(b) the correction, within a specified period, of a document referred to in subsection 478.23(1) or updated document referred to in subsection 478.3(1).

Deadline

(2) An application may be made

    (a) under paragraph (1)(a), within the period provided in subsection 478.23(6) or 478.3(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

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

    (a) relieving the contestant or financial agent from complying with a request referred to in subsection 478.32(2); or

    (b) authorizing an extension referred to in paragraph 478.33(1)(a) or correction referred to in paragraph 478.33(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 478.32(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 478.33, for the extension or correction, or

      (ii) the expiration of the extended period or specified period authorized under paragraph 478.33(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 478.33(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

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.

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 the agent or predecessor

    (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

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

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

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

The contestant or his or her financial agent shall notify the Chief Electoral Officer that the application has been made.

Destruction of documents - judge

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.

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

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

    (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 478.23(2) or required to be updated under subsection 478.3(1).

Surplus of Nomination Campaign Funds

Surplus of nomination campaign funds

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).

Notice of assessment and estimate of surplus campaign funds

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.

Disposition of surplus by financial agent

(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.

Period for disposal of surplus funds

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.

Remittance of surplus

(2) Surplus nomination campaign funds must be transferred to

    (a) the official agent of the candidate endorsed by the registered party in the electoral district in which the nomination contest was held; or

    (b) the registered association that held the nomination contest or the registered party for whose endorsement the contest was held .

Notice of disposal of surplus

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.

Publication

(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).

58. (1) Paragraphs 497(1)(e) to (g) of the Act are replaced by the following:

    (e) being a chief agent of a deregistered political party, contravenes section 392 (failure to provide financial transactions return or election expenses return or related documents);

(2) Subsection 497(1) of the Act is amended by adding the following after paragraph (h):

    (h.01) being an electoral district association, contravenes section 403.01 (failure to register);

    (h.02) being an electoral district association of a registered party, contravenes section 403.04 (financial activity during an election period);

    (h.03) being a registered association, contravenes section 403.05 (failure to provide statement of assets and liabilities or related documents);

    (h.031) being the financial agent of a registered association, contravenes section 403.051 (making erroneous declaration);

    (h.04) being a registered association, contravenes subsection 403.09(2) (failure to comply with requirements re: appointment of electoral district agent);

    (h.05) being a registered association, contravenes section 403.12, 403.13 or 403.14 (failure to comply with requirements re: appointment of financial agent or auditor);

    (h.06) being a registered association, contravenes subsection 403.16(1) (failure to report changes to registered association information);

    (h.07) being a registered association, contravenes section 403.17 (failure to confirm validity of information concerning association);

    (h.08) being the financial agent of a deregistered electoral district association, contravenes section 403.26 (failure to provide financial transactions return for fiscal period or related documents);

    (h.09) being the financial agent of a registered association, contravenes subsection 403.35(1), (2) or (4) (failure to provide financial transactions return or related documents);

    (h.1) being the financial agent of a registered association, contravenes section 403.36 (failure to forward certain contributions);

    (h.11) being the financial agent of a registered association, contravenes paragraph 403.38(b) (providing incomplete financial transactions return);

(3) Paragraph 497(1)(i) of the Act is replaced by the following:

    (i) being a person or entity, contravenes subsection 404(1) (making contribution while ineligible);

    (i.1) being the chief agent of a registered party, the financial agent of a registered association, the official agent of a candidate or the financial agent of a leadership contestant or nomination contestant, contravenes subsection 404(2) (failure to return or pay amount of ineligible contribution);

    (i.2) being a registered party or an electoral district association of one, contravenes subsection 404.3(1) (making prohibited transfer);

    (i.3) being a person who is authorized to accept contributions on behalf of a registered party, a registered association, a candidate, a leadership contestant or a nomination contestant, contravenes section 404.4 (failure to issue receipt);

    (i.4) being a person or entity, contravenes subsection 405.2(1) (circumventing contribution limit);

    (i.5) being a person or entity, contravenes subsection 405.2(2) (concealing source of contribution);

    (i.6) being a person or entity, contravenes subsection 405.3(1) (making contribution from others' contributions);

    (i.7) being a person authorized under this Act to accept contributions, contravenes section 405.4 (failure to return or pay amount of contribution);

(3.1) Subsection 497(1) of the Act is amended by adding the following after paragraph (m):

    (m.1) being a chief agent, contravenes section 424.1 (failure to provide quarterly return);

(4) Paragraph 497(1)(p) of the Act is repealed.

(5) Subsection 497(1) of the Act is amended by adding the following after paragraph (q):

    (q.01) being a chief agent, contravenes paragraph 431(b) (providing incomplete election expenses return);

    (q.011) being the chief executive officer of a provincial division, contravenes subsection 435.02(5) (failure to report provincial division changes);

    (q.02) being a registered party, contravenes subsection 435.04(1) or (2) (failure to inform of leadership contest or related changes);

    (q.03) being a person, contravenes subsection 435.05(1) (failure to register for a leadership contest);

    (q.04) being a leadership contestant, contravenes subsection 435.08(2) or section 435.11, 435.12 or 435.13 (failure to comply with requirements re: appointment of leadership campaign agent, financial agent or auditor);

    (q.05) being a leadership contestant, contravenes subsection 435.15(1) or (2) (failure to report changes to leadership contestant information);

    (q.06) being a leadership contestant, contravenes section 435.16 (failure to file statement of withdrawal);

    (q.07) being a registered party, contravenes section 435.17 (failure to file statement of withdrawal of acceptance);

    (q.08) being the financial agent of a leadership contestant, contravenes section 435.21 (failure to satisfy bank account requirements);

    (q.09) being a leadership contestant or the financial agent of one, contravenes section 435.24 (failure to pay recoverable claim in timely manner);

    (q.1) being the financial agent of a leadership contestant, contravenes subsection 435.3(1), (2) or (6) (failure to provide leadership campaign return or related documents);

    (q.11) being the financial agent of a leadership contestant, fails to comply with a requirement of the Chief Electoral Officer under subsection 435.3(4);

    (q.12) being a leadership contestant, contravenes subsection 435.3(7) (failure to send declaration re: leadership campaign return to agent);

    (q.13) being the financial agent of a leadership contestant, contravenes any of subsections 435.31(1) to (3) (failure to provide return on contributions or related documents);

    (q.14) being the financial agent of a leadership contestant, contravenes section 435.32 (failure to forward certain contributions);

    (q.15) being the financial agent of a leadership contestant, contravenes subsection 435.35(1) or (3) (failure to provide updated financial reporting documents);

    (q.16) being a leadership contestant or the financial agent of one, contravenes paragraph 435.43(b) (providing incomplete financial return);

    (q.17) being the financial agent of a leadership contestant, contravenes subsection 435.45(2) or section 435.46 (failure to dispose of surplus leadership campaign funds);

(6) Paragraph 497(1)(u) of the Act is replaced by the following:

    (u) being an official agent, contravenes subsection 451(1), (2), (3) or (4) (failure to provide electoral campaign return or related documents);