An Act to amend the Canada Elections Act and the Income Tax Act (political financing) (S.C. 2003, c. 19)
Full Document:
Assented to 2003-06-19
52. Paragraph 469(a) of the Act is replaced by the following:
(a) he or she is deemed for the purpose of section 464 to receive 10% of the valid votes cast in the electoral district in which he or she was a candidate; and
53. (1) Paragraph 470(1)(b) of the Act is replaced by the following:
(b) each candidate is deemed to have obtained 10% of the votes that would have been validly cast at that deemed election; and
(2) The portion of paragraph 470(1)(c) of the Act before subparagraph (i) is replaced by the following:
(c) on receipt of a certificate referred to in section 464 or 465, the Receiver General shall pay out of the Consolidated Revenue Fund to the candidate’s official agent — or may alternatively pay to the person designated by the agent — the lesser of
54. Paragraphs 471(3)(a) and (b) of the Act are replaced by the following:
(a) any funds that the candidate transfers, during the election, to a registered party or a registered association;
(b) any amount of a reimbursement referred to in paragraphs (2)(b) and (c) that the candidate transfers to that registered party; and
(c) any funds transferred by the candidate under paragraph 404.2(2)(d).
55. Paragraph 473(2)(a) of the Act is replaced by the following:
(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
56. Section 476 of the Act is replaced by the following:
Marginal note:Prohibition — transfer of contributions
476. No registered agent of a registered party, financial agent of a registered association or 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.
57. The Act is amended by adding the following after section 478:
Division 5Nomination Contest Report and Financial Administration of Nomination Contestants
Nomination Contest Report
Marginal note:Definitions
478.01 The definitions in this section apply in this Division.
“personal expenses”
« dépense personnelle »
“personal expenses” means the expenses that are reasonably incurred by or on behalf of a nomination contestant in relation to a nomination campaign and include
(a) travel and living expenses;
(b) childcare expenses;
(c) expenses relating to the provision of care for a person with a physical or mental incapacity for whom the contestant normally provides such care; and
(d) in the case of a contestant who has a disability, additional personal expenses that are related to the disability.
“selection date”
« date de désignation »
“selection date” means the date on which a nomination contest is decided.
Marginal note:Notice of nomination contest
478.02 (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 his or her 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
478.03 For the purposes of this Part, a nomination contestant is deemed to have been a nomination contestant from the time he or she accepts a contribution or incurs a nomination campaign expense.
Marginal note:Duty to appoint financial agent
478.04 No nomination contestant shall, in relation to his or her nomination campaign, accept contributions or incur nomination campaign expenses unless he or she has appointed a financial agent.
Marginal note:Agents — ineligible persons
478.05 (1) The following persons are not eligible 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 the capacity to enter into contracts in the province in which the person ordinarily resides.
Marginal note:Where member of partnership appointed as agent
(2) A person may be appointed as agent for a nomination contestant notwithstanding that the person is a member of a partnership that has been appointed as an auditor, in accordance with the Act for the registered party.
Marginal note:Consent
478.06 A nomination contestant shall obtain from the financial agent, on appointment, their signed consent to so act.
Marginal note:Replacement of financial agent
478.07 In the event of the death, incapacity, resignation or revocation of the appointment of the financial agent, a nomination contestant shall without delay appoint a replacement.
Marginal note:Only one financial agent
478.08 A nomination contestant shall have no more than one financial agent at a time.
Marginal note:Prohibition — agents
478.09 No person who is not eligible to be the financial agent of a nomination contestant shall so act.
Marginal note:Changes in reported information
478.1 (1) Within 30 days after a change in the information referred to in paragraph 478.02(1)(c), a nomination contestant shall report the change in writing to the Chief Electoral Officer.
Marginal note:New financial agent
(2) A report under subsection (1) that involves the replacement of the financial agent of the nomination contestant must include a copy of the signed consent under section 478.06.
Financial Administration of Nomination Contestants
Powers, Duties and Functions of Financial Agent
Marginal note:Duty of financial agent
478.11 The financial agent of a nomination contestant is responsible for administering the contestant’s financial transactions for his or her nomination campaign and for reporting on those transactions in accordance with the provisions of this Act.
Marginal note:Bank account
478.12 (1) The financial agent of a nomination contestant 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 must name the account holder as follows: “(name of financial agent), financial agent”.
