Bill C-2
If you have any questions or comments regarding the accessibility of this publication, please contact us at accessible@parl.gc.ca.
Period for
providing
documents
|
(3) The chief agent of a registered party
shall provide the documents referred to in
subsection (1) to the Chief Electoral Officer
within six months after the polling day for the
general election.
|
|
Auditor's
report on
return on
election
expenses
|
430. (1) As soon as practicable after a
general election, the auditor of a registered
party shall report to its chief agent on its return
on general election expenses and shall make
any examination that will enable the auditor to
give an opinion in the report as to whether the
report presents fairly and in accordance with
generally accepted accounting principles the
information contained in the financial records
on which the return is based.
|
|
Statement
|
(2) An auditor shall include in the report
under subsection (1) any statement the auditor
considers necessary if
|
|
|
|
|
|
|
|
|
|
|
Right of
access
|
(3) The auditor for a registered party shall
have access at any reasonable time to all
documents of the registered party, and may
require the registered agents and officers of
the party to provide any information or
explanation that, in the auditor's opinion, may
be necessary to enable the auditor to prepare
the report.
|
|
Prohibi- tions - true and complete returns
|
431. No chief agent of a registered party
shall provide the Chief Electoral Officer with
a return on the registered party's general
election expenses that
|
|
|
|
|
|
|
|
|
Corrections and Extended Reporting Periods
|
|
Minor
corrections -
Chief
Electoral
Officer
|
432. (1) The Chief Electoral Officer may
correct a document referred to in subsection
424(1) or 429(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 a registered party to correct,
within a specified period, a document referred
to in subsection 424(1) or 429(1).
|
|
Extension or
correction -
Chief
Electoral
Officer
|
433. (1) The Chief Electoral Officer, on the
written application of the chief agent of a
registered party or, if there is no chief agent,
its leader, may authorize
|
|
|
|
|
|
|
|
Deadline
|
(2) An application may be made
|
|
|
|
|
|
|
|
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
|
|
|
|
|
|
|
|
|
|
|
Extension or
correction -
judge
|
434. (1) The chief agent of a registered
party or, if there is no chief agent, its leader,
may apply to a judge who is competent to
conduct a recount for an order
|
|
|
|
|
|
|
|
|
The applicant shall notify the Chief Electoral
Officer of the application.
|
|
Deadline
|
(2) An application may be made
|
|
|
|
|
|
|
|
|
|
|
|
|
|
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 paragraph
433(3)(a) to (c).
|
|
Contents of
order
|
(4) An order may require that the applicant
satisfy any condition that the judge considers
necessary for carrying out the purposes of this
Act.
|
|
Date of
authorization
|
(5) For the purposes of this Act, an
extension or correction referred to in
subsection (1) is authorized on the date of the
order or, if the order specifies that conditions
are to be met, the date as of which the
applicant has met them.
|
|
|
Reimbursement of Election Expenses
|
|
Certificate
|
435. (1) On receipt from a registered party
of the documents referred to in subsection
429(1), the Chief Electoral Officer shall
provide the Receiver General with a
certificate that sets out the amount that is
22.5% of the registered party's election
expenses that were paid by its registered
agents as set out in the return for its general
election expenses, if
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
Reimburse- ment
|
(2) On receipt of the certificate, the
Receiver General shall reimburse the amount
set out in it to the registered party by paying
that amount out of the Consolidated Revenue
Fund.
|
|
|
DIVISION 4 |
|
|
Financial Administration of Candidates
|
|
|
Powers, Duties and Functions of Official
Agent
|
|
Duty of
official agent
|
436. The official agent of a candidate is
responsible for administering the candidate's
financial transactions for his or her electoral
campaign and for reporting on those
transactions in accordance with the provisions
of this Act.
|
|
Bank account
|
437. (1) An official agent of a candidate
shall open 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 and
year of
opening
|
(2) The account must indicate the date on
which it was opened and name the account
holder as follows: ``(name of official agent),
official agent for (name of candidate, year)''.
|
|
Payments and
receipts
|
(3) All financial transactions of the
candidate in relation to an electoral campaign
that involve the payment or receipt of money
are to be paid from or deposited to the account.
|
|
Closure of
bank account
|
(4) The official agent of a candidate shall
close the account after the election or the
withdrawal or death of the candidate, and the
subsequent disposal of any surplus of electoral
funds in accordance with this Act.
|
|
Final
statement of
bank account
|
(5) The official agent shall, on closing the
account, provide the Chief Electoral Officer
with the final statement of the account.
|
|
Prohibition -
making
contributions
|
438. (1) No person or entity, other than an
electoral district association or a registered
party, shall make
|
|
|
|
|
|
|
|
Prohibition -
accepting
contributions
|
(2) No person, other than an official agent
of a candidate, shall accept contributions to
the candidate's electoral campaign.
