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 up to $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
factor
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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
factor that shall be in effect for one year from
that date. It shall be a fraction with
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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
expense
claims
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417. (1) A person with 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.
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Deceased
claimant
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(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.
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Payment
within six
months
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418. A claim that has been sent in
accordance with section 417 must be paid
within six months after payment of it 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
claimant with a claim to be paid for an expense
of a registered party or registered agent, the
Chief Electoral Officer may, on being
satisfied that there are reasonable grounds for
so doing, in writing authorize the registered
agent of the registered party 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, may 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. (1) A person who has sent a claim in
accordance with section 417 may commence
proceedings in a court of competent
jurisdiction to recover any unpaid amount
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Payment
deemed
properly made
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(2) An amount paid by a registered agent of
a registered party as a result of proceedings
referred to in subsection (1) is deemed to have
been paid in accordance with this Act.
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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 for an election 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
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Prohibition -
election
expenses
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423. (1) No chief agent of a registered party
shall incur election expenses on its behalf the
total amount of which is more than the
maximum amount calculated under section
422.
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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 maximum amount referred
to in subsection (1).
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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 financial transactions return 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.
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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 received
by the registered party, 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) The auditor of a registered party
shall report to its chief agent on its financial
transactions return and shall make any
examination that will enable the auditor to
give an opinion in the report as to whether it
presents fairly the information contained in
the financial records on which it is based.
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Statement
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(2) An auditor shall include in the report
under subsection (1) any statement the auditor
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 the report.
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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 financial transactions return 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 to be used for an election, its chief
agent or one of its other registered agents shall
prepare a trust fund return on the financial
transactions in relation to the trust fund.
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Contents of
report
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(2) A trust fund return must set out
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Loans
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(3) For the purpose of subsection (2), other
than paragraph (2)(i), a contribution includes
a loan.
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Election Expenses Reporting
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Return on
election
expenses
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429. (1) For a general election, the chief
agent of a registered party shall provide the
Chief Electoral Officer with
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Contents of
return
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(2) An election expenses return must set out
as an election expense each of
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