SUMMARY

This enactment amends the Canada Elections Act (“the Act”) to require the Chief Electoral Officer to issue interpretation notes and guidelines on the application of that Act to registered parties, registered associations, nomination contestants, candidates and leadership contestants. It also requires the Chief Electoral Officer, on request, to issue a written opinion on the application of provisions of the Act to an activity or practice that a registered party, registered association, nomination contestant, candidate or leadership contestant proposes to engage in.

The enactment also modifies the Chief Electoral Officer’s power under section 17 of the Act so that the power may only be exercised to allow electors to exercise their right to vote or to allow votes to be counted. It also limits the Chief Electoral Officer’s power to transmit advertising messages to electors and requires the Chief Electoral Officer to ensure that any information so transmitted is accessible to electors with disabilities.

The enactment further amends the Act to permit the Chief Electoral Officer to seek approval from parliamentary committees to test an alternative voting process (but where such a pilot project is to test a form of electronic voting, the Chief Electoral Officer must first obtain the approval of the Senate and House of Commons). The enactment also eliminates the mandatory retirement of the Chief Electoral Officer at age 65 and replaces it with a 10-year non-renewable term. It provides for the establishment of an Advisory Committee of Political Parties to provide advice to the Chief Electoral Officer on matters relating to elections and political financing. The enactment also amends the Act to provide for the appointment of field liaison officers, based on merit, to provide support to returning officers and provide a link between returning officers and the Office of the Chief Electoral Officer. It also enables the Chief Electoral Officer to temporarily suspend a returning officer during an election period and provides for the appointment of additional election officers at polling stations. Finally, it empowers registered parties and registered associations, in addition to candidates, to provide names of individuals for election officer positions and changes the deadline for providing those names from the 17th day before polling day to the 24th day before polling day.

The enactment also adds to the Act Part 16.1, which deals with voter contact calling services. Among other things, that Part requires that calling service providers and other interested parties file registration notices with the Canadian Radio-television and Telecommunications Commission, provide identifying information to the Commission and keep copies of scripts and recordings used to make calls. That Part also requires that the Canadian Radio-television and Telecommunications Commission establish and maintain a registry, to be known as the Voter Contact Registry, in which the documents it receives in relation to voter contact calling services are to be kept.

The enactment also replaces Part 18 of the Act with a new, comprehensive set of rules on political financing that corrects a number of deficiencies in the Act. Notably, the enactment

(a) increases the annual contribution limits for contributions to registered parties, registered associations, candidates and nomination and leadership contestants to $1,500 per year and by $25 per year after the first year;

• (b) increases the amount that candidates and leadership contestants may contribute to their own campaigns to $5,000 and $25,000, respectively;
• (c) permits registered parties and registered associations to make transfers to candidates before their nomination is confirmed by the returning officer;
• (d) requires a registered party’s auditor to complete a compliance audit in relation to its election expenses return indicating that the party has complied with the political financing rules;
• (e) requires registered parties, registered associations and candidates to disclose details of expenses for voter contact calling services in their returns;
• (f) reforms the rules governing unpaid claims, making it an offence for claims to remain unpaid after three years and strengthening the reporting of unpaid claims;
• (g) reforms the reporting requirements of leadership contestants;
• (h) permits higher spending limits for registered parties and candidates if an election period is longer than the 37-day minimum;
• (i) includes new rules on political loans; and
• (j) defines “capital asset” for the purposes of reporting the distribution cost of advertising or promotional material transmitted to the public using a capital asset, so that the expense is reported as the corresponding rental value for the period in which it was used, and for the purpose of the disposal of the campaign surplus.

With respect to voter identification, the enactment amends the Act to require the same voter identification for voting at the office of the returning officer in an elector’s own riding as it requires for voting at ordinary polls. It also prohibits the use of the voter information card as proof of identity, eliminates the ability of an elector to prove their identity through vouching, allows an elector to swear a written oath of their residence provided that their residence is attested to on oath by another elector, and requires an elector whose name was crossed off the electors’ list in error to take a written oath before receiving a ballot.

