(g) financial agents of registered third parties.

Consent

435.11 A leadership contestant shall obtain from the financial agent or auditor, on appointment, their signed consent to so act.

Replacement of financial agent or auditor

435.12 In the event of the death, incapacity, resignation or revocation of the appointment of the financial agent or auditor, a leadership contestant shall without delay appoint a replacement.

Only one financial agent and auditor

435.13 A leadership contestant shall have no more than one financial agent and one auditor at a time.

Prohibition - agents

435.14 (1) No person who is not eligible to be the financial agent or a leadership campaign agent of a leadership contestant shall so act.

Prohibition - auditor

(2) No person who is not eligible to be an auditor of a leadership contestant shall so act.

Changes in registered information

435.15 (1) Within 30 days after a change in the information referred to in subsection 435.06(1), a leadership contestant shall report the change in writing to the Chief Electoral Officer.

New auditor or financial agent

(2) A report under subsection (1) that involves the replacement of the auditor or financial agent of the leadership contestant must include a copy of the signed consent obtained under section 435.11.

Registration of change

(3) The Chief Electoral Officer shall enter any change in the information referred to in this section in the registry of leadership contestants.

Withdrawal of a leadership contestant

435.16 A leadership contestant who withdraws from the leadership contest shall file with the Chief Electoral Officer a statement in writing to that effect signed by the contestant and indicating the date of the withdrawal. The Chief Electoral Officer shall indicate the withdrawal in the registry of leadership contestants.

Notice of withdrawal of acceptance

435.17 A registered party that withdraws its acceptance of a leadership contestant shall file with the Chief Electoral Officer a statement in writing to that effect signed by the chief agent of the party and indicating the date of the withdrawal. The Chief Electoral Officer shall enter the withdrawal of acceptance in the registry of leadership contestants.

Relieved of obligations

435.18 A leadership contestant who withdraws in accordance with section 435.16 or whose acceptance is withdrawn in accordance with section 435.17 is relieved of the obligation to provide returns under section 435.31 for any period after the withdrawal.

Notification of party

435.19 The Chief Electoral Officer shall, on becoming aware that a leadership contestant of a registered party has failed to comply with any requirement under this Division, notify the party accordingly.

Financial Administration of Leadership Contestants

Powers, Duties and Functions of Financial Agent

Duty of financial agent

435.2 The financial agent of a leadership contestant is responsible for administering the contestant's financial transactions for his or her leadership campaign and for reporting on those transactions in accordance with the provisions of this Act.

Bank account

435.21 (1) The financial agent of a leadership contestant shall open, for the sole purpose of the contestant's leadership 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.

Account holder name

(2) The account must name the account holder as follows: ``(name of financial agent), financial agent''.

Payments and receipts

(3) All financial transactions of the leadership contestant in relation to the contestant's leadership campaign that involve the payment or receipt of money are to be paid from or deposited to the account.

Closure of bank account

(4) The financial agent of a leadership contestant shall close the account after the end of the leadership contest or the withdrawal or death of the contestant and

    (a) after the subsequent disposal of any surplus leadership campaign funds in accordance with this Act; or

    (b) if there are unpaid claims at the end of the leadership contest, after those claims have been dealt with in accordance with this Act.

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.

Prohibition - accepting contributions

435.22 (1) No person, other than a leadership campaign agent of a leadership contestant, shall accept contributions to the contestant's leadership campaign.

Accepting certain transfers prohibited

(2) No leadership campaign agent of a leadership contestant shall accept a transfer of funds from a registered party or registered association, except the transfer by a registered party of an amount out of a directed contribution as defined in subsection 404.3(2).

Prohibition - paying leadership campaign expenses

(3) No person or entity, other than a leadership campaign agent of the leadership contestant, shall pay leadership campaign expenses, other than personal expenses, of the contestant.

Prohibition - incurring leadership campaign expenses

(4) No person or entity, other than a leadership contestant or one of his or her leadership campaign agents, shall incur leadership campaign expenses of the contestant.

Prohibition - contestant's personal expenses

(5) No person, other than a leadership contestant or his or her financial agent, shall pay the contestant's personal expenses.

Recovery of Claims

Claim for payment

435.23 (1) A person who has a claim to be paid for an expense in relation to a leadership campaign shall send the invoice or other document evidencing the claim to

    (a) the leadership contestant's financial agent; or

    (b) the leadership contestant, if there is no financial agent.

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 end of the leadership contest.

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.

Payment within four months

435.24 (1) A claim for leadership campaign expenses that has been sent in accordance with section 435.23 must be paid within four months after the end of the leadership contest.

