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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 selection date.
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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
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478.17 (1) A claim for nomination
campaign expenses that has been sent in
accordance with section 478.16 must be paid
within four months after the selection date, or
in the case referred to in subsection 478.23(7),
the polling day.
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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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478.18 A contract involving a nomination
campaign expense in relation to a nomination
contestant is not enforceable against the
contestant unless entered into by the
contestant personally or by the contestant's
financial agent.
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Irregular
claims or
payments -
Chief
Electoral
Officer
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478.19 (1) On the written application of a
person with a claim to be paid for a nomination
campaign expense in relation to a nomination
contestant or of the contestant's financial
agent or the contestant in relation to such a
claim, 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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478.2 On the application of a person with a
claim to be paid for a nomination campaign
expense in relation to a nomination 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
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478.21 (1) A person who has sent a claim in
accordance with section 478.16 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 nomination 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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478.22 (1) An unpaid claim mentioned in a
return referred to in subsection 478.23(1) that
remains unpaid, in whole or in part, on the day
that is 18 months after the selection date - or
in the case referred to in subsection 478.23(7),
after the polling day - is deemed to be a
contribution of the unpaid amount to the
nomination 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 nomination 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
Nomination Campaign
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Nomination
campaign
return
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478.23 (1) The financial agent of a
nomination contestant who has accepted
contributions of $500 or more in total or
incurred nomination campaign expenses of
$500 or more in total shall provide the Chief
Electoral Officer with the following in respect
of a nomination campaign:
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Contents of
return
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(2) The nomination campaign return shall
include the following in respect of the
nomination contestant:
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Supporting
documents
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(3) Together with the nomination campaign
return, the financial agent of a nomination
contestant shall provide to the Chief Electoral
Officer documents evidencing expenses set
out in the return, including bank statements,
deposit slips, cancelled cheques, any
statements and declarations provided to the
financial agent by virtue of paragraph
405.3(2)(c) and subsection 405.3(4) and the
contestant's written statement concerning
personal expenses referred to in subsection
478.31(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)(i), 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 four months after the selection
date.
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Exception
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(7) Despite subsection (6), if the selection
date of a nomination contest falls within an
election period for that electoral district or the
30 days before it, a nomination contestant may
submit the documents referred to in
subsection (1) within the period for candidates
referred to in subsection 451(4).
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Declaration of
nomination
contestant
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(8) A nomination contestant shall, within
four months after the selection date, send to
his or her financial agent the declaration
referred to in paragraph (1)(d).
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Death of
nomination
contestant
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(9) If a nomination contestant dies without
having sent the declaration within the period
referred to in subsection (8),
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When
contributions
forwarded to
Receiver
General
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478.24 The financial agent of a nomination
contestant shall, without delay, pay an amount
of money equal to the value of a contribution
received by the contestant to the Chief
Electoral Officer who shall forward it to the
Receiver General, if
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Appointment
of auditor
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478.25 (1) A nomination contestant who
has accepted contributions of $10,000 or more
in total or incurred nomination campaign
expenses of $10,000 or more in total must
appoint an auditor without delay.
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Eligibility
criteria
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(2) The following are eligible to be an
auditor for a nomination contestant:
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Ineligibility
criteria
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(3) The following persons are not eligible to
be an auditor for a nomination contestant:
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Notification
of
appointment
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(4) Every nomination contestant, without
delay after an auditor is appointed, must
provide the Chief Electoral Officer with the
auditor's name, address, telephone number
and occupation and a signed declaration by the
auditor accepting the appointment.
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New auditor
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(5) If a nomination contestant's auditor is
replaced, the contestant must, without delay,
provide the Chief Electoral Officer with the
new auditor's name, address, telephone
number and occupation and a signed
declaration accepting the appointment.
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Only one
auditor
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478.26 A nomination contestant shall have
no more than one auditor at a time.
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Prohibition -
auditors
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478.27 No person who is not eligible to be
an auditor of a nomination contestant shall so
act.
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Auditor's
report
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478.28 (1) An auditor of a nomination
contestant appointed in accordance with
subsection 478.25(1) shall, as soon as
practicable after the selection date, report to
the nomination contestant's financial agent on
the nomination campaign return for that
campaign 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
nomination 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
478.25(3) who is a partner or an associate of
an auditor of a nomination 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
nomination
contestants
outside
Canada
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478.29 (1) Despite subsection 478.23(6), a
nomination contestant who is outside Canada
when the other documents referred to in
subsection 478.23(1) are provided shall,
within 14 days after returning to Canada,
provide the Chief Electoral Officer with the
nomination contestant's declaration
concerning his or her nomination campaign
return referred to in paragraph 478.23(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 nomination contestant's financial agent
from complying with his or her obligations
under this Act to prepare the return on the
contestant's nomination campaign expenses
and make a declaration concerning it referred
to in paragraph 478.23(1)(c).
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Updating
financial
reporting
documents
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478.3 (1) After the period referred to in
subsection 478.23(6) or (7), as the case may
be, the nomination contestant's financial
agent shall provide the Chief Electoral Officer
with an updated version of any document
referred to in subsection 478.23(1) that relates
to a claim involving
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