(a) the extension of a period provided in subsection 435.3(4) or 435.35(3); or

    (b) the correction, within a specified period, of a document referred to in subsection 435.3(1) or updated document referred to in subsection 435.35(1).

Deadline

(2) An application may be made

    (a) under paragraph (1)(a), within the period provided in subsection 435.3(4) or 435.35(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

435.39 (1) A leadership 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 435.37(2); or

    (b) authorizing an extension referred to in paragraph 435.38(1)(a) or correction referred to in paragraph 435.38(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 435.37(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 435.38, for the extension or correction, or

      (ii) the expiration of the extended period or specified period authorized under paragraph 435.38(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 435.38(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

435.4 (1) A judge dealing with an application under section 435.39 or 435.41 who is satisfied that a leadership contestant or a financial agent has not provided the documents referred to in subsection 435.3(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 he or she

    (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

435.41 A leadership 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 applicant shall notify the Chief Electoral Officer that the application has been made.

Destruction of documents - judge

435.42 (1) A leadership 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 435.3(1) or 435.35(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

435.43 No leadership contestant and no financial agent of a leadership contestant shall provide the Chief Electoral Officer with a document referred to in subsection 435.3(1) or 435.35(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 435.3(2) or required to be updated under subsection 435.35(1).

Surplus of Leadership Campaign Funds

Surplus of leadership campaign funds

435.44 The surplus amount of leadership campaign funds that a leadership contestant receives for a leadership contest is the amount by which the sum of amounts referred to in subsection 404.3(3), contributions accepted by the leadership campaign agents on behalf of the contestant and any other amounts that were received by the contestant for his or her leadership campaign and that are not repayable is more than the sum of the contestant's leadership campaign expenses paid under this Act and the transfers referred to in paragraph 404.2(3)(a).

Notice of assessment and estimate of surplus campaign funds

435.45 (1) If the Chief Electoral Officer estimates that a leadership contestant has a surplus of leadership 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 leadership contestant who has a surplus of leadership 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 leadership campaign return.

Period for disposal of surplus funds

435.46 (1) The financial agent of a leadership contestant shall dispose of a surplus of leadership campaign funds within 60 days after receiving the notice of estimated surplus.

Remittance of surplus

(2) Surplus leadership campaign funds must be transferred to the registered party that is holding the leadership contest or a registered association of that party.

Notice of disposal of surplus

435.47 (1) The financial agent of a leadership contestant shall, within seven days after disposing of the contestant's surplus leadership 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 leadership contestant's surplus leadership campaign funds, the Chief Electoral Officer shall, in any manner that he or she considers appropriate, publish a notice referred to in subsection (1).

41. (1) Subsections 437(1) and (2) of the Act are replaced by the following:

Bank account

437. (1) An official agent of a candidate shall open, for the sole purpose of the candidate's electoral 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 official agent), official agent''.

(2) Subsection 437(4) of the Act is replaced by the following:

Closure of bank account

(4) After the election or the withdrawal or death of the candidate, the official agent of a candidate shall close the account once any unpaid claim or surplus of electoral funds has been dealt with in accordance with this Act.

42. Subsection 438(1) of the Act is repealed.

43. Subsection 450(1) of the Act is replaced by the following:

Deemed contributions

450. (1) An unpaid claim mentioned in a return referred to in subsection 451(1) that, on the day that is 18 months after polling day for the election to which the return relates, remains unpaid, in whole or in part, is deemed to be a contribution of the unpaid amount to the candidate made as of the day on which the expense was incurred.

44. (1) Paragraph 451(1)(c) of the Act is repealed.

(2) Paragraph 451(2)(c) of the Act is repealed.

