Canada Elections Act (S.C. 2000, c. 9)

Act current to 2017-11-20 and last amended on 2016-01-01. Previous Versions

Marginal note:Consent

 A leadership contestant shall obtain from the financial agent or auditor, on appointment, their signed consent to act in that capacity.

  • 2014, c. 12, s. 86.
Marginal note:Replacement of financial agent or auditor

 In the event of the death, incapacity, resignation or ineligibility of the financial agent or auditor, or the revocation of the appointment of one, the leadership contestant shall without delay appoint a replacement.

  • 2014, c. 12, s. 86.
Marginal note:Only one financial agent and auditor

 A leadership contestant shall have no more than one financial agent and one auditor at a time.

  • 2014, c. 12, s. 86.
Marginal note:Prohibition — agents
  •  (1) No person who is ineligible to be a financial agent or a leadership campaign agent of a leadership contestant shall act in that capacity.

  • Marginal note:Prohibition — auditor

    (2) No person who is ineligible to be an auditor of a leadership contestant shall act in that capacity.

  • 2014, c. 12, s. 86.
Marginal note:Changes in registered information
  •  (1) Within 30 days after a change in the information referred to in subsection 478.3(1) in respect of a leadership contestant, the leadership contestant shall report the change in writing to the Chief Electoral Officer.

  • Marginal note:New auditor or financial agent

    (2) If the report involves the replacement of the leadership contestant’s auditor or financial agent, it shall include a copy of the signed consent referred to in section 478.62.

  • Marginal note:Registration of change

    (3) The Chief Electoral Officer shall enter any change in the information referred to in this section in the registry of leadership contestants.

  • 2014, c. 12, s. 86.
Marginal note:Withdrawal of leadership contestant

 A leadership contestant who withdraws from the leadership contest shall file with the Chief Electoral Officer a statement in writing to that effect signed by the contestant and indicating the date of the withdrawal. The Chief Electoral Officer shall indicate the withdrawal in the registry of leadership contestants.

  • 2014, c. 12, s. 86.
Marginal note:Notice of withdrawal of acceptance

 A registered party that withdraws its acceptance of a leadership contestant shall file with the Chief Electoral Officer a statement in writing to that effect signed by the party’s chief agent and indicating the date of the withdrawal. The Chief Electoral Officer shall register the withdrawal of acceptance in the registry of leadership contestants.

  • 2014, c. 12, s. 86.
Marginal note:Relieved of obligations

 A leadership contestant who withdraws in accordance with section 478.67 or whose acceptance is withdrawn in accordance with section 478.68 is relieved of the obligation to provide returns under section 478.81 for any period after the withdrawal.

  • 2014, c. 12, s. 86.
Marginal note:Notification of registered party

 The Chief Electoral Officer shall, on becoming aware that a leadership contestant of a registered party has failed to comply with any requirement under this Division, notify the party accordingly.

  • 2014, c. 12, s. 86.

SUBDIVISION BFinancial Administration of Leadership Contestants

Powers, Duties and Functions of Financial Agent

Marginal note:Duty of financial agent

 A leadership contestant’s financial agent is responsible for administering the contestant’s financial transactions for their leadership campaign and for reporting on those transactions in accordance with this Act.

  • 2014, c. 12, s. 86.
Marginal note:Bank account
  •  (1) A leadership contestant’s financial agent shall open, for the sole purpose of the contestant’s leadership 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.

  • Marginal note:Account holder name

    (2) The account shall name the account holder as follows: “(name of financial agent), financial agent”.

  • Marginal note:Payments and receipts

    (3) All of a leadership contestant’s financial transactions in relation to the contestant’s leadership campaign that involve the payment or receipt of money are to be paid from or deposited to the account.

  • Marginal note:Closure of bank account

    (4) After the end of the leadership contest or the withdrawal or death of the leadership contestant, the contestant’s financial agent shall close the account once all unpaid claims and surplus leadership campaign funds have been dealt with in accordance with this Act.

  • Marginal note:Final statement of bank account

    (5) The financial agent shall, on closing the account, provide the Chief Electoral Officer with the final statement of the account.

  • 2014, c. 12, s. 86.
Marginal note:Prohibition — accepting contributions, borrowing
  •  (1) No person or entity, other than a leadership campaign agent of a leadership contestant, shall accept contributions to the contestant’s leadership campaign or borrow money on the contestant’s behalf under section 373.

  • Marginal note:Prohibition — accepting goods, services or funds or transferring funds

    (2) No person or entity, other than a leadership campaign agent of a leadership contestant, shall, on the contestant’s behalf,

    • (a) accept a provision of goods or services, or a transfer of funds, if the provision or transfer is permitted under section 364 or 365; or

    • (b) transfer funds, if the transfer is permitted under section 364.

  • Marginal note:Prohibition — accepting certain transfers of funds

    (3) No leadership campaign agent of a leadership contestant shall, on the contestant’s behalf, accept a transfer of funds from a registered party or registered association, except the transfer by a registered party of an amount out of a directed contribution as defined in subsection 365(2).

  • Marginal note:Prohibition — paying leadership campaign expenses

    (4) No person or entity, other than a leadership campaign agent of a leadership contestant, shall pay the contestant’s leadership campaign expenses, other than personal expenses.

  • Marginal note:Prohibition — incurring leadership campaign expenses

    (5) No person or entity, other than the leadership contestant or one of their leadership campaign agents, shall incur the contestant’s leadership campaign expenses.

  • Marginal note:Prohibition — paying contestant’s personal expenses

    (6) No person or entity, other than the leadership contestant or their financial agent, shall pay the contestant’s personal expenses.

  • 2014, c. 12, s. 86.

Recovery of Claims for Debts

Marginal note:Claim for payment

 A person who has a claim to be paid for a leadership campaign expense shall send the invoice or other document evidencing the claim to the leadership contestant’s financial agent or, if there is no financial agent, to the leadership contestant.

  • 2014, c. 12, s. 86.
Marginal note:Payment within three years
  •  (1) If a claim for a leadership campaign expense is evidenced by an invoice or other document that has been sent under section 478.74, or if a claim for repayment of a loan is made to the leadership contestant under section 373, the claim shall be paid within three years after the day on which the leadership contest ends.

  • Marginal note:Prohibition — payment without authorization

    (2) No leadership contestant and no financial agent of a leadership contestant shall pay a claim referred to in subsection (1) after the expiry of the three-year period referred to in that subsection unless authorized to do so under section 478.77 or 478.78, or ordered to do so as a result of proceedings commenced under section 478.79.

  • 2014, c. 12, s. 86.
Marginal note:Unenforceable contracts

 A contract in relation to a leadership campaign is not enforceable against the leadership contestant unless it was entered into by the contestant personally or by one of the contestant’s leadership campaign agents.

  • 2014, c. 12, s. 86.
Marginal note:Irregular claims or payments — Chief Electoral Officer
  •  (1) On the written application of a person who has a claim to be paid for a leadership campaign expense in relation to a leadership contestant or to be paid for a loan made to the contestant under section 373, or on the written application of the contestant’s financial agent or the contestant, the Chief Electoral Officer may, on being satisfied that there are reasonable grounds for so doing, in writing authorize the contestant’s financial agent to pay the amount claimed if the payment of the expense or the repayment of the loan was not made within the three-year period referred to in subsection 478.75(1).

  • Marginal note:Conditions

    (2) The Chief Electoral Officer may impose any term or condition that he or she considers appropriate on a payment authorized under subsection (1).

  • 2014, c. 12, s. 86.
 
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