(a) 2% of the number of valid votes cast; or

    (b) 5% of the number of valid votes cast in the electoral districts in which the registered party endorsed a candidate.

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.

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).

Merger of parties

(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.

Certificate

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.

Delay for non-complian ce

(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.

Payment

(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.

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:

    (a) the name of the division and of the province or territory;

    (b) the name of the party;

    (c) the address of the office at which records of that division are maintained and to which communications may be addressed;

    (d) the names and addresses of the chief executive officer and other officers of the division;

    (e) the name and address of any registered agent appointed by the division; and

    (f) a declaration signed by the leader of the party certifying that the division is a division of the party.

This Act applies to information provided under this subsection as if it were information referred to in paragraphs 366(2)(a) to (h).

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.

Division 3.1

Registration and Financial Administration of Leadership Contestants

Registration

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

    (a) travel and living expenses;

    (b) childcare expenses;

    (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

    (d) in the case of a contestant who has a disability, additional personal expenses that are related to the disability.

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.

Variation and cancellation

(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.

Publication

(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).

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.

Deeming

(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.

Contents of application

435.06 (1) An application for registration as a leadership contestant must include the following:

    (a) the name of the leadership contestant;

    (b) the address of the place at which the records of the leadership contestant are maintained and to which communications may be addressed;

    (c) the name and address of the leadership contestant's financial agent; and

    (d) the name and address of the leadership contestant's appointed auditor.

Accompanyin g documents

(2) The application must be accompanied by the following:

    (a) the signed consent of the financial agent to so act;

    (b) the signed consent of the auditor to so act;

    (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

    (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.

Examination of application

(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.

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).

Appointments

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.

Report of appointment

(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.

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:

    (a) an election officer or a member of the staff of a returning officer;

    (b) a leadership contestant;

    (c) an auditor appointed as required by this Act;

    (d) a person who is not an elector;

    (e) an undischarged bankrupt; and

    (f) a person who does not have the capacity to enter into contracts in the province in which the person ordinarily resides.

Auditor - eligibility

435.1 (1) Only the following are eligible to be an auditor for a leadership contestant:

    (a) a person who is a member in good standing of a corporation, an association or an institute of professional accountants; or

    (b) a partnership of which every partner is a member in good standing of a corporation, an association or an institute of professional accountants.

Auditor - ineligible persons

(2) The following persons are not eligible to be an auditor for a leadership contestant:

    (a) election officers and members of the staff of returning officers;

    (b) chief agents of registered parties or eligible parties and registered agents of registered parties;

    (c) candidates and official agents of candidates;

    (d) electoral district agents of registered associations;

    (e) leadership contestants and their leadership campaign agents;

    (f) nomination contestants and their financial agents; and

    (g) financial agents of registered third parties.

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.

Consent

435.11 A leadership contestant shall obtain from the financial agent or auditor, on appointment, their signed consent to so act.

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.

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.

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.

Prohibition - auditor

(2) No person who is not eligible to be an auditor of a leadership contestant shall so act.

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.

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.

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.

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.

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.

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.

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.

Financial Administration of Leadership Contestants

Powers, Duties and Functions of Financial Agent

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.

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.

Account holder name

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

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.

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

    (a) after the subsequent disposal of any surplus leadership campaign funds in accordance with this Act; or

    (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.

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.

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.

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).

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.

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.

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.