validly cast at that deemed election.
Surplus of Electoral Funds
Marginal note:Surplus of electoral funds
477.8 (1) The surplus amount of electoral funds that a candidate receives for an election is the amount by which the candidate’s electoral revenues referred to in subsection (3) are more than the total of the candidate’s electoral campaign expenses paid by their official agent and the transfers referred to in subsection (4).
Marginal note:Transfer or sale of capital assets
(2) Before the surplus amount of electoral funds is disposed of in accordance with sections 477.81 and 477.82, a candidate shall either transfer any capital assets whose acquisition constitutes an electoral campaign expense within the meaning of section 375 to the registered party that has endorsed the candidate — or to the registered association of that party — or sell them at their fair market value.
Marginal note:Electoral revenues
(3) The electoral revenues of a candidate include any amount that represents
(a) a monetary contribution made to the candidate;
(b) an election expense or personal expense for which the candidate was reimbursed under this Act;
(c) the candidate’s nomination deposit for which they were reimbursed;
(d) the resale value of the capital assets referred to in subsection (2); and
(e) any other amount that was received by the candidate for their electoral campaign and that is not repayable.
Marginal note:Transfers
(4) A transfer made by a candidate is a transfer of
(a) any funds that the candidate transfers, during the election period, to a registered party or a registered association;
(b) any amount of a reimbursement referred to in paragraphs (3)(b) and (c) that the candidate transfers to that registered party; and
(c) any funds transferred by the candidate under paragraph 364(3)(d).
Marginal note:Notice of estimated surplus
477.81 (1) If the Chief Electoral Officer estimates that a candidate has a surplus of electoral funds, the Chief Electoral Officer shall issue a notice of the estimated amount of the surplus to the candidate’s official agent.
Marginal note:Disposal of surplus funds
(2) The candidate’s official agent shall dispose of a surplus of electoral funds within 60 days after the day on which they receive the notice of estimated surplus.
Marginal note:Disposal without notice
(3) If a candidate has a surplus of electoral funds but their official agent has not received a notice of estimated surplus, the official agent shall dispose of the surplus within 60 days after, as the case may be,
(a) the later of
(i) the day on which they receive the final instalment of the reimbursement of the candidate’s election expenses and personal expenses, and
(ii) the day on which they receive the reimbursement of the candidate’s nomination deposit; or
(b) the day on which the Chief Electoral Officer is provided with the candidate’s electoral campaign return, if the candidate did not receive either of the reimbursements mentioned in paragraph (a).
Marginal note:Method of disposal of surplus
477.82 A candidate’s official agent shall dispose of surplus electoral funds by transferring them
(a) in the case of a candidate who was endorsed by a registered party, to that party or to the registered association of that party in the candidate’s electoral district; or
(b) in any other case, to the Receiver General.
Marginal note:Notice of disposal of surplus
477.83 (1) A candidate’s official agent shall, within seven days after disposing of a candidate’s surplus electoral funds, give the Chief Electoral Officer a notice 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 feasible after the disposal of a candidate’s surplus electoral funds, the Chief Electoral Officer shall publish the notice in any manner that he or she considers appropriate.
Marginal note:Requisition for repayment
477.84 (1) An official agent who has disposed of a candidate’s surplus electoral funds under paragraph 477.82(b) and must subsequently pay an electoral campaign expense of the candidate may apply to the Chief Electoral Officer for repayment in an amount that is not more than the lesser of the amount of the subsequent payment and the amount of the surplus electoral funds.
Marginal note:Repayment
(2) On receipt of a request for payment from the Chief Electoral Officer in relation to an application, the Receiver General shall pay the amount specified in the application to the official agent out of the Consolidated Revenue Fund.
Marginal note:Prohibition — transfer of contributions
477.85 No registered agent of a registered party, no financial agent of a registered association and no financial agent of a nomination contestant shall transfer funds to a candidate after polling day except to pay claims related to the candidate’s electoral campaign.
Supply and Use of Forms
Marginal note:Prescribed forms — Income Tax Act
477.86 A candidate and their official agent shall use the prescribed forms for official receipts to contributors for the purpose of subsection 127(3) of the Income Tax Act.
Marginal note:Provision of forms to returning officers
477.87 The Chief Electoral Officer shall provide each returning officer with copies of prescribed forms.
Marginal note:Provision of forms to candidates
477.88 (1) A returning officer shall provide each candidate in their electoral district with a reasonable number of copies of each prescribed form requested by the candidate or by their official agent.