|
|
Prohibition -
issuing tax
receipts
|
(3) No person, other than an official agent
of a candidate, shall provide official receipts
to contributors of monetary contributions to a
candidate for the purpose of subsection 127(3)
of the Income Tax Act.
|
|
Prohibition -
paying
electoral
expenses
|
(4) No person or entity, other than the
official agent of a candidate, shall pay
expenses in relation to the candidate's
electoral campaign except for petty expenses
referred to in section 411 and the candidate's
personal expenses.
|
|
Prohibition -
incurring
electoral
expenses
|
(5) No person or entity, other than a
candidate, his or her official agent or a person
authorized under paragraph 446(c) to enter
into contracts, shall incur expenses in relation
to the candidate's electoral campaign.
|
|
Prohibition -
candidate's
personal
expenses
|
(6) No person, other than a candidate or his
or her official agent, shall pay the candidate's
personal expenses.
|
|
Exception
|
(7) Subsection (4) or (5), as the case may be,
does not apply to a registered agent of a
registered party who pays or incurs expenses
in relation to the electoral campaign of the
leader of the registered party.
|
|
|
Notice of Nomination Meeting
|
|
Limits on
expenses
|
439. (1) The amount that may be spent on
providing notice of meetings that are to be
held during an election period for the principal
purpose of nominating a candidate for an
election in an electoral district cannot be more
than 1% of the maximum election expenses
|
|
|
|
|
|
|
|
Prohibition on
official
agents,
candidates
and
authorized
persons
|
(2) No candidate, official agent of a
candidate or person who is authorized under
paragraph 446(c) to enter into contracts shall
incur or cause to be incurred expenses on
account of notices referred to in subsection (1)
that are in excess of the amount determined
under that subsection.
|
|
|
Election Expenses Limit
|
|
Maximum
election
expenses
allowed
|
440. The election expenses limit that is
allowed for a candidate's election expenses in
an electoral district is the product of the base
amount for an electoral district determined
under section 441 and the inflation adjustment
factor referred to in section 414 as of the day
of the issue of the writ.
|
|
Base amount
of expenses
|
441. (1) The base amount of a candidate's
election expenses in an electoral district is the
aggregate of the following amounts, based on
the number of electors on the preliminary lists
of electors for the electoral district or on the
revised lists of electors for the electoral
district, whichever is greater:
|
|
|
|
|
|
|
|
|
|
|
Less than
average
population
districts
|
(2) If the number of electors on the
preliminary lists of electors for an electoral
district is less than the average number of such
electors for all electoral districts in a general
election or, in the case of a by-election, in the
immediately preceding general election, then,
for the purpose of subsection (1), the number
of electors is deemed to be the number that is
half-way between the number referred to in
that subsection and that average number.
|
|
Low
population- density districts
|
(3) If the number of electors per square
kilometre on the preliminary lists of electors
for an electoral district is less than 10, the base
amount for that electoral district is increased
by the lesser of $0.31 per square kilometre and
25% of the base amount.
|
|
Death of
candidate of
registered
party
|
(4) If a candidate for an electoral district
whose nomination was endorsed by a
registered party dies in the period beginning at
2:00 p.m. on the 5th day before the closing day
for nominations and ending on polling day, the
base amount for that electoral district is
increased by 50%.
|
|
Estimated
expenses
|
442. (1) On October 15 in each year, the
Chief Electoral Officer shall calculate the
maximum amount referred to in section 440
for each electoral district, based on the lists of
electors in the Register of Electors, as if an
election were then to be held.
|
|
Availability of
estimates
|
(2) The maximum amount for an electoral
district must be sent
|
|
|
|
|
|
|
|
Maximum
amount not
guaranteed
|
(3) The maximum amount calculated under
subsection (1) is an estimate and, as such, may
be increased or decreased for an electoral
district in the subsequent election period.
|
|
Prohibition -
expenses
more than
maximum
|
443. (1) No candidate, official agent of a
candidate or person authorized under
paragraph 446(c) to enter into contracts shall
incur election expenses in an amount that is
more than the election expenses limit
calculated under section 440.
|
|
Prohibition -
collusion
|
(2) No candidate, official agent of the
candidate, person authorized under paragraph
446(c) to enter into contracts or third party,
within the meaning given that expression by
section 349, shall collude with each other for
the purpose of circumventing the election
expenses limit calculated under section 440.
|
|
|
Recovery of Claims
|
|
Claim for
payment
|
444. (1) A person who has a claim to be paid
for an expense in relation to an electoral
campaign shall send the invoice or other
document evidencing the claim to
|
|
|
|
|
|
|
|
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
|
|
|
|
|