Marginal note:Payments and receipts
(3) All financial transactions of the nomination contestant 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, the financial agent of a nomination contestant shall close the account once any unpaid claims or 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
478.13 (1) No person, other than the financial agent of a nomination contestant, shall accept contributions to the contestant’s nomination campaign.
Marginal note:Accepting certain contributions prohibited
(2) No financial agent of a nomination contestant shall accept a transfer from a registered party or registered association.
Marginal note:Prohibition — paying nomination campaign expenses
(3) No person or entity, other than the financial agent of a nomination contestant, shall pay nomination campaign expenses, other than personal expenses, of the contestant.
Marginal note:Prohibition — incurring nomination campaign expenses
(4) No person or entity, other than a nomination contestant or his or her financial agent, shall incur nomination campaign expenses of the contestant.
Marginal note:Prohibition — contestant’s personal expenses
(5) No person, other than a nomination contestant or his or her financial agent, shall pay the contestant’s personal expenses.
Marginal note:Limits on expenses
478.14 The limit for nomination campaign expenses — other than personal expenses as defined in section 478.01 — that is allowed for a nomination contestant in an electoral district is the amount
(a) that is 20% of the limit that was allowed under section 440 for a candidate’s election expenses 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 — expenses more than maximum
478.15 (1) No nomination contestant or financial agent of a nomination contestant shall incur nomination campaign expenses — other than personal expenses as defined in section 478.01 — in an amount that is more than the limit allowed for that electoral district under section 478.14.
Marginal note:Prohibition — collusion
(2) No person or entity shall
(a) circumvent, or attempt to circumvent, the limit referred to in section 478.14; or
(b) act in collusion with another person or entity for that purpose.
Recovery of Claims
Marginal note:Claim for payment
478.16 (1) A person who has a claim to be paid for an expense in relation to a nomination campaign shall send the invoice or other document evidencing the claim to
(a) the nomination contestant’s financial agent; or
(b) the nomination contestant, if there is no financial agent.
Marginal note:Bar to recovery
(2) A claimant is barred from recovery of a claim to be paid if the invoice or other document evidencing the claim is sent more than three months after the selection date.
Marginal note:Deceased claimant
(3) If a claimant dies before the end of the three-month period, a new three-month period begins, for the purposes of subsection (1), on the day on which the claimant’s legal representative becomes entitled to act for the claimant.
Marginal note:Payment within four months
478.17 (1) A claim for nomination campaign expenses that has been sent in accordance with section 478.16 must be paid within four months after the selection date, or in the case referred to in subsection 478.23(7), the polling day.
Marginal note:Exceptions
(2) The requirement to pay a claim within four months does not apply to a claim in respect of which
(a) the documents may be sent within a new period under subsection 478.16(3);
(b) the Chief Electoral Officer has authorized payment under section 478.19;
(c) a judge has authorized payment under section 478.2; or
(d) proceedings have been commenced under section 478.21.
Marginal note:Unenforceable contracts
478.18 A contract involving a nomination campaign expense in relation to a nomination contestant is not enforceable against the contestant unless entered into by the contestant personally or by the contestant’s financial agent.
Marginal note:Irregular claims or payments — Chief Electoral Officer
478.19 (1) On the written application of a person with a claim to be paid for a nomination campaign expense in relation to a nomination contestant or of the contestant’s financial agent or the contestant in relation to such a claim, the Chief Electoral Officer may, on being satisfied that there are reasonable grounds for so doing, in writing authorize the payment, through the contestant’s financial agent, of the amount claimed if
(a) the invoice or other document evidencing the claim was not sent in accordance with section 478.16; or
(b) the payment was not made in accordance with subsection 478.17(1).
Marginal note:Conditions
(2) The Chief Electoral Officer may impose any term or condition that he or she considers appropriate on a payment authorized under subsection (1).