The enactment also amends the Act to provide an extra day of advance polling on the eighth day before polling day, creating a block of four consecutive advance polling days between the tenth and seventh days before polling day. It requires a separate ballot box for each day of advance polling and details procedures for the opening and closing of ballot boxes during an advance poll. Finally, it gives returning officers the authority to recover ballot boxes on the Chief Electoral Officer’s direction if the integrity of the vote is at risk.

The enactment also amends the Act to, among other things, establish a process to communicate polling station locations to electors, candidates and political parties, to provide that only an elector’s year of birth is to be displayed on the lists of electors used at the polls, instead of the full date of birth, to permit candidates’ representatives to move to any polling station in the electoral district after being sworn in at any polling station in the district and to establish a procedure for judicial recounts.

The enactment further amends the Act to change how the Commissioner of Canada Elections is appointed. It establishes that the Commissioner is to be appointed by the Director of Public Prosecutions for a seven-year term, subject to removal for cause, that the Commissioner is to be housed within the Director’s office but is to conduct investigations independently from the Director, and that the Commissioner is to be a deputy head for the purposes of hiring staff for his or her office and for managing human resources.

The enactment also amends the Act to add the offence of impersonating or causing another person to impersonate a candidate, a candidate’s representative, a representative of a registered party or registered association, the Chief Electoral Officer, a member of the Chief Electoral Officer’s staff, an election officer or a person authorized to act on the Chief Electoral Officer’s or an election officer’s behalf. It also adds the offences of providing false information in the course of an investigation and obstructing a person conducting an investigation. In addition, it creates offences in relation to registration on the lists of electors, registration on polling day, registration at an advance polling station and obligations to keep scripts and recordings used in the provision of voter contact calling services.

The enactment further amends the Act to provide for increases in the amount of penalties. For the more serious offences, it raises the maximum fine from $2,000 to $20,000 on summary conviction and from $5,000 to $50,000 on conviction on indictment. For most strict liability offences, it raises the maximum fine from $1,000 to $2,000. For registered parties, it raises the maximum fine from $25,000 to $50,000 on summary conviction for strict liability political financing offences and from $25,000 to $100,000 on summary conviction for political financing offences that are committed intentionally. For third parties that are groups or corporations that fail to register as third parties, it raises the maximum fine to $50,000 for strict liability offences and to $100,000 for offences that are committed intentionally and for offences applying primarily to broadcasters, it raises the maximum fine from $25,000 to $50,000.

The enactment amends the Electoral Boundaries Readjustment Act to authorize the Chief Electoral Officer to provide administrative support to electoral boundary commissions. It amends the Telecommunications Act to create new offences relating to voter contact calling services and to allow the Canadian Radio-television and Telecommunications Commission to use the inspection and investigation regime in that Act to administer and enforce part of the voter contact calling services regime in the Canada Elections Act . It amends the Conflict of Interest Act to have that Act apply to the Chief Electoral Officer. It also amends the Director of Public Prosecutions Act to provide that the Director of Public Prosecutions reports on the activities of the Commissioner of Canada Elections.

Finally, the enactment includes transitional provisions that, among other things, provide for the transfer of staff and appropriations from the Office of the Chief Electoral Officer to the Office of the Director of Public Prosecutions to support the Commissioner of Canada Elections.

Her Majesty, by and with the advice and consent of the Senate and House of Commons of Canada, enacts as follows:

SHORT TITLE

Marginal note: Short title

1. This Act may be cited as the Fair Elections Act .

2000, c. 9 CANADA ELECTIONS ACT

Amendments to the Act

• 2. (1) The definition in subsection 2(1) of the Canada Elections Act is replaced by the following:

Marginal note: 2003, c. 19, s. 1(1)

(2) The definitions , , , , , , , , , , , , and in subsection 2(1) of the Act are replaced by the following:

« candidat » means a person whose nomination as a candidate at an election has been confirmed under subsection 71(1) and who, or whose official agent, has not yet complied with sections 477.59 to 477.72 and 477.8 to 477.84 in respect of that election. « agent principal » means the chief agent named in the application of a political party to become a registered party as required under paragraph 385(2)(h) or a chief agent’s replacement appointed under subsection 400(1). « période électorale » means the period beginning with the issue of the writ and ending on polling day or, if the writ is withdrawn under subsection 59(1) or is deemed to be withdrawn under subsection 31(3) of the Parliament of Canada Act , on the day that the writ is withdrawn or deemed to be withdrawn. « agent de circonscription » means a person appointed under subsection 456(1), and includes the financial agent of a registered association. « parti admissible » means a political party that satisfies the criteria for registration set out in section 387. « agent de campagne à la direction » means a person appointed under subsection 478.5(1), and includes the financial agent of a leadership contestant. « dépense de campagne à la direction » means an expense reasonably incurred by or on behalf of a leadership contestant during a leadership contest as an incidence of the contest, including a personal expense as defined in section 478. « candidat à la direction » means a person who has been registered in the registry of leadership contestants referred to in section 478.4 in respect of a leadership contest and who, or whose financial agent, has not yet complied with sections 478.8 to 478.97 in respect of that leadership contest. « dépense de campagne d’investiture » means an expense reasonably incurred by or on behalf of a nomination contestant during a nomination contest as an incidence of the contest, including a personal expense as defined in section 476. « candidat à l’investiture » means a person who is named as a nomination contestant under paragraph 476.1(1)(c) in a report filed in accordance with subsection 476.1(1) in respect of a nomination contest and who, or whose financial agent, has not yet complied with sections 476.75 to 476.94 in respect of that nomination contest. « agent officiel » means a person appointed under subsection 477.1(1) or an official agent’s replacement appointed under section 477.42. « agent enregistré » means a person appointed under subsection 396(1), and includes the chief agent of a registered party. « association enregistrée » means an electoral district association that is registered in the registry of electoral district associations referred to in section 455. « parti enregistré » means a political party that is registered in the registry of political parties referred to in section 394 as a registered party.

• (g) the prescribed forms referred to in section 162 and any other prescribed form to be used at a polling station that contains personal information relating to an elector.

• (c) in relation to the Provinces of Nova Scotia, British Columbia and Prince Edward Island, a judge of the Supreme Court of the Province;

• (e) in relation to the Province of Newfoundland and Labrador, a judge of the Trial Division of the Supreme Court of Newfoundland and Labrador;

« bien immobilisé » means any property with a commercial value of more than $200 that is normally used outside an election period other than for the purposes of an election.

Marginal note: 2006, c. 9, s. 39

Marginal note: Commercial value of capital assets

• (a) the commercial value of the rental of the same kind of asset during the period during which the capital asset was used, and
• (b) the commercial value of the same kind of asset if one were purchased.

Marginal note: No commercial value

• (a) the property or service is provided by a Canadian citizen, or a permanent resident as defined in subsection 2(1) of the Immigration and Refugee Protection Act , who is not in the business of providing that property or service; and
• (b) the commercial value of the property or service is $200 or less.

• Definition of (6) If a writ for an election is withdrawn under subsection 59(1) or is deemed to be withdrawn under subsection 31(3) of the Parliament of Canada Act , then, in Part 17 and Divisions 1, 2, 4 and 5 of Part 18, means the day that the writ is withdrawn or deemed to be withdrawn.

3. Section 13 of the Act is replaced by the following:

Marginal note: Appointment and term of office

13. (1) There shall be a Chief Electoral Officer who shall be appointed by resolution of the House of Commons to hold office during good behaviour for a term of 10 years. He or she may be removed for cause by the Governor General on address of the Senate and House of Commons.

Marginal note: No re-appointment

4. Paragraph 16(d) of the Act is replaced by the following:

• (d) exercise the powers and perform the duties and functions that are necessary for the administration of this Act, other than Division 1.1 of Part 16.1.

5. The Act is amended by adding the following after section 16:

Marginal note: Guidelines and interpretation notes

16.1 (1) The Chief Electoral Officer shall, in accordance with this section, issue guidelines and interpretation notes on the application of this Act to registered parties, registered associations, nomination contestants, candidates and leadership contestants.

