Weekly returns

(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.

Period for providing return

(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.

When contributions forwarded to Receiver General

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.

Auditor's report

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.

Statement

(2) The auditor's report shall include any statement that the auditor considers necessary if

    (a) the return does not present fairly the information contained in the financial records on which it is based;

    (b) the auditor has not received from the leadership contestant or his or her financial agent all the information and explanation that the auditor required; or

    (c) based on the examination, it appears that proper accounting records have not been kept by the financial agent.

Right of access

(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.

Ineligible to prepare report

(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.

Extended period for leadership contestants outside Canada

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).

No extended period for financial agent

(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).

Updating financial reporting documents

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

    (a) an extended period of recoverability under subsection 435.23(3) because of the death of a claimant;

    (b) an authorization to pay under section 435.26;

    (c) an order to pay under section 435.27; or

    (d) a disputed claim under section 435.28.

When no update for audit required

(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.

Period for providing update

(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.

Statement of personal expenses

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

    (a) sets out the amount of any personal expenses that he or she paid and details of those personal expenses, including documentation of their payment; or

    (b) declares that he or she did not pay for any personal expenses.

Death of contestant

(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.

Corrections and Extended Reporting Periods

Minor corrections - Chief Electoral Officer

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.

Corrections at request of Chief Electoral Officer

(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).

Extension or correction - Chief Electoral Officer

435.38 (1) The Chief Electoral Officer, on the written application of a leadership contestant or his or her financial agent, may authorize

    (a) the extension of a period provided in subsection 435.3(4) or 435.35(3); or

    (b) the correction, within a specified period, of a document referred to in subsection 435.3(1) or updated document referred to in subsection 435.35(1).

Deadline

(2) An application may be made

    (a) under paragraph (1)(a), within the period provided in subsection 435.3(4) or 435.35(3), as the case may be; and

    (b) under paragraph (1)(b), as soon as the applicant becomes aware of the need for correction.

Grounds

(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

    (a) the illness of the applicant;

    (b) the absence, death, illness or misconduct of the financial agent or a predecessor;

    (c) the absence, death, illness or misconduct of a clerk or an officer of the financial agent, or a predecessor of one of them; or

    (d) inadvertence or an honest mistake of fact.

Extension or correction - judge

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

    (a) relieving the contestant or financial agent from complying with a request referred to in subsection 435.37(2); or

    (b) authorizing an extension referred to in paragraph 435.38(1)(a) or correction referred to in paragraph 435.38(1)(b).

The applicant shall notify the Chief Electoral Officer of the application.

Deadline

(2) An application may be made

    (a) under paragraph (1)(a), within the specified period referred to in subsection 435.37(2) or within the two weeks after the expiration of that period; or

    (b) under paragraph (1)(b), within two weeks after, as the case may be,

      (i) the rejection of an application, made in accordance with section 435.38, for the extension or correction, or

      (ii) the expiration of the extended period or specified period authorized under paragraph 435.38(1)(a) or (b).

Grounds

(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).

Contents of order

(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.

Refusal or failure of financial agent

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.

Show cause orders

(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

    (a) do anything that the judge considers appropriate in order to remedy the refusal or failure; or

    (b) be examined concerning any information that pertains to the refusal or failure.

Recourse of contestant for fault of financial agent

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

    (a) it occurred without his or her knowledge or acquiescence; or

    (b) he or she exercised all due diligence to avoid its occurrence.

The applicant shall notify the Chief Electoral Officer that the application has been made.

Destruction of documents - judge

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.

Grounds

(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.

Date of relief

(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.

Prohibition - false, misleading or incomplete returns

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

    (a) the contestant or the financial agent, as the case may be, knows or ought reasonably to know contains a material statement that is false or misleading; or

    (b) does not substantially set out the information required by subsection 435.3(2) or required to be updated under subsection 435.35(1).

Surplus of Leadership Campaign Funds

Surplus of leadership campaign funds

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).

Notice of assessment and estimate of surplus campaign funds

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.

Disposition of surplus by financial agent

(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.

Period for disposal of surplus funds

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.

Remittance of surplus

(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.

Notice of disposal of surplus

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.

Publication

(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).

41. (1) Subsections 437(1) and (2) of the Act are replaced by the following:

Bank account

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.

Account holder name

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

(2) Subsection 437(4) of the Act is replaced by the following:

Closure of bank account

(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.

42. Subsection 438(1) of the Act is repealed.

43. Subsection 450(1) of the Act is replaced by the following:

Deemed contributions

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 .

44. (1) Paragraph 451(1)(c) of the Act is repealed.

(2) Paragraph 451(2)(c) of the Act is repealed.

(3) Paragraph 451(2)(f) of the Act is replaced by the following:

    (f) a statement of contributions received from any of the following classes of contributor: individuals, corporations, trade unions and unincorporated associations other than trade unions;

(4) Paragraph 451(2)(h) of the Act is replaced by the following:

    (h) the name and address of each contributor in a class listed in paragraph (f) who made contributions of a total amount of more than $200 to the candidate , that total amount, as well as the amount of each such contribution and the date on which it was received by the candidate ;

(5) Paragraphs 451(2)(i) and (j) of the Act are replaced by the following:

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