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(a) 2% of the number of valid votes cast; or
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(b) 5% of the number of valid votes cast in
the electoral districts in which the
registered party endorsed a candidate.
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| Computation
of fund
|
(2) An allowance fund for a quarter shall be
computed by multiplying the number of valid
votes cast in the election referred to in
subsection (1) by $0.375.
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| Computation
of party's
allowance
|
(3) Each such registered party's allowance
for a quarter is that part of the allowance fund
for that quarter that corresponds to its
percentage of valid votes cast in the election
mentioned in subsection (1).
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| Merger of
parties
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(4) A merged party is entitled to the
aggregate of the allowances to which the
merging parties of which it is composed would
have been entitled had they not merged.
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| Certificate
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435.02 (1) As soon as practicable after the
end of each quarter, the Chief Electoral
Officer shall provide the Receiver General
with a certificate that sets out the amount of
the allowance payable to a registered party for
that quarter.
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| Delay for
non-complian
ce
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(2) If a registered party has not provided all
the documents that it is required to provide
under sections 424, 424.1 and 429, the Chief
Electoral Officer shall postpone providing the
certificate for any quarter until the party has
provided those documents.
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| Payment
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(3) The Receiver General shall, on receipt
of a certificate, pay to the registered party out
of the Consolidated Revenue Fund the amount
set out in the certificate. The payment may
also be made in whole or in part to any
provincial division of the party, as authorized
in writing by the leader of the party.
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| Definition of
``provincial
division''
|
(4) In this Act, ``provincial division'' means
a division of a registered party for a province
or territory in relation to which the leader of
the party has provided the following to the
Chief Electoral Officer:
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(a) the name of the division and of the
province or territory;
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(b) the name of the party;
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(c) the address of the office at which records
of that division are maintained and to which
communications may be addressed;
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(d) the names and addresses of the chief
executive officer and other officers of the
division;
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(e) the name and address of any registered
agent appointed by the division; and
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(f) a declaration signed by the leader of the
party certifying that the division is a
division of the party.
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This Act applies to information provided
under this subsection as if it were information
referred to in paragraphs 366(2)(a) to (h).
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| Report of
changes in
information
|
(5) Within 15 days after a change in the
information referred to in subsection (4), the
chief executive officer of the provincial
division shall report the change in writing to
the chief agent of the registered party.
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Registration
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| Definition of
``personal
expenses''
|
435.03 In this Division, ``personal
expenses'' of a leadership contestant means
his or her expenses that are reasonably
incurred in relation to his or her leadership
campaign and include
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(a) travel and living expenses;
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(c) expenses relating to the provision of care
for a person with a physical or mental
incapacity for whom the contestant
normally provides such care; and
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(d) in the case of a contestant who has a
disability, additional personal expenses that
are related to the disability.
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| Notice of
leadership
contest
|
435.04 (1) If a registered party proposes to
hold a leadership contest, the chief agent of
the party shall file with the Chief Electoral
Officer a statement setting out the dates on
which the leadership contest is to begin and
end.
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| Variation and
cancellation
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(2) A registered party that proposes to vary
the leadership contest period or to cancel a
leadership contest shall file with the Chief
Electoral Officer a statement setting out, as
the case may be, the amended beginning date
or ending date or the fact of its cancellation.
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| Publication
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(3) The Chief Electoral Officer shall, in the
manner that he or she considers appropriate,
publish a notice containing the information
referred to in subsections (1) and (2).
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| Duty to
register
|
435.05 (1) Every person who accepts
contributions for, or incurs leadership
campaign expenses in relation to, his or her
campaign for the leadership of a registered
party shall register as a leadership contestant.
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| Deeming
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(2) For the purposes of this Part, a
leadership contestant is deemed to have been
a leadership contestant from the time he or she
accepts a contribution or incurs a leadership
campaign expense.