Marginal note:Irregular claims and payments — judge
478.2 On the application of a person with a claim to be paid for a nomination campaign expense in relation to a nomination contestant or on the application of the contestant’s financial agent or the contestant, as the case may be, a judge who is competent to conduct a recount may, on being satisfied that there are reasonable grounds for so doing, by order authorize the payment, through the contestant’s financial agent, of the amount claimed if
(a) the applicant establishes that an authorization under subsection 478.19(1) has been refused and that the invoice or other document evidencing the claim was not sent in accordance with section 478.16 or the payment has not been made in the four-month period referred to in subsection 478.17(1); or
(b) the amount claimed has not been paid in accordance with an authorization obtained under subsection 478.19(1) and the applicant establishes their inability to comply with the authorization for reasons beyond their control.
The applicant shall notify the Chief Electoral Officer that the application has been made.
Marginal note:Proceedings to recover payment
478.21 (1) A person who has sent a claim in accordance with section 478.16 may commence proceedings in a court of competent jurisdiction to recover any unpaid amount
(a) at any time, if the nomination contestant or his or her financial agent refuses to pay that amount or disputes that it is payable; or
(b) after the end of the period referred to in subsection 478.17(1) or any extension of that period authorized by subsection 478.19(1) or section 478.2, in any other case.
Marginal note:Payment deemed properly made
(2) An amount paid by the financial agent of a nomination contestant as a result of proceedings referred to in subsection (1) is deemed to have been paid in accordance with this Act.
Marginal note:Deemed contributions
478.22 (1) An unpaid claim mentioned in a return referred to in subsection 478.23(1) that remains unpaid, in whole or in part, on the day that is 18 months after the selection date — or in the case referred to in subsection 478.23(7), after the polling day — is deemed to be a contribution of the unpaid amount to the nomination contestant made as of the day on which the expense was incurred.
Marginal note:When no deemed contribution
(2) Subsection (1) does not apply to an unpaid claim that, on the day referred to in that subsection,
(a) is the subject of a binding agreement to pay;
(b) is the subject of a legal proceeding to secure its payment;
(c) is the subject of a dispute as to the amount the nomination contestant was liable to pay or the amount that remains unpaid; or
(d) has been written off by the creditor as an uncollectable debt in accordance with the creditor’s normal accounting practices.
Marginal note:Notice
(3) A nomination contestant or a financial agent who believes that any of paragraphs (2)(a) to (d) applies to a liability to pay an amount shall so notify the Chief Electoral Officer before the day referred to in subsection (1).
Marginal note:Publication of deemed contributions
(4) As soon as practicable after the day referred to in subsection (1), the Chief Electoral Officer shall, in any manner that he or she considers appropriate, publish the list of claims that are deemed under subsection (1) to be contributions.
Return on Financing and Expenses in a Nomination Campaign
Marginal note:Nomination campaign return
478.23 (1) The financial agent of a nomination contestant 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 campaign:
(a) a nomination campaign return, substantially 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 478.25(1), the auditor’s report on the return made under section 478.28;
(c) a declaration, in the prescribed form, made by the financial agent that the return is complete and accurate; and
(d) a declaration, in the prescribed form, made by the nomination contestant that the return is complete and accurate.
Marginal note:Contents of return
(2) The nomination campaign return shall include the following in respect of the nomination contestant:
(a) a statement of nomination campaign expenses;
(b) a statement of disputed claims that are the subject of proceedings under section 478.21;
(c) a statement of unpaid claims that are, or may be, the subject of an application under section 478.19 or 478.2;
(d) a statement of contributions received from any of the following classes of contributor: individuals, corporations, trade unions and associations as defined in subsection 405.3(3);
(e) the number of contributors in each class listed in paragraph (d);
(e.1) in the case of a contributor that is an association as defined in subsection 405.3(3),
(i) the name and address of the association, the amount of its contribution and the date on which it was received by the nomination contestant, and
(ii) the name and address of each individual whose money forms part of the contribution, the amount of money provided by that individual that is included in the contribution and the date on which it was provided to the association;
(f) the name and address of each other 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 such contribution and the date on which it was received by the contestant;
(g) in the case of a numbered company that is a contributor referred to in paragraph (f), the name of the chief executive officer or president of that company;
(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 and of funds transferred to the nomination contestant from himself or herself in his or her capacity as a candidate; and
(j) a statement of the contributions received but returned to the contributor or otherwise dealt with in accordance with this Act.