Marginal note: Application

Marginal note: Consultations

Marginal note: Comments

Marginal note: Pre-publication

Marginal note: Pre-publication — additional requirement

Marginal note: Issuance

Marginal note: Nature of guidelines and interpretation notes

Marginal note: Application for written opinion

16.2 (1) The Chief Electoral Officer shall, in accordance with this section, on application by the chief agent of a registered party, issue a written opinion on the application of any provision of this Act to an activity or practice that the registered party or a registered association, a nomination contestant, a candidate or a leadership contestant of the registered party proposes to engage in.

Marginal note: Consultations

Marginal note: Comments

Marginal note: Pre-publication

Marginal note: Issuance

Marginal note: Opinion binding

Marginal note: Precedential value

Marginal note: Contrary interpretation

Marginal note: New interpretation

16.3 An interpretation of a provision of the Act in a guideline or interpretation note that is published under subsection 16.1(5) or in an opinion that is published under subsection 16.2(4) that contradicts an interpretation of that provision provided in a previously issued guideline, interpretation note or opinion does not replace the interpretation in that previously issued guideline, interpretation note or opinion until the date that the guideline or interpretation note is issued under section 16.1 or the opinion is issued under section 16.2.

Marginal note: Registry

16.4 The Chief Electoral Officer shall establish and maintain a registry on his or her Internet site that contains every guideline and interpretation note that is issued under section 16.1, every opinion that is issued under section 16.2 and all comments of the Commissioner that are provided under subsection 16.1(3) or 16.2(2).

5.1 The Act is amended by adding the following before section 17:

Marginal note: Power to disclose documents and information

16.5 (1) The Chief Electoral Officer may disclose to the Commissioner any document or information that he or she has obtained under this Act and that he or she considers useful to the Commissioner in the exercise or performance of his or her powers, duties and functions under this Act.

Marginal note: Obligation to disclose documents and information

Marginal note: 2007, c. 21, s. 2

6. Subsections 17(1) and (2) of the Act are replaced by the following:

Marginal note: Power to adapt Act

17. (1) During an election period or within 30 days after it, if an emergency, an unusual or unforeseen circumstance or an error makes it necessary, the Chief Electoral Officer may, for the sole purpose of enabling electors to exercise their right to vote or enabling the counting of votes, adapt any provision of this Act and, in particular, may extend the time for doing any act, subject to subsection (2), or may increase the number of election officers or polling stations.

Marginal note: Limitation — power to adapt

7. Section 18 of the Act is replaced by the following:

Marginal note: Public education and information programs

17.1 The Chief Electoral Officer may implement public education and information programs to make the electoral process better known to students at the primary and secondary levels.

Marginal note: Advertising

• 18. (1) The Chief Electoral Officer may transmit or cause to be transmitted advertising messages, both inside and outside Canada, to inform electors about the exercise of their democratic rights. Such advertising messages shall only address
  • (a) how to become a candidate;
  • (b) how an elector may have their name added to a list of electors and may have corrections made to information respecting the elector on the list;
  • (c) how an elector may vote under section 127 and the times, dates and locations for voting;
  • (d) how an elector may establish their identity and residence in order to vote, including the pieces of identification that they may use to that end; and
  • (e) the measures for assisting electors with a disability to access a polling station or advance polling station or to mark a ballot.

  Marginal note: Clarification

  Marginal note: Communication with electors with disabilities

  Marginal note: Unsolicited calls

  Marginal note: 2001, c. 21, s. 2

  8. Section 18.1 of the Act is replaced by the following:

  Marginal note: International cooperation

  18.01 The Chief Electoral Officer may, at the Governor in Council’s request, provide assistance and cooperation in electoral matters to electoral agencies in other countries or to international organizations.

  Marginal note: Alternative voting process

  18.1 The Chief Electoral Officer may carry out studies on voting, including studies respecting alternative voting processes, and may devise and test an alternative voting process for future use in a general election or a by-election. Such a process may not be used for an official vote without the prior approval of the committees of the Senate and of the House of Commons that normally consider electoral matters or, in the case of an alternative electronic voting process, without the prior approval of the Senate and the House of Commons.

  Marginal note: Power to enter into contracts, etc.

