Weekly
returns
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(2) The financial agent of a leadership
contestant shall, for each of the three weeks
after the end of the period referred to in
subsection (1), provide the Chief Electoral
Officer with such a return weekly.
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Period for
providing
return
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(3) A return referred to in subsection (1) or
(2) shall be provided no later than one week
after the end of the period to which it relates.
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When
contributions
forwarded to
Receiver
General
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435.32 The financial agent of a leadership
contestant shall, without delay, pay an amount
of money equal to the value of a contribution
that the contestant received to the Chief
Electoral Officer, who shall forward it to the
Receiver General, if the name of the
contributor of a contribution of more than $10,
or the name or the address of the contributor
having made contributions of a total amount
of more than $200, is not known.
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Auditor's
report
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435.33 (1) As soon as practicable after the
end of a leadership contest, the auditor of a
leadership contestant who has accepted
contributions of $5,000 or more in total or
incurred leadership campaign expenses of
$5,000 or more in total shall report to the
contestant's financial agent on the leadership
campaign return 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.
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Statement
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(2) The auditor's report shall include any
statement that the auditor considers necessary
if
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Right of
access
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(3) The auditor shall have access at any
reasonable time to all documents of the
leadership contestant and may require the
contestant and his or her financial agent to
provide any information or explanation that,
in the auditor's opinion, is necessary to enable
the auditor to prepare the report.
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Ineligible to
prepare report
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(4) A person referred to in subsection
435.1(2) who is a partner or an associate of an
auditor of a leadership contestant or who is an
employee of that auditor, or of the firm in
which that auditor is a partner or associate,
may not participate, other than in the manner
referred to in subsection (3), in the preparation
of the auditor's report.
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Extended
period for
leadership
contestants
outside
Canada
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435.34 (1) Despite subsection 435.3(6), a
leadership contestant who is outside Canada
when the other documents referred to in
subsection 435.3(1) are provided shall, within
14 days after returning to Canada, provide the
Chief Electoral Officer with the leadership
contestant's declaration referred to in
paragraph 435.3(1)(d).
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No extended
period for
financial
agent
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(2) Subsection (1) does not apply to excuse
a leadership contestant's financial agent from
complying with his or her obligations under
this Act to prepare the return on the
contestant's leadership campaign expenses
and make a declaration concerning it referred
to in paragraph 435.3(1)(c).
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Updating
financial
reporting
documents
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435.35 (1) After the period referred to in
subsection 435.3(6), the leadership
contestant's financial agent shall provide the
Chief Electoral Officer with an updated
version of any document referred to in
subsection 435.3(1) that relates to a claim
involving
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When no
update for
audit required
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(2) If the matters dealt with in the updated
versions of the documents have been subject
to an audit under section 435.33, an updated
version of the auditor's report need not be
provided.
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Period for
providing
update
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(3) The leadership contestant's financial
agent shall provide an updated version of a
document referred to in subsection 435.3(1)
within 30 days after making a payment that is
dealt with in the updated version.
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Statement of
personal
expenses
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435.36 (1) A leadership contestant shall,
within five months after the end of the
leadership contest, send to his or her financial
agent a written statement in the prescribed
form that
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Death of
contestant
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(2) Subsection (1) does not apply to a
leadership contestant who dies without having
sent the written statement referred to in that
subsection before the end of the five-month
period referred to in it.
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Corrections and Extended Reporting Periods
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Minor
corrections -
Chief
Electoral
Officer
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435.37 (1) The Chief Electoral Officer may
correct a document referred to in subsection
435.3(1) or 435.35(1), if the correction does
not materially affect its substance.
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Corrections at
request of
Chief
Electoral
Officer
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(2) The Chief Electoral Officer may in
writing request the leadership contestant or his
or her financial agent to correct, within a
specified period, a document referred to in
subsection 435.3(1) or 435.35(1).
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Extension or
correction -
Chief
Electoral
Officer
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435.38 (1) The Chief Electoral Officer, on
the written application of a leadership
contestant or his or her financial agent, may
authorize
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Deadline
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(2) An application may be made
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Grounds
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(3) The Chief Electoral Officer may not
authorize an extension or correction unless he
or she is satisfied by the evidence submitted by
the applicant that the circumstances giving
rise to the application arose by reason of
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Extension or
correction -
judge
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435.39 (1) A leadership contestant or his or
her financial agent may apply to a judge who
is competent to conduct a recount for an order
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The applicant shall notify the Chief Electoral
Officer of the application.
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Deadline
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(2) An application may be made
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Grounds
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(3) A judge may not grant an order unless he
or she is satisfied that the circumstances
giving rise to the application arose by reason
of one of the factors referred to in subsection
435.38(3).
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Contents of
order
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(4) An order under subsection (1) may
require that the applicant satisfy any condition
that the judge considers necessary for carrying
out the purposes of this Act.
