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Recovery of Claims
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Claim for
payment
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435.23 (1) A person who has a claim to be
paid for an expense in relation to a leadership
campaign shall send the invoice or other
document evidencing the claim to
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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 end of the
leadership contest.
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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 18
months
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435.24 (1) A claim for leadership campaign
expenses that has been sent in accordance with
section 435.23 must be paid within 18 months
after the end of the leadership contest.
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Exceptions
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(2) The requirement to pay a claim within
18 months does not apply to a claim in respect
of which
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Unenforceabl
e contracts
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435.25 A contract involving a leadership
campaign expense in relation to a leadership
contestant is not enforceable against the
contestant unless entered into by the
contestant personally or by one of the
contestant's leadership campaign agents.
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Irregular
claims or
payments -
Chief
Electoral
Officer
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435.26 (1) On the written application of a
leadership contestant, of the contestant's
financial agent or of a person with a claim to
be paid for a leadership campaign expense in
relation to a leadership contestant, 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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435.27 On the application of a person with
a claim to be paid for a leadership campaign
expense in relation to a leadership 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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435.28 (1) A person who has sent a claim in
accordance with section 435.23 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 leadership 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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435.29 (1) An unpaid claim mentioned in a
return referred to in subsection 435.3(1) that,
on the day that is 18 months after the end of the
leadership contest, remains unpaid, in whole
or in part, is deemed to be a contribution of the
unpaid amount to the leadership 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 leadership 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
Leadership Campaign
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Leadership
campaign
return
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435.3 (1) The financial agent of a leadership
contestant shall provide the Chief Electoral
Officer with the following in respect of a
leadership campaign:
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Contents of
return
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(2) The leadership campaign return shall
include the following information in respect
of the leadership contestant:
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Supporting
documents
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(3) Together with the leadership campaign
return, the financial agent of a leadership
contestant shall provide to the Chief Electoral
Officer documents evidencing expenses set
out in the return, including bank statements,
deposit slips, cancelled cheques and the
contestant's written statement concerning
personal expenses referred to in subsection
435.36(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)(h), 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 six months after the end of the
leadership contest.
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Declaration of
leadership
contestant
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(7) A leadership contestant shall, within six
months after the end of the leadership contest,
send to his or her financial agent the
declaration referred to in paragraph (1)(d).
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Death of
leadership
contestant
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(8) If a leadership contestant dies without
having sent the declaration within the period
referred to in subsection (7)
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Return on
contributions
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435.31 (1) The financial agent of a
leadership contestant shall, for the period
beginning on the first day of the leadership
contest and ending on the day that is four
weeks before the end of the leadership contest,
provide the Chief Electoral Officer with a
return that includes the information required
under paragraphs 435.3(2)(d) to (h).
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Weekly
returns
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(2) The financial agent of a leadership
contestant shall, for each of the three weeks
after the end of the period referred to in
subsection (1), provide the Chief Electoral
Officer with such a return weekly.
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Period for
providing
return
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(3) A return referred to in subsection (1) or
(2) shall be provided no later than one week
after the end of the period to which it relates.
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When
contributions
forwarded to
Receiver
General
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435.32 The financial agent of a leadership
contestant shall, without delay, pay an amount
of money equal to the value of a contribution
that the contestant received to the Chief
Electoral Officer, who shall forward it to the
Receiver General, if the name of the
contributor of a contribution of more than
$25 , or the name or the address of the
contributor having made contributions of a
total amount of more than $200, is not known.
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Auditor's
report
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435.33 (1) As soon as practicable after the
end of a leadership contest, the auditor of a
leadership contestant who has accepted
contributions of $5,000 or more in total or
incurred leadership campaign expenses of
$5,000 or more in total shall report to the
contestant's financial agent on the leadership
campaign return 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
leadership 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
435.1(2) who is a partner or an associate of an
auditor of a leadership 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
leadership
contestants
outside
Canada
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435.34 (1) Despite subsection 435.3(6), a
leadership contestant who is outside Canada
when the other documents referred to in
subsection 435.3(1) are provided shall, within
14 days after returning to Canada, provide the
Chief Electoral Officer with the leadership
contestant's declaration referred to in
paragraph 435.3(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 leadership contestant's financial agent from
complying with his or her obligations under
this Act to prepare the return on the
contestant's leadership campaign expenses
and make a declaration concerning it referred
to in paragraph 435.3(1)(c).
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Updating
financial
reporting
documents
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435.35 (1) After the period referred to in
subsection 435.3(6), the leadership
contestant's financial agent shall provide the
Chief Electoral Officer with an updated
version of any document referred to in
subsection 435.3(1) that relates to a claim
involving
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When no
update for
audit required
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(2) If the matters dealt with in the updated
versions of the documents have been subject
to an audit under section 435.33, an updated
version of the auditor's report need not be
provided.
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Period for
providing
update
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(3) The leadership contestant's financial
agent shall provide an updated version of a
document referred to in subsection 435.3(1)
within 30 days after making a payment that is
dealt with in the updated version.
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Statement of
personal
expenses
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435.36 (1) A leadership contestant shall,
within five months after the end of the
leadership contest, send to his or her financial
agent a written statement in the prescribed
form that
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Death of
contestant
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(2) Subsection (1) does not apply to a
leadership contestant who dies without having
sent the written statement referred to in that
subsection before the end of the five-month
period referred to in it.
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Corrections and Extended Reporting Periods
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Minor
corrections -
Chief
Electoral
Officer
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435.37 (1) The Chief Electoral Officer may
correct a document referred to in subsection
435.3(1) or 435.35(1), if the correction does
not materially affect its substance.
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Corrections at
request of
Chief
Electoral
Officer
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(2) The Chief Electoral Officer may in
writing request the leadership contestant or his
or her financial agent to correct, within a
specified period, a document referred to in
subsection 435.3(1) or 435.35(1).
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Extension or
correction -
Chief
Electoral
Officer
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435.38 (1) The Chief Electoral Officer, on
the written application of a leadership
contestant or his or her financial agent, may
authorize
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