Marginal note:Supporting documents
(3) Together with the nomination campaign return, the financial agent of a nomination contestant shall provide to the Chief Electoral Officer documents evidencing expenses set out in the return, including bank statements, deposit slips, cancelled cheques, any statements and declarations provided to the financial agent by virtue of paragraph 405.3(2)(c) and subsection 405.3(4) and the contestant’s written statement concerning personal expenses referred to in subsection 478.31(1).
Marginal note:Order for additional supporting documents
(4) If the Chief Electoral Officer is of the opinion that the documents provided under subsection (3) are not sufficient, the Chief Electoral Officer may require the financial agent to provide by a specified date any additional documents that are necessary to comply with that subsection.
Marginal note:Loans
(5) For the purpose of subsection (2), other than paragraph (2)(i), a contribution includes a loan.
Marginal note:Period for providing documents
(6) The documents referred to in subsection (1) must be provided to the Chief Electoral Officer within four months after the selection date.
Marginal note:Exception
(7) Despite subsection (6), if the selection date of a nomination contest falls within an election period for that electoral district or the 30 days before it, a nomination contestant may submit the documents referred to in subsection (1) within the period for candidates referred to in subsection 451(4).
Marginal note:Declaration of nomination contestant
(8) A nomination contestant shall, within four months after the selection date, send to his or her 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) he or she is deemed to have sent the declaration in accordance with that subsection; and
(b) the financial agent is deemed to have sent the declaration to the Chief Electoral Officer in accordance with subsection (1).
Marginal note:When contributions forwarded to Receiver General
478.24 The financial agent of a nomination contestant shall, without delay, pay an amount of money equal to the value of a contribution received by the contestant to the Chief Electoral Officer who shall forward it to the Receiver General, if
(a) the financial agent cannot determine to which of the classes listed in paragraph 478.23(2)(d) the contributor belongs; or
(b) the name of the contributor of a contribution of more than $25, the name or the address of the contributor having made contributions of a total amount of more than $200 or the name of the chief executive officer or president of a contributor referred to in paragraph 478.23(2)(g) is not known.
Marginal note:Appointment of auditor
478.25 (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 must appoint an auditor without delay.
Marginal note:Eligibility criteria
(2) 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, an association or an institute of professional accountants; or
(b) a partnership every partner of which is a member in good standing of a corporation, an association or an institute of professional accountants.
Marginal note:Ineligibility criteria
(3) The following persons are not eligible to be an auditor for a nomination contestant:
(a) election officers and members of the staff of returning officers;
(b) chief agents of registered parties or eligible parties and registered agents of registered parties;
(c) candidates and official agents of candidates;
(d) electoral district agents of registered associations;
(e) leadership contestants and their leadership campaign agents;
(f) nomination contestants and their financial agents; and
(g) financial agents of registered third parties.
Marginal note:Notification of appointment
(4) Every nomination contestant, without delay after an auditor is appointed, must provide the Chief Electoral Officer with the auditor’s name, address, telephone number and occupation and a signed declaration by the auditor accepting the appointment.
Marginal note:New auditor
(5) If a nomination contestant’s auditor is replaced, the contestant must, without delay, provide the Chief Electoral Officer with the new auditor’s name, address, telephone number and occupation and a signed declaration accepting the appointment.
Marginal note:Only one auditor
478.26 A nomination contestant shall have no more than one auditor at a time.
Marginal note:Prohibition — auditors
478.27 No person who is not eligible to be an auditor of a nomination contestant shall so act.
Marginal note:Auditor’s report
478.28 (1) An auditor of a nomination contestant appointed in accordance with subsection 478.25(1) shall, as soon as practicable after the selection date, report to the nomination 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’s report shall include any statement that the auditor considers necessary if
(a) the return does not present fairly the information contained in the financial records on which it is based;
(b) the auditor has not received from the nomination contestant or his or her financial agent all the information and explanation that the auditor required; or
(c) based on the examination, it appears that proper accounting records have not been kept by the financial agent.
Marginal note:Right of access
(3) The auditor shall have access at any reasonable time to all documents of the nomination contestant, and may require the contestant and his or her financial agent to provide any information or explanation that, in the auditor’s opinion, is necessary to enable the auditor to prepare the report.
Marginal note:Ineligible to prepare report
(4) A person referred to in subsection 478.25(3) who is a partner or an associate of an auditor of a nomination contestant or who is an employee of that auditor, or of the firm in which that auditor is a partner or associate, may not participate, other than in the manner referred to in subsection (3), in the preparation of the auditor’s report.