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Refusal or
failure of
financial
agent
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435.4 (1) A judge dealing with an
application under section 435.39 or 435.41
who is satisfied that a leadership contestant or
a financial agent has not provided the
documents referred to in subsection 435.3(1)
in accordance with this Act because of a
refusal by, or a failure of, the financial agent
or a predecessor of the financial agent shall, by
order served personally, require the financial
agent or that predecessor to appear before the
judge.
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Show cause
orders
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(2) The judge shall, unless the financial
agent or predecessor on his or her appearance
shows cause why an order should not be
issued, order in writing that he or she
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Recourse of
contestant for
fault of
financial
agent
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435.41 A leadership contestant may apply
to a judge who is competent to conduct a
recount for an order that relieves the
contestant from any liability or consequence
under this or any other Act of Parliament in
relation to an act or omission of the
contestant's financial agent, if the contestant
establishes that
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The applicant shall notify the Chief Electoral
Officer that the application has been made.
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Destruction of
documents -
judge
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435.42 (1) A leadership contestant or his or
her financial agent may apply to a judge who
is competent to conduct a recount for an order
relieving the financial agent from the
obligation to provide a document referred to in
subsection 435.3(1) or 435.35(1). The
contestant or financial agent shall notify the
Chief Electoral Officer that the application
has been made.
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Grounds
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(2) The judge may not grant the order unless
he or she is satisfied that the applicant cannot
provide the documents because of their
destruction by a superior force, including a
flood, fire or other disaster.
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Date of relief
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(3) For the purposes of this Act, the
applicant is relieved from the obligation
referred to in subsection (1) on the date of the
order.
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Prohibition -
false,
misleading or
incomplete
returns
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435.43 No leadership contestant and no
financial agent of a leadership contestant shall
provide the Chief Electoral Officer with a
document referred to in subsection 435.3(1) or
435.35(1) that
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Surplus of Leadership Campaign Funds
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Surplus of
leadership
campaign
funds
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435.44 The surplus amount of leadership
campaign funds that a leadership contestant
receives for a leadership contest is the amount
by which the sum of amounts referred to in
subsection 404.3(3) and contributions
accepted by the leadership campaign agents
on behalf of the contestant is more than the
sum of the contestant's leadership campaign
expenses paid under this Act and the transfers
referred to in paragraph 404.2(3)(a).
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Notice of
assessment
and estimate
of surplus
campaign
funds
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435.45 (1) If the Chief Electoral Officer
estimates that a leadership contestant has a
surplus of leadership campaign funds, the
Chief Electoral Officer shall issue a notice of
the estimated amount of the surplus to the
contestant's financial agent.
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Disposition of
surplus by
financial
agent
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(2) The financial agent of a leadership
contestant who has a surplus of leadership
campaign funds but has not received a notice
of estimated surplus under subsection (1) shall
dispose of that estimated surplus within 60
days after the provision of the contestant's
leadership campaign return.
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Period for
disposal of
surplus funds
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435.46 (1) The financial agent of a
leadership contestant shall dispose of a
surplus of leadership campaign funds within
60 days after receiving the notice of estimated
surplus.
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Remittance of
surplus
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(2) Surplus leadership campaign funds must
be transferred to the registered party that is
holding the leadership contest or a registered
association of that party.
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Notice of
disposal of
surplus
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435.47 (1) The financial agent of a
leadership contestant shall, within seven days
after disposing of the contestant's surplus
leadership campaign funds, notify the Chief
Electoral Officer in the prescribed form of the
amount and date of the disposal.
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Publication
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(2) As soon as practicable after the disposal
of a leadership contestant's surplus leadership
campaign funds, the Chief Electoral Officer
shall, in any manner that he or she considers
appropriate, publish a notice referred to in
subsection (1).
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41. (1) Subsections 437(1) and (2) of the
Act are replaced by the following:
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Bank account
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437. (1) An official agent of a candidate
shall open, for the sole purpose of the
candidate's electoral 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 official agent),
official agent''.
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(2) Subsection 437(4) of the Act is
replaced by the following:
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Closure of
bank account
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(4) After the election or the withdrawal or
death of the candidate, the official agent of a
candidate shall close the account once any
unpaid claim or surplus of electoral funds has
been dealt with in accordance with this Act.
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42. Subsection 438(1) of the Act is
repealed.
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43. Subsection 450(1) of the Act is
replaced by the following:
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Deemed
contributions
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450. (1) An unpaid claim mentioned in a
return referred to in subsection 451(1) that, on
the day that is 18 months after polling day for
the election to which the return relates,
remains unpaid, in whole or in part, is deemed
to be a contribution of the unpaid amount to
the candidate made as of the day on which the
expense was incurred .
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44. (1) Paragraph 451(1)(c) of the Act is
repealed.
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(2) Paragraph 451(2)(c) of the Act is
repealed.
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(3) Paragraph 451(2)(f) of the Act is
replaced by the following:
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(4) Paragraph 451(2)(h) of the Act is
replaced by the following:
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(5) Paragraphs 451(2)(i) and (j) of the Act
are replaced by the following:
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