Marginal note:Return of unused forms
(2) A candidate and their official agent shall return any unused forms referred to in section 477.86 within a month after polling day.
Marginal note:Designated forms
(3) The Chief Electoral Officer may, from among forms that are to be provided under subsection (1), designate those that may be provided only to the official agent of a candidate whose nomination has been confirmed under subsection 71(1).
Subdivision cGifts and Other Advantages
Definition of “candidate”
477.89 For the purposes of sections 477.9 to 477.95, a candidate is deemed to have become a candidate on the earlier of
(a) the day on which they are selected at a nomination contest, and
(b) the day on which the writ is issued for the election.
Marginal note:Prohibition
477.9 (1) No candidate shall accept any gift or other advantage that might reasonably be seen to have been given to influence them in the performance of their duties and functions as a member of the House of Commons if the candidate were to be elected, during the period that
(a) begins on the day on which they are deemed to have become a candidate; and
(b) ends on
(i) the day on which they withdraw, if they withdraw in accordance with subsection 74(1),
(ii) the day on which they become a member of the House of Commons, if they are elected, or
(iii) polling day, in any other case.
Marginal note:Exception
(2) Despite subsection (1), a candidate may accept a gift or other advantage that is given by a relative or as a normal expression of courtesy or protocol.
Marginal note:Statement of candidate
(3) The candidate shall provide the Chief Electoral Officer with a statement in the prescribed form that discloses, in respect of all gifts or other advantages that the candidate accepted during the period referred to in subsection (1) whose benefit to the candidate exceeds $500 or, if accepted from the same person or entity in that period, exceeds a total of $500, other than gifts or other advantages given by relatives or made by way of an unconditional, non-discretionary testamentary disposition,
(a) the nature of each gift or other advantage, its commercial value and the cost, if any, to the candidate;
(b) the name and address of the person or entity giving the gift or other advantage; and
(c) the circumstances under which the gift or other advantage was given.
Marginal note:Clarification
(4) For the purposes of subsection (3), the benefit to a candidate of a gift or other advantage that is a service or property, or the use of property or money, is the difference between the commercial value of the service or property or the use of the property or money and the cost, if any, to the candidate.
Marginal note:Period for providing statement
(5) The candidate shall provide the statement to the Chief Electoral Officer within four months after
(a) polling day; or
(b) the day on which a notice of the withdrawal or deemed withdrawal of the writ for the election is published in the Canada Gazette under subsection 59(2) or section 551.
Marginal note:Definitions
(6) The following definitions apply in this section.
“common-law partnership”
« union de fait »
“common-law partnership” means the relationship between two persons who are cohabiting in a conjugal relationship, having so cohabited for a period of at least one year.
“gift or other advantage”
« cadeau ou autre avantage »
“gift or other advantage” means
(a) an amount of money if there is no obligation to repay it; and
(b) a service or property, or the use of property or money, that is provided without charge or at less than its commercial value.
It does not include a contribution made by an eligible individual under Division 1 of this Part to the official agent of a candidate that does not exceed the limits set out in that Division, or a provision of goods or services or a transfer of funds under section 364.
“relative”
« parent »
“relative”, in respect of a candidate, means a person related to the candidate by marriage, common-law partnership, birth, adoption or affinity.
Marginal note:Extensions — Chief Electoral Officer
477.91 (1) The Chief Electoral Officer, on the written application of a candidate, shall authorize the extension of the period referred to in subsection 477.9(5), unless he or she is satisfied that the candidate’s failure to make the statement was deliberate or was the result of the candidate’s failure to exercise due diligence.
Marginal note:Deadline
(2) The application may be made within the period referred to in subsection 477.9(5) or within two weeks after the end of that period.
Marginal note:Corrections or revisions — Chief Electoral Officer
477.92 (1) The Chief Electoral Officer, on the written application of a candidate, shall authorize the correction or revision of the statement if he or she is satisfied by the evidence submitted by the candidate that the correction or revision is necessary in order for the requirements of this subdivision to be complied with.
Marginal note:Application made without delay
(2) The application shall be made immediately after the candidate becomes aware of the need for correction or revision.
