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Consent
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435.11 A leadership contestant shall obtain
from the financial agent or auditor, on
appointment, their signed consent to so act.
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Replacement
of financial
agent or
auditor
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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.
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Only one
financial
agent and
auditor
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435.13 A leadership contestant shall have
no more than one financial agent and one
auditor at a time.
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Prohibition -
agents
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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.
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Prohibition -
auditor
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(2) No person who is not eligible to be an
auditor of a leadership contestant shall so act.
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Changes in
registered
information
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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.
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New auditor
or financial
agent
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(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.
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Registration
of change
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(3) The Chief Electoral Officer shall enter
any change in the information referred to in
this section in the registry of leadership
contestants.
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Withdrawal of
a leadership
contestant
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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.
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Notice of
withdrawal of
acceptance
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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.
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Relieved of
obligations
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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.
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Notification
of party
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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.
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Financial Administration of Leadership
Contestants
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Powers, Duties and Functions of Financial
Agent
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Duty of
financial
agent
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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.
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Bank account
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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.
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Account
holder name
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(2) The account must name the account
holder as follows: ``(name of financial agent),
financial agent''.
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Payments and
receipts
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(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.
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Closure of
bank account
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(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
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Final
statement of
bank account
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(5) The financial agent shall, on closing the
account, provide the Chief Electoral Officer
with the final statement of the account.
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Prohibition -
accepting
contributions
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435.22 (1) No person, other than a
leadership campaign agent of a leadership
contestant, shall accept contributions to the
contestant's leadership campaign.
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Accepting
certain
transfers
prohibited
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(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).
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Prohibition -
paying
leadership
campaign
expenses
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(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.
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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.
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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.
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Recovery of Claims
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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
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Bar to
recovery
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(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.
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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 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.
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Exceptions
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(2) The requirement to pay a claim within
four months does not apply to a claim in
respect of which
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Unenforceabl
e contracts
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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.
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Irregular
claims or
payments -
Chief
Electoral
Officer
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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
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Conditions
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(2) The Chief Electoral Officer may impose
any term or condition that he or she considers
appropriate on a payment authorized under
subsection (1).
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Irregular
claims and
payments -
judge
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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
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The applicant shall notify the Chief Electoral
Officer that the application has been made.
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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
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Payment
deemed
properly made
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(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.
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Deemed
contributions
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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.
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When no
deemed
contribution
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(2) Subsection (1) does not apply to an
unpaid claim that, on the day referred to in that
subsection,
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Notice
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(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).
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Publication of
deemed
contributions
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(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.
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Return on Financing and Expenses in a
Leadership Campaign
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Leadership
campaign
return
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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:
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Contents of
return
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(2) The leadership campaign return shall
include the following information in respect
of the leadership contestant:
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Supporting
documents
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(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).
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Order for
additional
supporting
documents
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(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.
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Loans
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(5) For the purpose of subsection (2), other
than paragraph (2)(h), a contribution includes
a loan.
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Period for
providing
documents
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(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.
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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).
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Death of
leadership
contestant
|
(8) If a leadership contestant dies without
having sent the declaration within the period
referred to in subsection (7)
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Return on
contributions
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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).
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