  18.2 (1) The Chief Electoral Officer may enter into contracts, memoranda of understanding or other arrangements in the name of Her Majesty in right of Canada or in the Chief Electoral Officer’s name.

  Marginal note: Leases

  Marginal note: Contracts, etc., binding on Her Majesty

  Marginal note: Goods and services

  9. The Act is amended by adding the following after section 18.2:

  Marginal note: Signature

  18.3 A requirement under a provision of this Act for a signature may be satisfied in any manner that the Chief Electoral Officer authorizes.

  10. Section 20 of the Act is replaced by the following:

  Marginal note: Technical assistance

  20. (1) The Chief Electoral Officer may engage on a temporary basis the services of persons having technical or specialized knowledge of any matter relating to the Chief Electoral Officer’s work to advise and assist him or her in the exercise or performance of his or her powers, duties and functions under this or any other Act of Parliament and, with the Treasury Board’s approval, may fix and pay those persons’ remuneration and expenses.

  Marginal note: Casual and temporary staff

  11. The Act is amended by adding the following after section 21:

  Advisory Committee of Political Parties

  Marginal note: Establishment

  21.1 (1) A committee is established, to be known as the Advisory Committee of Political Parties, consisting of the Chief Electoral Officer and two representatives of each registered party appointed by the party’s leader.

  Marginal note: Purpose

  Marginal note: Advice and recommendations not binding

  Marginal note: Meetings

  • 12. (1) Paragraph 22(1)(a) of the Act is replaced by the following:
  • (a) field liaison officers appointed under section 23.2;
  • (a.1) returning officers appointed under subsection 24(1);
  • (g.1) persons appointed under section 32.1;

  13. The Act is amended by adding the following after section 23:

  Marginal note: Unsolicited calls

  23.1 An election officer shall not communicate with the public by the use of calls, as defined in section 348.01, that are unsolicited.

  Field Liaison Officers

  Marginal note: Appointment of field liaison officers

  23.2 (1) The Chief Electoral Officer may appoint a field liaison officer in respect of a given geographical area in accordance with the process established under subsection (2) and may remove him or her only in accordance with the procedure established under that subsection.

  Marginal note: Qualifications

  Marginal note: Meaning of merit

  • (a) any additional qualifications that the Chief Electoral Officer considers to be an asset for the work to be performed; and
  • (b) any current or future operational requirements.

  Marginal note: Period of appointment

  Marginal note: Re-appointment

  Marginal note: Continuation in office

  Marginal note: Responsibilities

  • (a) providing support to returning officers;
  • (b) acting as an intermediary between the returning officers and the Office of the Chief Electoral Officer; and
  • (c) on the Chief Electoral Officer’s request, providing support in relation to the appointment of returning officers.

  Marginal note: No partisan conduct

  Marginal note: Removal from office

  • (a) is incapable, by reason of illness, physical or mental disability or otherwise, of satisfactorily performing their duties and functions under this Act;
  • (b) fails to discharge competently a field liaison officer’s duties and functions under this Act or to comply with an instruction of the Chief Electoral Officer issued under paragraph 16(c); or
  • (c) contravenes subsection (8), whether or not the contravention occurs in the performance of their duties and functions under this Act.

  Marginal note: 2003, c. 19, s. 2

  • 14. (1) Subsection 24(6) of the Act is replaced by the following:

  Marginal note: No partisan conduct

  Marginal note: Temporary suspension

  Marginal note: Duration of suspension

  15. Subsection 27(1) of the Act is replaced by the following:

  Marginal note: Delegation

  • 27. (1) The returning officer for an electoral district may, with the Chief Electoral Officer’s prior approval, authorize any person acting under his or her direction to perform any of the duties or functions of a returning officer under this Act, except those described in subsection 24(3), sections 62, 63 and 67, subsections 71(1) and 72(1), sections 74, 77, 103, 104, 130, 293 to 298 and 300, subsection 301(6) and sections 313 to 316.
  • 16. (1) Section 28 of the Act is amended by adding the following after subsection (3):

  Marginal note: Designated person to act

  Marginal note: 2006, c. 9, s. 176

  (2) Subsection 28(3.1) of the French version of the Act is replaced by the following:

  Marginal note: Exercice de l’intérim par une autre personne

  17. The Act is amended by adding the following after section 32:

  Marginal note: Additional election officers

  32.1 After the issue of the writ, a returning officer may, with the Chief Electoral Officer’s approval, in the prescribed form, appoint any other person whose attendance is, in the returning officer’s opinion, necessary for the conduct of the vote or the counting of the votes at a polling station or an advance polling station, and may assign to that person any duties or functions that the returning officer considers to be appropriate.