Marginal note:Deadline for corrections or revisions
(3) The candidate shall provide the Chief Electoral Officer with the corrected or revised version of the statement within 30 days after the day on which the correction or revision is authorized or within any extension of that period authorized under subsection (4) or (5).
Marginal note:New deadline
(4) The Chief Electoral Officer, on the written application of the candidate made within two weeks after the end of the 30-day period referred to in subsection (3), shall authorize the extension of that period, unless he or she is satisfied that the candidate’s failure to provide the corrected or revised version of the statement was deliberate or was the result of the candidate’s failure to exercise due diligence.
Marginal note:Extension of new deadline
(5) The Chief Electoral Officer, on the written application of the candidate made within two weeks after the end of an extension authorized under subsection (4) or under this subsection, shall authorize the further extension of that period, unless he or she is satisfied that the candidate’s failure to provide the corrected or revised version of the statement was deliberate or was the result of the candidate’s failure to exercise due diligence.
Marginal note:Extensions, corrections or revisions — judge
477.93 (1) A candidate may apply to a judge for an order
(a) authorizing an extension referred to in subsection 477.91(1); or
(b) authorizing a correction or revision referred to in subsection 477.92(1).
The candidate 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 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 477.91(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 477.91, or
(iii) the end of the extended period referred to in subsection 477.91(1); or
(b) under paragraph (1)(b), within two weeks after the rejection of an application for a correction or revision made in accordance with section 477.92.
Marginal note:Grounds — extension
(3) The judge shall grant an order authorizing an extension unless the judge is satisfied that the candidate’s failure to provide the required statement was deliberate or was the result of their failure to exercise due diligence.
Marginal note:Grounds — corrections or revisions
(4) The judge shall grant an order authorizing a correction or revision if the judge is satisfied by the evidence submitted by the candidate that the correction or revision is necessary in order for the requirements of this subdivision to be complied with.
Marginal note:Contents of order
(5) An order under subsection (1) may require that the candidate satisfy any condition that the judge considers necessary for carrying out the purposes of this Act.
Marginal note:Chief Electoral Officer to retain statements
477.94 (1) The Chief Electoral Officer shall retain in its possession the statements referred to in subsection 477.9(3) for at least one year after the return of the writ for the election.
Marginal note:Information to be kept confidential
(2) The Chief Electoral Officer shall keep the statements provided under subsection 477.9(3) confidential.
Marginal note:Exception
(3) Subsection (2) does not prohibit the Commissioner from inspecting the statements referred to in that subsection, and any of those statements may be provided to the Director of Public Prosecutions and produced by the Director for the purpose of a prosecution for an offence under this Act.
Marginal note:Prohibition — false, misleading or incomplete statement
477.95 No candidate shall provide the Chief Electoral Officer with a statement referred to in subsection 477.9(3) that
(a) the candidate 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 under that subsection.
Division 6Leadership Contestants
Interpretation
Definition of “personal expenses”
478. In this Division, “personal expenses” means the expenses of a personal nature that are reasonably incurred by or on behalf of a leadership contestant in relation to their leadership campaign and includes
(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 expenses that are related to the disability.
Subdivision aRegistration of Leadership Contestants
Marginal note:Notice of leadership contest
478.1 (1) If a registered party proposes to hold a leadership contest, the party’s chief agent 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
478.2 (1) Every person who accepts contributions for, or incurs leadership campaign expenses in relation to, their campaign for the leadership of a registered party shall apply to the Chief Electoral Officer for registration as a leadership contestant.
Marginal note:Deeming
(2) For the purposes of Division 1 of this Part and this Division, a leadership contestant is deemed to have been a leadership contestant from the time they accept a contribution, incur a leadership campaign expense or borrow money under section 373.
Marginal note:Contents of application
478.3 (1) An application for registration as a leadership contestant shall include the following:
(a) the name of the leadership contestant;
(b) the address of the place where 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 auditor; and
(d) the name and address of the leadership contestant’s financial agent.
Marginal note:Accompanying documents
(2) The application shall be accompanied by the following:
(a) the signed consent of the financial agent to act in that capacity;
(b) the signed consent of the auditor to act in that capacity;
(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 478.8(2)(d) to (g) with respect to contributions received and loans incurred before the first day of the leadership contest.
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
478.4 The Chief Electoral Officer shall maintain a registry of leadership contestants that contains the information referred to in subsection 478.3(1).
