Recovery of Claims

Claim for payment

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

    (a) the leadership contestant's financial agent; or

    (b) the leadership contestant, if there is no financial agent.

Bar to recovery

(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.

Deceased claimant

(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.

Payment within 18 months

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.

Exceptions

(2) The requirement to pay a claim within 18 months does not apply to a claim in respect of which

    (a) the documents may be sent within a new period under subsection 435.23(3);

    (b) the Chief Electoral Officer has authorized payment under section 435.26;

    (c) a judge has authorized payment under section 435.27; or

    (d) proceedings have been commenced under section 435.28.

Unenforceabl e contracts

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.

Irregular claims or payments - Chief Electoral Officer

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

    (a) the invoice or other document evidencing the claim was not sent in accordance with section 435.23; or

    (b) the payment was not made in accordance with subsection 435.24(1).

Conditions

(2) The Chief Electoral Officer may impose any term or condition that he or she considers appropriate on a payment authorized under subsection (1).

Irregular claims and payments - judge

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

    (a) the applicant establishes that an authorization under subsection 435.26(1) has been refused and that the invoice or other document evidencing the claim was not sent in accordance with section 435.23 or the payment has not been made in the four-month period referred to in subsection 435.24(1); or

    (b) the amount claimed has not been paid in accordance with an authorization obtained under subsection 435.26(1) and the applicant establishes their inability to comply with the authorization for reasons beyond their control.

The applicant shall notify the Chief Electoral Officer that the application has been made.

Proceedings to recover payment

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

    (a) at any time, if the leadership contestant or his or her financial agent refuses to pay that amount or disputes that it is payable; and

    (b) after the end of the period referred to in subsection 435.24(1) or any extension of that period authorized by subsection 435.26(1) or section 435.27, in any other case.

Payment deemed properly made

(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.

Deemed contributions

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.

When no deemed contribution

(2) Subsection (1) does not apply to an unpaid claim that, on the day referred to in that subsection,

    (a) is the subject of a binding agreement to pay;

    (b) is the subject of a legal proceeding to secure its payment;

    (c) is the subject of a dispute as to the amount the leadership contestant was liable to pay or the amount that remains unpaid; or

    (d) has been written off by the creditor as an uncollectable debt in accordance with the creditor's normal accounting practices.

Notice

(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).

Publication of deemed contributions

(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.

Return on Financing and Expenses in a Leadership Campaign

Leadership campaign return

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:

    (a) a leadership campaign return, substantially in the prescribed form, on the financing and leadership campaign expenses for the leadership campaign;

    (b) the auditor's report on the return, if one is required under subsection 435.33(1);

    (c) a declaration, in the prescribed form, made by the financial agent that the return is complete and accurate; and

    (d) a declaration in the prescribed form made by the leadership contestant that the return is complete and accurate.

Contents of return

(2) The leadership campaign return shall include the following information in respect of the leadership contestant:

    (a) a statement of leadership campaign expenses;

    (b) a statement of disputed claims that are the subject of proceedings under section 435.28;

    (c) a statement of unpaid claims that are, or may be, the subject of an application under section 435.26 or 435.27;

    (d) the total contributions received by the leadership contestant and the number of contributors;

    (d.1) disclosure of all financial loans for the purposes of the campaign, including interest rates, repayment schedules and the name of the lender;

    (e) the name and address of each contributor who made contributions of a total amount of more than $200 to the leadership contestant, that total amount, as well as the amount of each such contribution and the date on which it was received by the contestant;

    (f) the name and address of each contributor who made a contribution that includes a directed contribution as defined in subsection 404.3(2) out of which an amount has been transferred by the party to the contestant, the amount of the contribution, the amount of the directed contribution, the amount transferred, as well as the dates of the receipt of the contribution and of the transfer;

    (g) a statement of the commercial value of goods or services provided and of funds transferred by the leadership contestant to a registered party or a registered association; and

    (h) a statement of contributions received but returned to the contributor or otherwise dealt with in accordance with this Act.

Supporting documents

(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).

Order for additional supporting documents

(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.

Loans

(5) For the purpose of subsection (2), other than paragraph (2)(h), a contribution includes a loan.

Period for providing documents

(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.

Declaration of leadership contestant

(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).

Death of leadership contestant

(8) If a leadership contestant dies without having sent the declaration within the period referred to in subsection (7)

    (a) he or she is deemed to have sent the declaration in accordance with that subsection; and

    (b) the financial agent is deemed to have sent the declaration to the Chief Electoral Officer in accordance with subsection (1).

Return on contributions

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).

Weekly returns

(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.

Period for providing return

(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.

When contributions forwarded to Receiver General

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.

Auditor's report

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.

Statement

(2) The auditor's report shall include any statement that the auditor considers necessary if

    (a) the return does not present fairly the information contained in the financial records on which it is based;

    (b) the auditor has not received from the leadership contestant or his or her financial agent all the information and explanation that the auditor required; or

    (c) based on the examination, it appears that proper accounting records have not been kept by the financial agent.

Right of access

(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.

Ineligible to prepare report

(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.

Extended period for leadership contestants outside Canada

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).

No extended period for financial agent

(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).

Updating financial reporting documents

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

    (a) an extended period of recoverability under subsection 435.23(3) because of the death of a claimant;

    (b) an authorization to pay under section 435.26;

    (c) an order to pay under section 435.27; or

    (d) a disputed claim under section 435.28.

When no update for audit required

(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.

Period for providing update

(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.

Statement of personal expenses

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

    (a) sets out the amount of any personal expenses that he or she paid and details of those personal expenses, including documentation of their payment; or

    (b) declares that he or she did not pay for any personal expenses.

Death of contestant

(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.

Corrections and Extended Reporting Periods

Minor corrections - Chief Electoral Officer

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.

Corrections at request of Chief Electoral Officer

(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).

Extension or correction - Chief Electoral Officer

435.38 (1) The Chief Electoral Officer, on the written application of a leadership contestant or his or her financial agent, may authorize