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 435.23(3);

    (b) the Chief Electoral Officer has authorized payment under section 435.26;

    (c) a judge has authorized payment under section 435.27; or

    (d) proceedings have been commenced under section 435.28.

Unenforceabl e contracts

435.25 A contract involving a leadership campaign expense in relation to a leadership contestant is not enforceable against the contestant unless entered into by the contestant personally or by one of the contestant's leadership campaign agents.

Irregular claims or payments - Chief Electoral Officer

435.26 (1) On the written application of a leadership contestant, of the contestant's financial agent or of a person with a claim to be paid for a leadership campaign expense in relation to a leadership contestant, 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 435.23; or

    (b) the payment was not made in accordance with subsection 435.24(1).

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).

Irregular claims and payments - judge

435.27 On the application of a person with a claim to be paid for a leadership campaign expense in relation to a leadership 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 435.26(1) has been refused and that the invoice or other document evidencing the claim was not sent in accordance with section 435.23 or the payment has not been made in the four-month period referred to in subsection 435.24(1); or

    (b) the amount claimed has not been paid in accordance with an authorization obtained under subsection 435.26(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.

Proceedings to recover payment

435.28 (1) A person who has sent a claim in accordance with section 435.23 may commence proceedings in a court of competent jurisdiction to recover any unpaid amount

    (a) at any time, if the leadership contestant or his or her financial agent refuses to pay that amount or disputes that it is payable; and

    (b) after the end of the period referred to in subsection 435.24(1) or any extension of that period authorized by subsection 435.26(1) or section 435.27, in any other case.

Payment deemed properly made

(2) An amount paid by the financial agent of a leadership contestant as a result of proceedings referred to in subsection (1) is deemed to have been paid in accordance with this Act.

Deemed contributions

435.29 (1) An unpaid claim mentioned in a return referred to in subsection 435.3(1) that, on the day that is 18 months after the end of the leadership contest, remains unpaid, in whole or in part, is deemed to be a contribution of the unpaid amount to the leadership contestant made as of the day on which the expense was incurred.

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 leadership 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.

Notice

(3) A leadership 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).

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 Leadership Campaign

Leadership campaign return

435.3 (1) The financial agent of a leadership contestant shall provide the Chief Electoral Officer with the following in respect of a leadership campaign:

    (a) a leadership campaign return, substantially in the prescribed form, on the financing and leadership campaign expenses for the leadership campaign;

    (b) the auditor's report on the return, if one is required under subsection 435.33(1);

    (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 leadership contestant that the return is complete and accurate.

Contents of return

(2) The leadership campaign return shall include the following information in respect of the leadership contestant:

    (a) a statement of leadership campaign expenses;

    (b) a statement of disputed claims that are the subject of proceedings under section 435.28;

    (c) a statement of unpaid claims that are, or may be, the subject of an application under section 435.26 or 435.27;

    (d) the total contributions received by the leadership contestant and the number of contributors;

    (e) the name and address of each contributor who made contributions of a total amount of more than $200 to the leadership contestant, that total amount, as well as the amount of each such contribution and the date on which it was received by the contestant;

    (f) the name and address of each contribution that includes a directed contribution as defined in subsection 404.3(2) out of which an amount has been transferred by the party to the contestant, the amount of the contribution, the amount of the directed contribution, the amount transferred, as well as the dates of the receipt of the contribution and of the transfer;

    (g) a statement of the commercial value of goods or services provided and of funds transferred by the leadership contestant to a registered party or a registered association; and

    (h) a statement of contributions received but returned to the contributor or otherwise dealt with in accordance with this Act.

Supporting documents

(3) Together with the leadership campaign return, the financial agent of a leadership contestant shall provide to the Chief Electoral Officer documents evidencing expenses set out in the return, including bank statements, deposit slips, cancelled cheques and the contestant's written statement concerning personal expenses referred to in subsection 435.36(1).

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.

Loans

(5) For the purpose of subsection (2), other than paragraph (2)(h), a contribution includes a loan.

Period for providing documents

(6) The documents referred to in subsection (1) must be provided to the Chief Electoral Officer within six months after the end of the leadership contest.

Declaration of leadership contestant

(7) A leadership contestant shall, within six months after the end of the leadership contest, send to his or her financial agent the declaration referred to in paragraph (1)(d).

Death of leadership contestant

(8) If a leadership contestant dies without having sent the declaration within the period referred to in subsection (7)

    (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).

Return on contributions

435.31 (1) The financial agent of a leadership contestant shall, for the period beginning on the first day of the leadership contest and ending on the day that is four weeks before the end of the leadership contest, provide the Chief Electoral Officer with a return that includes the information required under paragraphs 435.3(2)(d) to (h).