  18. Subsection 34(1) of the Act is replaced by the following:

  Marginal note: Deputy returning officers

  • 34. (1) Each deputy returning officer referred to in paragraph 32(b) or (c) shall be appointed from lists of names of suitable persons provided by the candidate of the registered party whose candidate finished first in the electoral district in the last election or by the registered association of that registered party or, if there is no registered association, by that registered party.

  19. Subsection 35(1) of the Act is replaced by the following:

  Marginal note: Poll clerks

  • 35. (1) Each poll clerk referred to in paragraph 32(b) or (c) shall be appointed from lists of names of suitable persons provided by the candidate of the registered party whose candidate finished second in the electoral district in the last election or by the registered association of that registered party or, if there is no registered association, by that registered party.

  20. Sections 36 and 37 of the Act are replaced by the following:

  Marginal note: Appointment

  36. A returning officer shall proceed to appoint deputy returning officers and poll clerks from other sources if, by the 24th day before polling day, none of the candidate, the registered association and the registered party has made a recommendation or all three have not, as a group, recommended a sufficient number of suitable persons.

  Marginal note: Refusal to appoint

  37. (1) A returning officer may, on reasonable grounds, refuse to appoint a deputy returning officer or a poll clerk recommended by a candidate, a registered association or a registered party and shall immediately advise the candidate, registered association or registered party of the refusal.

  Marginal note: Recommendation of another person

  21. Subsections 39(3) and (4) of the Act are replaced by the following:

  Marginal note: Solicitation of names

  Marginal note: Equal distribution of appointments

  • (a) appoint half of the registration officers from among the persons recommended under subsection (3) by the candidate of the registered party whose candidate finished first in the last election in the electoral district or by the registered association of that registered party or, if there is no registered association, by that registered party; and
  • (b) appoint half of the registration officers from among the persons recommended under subsection (3) by the candidate of the registered party whose candidate finished second in the last election in the electoral district or by the registered association of that registered party or, if there is no registered association, by that registered party.

  If the candidate, registered association and registered party do not, as a group, provide a sufficient number of names of suitable persons, the registered party’s remaining share of the appointments shall be made from among the names solicited by the returning officer from other sources.

  • 22. (1) Subsection 41(1) of the Act is replaced by the following:

  Marginal note: Results transposed

  • 41. (1) When a new electoral district is established, the Chief Electoral Officer shall transpose the results from the previous general election to the polling divisions that are in the new electoral district in order to determine which registered parties’ candidates, registered associations or registered parties have the right to provide the returning officer for that electoral district with lists of persons to be appointed as election officers.

  Marginal note: Notice

  • (d) is under a court-ordered protective regime, including guardianship, tutorship or curatorship, and whose authorized representative under the regime requests in writing that the person’s name be deleted.

  Marginal note: Conditions

  24. Paragraphs 64(2)(a) and (b) of the Act are replaced by the following:

  • (a) the name and political affiliation, if any, of each candidate, as stated in the nomination papers, in the order in which their names are to be placed on the ballots;
  • (b) the name of the official agent for each candidate, as stated in the nomination papers; and

  25. Paragraph 65(i) of the Act is replaced by the following:

  • (i) a person who was a candidate in a previous election and for whom a return, report, document or declaration has not been provided under subsection 477.59(1), if the time and any extension for providing it have expired.
  • 26. (1) Subparagraph 66(1)(a)(iv) of the Act is replaced by the following:
  • (iv) the name, address and occupation of the prospective candidate’s auditor appointed under subsection 477.1(2), and
  • b) un ou plusieurs des prénoms peuvent être remplacés par un surnom — sauf un surnom susceptible d’être confondu avec le nom d’un parti politique — sous lequel la personne qui désire se porter candidat est publiquement connue et, dans ce cas, le surnom peut être accompagné des initiales du ou des prénoms;

  Marginal note: Public knowledge of nickname

  Marginal note: 2001, c. 21, s. 8

  27. Paragraph 67(4)(c) of the Act is replaced by the following:

  • (c) if applicable, an instrument in writing, signed by the leader of the political party or by a person referred to in subsection 406(2), that states that the prospective candidate is endorsed by the party in accordance with section 68.

