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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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478.34 (1) A nomination 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
478.33(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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478.35 (1) A judge dealing with an
application under section 478.34 or 478.36
who is satisfied that a nomination contestant
or a financial agent has not provided the
documents referred to in subsection 478.23(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 the agent or
predecessor
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Recourse of
contestant for
fault of
financial
agent
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478.36 A nomination 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 contestant or his or her financial agent
shall notify the Chief Electoral Officer that the
application has been made.
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Destruction of
documents -
judge
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478.37 (1) A nomination 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 478.23(1) or 478.3(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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478.38 No nomination contestant and no
financial agent of a nomination contestant
shall provide the Chief Electoral Officer with
a document referred to in subsection
478.23(1) or 478.3(1) that
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Surplus of Nomination Campaign Funds
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Surplus of
nomination
campaign
funds
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478.39 The surplus amount of nomination
campaign funds that a nomination contestant
receives for a nomination contest is the
amount by which the contributions accepted
by the financial agent on behalf of the
contestant and any other amounts received by
the contestant for his or her nomination
campaign that are not repayable are more than
the contestant's nomination campaign
expenses paid under this Act and any transfers
referred to in paragraph 404.2(3)(b).
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Notice of
assessment
and estimate
of surplus
campaign
funds
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478.4 (1) If the Chief Electoral Officer
estimates that a nomination contestant has a
surplus of nomination 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 nomination
contestant who has a surplus of nomination
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
nomination campaign return.
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Period for
disposal of
surplus funds
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478.41 (1) The financial agent of a
nomination contestant shall dispose of a
surplus of nomination 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 nomination campaign funds
must be transferred to
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Notice of
disposal of
surplus
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478.42 (1) The financial agent of a
nomination contestant shall, within seven
days after disposing of the contestant's surplus
nomination campaign funds, notify the Chief
Electoral Officer in the prescribed form of the
amount and date of the disposal and to whom
the surplus was transferred.
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Publication
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(2) As soon as practicable after the disposal
of a nomination contestant's surplus
nomination 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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58. (1) Paragraphs 497(1)(e) to (g) of the
Act are replaced by the following:
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(2) Subsection 497(1) of the Act is
amended by adding the following after
paragraph (h):
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(3) Paragraph 497(1)(i) of the Act is
replaced by the following:
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(3.1) Subsection 497(1) of the Act is
amended by adding the following after
paragraph (m):
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(4) Paragraph 497(1)(p) of the Act is
repealed.
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(5) Subsection 497(1) of the Act is
amended by adding the following after
paragraph (q):
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(6) Paragraph 497(1)(u) of the Act is
replaced by the following:
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