Marginal note:Appointments
478.5 (1) A leadership contestant may appoint leadership campaign agents authorized to accept contributions and to incur and pay leadership campaign expenses for the contestant. The appointment is subject to any terms and conditions that it specifies.
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 leadership campaign agent’s name and address and any terms and conditions to which the appointment is subject. The Chief Electoral Officer shall register that information in the registry of leadership contestants.
Marginal note:Agents — ineligibility
478.6 The following persons are ineligible 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 full capacity to enter into contracts in the province in which the person ordinarily resides.
Marginal note:Auditor — eligibility
478.61 (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, association or institute of professional accountants; or
(b) a partnership of which every partner is a member in good standing of a corporation, association or institute of professional accountants.
Marginal note:Auditor — ineligibility
(2) The following persons are ineligible to be an auditor:
(a) an election officer or a member of the staff of a returning officer;
(b) the chief agent of a registered party or an eligible party, or a registered agent of a registered party;
(c) a candidate or their official agent;
(d) an electoral district agent of a registered association;
(e) a leadership contestant or their leadership campaign agent;
(f) a nomination contestant or their financial agent; and
(g) a financial agent of a registered third party.
Marginal note:If partnership appointed as auditor
(3) A person may be appointed as agent for a leadership contestant even if the person is a member of a partnership that has been appointed as an auditor, in accordance with this Act, for the registered party.
Marginal note:Consent
478.62 A leadership contestant shall obtain from the financial agent or auditor, on appointment, their signed consent to act in that capacity.
Marginal note:Replacement of financial agent or auditor
478.63 In the event of the death, incapacity, resignation or ineligibility of the financial agent or auditor, or the revocation of the appointment of one, the leadership contestant shall without delay appoint a replacement.
Marginal note:Only one financial agent and auditor
478.64 A leadership contestant shall have no more than one financial agent and one auditor at a time.
Marginal note:Prohibition — agents
478.65 (1) No person who is ineligible to be a financial agent or a leadership campaign agent of a leadership contestant shall act in that capacity.
Marginal note:Prohibition — auditor
(2) No person who is ineligible to be an auditor of a leadership contestant shall act in that capacity.
Marginal note:Changes in registered information
478.66 (1) Within 30 days after a change in the information referred to in subsection 478.3(1) in respect of a leadership contestant, the leadership contestant shall report the change in writing to the Chief Electoral Officer.
Marginal note:New auditor or financial agent
(2) If the report involves the replacement of the leadership contestant’s auditor or financial agent, it shall include a copy of the signed consent referred to in section 478.62.
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 leadership contestant
478.67 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
478.68 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 party’s chief agent and indicating the date of the withdrawal. The Chief Electoral Officer shall register the withdrawal of acceptance in the registry of leadership contestants.
Marginal note:Relieved of obligations
478.69 A leadership contestant who withdraws in accordance with section 478.67 or whose acceptance is withdrawn in accordance with section 478.68 is relieved of the obligation to provide returns under section 478.81 for any period after the withdrawal.
Marginal note:Notification of registered party
478.7 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.
Subdivision bFinancial Administration of Leadership Contestants
Powers, Duties and Functions of Financial Agent
Marginal note:Duty of financial agent
478.71 A leadership contestant’s financial agent is responsible for administering the contestant’s financial transactions for their leadership campaign and for reporting on those transactions in accordance with this Act.
Marginal note:Bank account
478.72 (1) A leadership contestant’s financial agent 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 shall name the account holder as follows: “(name of financial agent), financial agent”.
Marginal note:Payments and receipts
(3) All of a leadership contestant’s financial transactions 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) After the end of the leadership contest or the withdrawal or death of the leadership contestant, the contestant’s financial agent shall close the account once all unpaid claims and surplus leadership campaign funds 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, borrowing
478.73 (1) No person or entity, other than a leadership campaign agent of a leadership contestant, shall accept contributions to the contestant’s leadership campaign or borrow money on the contestant’s behalf under section 373.
Marginal note:Prohibition — accepting goods, services or funds or transferring funds
(2) No person or entity, other than a leadership campaign agent of a leadership contestant, shall, on the contestant’s behalf,
(a) accept a provision of goods or services, or a transfer of funds, if the provision or transfer is permitted under section 364 or 365; or
(b) transfer funds, if the transfer is permitted under section 364.