  28. Subsection 73(2) of the French version of the Act is replaced by the following:

  Marginal note: Sanction

  Marginal note: 2003, c. 19, ss. 3 and 4

  29. The heading before section 82 and sections 82 to 88 of the Act are repealed.

  30. Section 90 of the Act is repealed.

  Marginal note: 2006, c. 9, s. 40

  31. The heading before section 92.1 and sections 92.1 to 92.6 of the Act are repealed.

  32. Section 95 of the Act is amended by adding the following after subsection (3):

  Marginal note: Change in polling station address

  33. Section 96 of the Act is renumbered as subsection 96(1) and is amended by adding the following:

  Marginal note: Cancellation of by-election

  34. Section 98 of the Act is replaced by the following:

  Marginal note: Revision offices

  98. The returning officer may open one or more offices for the revision of the preliminary lists of electors. The office or offices shall have level access.

  • 35. (1) Section 101 of the Act is amended by adding the following after subsection (1):

  Marginal note: Prescribed registration form

  Marginal note: Change of address

  36. Section 106 of the Act is replaced by the following:

  Marginal note: Official list of electors

  106. Each returning officer shall, without delay after the 7th day before polling day but no later than the 3rd day before polling day, prepare the official list of electors for each polling division for use on polling day.

  Marginal note: 2007, c. 21, s. 18

  37. Subsections 107(2) and (3) of the Act are replaced by the following:

  Marginal note: Transmittal of list

  Marginal note: Transmittal to candidates

  38. Subsection 110(1) of the Act is replaced by the following:

  Marginal note: Registered parties

  110. (1) A registered party that, under section 45, subsection 93(1.1) or section 109, receives a copy of lists of electors may use the lists for communicating with electors, including using them for soliciting contributions and recruiting party members.

  Marginal note: Eligible parties

  • 39. (1) Section 111 of the Act is amended by adding the following after paragraph (d):
  • (d.1) compel, induce or attempt to compel or induce any other person to make a false or misleading statement relating to that other person’s qualification as an elector for the purposes of the inclusion of that other person’s name in a list of electors;
  • (i) to enable registered parties, eligible parties, members or candidates to communicate with electors in accordance with section 110, or

  Marginal note: 2001, c. 21, s. 12

  40. The portion of subsection 117(2) of the Act before paragraph (a) is replaced by the following:

  Marginal note: Name of party

  41. Paragraph 119(1)(g) of the Act is replaced by the following:

  • (g) a ballot box for polling day and a separate ballot box for each day of advance polling;

  42. Subsection 123(2) of the Act is replaced by the following:

  Marginal note: Maximum

  43. The Act is amended by adding the following after section 125:

  Marginal note: Information — location of polling stations

  125.1 (1) The returning officer for an electoral district shall in writing inform each candidate in the electoral district and each political party that has endorsed a candidate in the electoral district of the addresses of all of the polling stations in the electoral district. That information shall be provided on the later of the 24th day before polling day and the day on which the candidate’s nomination is confirmed, and the returning officer shall at the same time provide them with the information in electronic form.

  Marginal note: Notification of change — on or before 5th day before polling day

  Marginal note: Notification of change — after 5th day before polling day

  • 44. (1) Subsection 135(1) of the Act is amended by striking out “and” at the end of paragraph (e) and by adding the following after paragraph (f):
  • (g) any person appointed under section 32.1; and
  • (h) if the polling station is established for a polling division of an electoral district in which a leader of a registered party is a candidate, any media representative who, subject to any conditions that the Chief Electoral Officer considers necessary to protect the integrity of the vote and the privacy of any person present at the polling station, is authorized in writing by the Chief Electoral Officer to be present and take any photograph or make any video recording of the candidates as they cast their votes.