Marginal note:Extended period for nomination contestants outside Canada
478.29 (1) Despite subsection 478.23(6), a nomination contestant who is outside Canada when the other documents referred to in subsection 478.23(1) are provided shall, within 14 days after returning to Canada, provide the Chief Electoral Officer with the nomination contestant’s declaration concerning his or her nomination campaign return referred to in paragraph 478.23(1)(d).
Marginal note:No extended period for financial agent
(2) Subsection (1) does not apply to excuse a nomination contestant’s financial agent from complying with his or her obligations under this Act to prepare the return on the contestant’s nomination campaign expenses and make a declaration concerning it referred to in paragraph 478.23(1)(c).
Marginal note:Updating financial reporting documents
478.3 (1) After the period referred to in subsection 478.23(6) or (7), as the case may be, the nomination contestant’s financial agent shall provide the Chief Electoral Officer with an updated version of any document referred to in subsection 478.23(1) that relates to a claim involving
(a) an extended period of recoverability under subsection 478.16(3) because of the death of a claimant;
(b) an authorization to pay under section 478.19;
(c) an order to pay under section 478.2; or
(d) a disputed claim under section 478.21.
Marginal note:When no update for audit required
(2) If the matters dealt with in the updated versions of the documents have been subject to an audit under section 478.28, an updated version of the auditor’s report need not be provided.
Marginal note:Period for providing update
(3) The nomination contestant’s financial agent shall provide an updated version of a document referred to in subsection 478.23(1) within 30 days after making a payment that is dealt with in the updated version.
Marginal note:Statement of personal expenses
478.31 (1) A nomination contestant shall, within three months after the selection date, send to his or her financial agent a written statement in the prescribed form that
(a) sets out the amount of any personal expenses that he or she paid and details of those personal expenses, including documentation of their payment; or
(b) declares that he or she did not pay for any personal expenses.
Marginal note:Death of contestant
(2) Subsection (1) does not apply to a nomination contestant who dies without having sent the written statement referred to in that subsection before the end of the three-month period referred to in it.
Corrections and Extended Reporting Periods
Marginal note:Minor corrections — Chief Electoral Officer
478.32 (1) The Chief Electoral Officer may correct a document referred to in subsection 478.23(1) or 478.3(1), if the correction does not materially affect its substance.
Marginal note:Corrections at request of Chief Electoral Officer
(2) The Chief Electoral Officer may in writing request the nomination contestant or his or her financial agent to correct, within a specified period, a document referred to in subsection 478.23(1) or 478.3(1).
Marginal note:Extension or correction — Chief Electoral Officer
478.33 (1) The Chief Electoral Officer, on the written application of a nomination contestant or his or her financial agent, may authorize
(a) the extension of a period provided in subsection 478.23(6) or 478.3(3); or
(b) the correction, within a specified period, of a document referred to in subsection 478.23(1) or updated document referred to in subsection 478.3(1).
Marginal note:Deadline
(2) An application may be made
(a) under paragraph (1)(a), within the period provided in subsection 478.23(6) or 478.3(3), as the case may be; and
(b) under paragraph (1)(b), as soon as the applicant becomes aware of the need for correction.
Marginal note:Grounds
(3) The Chief Electoral Officer may not authorize an extension or correction unless he or she is satisfied by the evidence submitted by the applicant that the circumstances giving rise to the application arose by reason of
(a) the illness of the applicant;
(b) the absence, death, illness or misconduct of the financial agent or a predecessor;
(c) the absence, death, illness or misconduct of a clerk or an officer of the financial agent, or a predecessor of one of them; or
(d) inadvertence or an honest mistake of fact.
Marginal note:Extension or correction — judge
478.34 (1) A nomination contestant or his or her financial agent may apply to a judge who is competent to conduct a recount for an order
(a) relieving the contestant or financial agent from complying with a request referred to in subsection 478.32(2); or
(b) authorizing an extension referred to in paragraph 478.33(1)(a) or correction referred to in paragraph 478.33(1)(b).
The applicant shall notify the Chief Electoral Officer of the application.