Marginal note:Prohibition — accepting certain transfers of funds
(3) No leadership campaign agent of a leadership contestant shall, on the contestant’s behalf, 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 365(2).
Marginal note:Prohibition — paying leadership campaign expenses
(4) No person or entity, other than a leadership campaign agent of a leadership contestant, shall pay the contestant’s leadership campaign expenses, other than personal expenses.
Marginal note:Prohibition — incurring leadership campaign expenses
(5) No person or entity, other than the leadership contestant or one of their leadership campaign agents, shall incur the contestant’s leadership campaign expenses.
Marginal note:Prohibition — paying contestant’s personal expenses
(6) No person or entity, other than the leadership contestant or their financial agent, shall pay the contestant’s personal expenses.
Recovery of Claims for Debts
Marginal note:Claim for payment
478.74 A person who has a claim to be paid for a leadership campaign expense shall send the invoice or other document evidencing the claim to the leadership contestant’s financial agent or, if there is no financial agent, to the leadership contestant.
Marginal note:Payment within three years
478.75 (1) If a claim for a leadership campaign expense is evidenced by an invoice or other document that has been sent under section 478.74, or if a claim for repayment of a loan is made to the leadership contestant under section 373, the claim shall be paid within three years after the day on which the leadership contest ends.
Marginal note:Prohibition — payment without authorization
(2) No leadership contestant and no financial agent of a leadership contestant shall pay a claim referred to in subsection (1) after the expiry of the three-year period referred to in that subsection unless authorized to do so under section 478.77 or 478.78, or ordered to do so as a result of proceedings commenced under section 478.79.
Marginal note:Unenforceable contracts
478.76 A contract in relation to a leadership campaign is not enforceable against the leadership contestant unless it was 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
478.77 (1) On the written application of a person who has a claim to be paid for a leadership campaign expense in relation to a leadership contestant or to be paid for a loan made to the contestant under section 373, or on the written application of the contestant’s financial agent or the contestant, the Chief Electoral Officer may, on being satisfied that there are reasonable grounds for so doing, in writing authorize the contestant’s financial agent to pay the amount claimed if the payment of the expense or the repayment of the loan was not made within the three-year period referred to in subsection 478.75(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 or payments — judge
478.78 On the application of a person who has a claim to be paid for a leadership campaign expense in relation to a leadership contestant or to be paid for a loan made to the contestant under section 373, or on the application of the contestant’s financial agent or the contestant, a judge may, on being satisfied that there are reasonable grounds for so doing, by order authorize the contestant’s financial agent to pay the amount claimed if
(a) the applicant establishes that an authorization under subsection 478.77(1) has been refused and that the payment has not been made within the three-year period referred to in subsection 478.75(1); or
(b) the amount claimed has not been paid in accordance with an authorization obtained under subsection 478.77(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
478.79 A person who has sent an invoice or other document evidencing a claim under section 478.74, or has a claim for repayment of a loan made to a leadership contestant under section 373, may commence proceedings in a court of competent jurisdiction to recover any unpaid amount
(a) at any time, if the leadership contestant or their financial agent refuses to pay that amount or disputes that it is payable; and
(b) after the end of the three-year period referred to in subsection 478.75(1) or any extension of that period authorized under subsection 478.77(1) or section 478.78, in any other case.
The leadership contestant shall notify the Chief Electoral Officer that the proceedings have been commenced.
Leadership Campaign Return
Marginal note:Leadership campaign return
478.8 (1) A leadership contestant’s financial agent shall provide the Chief Electoral Officer with the following in respect of a leadership contest:
(a) a leadership campaign return, 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 478.83(1);
(c) a declaration in the prescribed form by the financial agent that the return is complete and accurate; and
(d) a declaration in the prescribed form by the leadership contestant that the return is complete and accurate.
