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

Full Document:  

Act current to 2022-01-12 and last amended on 2021-06-29. Previous Versions

PART 18Financial Administration (continued)

DIVISION 4Nomination Contestants

Interpretation

Marginal note:Definition of selection date

 In this Division, selection date means the date on which a nomination contest is decided. (date de désignation)

 [Repealed, 2018, c. 31, s. 399]

 [Repealed, 2018, c. 31, s. 399]

SUBDIVISION ANomination Contest Report

Marginal note:Notice of nomination contest

  •  (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).

  • 2014, c. 12, s. 86

Marginal note:Deeming

 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.

  • 2014, c. 12, s. 86

Marginal note:Duty to appoint financial agent

 A nomination contestant shall appoint a financial agent before accepting a contribution or incurring a nomination campaign expense.

  • 2014, c. 12, s. 86

Marginal note:Financial agent — ineligibility

  •  (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.

  • 2014, c. 12, s. 86

Marginal note:Consent

 A nomination contestant shall obtain from the financial agent, on appointment, their signed consent to act in that capacity.

  • 2014, c. 12, s. 86

Marginal note:Replacement of financial agent

 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.

  • 2014, c. 12, s. 86

Marginal note:Only one financial agent

 A nomination contestant shall have no more than one financial agent at a time.

  • 2014, c. 12, s. 86

Marginal note:Prohibition — financial agents

 No person who is ineligible to be a financial agent of a nomination contestant shall act in that capacity.

  • 2014, c. 12, s. 86

Marginal note:Changes in reported information

  •  (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.

  • 2014, c. 12, s. 86

SUBDIVISION BFinancial Administration of Nomination Contestants

Powers, Duties and Functions of Financial Agent

Marginal note:Duty of financial agent

 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.

  • 2014, c. 12, s. 86

Marginal note:Bank account

  •  (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:Deposits into account

    (3) All of a nomination contestant’s financial transactions in relation to the contestant’s nomination campaign that involve the receipt of money are to be deposited to the account unless the transaction involves the receipt of the contestant’s own funds and those funds are used to pay a litigation expense or a personal expense.

  • Marginal note:Payments from account

    (3.1) All of a nomination contestant’s financial transactions in relation to the contestant’s nomination campaign that involve the payment of money are to be paid from the account unless the transaction involves the payment out of the contestant’s own funds of a litigation expense or a personal expense.

  • 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

  •  (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 a nomination contestant’s financial agent, shall pay the contestant’s nomination campaign expenses except for

    • (a) a litigation expense;

    • (b) travel and living expenses;

    • (c) a personal expense; or

    • (d) a petty expense referred to in section 381.

  • Marginal note:Prohibition — incurring nomination campaign expenses

    (5) Subject to section 348.02, 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, etc.

    (6) No person or entity, other than the nomination contestant or their financial agent, shall pay the contestant’s expenses referred to in any of paragraphs 4(a) to (c).

Marginal note:Limits on nomination contest expenses

 The limit for nomination contest 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 subsection 477.49(1) 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

  •  (1) No nomination contestant and no financial agent of a nomination contestant shall incur total nomination contest 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.

  • 2014, c. 12, s. 86
  • 2018, c. 20, s. 5
Recovery of Claims for Debts

Marginal note:Claim for payment

 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.

  • 2014, c. 12, s. 86

Marginal note:Payment within three years

  •  (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.

  • 2014, c. 12, s. 86

Marginal note:Unenforceable contracts

 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.

  • 2014, c. 12, s. 86

Marginal note:Irregular claims or payments — Chief Electoral Officer

  •  (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).

  • 2014, c. 12, s. 86

Marginal note:Irregular claims or payments — judge

 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.

  • 2014, c. 12, s. 86

Marginal note:Proceedings to recover payment

 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.

  • 2014, c. 12, s. 86
 
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