Bill C-411

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	1st Session, 36th Parliament, 46-47 Elizabeth II, 1997-98
	The House of Commons of Canada
	BILL C-411
	An Act to amend the Canada Elections Act
R.S., c. E-2; R.S., c. 27 (1st Supp.), c. 27 (2nd Suppl.); 1989, c. 28; 1990, cc. 16, 17; 1991, cc. 11, 47; 1992, cc. 1, 21, 51; 1993, cc. 19, 28; 1994, c. 26; 1995, c. 5; 1996, cc. 26, 35	Her Majesty, by and with the advice and consent of the Senate and House of Commons of Canada, enacts as follows:
	*1. (1) Subsection 222(2) of the Canada Elections Act* is replaced by the following:**
Chief Electoral Officer may authorize payment of certain claims	(1.1) Notwithstanding subsection (1) and section 221, where cause is at any time shown to the satisfaction of the Chief Electoral Officer, the Chief Electoral Officer may, on application in writing by the claimant or by the candidate or their official agent, authorize in writing the payment by a candidate through their official agent of a claim for or in relation to any election where
	(a) the claim was sent in
	(i) after the time specified by subsection 221(2), or
	(ii) to the candidate and not to the official agent; or
	(b) the payment is to be made after the time specified by subsection (1).
Judge may give leave for payment of certain claims	(2) Notwithstanding subsection (1) and section 221, where cause is at any time shown to the satisfaction of a judge competent to recount the votes given at an election, that judge, on application by the claimant or by the candidate or their official agent, may, by order, give leave for the payment by a candidate through their official agent of
	(a) a claim that was not sent in within the time specified by subsection 221(2) or paid within the time specified by subsection (1) if the claimant, candidate or official agent shows that they applied for but did not obtain an authorization under subsection (1.1); or
	(b) a claim that was not paid in compliance with an authorization obtained under subsection (1.1) if the claimant, candidate or official agent shows that they were unable to comply with it by reason of a circumstance beyond their control.
	(2) Subsection 222(2) of the Act, as it read immediately before the coming into force of subsection (1), applies with respect to any application that is before a judge on or before the day on which a notice is published under subsection 331(1), that subsection 222(2), as amended by subsection (1), may come into force.
	2. Subsection 223(1) of the Act is replaced by the following:
Action for recovery in claims deemed disputed	223. (1) Where an official agent, in the case of a claim sent in to him or her within the time limited by subsection 221(2) or authorized under subsection 222(1.1), disputes it or refuses or fails to pay it within the time specified by subsection 222(1) or authorized under subsection 222(1.1) for its payment, the claim is deemed to be a disputed claim and the claimant may, if he or she thinks fit, bring an action to recover the claim in any competent court.
	3. Paragraph 228(d) of the Act is replaced by the following:
	(d) the unpaid claims, if any, in respect of which application has been or is about to be made under subsection 222(1.1) or (2), in so far as the official agent is aware;
	4. Subsection 231(2) of the Act is replaced by the following:
Supplemen- tary return when payment deadline extended	(2) Where the Chief Electoral Officer has authorized a payment under subsection 222(1.1) or a judge has approved a payment under subsection 222(2) of which the official agent is aware, the official agent shall, within one week after the authorization or approval, comply with sections 228 to 230 and 232 to 240 as fully as possible by means of a supplementary return respecting election expenses.
	5. The portion of subsection 233(2) of the Act before paragraph (a) is replaced by the following:
Repayment of excess contributions	(2) Where, after payment to the Receiver General of an excess amount under paragraph 232(i), the official agent makes, or is required or authorized to make, a further payment pursuant to the authorization of the Chief Electoral Officer under subsection 222(1.1), pursuant to leave granted by a judge under subsection 222(2) or pursuant to a judgment or order of a court made in respect of an action brought under subsection 223(1), the official agent may make application to the Chief Electoral Officer for the repayment to the official agent of an amount not exceeding the lesser of
	6. Subsection 237(3) of the Act is replaced by the following:
Statement of payments in pursuance of authorization or leave and copy of authorization or order	(3) Where, after the date on which a return respecting election expenses is transmitted by an official agent, authorization is obtained under subsection 222(1.1) or leave is given under subsection 222(2) for any claims to be paid, the official agent shall, within seven days after the payment of the claims, transmit to the returning officer a return of the sums paid under that authorization or leave, accompanied by a copy of the authorization or order of the judge giving the leave and, in default, the official agent is deemed to have failed to comply with the requirements of this section and sections 228 to 236 and 238 to 240.
	7. Section 238 of the Act is replaced by the following:
When return and declaration not transmitted	237.1 Where the return and declarations respecting election expenses of a candidate at an election have not been transmitted as required by this Act or, having been transmitted, contain an error or false statement,
	(a) if the candidate applies in writing to the Chief Electoral Officer and shows that the failure to transmit or that the error or false statement arose by reason of the candidate's illness or the absence, death, illness or misconduct of their official agent or of a clerk or officer of that agent, or by reason of inadvertence or of any reasonable cause of a like nature, and not by reason of a want of good faith on the part of the candidate, or
	(b) if the official agent of the candidate applies in writing to the Chief Electoral Officer and shows that the failure to transmit or that the error or false statement arose by reason of the official agent's illness or the death or illness of a prior official agent of the candidate, or the absence, death, illness or misconduct of a clerk or officer of the official agent or prior official agent, or by reason of inadvertence or of any reasonable cause of a like nature, and not by reason of a want of good faith on the part of the official agent,
	the Chief Electoral Officer may, on production of any evidence of the grounds stated in the application and of the good faith of the applicant and any other evidence that the Chief Electoral Officer considers appropriate, authorize the transmission of the return and declarations within an extended time, or the retransmission of the return and declarations as amended to correct the error or false statement within an extended time, if necessary, as the case may be, and that transmission or retransmission constitutes transmission of the return and declarations respecting election expenses of a candidate at an election as required by this Act.
When return and declaration not transmitted or erroneous	238. Where the return and declarations respecting election expenses of a candidate at an election have not been transmitted as required by this Act or, having been transmitted, contain an error or false statement, and the candidate or their official agent applies to a judge competent to recount the votes given at the election, the judge may make an order for allowing an authorized excuse for the failure to transmit or for the error or false statement, that to the judge seems just if the candidate or official agent shows that the failure to transmit or that the error or false statement arose because of a reason set out in paragraph 237.1(a) or (b), as the case may be, and that the candidate or official agent either applied for and did not obtain an authorization under section 237.1 or, having obtained such an authorization, was unable to comply with it because of a circumstance beyond their control.

Bill C-411

BILL C-411