Marginal note:Contents of return
(2) The leadership campaign return shall set out
(a) a statement of leadership campaign expenses;
(b) a statement of claims that are the subject of proceedings under section 478.79;
(c) a statement of unpaid claims, including those resulting from loans made to the leadership contestant under section 373;
(d) a statement of the terms and conditions of each loan made to the leadership contestant under section 373, including the amount of the loan, the interest rate, the lender’s name and address, the dates and amounts of repayments of principal and payments of interest, the unpaid principal remaining at the end of each calendar year and, if there is a guarantor, the guarantor’s name and address and the amount guaranteed;
(e) the total amount of contributions received by the leadership contestant;
(f) the number of contributors;
(g) 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 of those contributions and the date on which the contestant received it;
(h) the name and address of each contributor who made a contribution that includes a directed contribution as defined in subsection 365(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 and the amount transferred, as well as the dates of the receipt of the contribution and of the transfer;
(i) 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;
(j) a statement of the commercial value of goods or services provided and of funds transferred to the leadership contestant by a registered party or a registered association; and
(k) a statement of contributions received but returned in whole or in part to the contributors or otherwise dealt with in accordance with this Act.
Marginal note:Supporting documents
(3) Together with the leadership campaign return, the leadership contestant’s financial agent shall provide the Chief Electoral Officer with 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 478.85(1).
Marginal note:Additional supporting documents
(4) If the Chief Electoral Officer is of the opinion that the documents provided under subsection (3) are not sufficient, he or she may require the financial agent to provide by a specified date any additional documents that are necessary for the financial agent to comply with that subsection.
Marginal note:Report
(5) If there is any amendment to the information in a statement referred to in paragraph (2)(d), including with respect to the giving of a guarantee or suretyship in respect of the loan, then the leadership contestant’s financial agent shall without delay provide the Chief Electoral Officer with a report on the amendment in the prescribed form.
Marginal note:Publication
(6) The Chief Electoral Officer shall, in the manner that he or she considers appropriate, publish the information in a statement made under paragraph (2)(d) and any report provided under subsection (5) as soon as feasible after receiving the information or report.
Marginal note:Period for providing documents
(7) The documents referred to in subsection (1) shall be provided to the Chief Electoral Officer within six months after the end of the leadership contest.
Marginal note:Declaration of leadership contestant
(8) A leadership contestant shall, within six months after the end of the leadership contest, send their financial agent the declaration referred to in paragraph (1)(d).
Marginal note:Death of leadership contestant
(9) If a leadership contestant dies without having sent the declaration within the period referred to in subsection (8),
(a) they are deemed to have sent the declaration in accordance with that subsection; and
(b) the financial agent is deemed to have provided the declaration to the Chief Electoral Officer in accordance with subsection (1).
Marginal note:Payment of unpaid claims
(10) If a claim — including one resulting from a loan — is paid in full after the return under paragraph (1)(a) is provided to the Chief Electoral Officer, the leadership contestant’s financial agent shall provide the Chief Electoral Officer with a report in the prescribed form on the payment of the claim within 30 days after the day on which the payment is made, including information indicating the source of the funds used to pay the claim.
Marginal note:First update
(11) The leadership contestant’s financial agent shall provide the Chief Electoral Officer with an updated version of the statement of unpaid claims referred to in paragraph (2)(c), as of the day that is 18 months after the end of the leadership contest, within the period that begins 18 months after the end of the leadership contest and ends 19 months after the end of the leadership contest. The updated version shall include the following information concerning the unpaid amount of a claim, including one resulting from a loan:
(a) whether any part of the unpaid amount is disputed and, if so, what steps the parties have taken to resolve the dispute;
(b) whether the claim is the subject of proceedings under section 478.79;
(c) whether the unpaid amount of a loan is the subject of proceedings to secure its payment, or of a dispute as to the amount that was to be paid or the amount that remains unpaid;
(d) whether the parties have agreed on a repayment schedule and, if so, whether repayments are being made according to the schedule;
(e) whether the unpaid amount has been written off by the creditor as an uncollectable debt in accordance with the creditor’s normal accounting practices; and
(f) any other relevant information that could help explain why the amount is unpaid.
Marginal note:Second update
(12) The leadership contestant’s financial agent shall provide the Chief Electoral Officer with an updated version of the statement of unpaid claims referred to in paragraph (2)(c), as of the day that is 36 months after the end of the leadership contest, within the period that begins 36 months after the end of the leadership contest and ends 37 months after the end of the leadership contest. The updated version shall include the information referred to in paragraphs (11)(a) to (f).
Marginal note:Supporting documents
(13) Together with the updated versions of the statement of unpaid claims referred to in subsections (11) and (12), the leadership contestant’s financial agent shall provide the Chief Electoral Officer with documents evidencing the matters referred to in paragraphs (11)(a) to (f), including, if paragraph (11)(d) applies, a copy of the repayment schedule.
Marginal note:Additional supporting documents
(14) If the Chief Electoral Officer is of the opinion that the documents provided under subsection (13) are not sufficient, he or she may require the financial agent to provide by a specified date any additional documents that are necessary for the financial agent to comply with that subsection.
Marginal note:Irregular claims and payments
(15) The leadership contestant’s financial agent shall provide the Chief Electoral Officer with a report in the prescribed form on the payment of a claim that was subject to an authorization to pay under section 478.77 or 478.78 or an order to pay resulting from proceedings commenced under section 478.79. The financial agent shall provide the report within 30 days after the day on which the payment is made and shall include in it information indicating the source of the funds used to pay the claim.
Marginal note:Return on contributions
478.81 (1) A leadership contestant’s financial agent 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 478.8(2)(d) to (k) if the leadership contestant has, during that period, accepted contributions of more than $10,000 in total or incurred leadership campaign expenses of more than $10,000 in total. The financial agent shall provide the return within one week after the end of that period.
Marginal note:Second return
(2) The leadership contestant’s financial agent shall also provide the Chief Electoral Officer with such a return for the period beginning on the first day after the end of the period referred to in subsection (1) and ending on the day that is one week before the end of the leadership contest. The financial agent shall provide the return no later than two days before the end of the leadership contest.
Marginal note:Return on contributions
(3) The financial agent of a leadership contestant who attains the threshold for contributions or expenses as described in subsection (1) after the period referred to in that subsection shall provide the Chief Electoral Officer with a return that includes the information referred to in that subsection for the period beginning on the first day of the leadership contest and ending on the day that is one week before the end of the leadership contest. The financial agent shall provide the return no later than two days before the end of the leadership contest.
Marginal note:When contributions forwarded to Receiver General
478.82 If the name of the contributor of a contribution of more than $20 to a leadership contestant, or the name or address of a contributor who has made contributions of a total amount of more than $200 to a leadership contestant, is not known, the leadership contestant’s financial agent shall, without delay, pay an amount of money equal to the value of the contribution to the Chief Electoral Officer, who shall forward it to the Receiver General.
Marginal note:Auditor’s report
478.83 (1) As soon as feasible 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 for that contest 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 shall include in the report 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 all the information and explanations that the auditor required; or
(c) based on the examination, it appears that the financial agent has not kept proper financial records.
Marginal note:Right of access
(3) The auditor shall have access at any reasonable time to all of the leadership contestant’s documents, and may require the contestant and their financial agent to provide any information or explanation that, in the auditor’s opinion, may be necessary to enable the auditor to prepare the report.
Marginal note:Ineligible to prepare report
(4) No person referred to in subsection 478.61(2) who is a partner or an associate of a leadership contestant’s auditor or who is an employee of that auditor, or of the firm in which that auditor is a partner or associate, shall participate, other than in the manner referred to in subsection (3), in the preparation of the auditor’s report.
Marginal note:Leadership contestants outside Canada
478.84 (1) Despite subsection 478.8(7), a leadership contestant who is outside Canada when the documents referred to in paragraphs 478.8(1)(a) to (c) are provided to the Chief Electoral Officer need not send their financial agent the declaration referred to in paragraph 478.8(1)(d) within the period referred to in subsection 478.8(7), but if the contestant does not send it to their financial agent within that period then the contestant shall provide the Chief Electoral Officer with the declaration no later than 14 days after the day on which the contestant returns to Canada.
Marginal note:Financial agent relieved of obligation
(2) Despite subsection 478.8(1), the financial agent need not provide the Chief Electoral Officer with the leadership contestant’s declaration referred to in paragraph 478.8(1)(d) if, in the circumstances set out in subsection (1), the contestant has not sent it to the financial agent.
Marginal note:Statement of personal expenses
478.85 (1) A leadership contestant shall, within five months after the end of the leadership contest, send their financial agent a written statement in the prescribed form that
(a) sets out the amount of any personal expenses that the contestant paid and details of those personal expenses, including documentation of their payment; or
(b) declares that the contestant did not pay for any personal expenses.
Marginal note:Death of contestant
(2) Subsection (1) does not apply to a leadership contestant who dies before the end of the five-month period referred to in that subsection without having sent the written statement.
