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Deadline
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(2) An application may be made
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Grounds
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(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
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Extension or
correction -
judge
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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
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The applicant shall notify the Chief Electoral
Officer of the application.
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Deadline
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(2) An application may be made
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Grounds
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(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).
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Contents of
order
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(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.
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Refusal or
failure of
financial
agent
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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.
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Show cause
orders
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(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
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Recourse of
contestant for
fault of
financial
agent
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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
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The applicant shall notify the Chief Electoral
Officer that the application has been made.
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Destruction of
documents -
judge
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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.
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Grounds
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(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.
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Date of relief
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(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.
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Prohibition -
false,
misleading or
incomplete
returns
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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
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Surplus of Leadership Campaign Funds
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Surplus of
leadership
campaign
funds
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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).
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Notice of
assessment
and estimate
of surplus
campaign
funds
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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.
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Disposition of
surplus by
financial
agent
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(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.
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Period for
disposal of
surplus funds
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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.
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Remittance of
surplus
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(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.
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Notice of
disposal of
surplus
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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 .
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Publication
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(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).
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41. (1) Subsections 437(1) and (2) of the
Act are replaced by the following:
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Bank account
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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.
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Account
holder name
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(2) The account must name the account
holder as follows: ``(name of official agent),
official agent''.
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(2) Subsection 437(4) of the Act is
replaced by the following:
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Closure of
bank account
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(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.
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42. Subsection 438(1) of the Act is
repealed.
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43. Subsection 450(1) of the Act is
replaced by the following:
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Deemed
contributions
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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.
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44. (1) Paragraph 451(1)(c) of the Act is
repealed.
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(2) Paragraph 451(2)(c) of the Act is
repealed.
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(3) Paragraph 451(2)(f) of the Act is
replaced by the following:
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(4) Paragraph 451(2)(h) of the Act is
replaced by the following:
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(5) Paragraphs 451(2)(i) and (j) of the Act
are replaced by the following:
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(6) Section 451 of the Act is amended by
adding the following after subsection (2):
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Supporting
documents
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(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).
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Order for
additional
supporting
documents
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(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.
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45. Paragraph 452(b) of the Act is
replaced by the following:
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46. Subsection 453(1) of the Act is
replaced by the following:
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Auditor's
report on
return on
election
expenses
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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.
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47. The portion of section 461 of the Act
before paragraph (a) is replaced by the
following:
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Recourse of
candidate for
fault of
official agent
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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
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48. (1) Paragraph 464(1)(b) of the Act is
replaced by the following:
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(2) Subsection 464(2) of the Act is
replaced by the following:
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Payment of
partial
reimbursemen
t
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(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.
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49. (1) Paragraph 465(2)(a) of the English
version of the Act is replaced by the
following:
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(2) Paragraph 465(2)(b) of the Act is
replaced by the following:
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(3) Subsection 465(3) of the Act is
replaced by the following:
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Payment of
final
instalment
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(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.
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(4) Subsections (1) and (2) are deemed to
have come into force on September 1, 2000.
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2001, c. 21,
s. 23(F)
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50. Sections 466 and 467 of the Act are
replaced by the following:
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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.
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Payment
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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.
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51. (1) Paragraph 468(1)(a) of the Act is
replaced by the following:
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