Marginal note:Deadline
(2) An application may be made
(a) under paragraph (1)(a), within the specified period referred to in subsection 478.32(2) or within the two weeks after the expiration of that period; or
(b) under paragraph (1)(b), within two weeks after, as the case may be,
(i) the rejection of an application, made in accordance with section 478.33, for the extension or correction, or
(ii) the expiration of the extended period or specified period authorized under paragraph 478.33(1)(a) or (b).
Marginal note:Grounds
(3) A judge may not grant an order unless he or she is satisfied that the circumstances giving rise to the application arose by reason of one of the factors referred to in subsection 478.33(3).
Marginal note:Contents of order
(4) An order under subsection (1) may require that the applicant satisfy any condition that the judge considers necessary for carrying out the purposes of this Act.
Marginal note:Refusal or failure of financial agent
478.35 (1) A judge dealing with an application under section 478.34 or 478.36 who is satisfied that a nomination contestant or a financial agent has not provided the documents referred to in subsection 478.23(1) in accordance with this Act because of a refusal by, or a failure of, the financial agent or a predecessor of the financial agent shall, by order served personally, require the financial agent or that predecessor to appear before the judge.
Marginal note:Show cause orders
(2) The judge shall, unless the financial agent or predecessor on his or her appearance shows cause why an order should not be issued, order in writing that the agent or predecessor
(a) do anything that the judge considers appropriate in order to remedy the refusal or failure; or
(b) be examined concerning any information that pertains to the refusal or failure.
Marginal note:Recourse of contestant for fault of financial agent
478.36 A nomination contestant may apply to a judge who is competent to conduct a recount for an order that relieves the contestant from any liability or consequence under this or any other Act of Parliament in relation to an act or omission of the contestant’s financial agent, if the contestant establishes that
(a) it occurred without his or her knowledge or acquiescence; or
(b) he or she exercised all due diligence to avoid its occurrence.
The contestant or his or her financial agent shall notify the Chief Electoral Officer that the application has been made.
Marginal note:Destruction of documents — judge
478.37 (1) A nomination contestant or his or her financial agent may apply to a judge who is competent to conduct a recount for an order relieving the financial agent from the obligation to provide a document referred to in subsection 478.23(1) or 478.3(1). The contestant or financial agent shall notify the Chief Electoral Officer that the application has been made.
Marginal note:Grounds
(2) The judge may not grant the order unless he or she is satisfied that the applicant cannot provide the documents because of their destruction by a superior force, including a flood, fire or other disaster.
Marginal note:Date of relief
(3) For the purposes of this Act, the applicant is relieved from the obligation referred to in subsection (1) on the date of the order.
Marginal note:Prohibition — false, misleading or incomplete returns
478.38 No nomination contestant and no financial agent of a nomination contestant shall provide the Chief Electoral Officer with a document referred to in subsection 478.23(1) or 478.3(1) that
(a) the contestant or the financial agent, as the case may be, knows or ought reasonably to know contains a material statement that is false or misleading; or
(b) does not substantially set out the information required by subsection 478.23(2) or required to be updated under subsection 478.3(1).
Surplus of Nomination Campaign Funds
Marginal note:Surplus of nomination campaign funds
478.39 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 his or her 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 404.2(3)(b).
Marginal note:Notice of assessment and estimate of surplus campaign funds
478.4 (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:Disposition of surplus by financial agent
(2) The financial agent of a nomination contestant who has a surplus of nomination campaign funds but has not received a notice of estimated surplus under subsection (1) shall dispose of that estimated surplus within 60 days after the provision of the contestant’s nomination campaign return.
Marginal note:Period for disposal of surplus funds
478.41 (1) The financial agent of a nomination contestant shall dispose of a surplus of nomination campaign funds within 60 days after receiving the notice of estimated surplus.
Marginal note:Remittance of surplus
(2) Surplus nomination campaign funds must be transferred 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
478.42 (1) The financial agent of a nomination contestant shall, within seven days after disposing of the contestant’s surplus nomination campaign funds, notify the Chief Electoral Officer in the prescribed form of the amount and date of the disposal and to whom the surplus was transferred.
Marginal note:Publication
(2) As soon as practicable after the disposal of a nomination contestant’s surplus nomination campaign funds, the Chief Electoral Officer shall, in any manner that he or she considers appropriate, publish a notice referred to in subsection (1).
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