Corrections, Revisions and Extended Reporting Periods
Marginal note:Minor corrections — Chief Electoral Officer
478.86 (1) The Chief Electoral Officer may correct a document referred to in subsection 478.8(1), (10), (11), (12) or (15) if the correction does not materially affect its substance.
Marginal note:Corrections or revisions at request of Chief Electoral Officer
(2) The Chief Electoral Officer may in writing request a leadership contestant’s financial agent to correct or revise, within a specified period, a document referred to in subsection 478.8(1), (10), (11), (12) or (15).
Marginal note:Deadline for correction or revision
(3) If the Chief Electoral Officer requests the correction or revision, the leadership contestant’s financial agent shall provide the Chief Electoral Officer with the corrected or revised version of the document within the specified period.
Marginal note:Extensions — Chief Electoral Officer
478.87 (1) The Chief Electoral Officer, on the written application of a leadership contestant or their financial agent, shall authorize the extension of a period referred to in subsection 478.8(7), (10), (11), (12) or (15), unless he or she 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:Deadline
(2) The application may be made within the period referred to in subsection 478.8(7), (10), (11), (12) or (15) or within two weeks after the end of that period.
Marginal note:Corrections or revisions — Chief Electoral Officer
478.88 (1) The Chief Electoral Officer, on the written application of a leadership contestant or their financial agent, shall authorize the correction or revision of a document referred to in subsection 478.8(1), (10), (11), (12) or (15) if he or she 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:Application made without delay
(2) The application shall be made immediately after the applicant becomes aware of the need for correction or revision.
Marginal note:Deadline for correction or revision
(3) The applicant shall provide the Chief Electoral Officer with the corrected or revised version of the document within 30 days after the day on which the correction or revision is authorized or within any extension of that period authorized under subsection (4) or (5).
Marginal note:New deadline
(4) The Chief Electoral Officer, on the written application of the applicant made within two weeks after the end of the 30-day period referred to in subsection (3), shall authorize the extension of that period, unless he or she is satisfied that the applicant’s failure to provide the corrected or revised version of the document was deliberate or was the result of the applicant’s failure to exercise due diligence.
Marginal note:Extension of new deadline
(5) The Chief Electoral Officer, on the written application of the applicant made within two weeks after the end of an extension authorized under subsection (4) or under this subsection, shall authorize the further extension of that period, unless he or she is satisfied that the applicant’s failure to provide the corrected or revised version of the document was deliberate or was the result of the applicant’s failure to exercise due diligence.
Marginal note:Extensions, corrections or revisions — judge
478.89 (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.
Marginal note:Appearance of financial agent before judge
478.9 (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.
Marginal note:Recourse of contestant for fault of financial agent
478.91 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.
Marginal note:Destruction of documents — judge
478.92 (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.
Marginal note:Prohibition — false, misleading or incomplete document
478.93 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.
Surplus of Leadership Campaign Funds
Marginal note:Surplus of leadership campaign funds
478.94 The surplus amount of leadership campaign funds that a leadership contestant receives for a leadership contest is the amount by which the sum of contributions accepted by the leadership campaign agents on behalf of the contestant, amounts referred to in subsection 365(3) and any other amounts received by the contestant for their leadership campaign that are not repayable is more than the sum of the contestant’s leadership campaign expenses paid under this Act and any transfers referred to in paragraph 364(5)(b).
Marginal note:Notice of estimated surplus
478.95 (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:Disposal of surplus funds
(2) The leadership contestant’s financial agent shall dispose of a surplus of leadership campaign funds within 60 days after the day on which they receive the notice of estimated surplus.
Marginal note:Disposal without notice
(3) If a leadership contestant has a surplus of leadership campaign funds but their financial agent has not received a notice of estimated surplus, the financial agent shall dispose of the surplus within 60 days after the day on which the Chief Electoral Officer is provided with the contestant’s leadership campaign return.
Marginal note:Method of disposal of surplus
478.96 The leadership contestant’s financial agent shall dispose of surplus leadership campaign funds by transferring them to the registered party that is holding the leadership contest or a registered association of that party.
Marginal note:Notice of disposal of surplus
478.97 (1) A leadership contestant’s financial agent shall, within seven days after disposing of the contestant’s surplus leadership campaign funds, give the Chief Electoral Officer a notice 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 feasible after the disposal of a leadership contestant’s surplus leadership campaign funds, the Chief Electoral Officer shall publish the notice in any manner that he or she considers appropriate.
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