Publication of
electoral and
election
expense
returns
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412. (1) Within a year after the issue of a
writ for an election, the Chief Electoral
Officer shall, in the manner that he or she
considers appropriate, publish the electoral
campaign returns and the returns for general
election expenses that candidates or registered
parties provided to the Chief Electoral Officer
under this Act.
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Publication of
returns on
financial
transactions
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(2) The Chief Electoral Officer shall, as
soon as practicable after their receipt, publish
the returns on financial transactions that
registered parties provided to the Chief
Electoral Officer under this Act in a manner
that he or she considers appropriate.
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Summary of
return on
candidates'
election
expenses
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(3) As soon as is practicable after receiving
candidates' electoral campaign returns in an
election for each electoral district, the Chief
Electoral Officer shall publish a summary
report on those returns in the manner that he or
she considers appropriate, including the
maximum election expenses allowed for the
electoral district and, for each candidate in the
electoral district,
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Publication of
returns and
statements of
expenses of
suspended
parties
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(4) As soon as is practicable after receiving
from a suspended party a return on financial
transactions under paragraph 392(a)(i) or a
statement of expenses under paragraph
396(1)(a), the Chief Electoral Officer shall
publish it in the manner that he or she
considers appropriate.
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Delivery to
returning
officers
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413. (1) The Chief Electoral Officer shall,
as soon as is practicable, deliver a copy of the
documents referred to in subsection 451(1) to
the returning officer for the electoral district to
which they relate.
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Public
availability
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(2) A returning officer who receives
documents under subsection (1) shall, on
request, make them available for six months
during reasonable times for public inspection.
Copies may be obtained for a fee of $0.25 per
page.
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Retention
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(3) A returning officer who receives
documents under subsection (1) shall retain
them for three years after the six-month period
mentioned in subsection (2) or any shorter
period that the Chief Electoral Officer
considers appropriate.
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Inflation Adjustment Factor
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Inflation
adjustment
fraction
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414. Before April 1 in each year, the Chief
Electoral Officer shall cause to be published in
the Canada Gazette an inflation adjustment
fraction that shall be in effect for one year
from that date. The fraction shall have
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DIVISION 3 |
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FINANCIAL ADMINISTRATION OF REGISTERED PARTIES |
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General
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Duty of chief
agent
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415. The chief agent of a registered party is
responsible for administering its financial
transactions and for reporting on them, in
accordance with the provisions of this Act.
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Prohibition -
paying
expenses
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416. (1) No person or entity, other than the
chief agent of a registered party or one of its
registered agents or a person authorized under
subsection 411(1), shall pay the registered
party's expenses.
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Prohibition -
incurring
expenses
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(2) No person or entity, other than the chief
agent of a registered party or one of its
registered agents, shall incur the registered
party's expenses.
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Processing of Expense Claims
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Three months
to send claim
for payment
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417. (1) A person who has a claim to be paid
for an expense of a registered party shall,
within three months after the expense was
incurred, send the invoice or other document
evidencing the claim to the registered party or
one of its registered agents.
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Bar to
recovery
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(2) A claimant is barred from recovery of a
claim that is sent after the three-month period
referred to in subsection (1).
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Extended
period for
recovery after
death of
claimant
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(3) Despite subsection (2), if a claimant
with a recoverable claim dies, the three-month
period leading to the barring of recovery of the
payment begins to run on the day on which the
claimant's legal representative becomes
entitled to act for him or her.
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Payment
within six
months
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418. A recoverable claim to be paid for an
expense of a registered party must be paid
within six months after payment of the claim
is due.
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Irregular
claims or
payments -
Chief
Electoral
Officer
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419. (1) On the written application of a
person who has a claim to be paid for an
expense of a registered party or on the written
application of a registered agent of the
registered party 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 registered
agent to pay the amount claimed if
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Terms and
conditions
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(2) The Chief Electoral Officer may fix any
term or condition that he or she considers
appropriate on a payment authorized under
subsection (1).
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Irregular
claims or
payments -
judge
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420. On the application of a person who has
a claim to be paid for an expense of a
registered party or of a registered agent of the
registered party, a judge who is competent to
conduct a recount, on being satisfied that there
are reasonable grounds for so doing, by order
authorize the registered agent to pay the
amount claimed if
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Proceeding to
recover
claimed
payments
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421. A person who has made a recoverable
claim mentioned in section 418 may
commence a proceeding in a court of
competent jurisdiction
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Maximum Election Expenses
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Maximum
election
expenses
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422. (1) The maximum amount that is
allowed for election expenses of a registered
party during an election period is the product
of
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Amounts not
included in
election
expenses
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(2) For the purpose of subsection (1), an
election expense of a registered party does not
include any amount
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Prohibition -
election
expenses
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423. (1) No chief agent of a registered party
shall incur more than the maximum amount
calculated under section 422 for election
expenses of the registered party during an
election period.
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Prohibition -
collusion
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(2) No registered party and no third party,
within the meaning of section 349, shall
collude with each other for the purpose of
circumventing the spending limits allowed for
election expenses of the registered party by a
calculation made under section 422.
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Financial Reporting
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Return on
financial
transactions
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424. (1) For each fiscal period of a
registered party, its chief agent shall provide
the Chief Electoral Officer with
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Contents of
return
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(2) A return referred to in paragraph (1)(a)
must set out
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Loans
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(3) For the purpose of subsection (2), other
than paragraph (2)(k), a contribution includes
a loan.
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Period for
providing
documents
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(4) The chief agent of a registered party
shall provide the Chief Electoral Officer with
the documents referred to in subsection (1)
within six months after the end of the fiscal
period to which the return relates.
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When
contributions
forwarded to
Receiver
General
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425. A registered agent of a registered party
shall, without delay, pay an amount of money
equal to the value of a contribution that the
registered party receives, to the Chief
Electoral Officer who shall forward it to the
Receiver General, if
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Auditor's
report
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426. (1) For each fiscal period of a
registered party, its auditor shall report to its
chief agent on each return on its financial
transactions and shall make any examination
that will enable the auditor to state in the
report his or her opinion whether the return
presents fairly the information contained in
the financial records on which the return is
based.
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Statement
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(2) An auditor shall include in the report
under subsection (1) any statement that he or
she considers necessary if
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Right of
access
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(3) The auditor for a registered party shall
have access at any reasonable time to all
documents of the party, and may require the
registered agents and officers of the party to
provide any information or explanation that,
in the auditor's opinion, may be necessary to
enable the auditor to prepare his or her report
under subsection (1).
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Prohibition -
financial
reports
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427. No chief agent of a registered party
shall provide the Chief Electoral Officer with
a return on financial transactions that
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Trust Funds
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Trust funds
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428. (1) If a registered party establishes a
trust fund, it shall
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Contents of
report
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(2) A financial report on a trust fund under
subsection (1) must set out
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