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| Contents of
application
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435.06 (1) An application for registration as
a leadership contestant must include the
following:
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(a) the name of the leadership contestant;
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(b) the address of the place at which the
records of the leadership contestant are
maintained and to which communications
may be addressed;
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(c) the name and address of the leadership
contestant's financial agent; and
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(d) the name and address of the leadership
contestant's appointed auditor.
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| Accompanyin
g documents
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(2) The application must be accompanied
by the following:
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(a) the signed consent of the financial agent
to so act;
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(b) the signed consent of the auditor to so
act;
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(c) a declaration signed by the chief agent
of the registered party holding the
leadership contest certifying that the party
accepts the applicant as a leadership
contestant; and
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(d) a statement containing the information
referred to in paragraphs 435.3(2)(d) and
(e) with respect to contributions received
before the application for registration.
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| Examination
of application
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(3) The Chief Electoral Officer shall
register a leadership contestant who meets the
requirements set out in subsections (1) and (2).
In the case of a refusal to register, the Chief
Electoral Officer shall indicate which of those
requirements have not been met.
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| Registry
|
435.07 The Chief Electoral Officer shall
maintain a registry of leadership contestants
that contains the information referred to in
subsection 435.06(1).
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| Appointments
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435.08 (1) A leadership contestant may,
subject to any terms and conditions that the
contestant specifies, appoint leadership
campaign agents authorized to accept
contributions and to incur and pay leadership
campaign expenses for the contestant.
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| Report of
appointment
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(2) Within 30 days after the appointment of
a leadership campaign agent, the leadership
contestant shall provide the Chief Electoral
Officer with a written report, certified by the
contestant's financial agent, that includes the
name and address of the leadership campaign
agent and any terms and conditions to which
the appointment is subject. The Chief
Electoral Officer shall enter that information
in the registry of leadership contestants.
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| Agents -
ineligible
persons
|
435.09 The following persons are not
eligible to be the financial agent or a
leadership campaign agent of a leadership
contestant:
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(a) an election officer or a member of the
staff of a returning officer;
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(b) a leadership contestant;
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(c) an auditor appointed as required by this
Act;
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(d) a person who is not an elector;
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(e) an undischarged bankrupt; and
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(f) a person who does not have the capacity
to enter into contracts in the province in
which the person ordinarily resides.
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| Auditor -
eligibility
|
435.1 (1) Only the following are eligible to
be an auditor for a leadership contestant:
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(a) a person who is a member in good
standing of a corporation, an association or
an institute of professional accountants; or
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(b) a partnership of which every partner is
a member in good standing of a corporation,
an association or an institute of professional
accountants.
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| Auditor -
ineligible
persons
|
(2) The following persons are not eligible to
be an auditor for a leadership contestant:
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(a) election officers and members of the
staff of returning officers;
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(b) chief agents of registered parties or
eligible parties and registered agents of
registered parties;
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(c) candidates and official agents of
candidates;
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(d) electoral district agents of registered
associations;
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(e) leadership contestants and their
leadership campaign agents;
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(f) nomination contestants and their
financial agents; and
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(g) financial agents of registered third
parties.
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| Where
member of
partnership
appointed as
agent
|
(3) A person may be appointed as agent for
a leadership contestant notwithstanding that
the person is a member of a partnership that
has been appointed as an auditor, in
accordance with the Act for the registered
party.
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| Consent
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435.11 A leadership contestant shall obtain
from the financial agent or auditor, on
appointment, their signed consent to so act.
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| Replacement
of financial
agent or
auditor
|
435.12 In the event of the death, incapacity,
resignation or revocation of the appointment
of the financial agent or auditor, a leadership
contestant shall without delay appoint a
replacement.
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| Only one
financial
agent and
auditor
|
435.13 A leadership contestant shall have
no more than one financial agent and one
auditor at a time.
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| Prohibition -
agents
|
435.14 (1) No person who is not eligible to
be the financial agent or a leadership
campaign agent of a leadership contestant
shall so act.
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| Prohibition -
auditor
|
(2) No person who is not eligible to be an
auditor of a leadership contestant shall so act.
