Date of
deregistration
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(2) The notice under subsection (1) shall
specify the effective date of the deregistration,
which shall be at least 15 days after the day on
which the notice is sent.
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Publication
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403.24 (1) If a registered association is
deregistered for any reason other than the
deregistration of the political party with which
it is affiliated, the Chief Electoral Officer shall
without delay cause a notice of deregistration
to be published in the Canada Gazette.
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Entry of
deregistration
in registry of
electoral
district
associations
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(2) The Chief Electoral Officer shall
indicate any deregistration of a registered
association in the registry of electoral district
associations.
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Effect of
deregistration
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403.25 A deregistered electoral district
association continues to have the obligations
of a registered association for the application
of section 403.26.
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Fiscal period
and returns
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403.26 The financial agent of a deregistered
electoral district association shall, within six
months after the day of its deregistration,
provide the Chief Electoral Officer with the
documents referred to in subsection 403.35(1)
for
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Financial Administration of Registered
Associations
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General
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Duty of
financial
agent
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403.27 The financial agent of a registered
association is responsible for administering its
financial transactions and for reporting on
them, in accordance with the provisions of this
Act.
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Prohibition -
paying
expenses
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403.28 (1) No person or entity, other than an
electoral district agent of a registered
association, shall pay the registered
association's expenses.
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Prohibition -
incurring
expenses
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(2) No person or entity, other than an
electoral district agent of a registered
association, shall incur the registered
association's expenses.
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Prohibition -
accepting
contributions
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(3) No person, other than an electoral
district agent of a registered association shall
accept contributions to the registered
association.
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Prohibition -
transfers
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(4) No person, other than the financial agent
of a registered association, shall accept or
make transfers of goods or funds on behalf of
the association.
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Processing of Expense Claims
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Three months
to send
expense
claims
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403.29 (1) A person with a claim to be paid
for an expense of a registered association
shall, within three months after the expense
was incurred, send the invoice or other
document evidencing the claim to the
registered association or one of its electoral
district agents.
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Bar to
recovery
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(2) A claimant is barred from recovery of a
claim that is sent after the three-month period.
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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 six
months
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403.3 A claim that has been sent in
accordance with section 403.29 must be paid
within six months after payment of it is due.
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Irregular
claims or
payments -
Chief
Electoral
Officer
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403.31 (1) On the written application of a
claimant with a claim to be paid for an expense
of a registered association or of an electoral
district agent, the Chief Electoral Officer may,
on being satisfied that there are reasonable
grounds for so doing, in writing authorize the
electoral district agent of the registered
association to pay the amount claimed if
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Terms and
conditions
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(2) The Chief Electoral Officer may fix any
term or condition that he or she considers
appropriate on a payment authorized under
subsection (1).
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Irregular
claims or
payments -
judge
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403.32 On the application of a person who
has a claim to be paid for an expense of a
registered association or of an electoral
district agent of the association, a judge who
is competent to conduct a recount, on being
satisfied that there are reasonable grounds for
so doing, may by order authorize the electoral
district agent to pay the amount claimed if
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Proceeding to
recover
claimed
payments
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403.33 (1) A person who has sent a claim in
accordance with section 403.29 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 an electoral district
agent of a registered association 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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403.34 (1) An unpaid claim mentioned in a
return referred to in subsection 403.35(1) that,
on the day that is 18 months after the end of the
fiscal period to which the return relates,
remains unpaid, in whole or in part, is deemed
to be a contribution of the unpaid amount to
the registered association 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 by
association
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(3) The financial agent of a registered
association 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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Financial Reporting
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Return on
financial
transactions
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403.35 (1) The financial agent of a
registered association shall, for each fiscal
period of the association, provide to the Chief
Electoral Officer
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Contents of
return
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(2) A financial transactions return must set
out
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Loans
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(3) For the purpose of subsection (2), other
than paragraph (2)(j), a contribution includes
a loan.
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Period for
providing
documents
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(4) The financial agent of a registered
association shall provide the documents
referred to in subsection (1) within five
months after the end of the fiscal period.
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When
contributions
forwarded to
Receiver
General
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403.36 The financial agent of a registered
association shall, without delay, pay an
amount of money equal to the value of a
contribution received by the association to the
Chief Electoral Officer who shall forward it to
the Receiver General, if
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Auditor's
report
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403.37 (1) The auditor of a registered
association that has, in a fiscal period,
accepted contributions of $5,000 or more in
total or incurred expenses of $5,000 or more
in total shall report to the association's
financial agent on the financial transactions
return of the association 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 it 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 shall include in the report
under subsection (1) any statement 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
association and may require the financial
agent and electoral district agents of the
association to provide any information or
explanation that, in the auditor's opinion, may
be necessary to enable the auditor to prepare
the report.
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Prohibition -
financial
reports
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403.38 No financial agent of a registered
association shall provide the Chief Electoral
Officer with a financial transactions return
that
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Payment of Audit Expenses
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Certificate -
audit expenses
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403.39 (1) On receipt of the documents
referred to in subsection 403.35(1) and a copy
of the auditor's invoice, the Chief Electoral
Officer shall provide the Receiver General
with a certificate that sets out the amount, up
to a maximum of $1,500, of the expenses
incurred for the audit made under subsection
403.37(1).
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Payment
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(2) 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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Corrections and Extended Reporting Periods
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Minor
corrections -
Chief
Electoral
Officer
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403.4 (1) The Chief Electoral Officer may
correct a document referred to in subsection
403.35(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 a registered association to
correct, within a specified period, a document
referred to in subsection 403.35(1).
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Extension or
correction -
Chief
Electoral
Officer
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403.41 (1) The Chief Electoral Officer, on
the written application of the financial agent
of a registered association or, if the financial
agent is absent or incapacitated, the chief
executive officer of the association, may
authorize
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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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