(3) Paragraph 451(2)(f) of the Act is replaced by the following:

    (f) a statement of contributions received from any of the following classes of contributor: individuals, corporations, trade unions and associations as defined in subsection 405.3(3) ;

(4) Paragraph 451(2)(h) of the Act is replaced by the following:

    (g.1) in the case of a contributor that is an association as defined in subsection 405.3(3),

      (i) the name and address of the association, the amount of its contribution and the date on which it was received by the candidate, and

      (ii) the name and address of each individual whose money forms part of the contribution, the amount of money provided by that individual that is included in the contribution and the date on which it was provided to the association;

    (h) the name and address of each other contributor in a class listed in paragraph (f) who made contributions of a total amount of more than $200 to the candidate, that total amount, as well as the amount of each such contribution and the date on which it was received by the candidate;

(5) Paragraphs 451(2)(i) and (j) of the Act are replaced by the following:

    (i) a statement of the commercial value of goods or services provided and of funds transferred by the candidate to a registered party, to a registered association or to himself or herself in his or her capacity as a nomination contestant ;

    (j) a statement of the commercial value of goods or services provided and of funds transferred to the candidate from a registered party, a registered association or a nomination contestant; and

(6) Section 451 of the Act is amended by adding the following after subsection (2):

Supporting documents

(2.1) Together with the electoral campaign return, the official agent of a candidate shall provide to the Chief Electoral Officer documents evidencing expenses set out in the return, including bank statements, deposit slips, cancelled cheques, any statements and declarations provided to the official agent by virtue of paragraph 405.3(2)(c) and subsection 405.3(4) and the candidate's written statement concerning personal expenses referred to in subsection 456(1).

Order for additional supporting documents

(2.2) If the Chief Electoral Officer is of the opinion that the documents provided under subsection (2.1) are not sufficient, the Chief Electoral Officer may require the official agent to provide by a specified date any additional documents that are necessary to comply with that subsection.

45. Paragraph 452(b) of the Act is replaced by the following:

    (b) the name of the contributor of a contribution of more than $25 , the name or the address of the contributor having made contributions of a total amount of more than $200 or the name of the chief executive officer or president of a contributor referred to in paragraph 451(2)(h.1) is not known.

46. Subsection 453(1) of the Act is replaced by the following:

Auditor's report on return on election expenses

453. (1) As soon as practicable after an election, the auditor of a candidate shall report to the candidate's official agent on the electoral campaign return referred to in paragraph 451(1)(a) 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.

47. The portion of section 461 of the Act before paragraph (a) is replaced by the following:

Recourse of candidate for fault of official agent

461. A candidate may apply to a judge who is competent to conduct a recount for an order that relieves the candidate from any liability or consequence under this or any other Act in relation to an act or omission of the candidate's official agent, if the candidate establishes that

48. (1) Paragraph 464(1)(b) of the Act is replaced by the following:

    (b) the name of any candidate who received 10% or more of the number of valid votes cast; and

(2) Subsection 464(2) of the Act is replaced by the following:

Payment of partial reimbursemen t

(2) On receipt of the certificate, the Receiver General shall pay the amount set out in it out of the Consolidated Revenue Fund to the official agent of any candidate named in the certificate as partial reimbursement for the candidate's election expenses and personal expenses. The payment may be made to the person designated by the official agent.

49. (1) Paragraph 465(2)(a) of the English version of the Act is replaced by the following:

    (a) 50% of the sum of the candidate's paid election expenses and paid personal expenses, less the partial reimbursement made under section 464, and

(2) Paragraph 465(2)(b) of the Act is replaced by the following:

    (b) 50% of the election expenses limit provided for in section 440, less the partial reimbursement made under section 464.

(3) Subsection 465(3) of the Act is replaced by the following:

Payment of final instalment

(3) On receipt of the certificate, the Receiver General shall pay the amount set out in it out of the Consolidated Revenue Fund to the official agent of the candidate. The payment may be made to the person designated by the official agent.

(4) Subsections (1) and (2) are deemed to have come into force on September 1, 2000.

2001, c. 21, s. 23(F)

50. Sections 466 and 467 of the Act are replaced by the following:

Reimburseme nt of auditor's fees

466. On receipt of the documents referred to in subsection 451(1) and, if it applies, subsection 455(1), including the auditor's report, and a copy of the auditor's invoice for that report in an amount of $250 or more, the Chief Electoral Officer shall provide the Receiver General with a certificate that sets out the amount of the expenses incurred for the audit, up to a maximum of the lesser of 3% of the candidate's election expenses and $1,500.

Payment

467. On receipt of the certificate, the Receiver General shall pay the amount set out in it to the auditor out of the Consolidated Revenue Fund.

51. (1) Paragraph 468(1)(a) of the Act is replaced by the following: