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

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 contest expenses;

  • (a.1) a statement of litigation expenses that includes an indication of which of those expenses were paid other than from the bank account referred to in subsection 476.65(1) and the source of the funds used to pay them;

  • (a.2) a statement of travel and living expenses;

  • (a.3) a statement of personal expenses that includes an indication of which of those expenses were paid other than from the bank account referred to in subsection 476.65(1) and the source of the funds used to pay them;

  • (a.4) a statement of nomination campaign expenses, other than the expenses referred to in paragraphs (a) to (a.3);

  • (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 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 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;

  • (b) the financial 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 purpose of section 476.901.

• 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.