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| Changes in
registered
information
|
435.15 (1) Within 30 days after a change in
the information referred to in subsection
435.06(1), a leadership contestant shall report
the change in writing to the Chief Electoral
Officer.
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| New auditor
or financial
agent
|
(2) A report under subsection (1) that
involves the replacement of the auditor or
financial agent of the leadership contestant
must include a copy of the signed consent
obtained under section 435.11.
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| Registration
of change
|
(3) The Chief Electoral Officer shall enter
any change in the information referred to in
this section in the registry of leadership
contestants.
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| Withdrawal of
a leadership
contestant
|
435.16 A leadership contestant who
withdraws from the leadership contest shall
file with the Chief Electoral Officer a
statement in writing to that effect signed by
the contestant and indicating the date of the
withdrawal. The Chief Electoral Officer shall
indicate the withdrawal in the registry of
leadership contestants.
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| Notice of
withdrawal of
acceptance
|
435.17 A registered party that withdraws its
acceptance of a leadership contestant shall file
with the Chief Electoral Officer a statement in
writing to that effect signed by the chief agent
of the party and indicating the date of the
withdrawal. The Chief Electoral Officer shall
enter the withdrawal of acceptance in the
registry of leadership contestants.
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| Relieved of
obligations
|
435.18 A leadership contestant who
withdraws in accordance with section 435.16
or whose acceptance is withdrawn in
accordance with section 435.17 is relieved of
the obligation to provide returns under section
435.31 for any period after the withdrawal.
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| Notification
of party
|
435.19 The Chief Electoral Officer shall, on
becoming aware that a leadership contestant
of a registered party has failed to comply with
any requirement under this Division, notify
the party accordingly.
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Financial Administration of Leadership
Contestants
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Powers, Duties and Functions of Financial
Agent
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| Duty of
financial
agent
|
435.2 The financial agent of a leadership
contestant is responsible for administering the
contestant's financial transactions for his or
her leadership campaign and for reporting on
those transactions in accordance with the
provisions of this Act.
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| Bank account
|
435.21 (1) The financial agent of a
leadership contestant shall open, for the sole
purpose of the contestant's leadership
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
|
(2) The account must name the account
holder as follows: ``(name of financial agent),
financial agent''.
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| Payments and
receipts
|
(3) All financial transactions of the
leadership contestant in relation to the
contestant's leadership campaign that involve
the payment or receipt of money are to be paid
from or deposited to the account.
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| Closure of
bank account
|
(4) The financial agent of a leadership
contestant shall close the account after the end
of the leadership contest or the withdrawal or
death of the contestant and
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(a) after the subsequent disposal of any
surplus leadership campaign funds in
accordance with this Act; or
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(b) if there are unpaid claims at the end of
the leadership contest, after those claims
have been dealt with in accordance with this
Act.
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| Final
statement of
bank account
|
(5) The financial agent shall, on closing the
account, provide the Chief Electoral Officer
with the final statement of the account.
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| Prohibition -
accepting
contributions
|
435.22 (1) No person, other than a
leadership campaign agent of a leadership
contestant, shall accept contributions to the
contestant's leadership campaign.
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| Accepting
certain
transfers
prohibited
|
(2) No leadership campaign agent of a
leadership contestant shall accept a transfer of
funds from a registered party or registered
association, except the transfer by a registered
party of an amount out of a directed
contribution as defined in subsection
404.3(2).
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| Prohibition -
paying
leadership
campaign
expenses
|
(3) No person or entity, other than a
leadership campaign agent of the leadership
contestant, shall pay leadership campaign
expenses, other than personal expenses, of the
contestant.
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| Prohibition -
incurring
leadership
campaign
expenses
|
(4) No person or entity, other than a
leadership contestant or one of his or her
leadership campaign agents, shall incur
leadership campaign expenses of the
contestant.
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| Prohibition -
contestant's
personal
expenses
|
(5) No person, other than a leadership
contestant or his or her financial agent, shall
pay the contestant's personal expenses.
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