  Marginal note: Oath

  Marginal note: Moving between polling stations

  Marginal note: Photographs, recordings and communications devices

  • (a) shall not take any photograph or make any audio or video recording at a polling station; and
  • (b) shall not, if he or she uses a communications device at a polling station, impede any elector from exercising their right to vote or violate the secrecy of the vote.

  Marginal note: 2007, c. 21, s. 21

  • 46. (1) The portion of subsection 143(2) of the Act before paragraph (a) is replaced by the following:

  Marginal note: Proof of identity and residence

  Marginal note: 2007, c. 21, s. 21

  (2) Paragraph 143(2)(b) of the Act is replaced by the following:
  • (b) two pieces of identification of a type authorized under subsection (2.1), each of which establishes the elector’s name and at least one of which establishes the elector’s address.

  Marginal note: 2007, c. 21, s. 21

  (3) Subsection 143(2.1) of the Act is replaced by the following:

  Marginal note: Authorized types of identification

  Marginal note: 2007, c. 21, s. 21

  (4) Subsection 143(3) of the Act is replaced by the following:

  Marginal note: Alternative proof of residence

  • (a) proves their own identity and residence to the deputy returning officer and poll clerk by providing the piece or pieces of identification referred to in paragraph (2)(a) or (b), respectively; and
  • (b) attests to the elector’s residence on oath in writing in the prescribed form, the form including the statements that
    • (i) they have received the oral advice set out in subsection 143.1(2),
    • (ii) they know the elector personally,
    • (iii) they know that the elector resides in the polling division,
    • (iv) they have not attested to the residence of another elector at the election, and
    • (v) their own residence has not been attested to by another elector at the election.

    Marginal note: 2007, c. 21, s. 21

    (5) Section 143 of the Act is amended by adding the following after subsection (3.2):

    Marginal note: Examination of identification documents

    Marginal note: 2007, c. 21, s. 21

    (6) Subsections 143(5) and (6) of the Act are replaced by the following:

    Marginal note: Prohibition — attesting to residence of more than one elector

    Marginal note: Prohibition — attesting to residence (own residence attested to)

    Marginal note: 2007, c. 21, s. 21

    47. Section 143.1 of the Act is replaced by the following:

    Marginal note: Requirement before administering oath — elector

    143.1 (1) If a person decides to prove his or her residence by taking an oath in writing in the prescribed form, the person who administers the oath shall, before doing so, orally advise the oath-taker of the qualifications for electors and the penalty that may be imposed under this Act on a person who is found guilty of voting or attempting to vote at an election knowing that he or she is not qualified as an elector or who contravenes subsection 549(3).

    Marginal note: Requirement before administering oath — attesting to residence

    Marginal note: 2007, c. 21, s. 22

    48. Sections 147 and 148 of the Act are replaced by the following:

    Marginal note: Person in whose name another has voted

    147. If a person asks for a ballot at a polling station after someone else has voted under that person’s name, the person shall not be allowed to vote unless he or she takes an oath in writing in the prescribed form. The form is to state the penalty that may be imposed under this Act on a person who is found guilty of requesting a second ballot at an election contrary to section 7 or of applying for a ballot in a name that is not his or her own contrary to paragraph 167(1)(a).

    Marginal note: Name crossed off list in error

    148. If an elector claims that his or her name has been crossed off in error from an official list of electors under subsection 176(2) or (3), the elector shall not be allowed to vote unless the returning officer verifies that the elector’s name was crossed off in error or the elector takes the oath referred to in section 147 in writing.

    Marginal note: 2007, c. 21, s. 22

    49. Subsection 148.1(1) of the Act is replaced by the following:

    Marginal note: Failure to prove identity or residence

    • 148.1 (1) An elector who fails to prove his or her identity and residence in accordance with section 143 or to take an oath otherwise required by this Act shall not receive a ballot or be allowed to vote.

    Marginal note: 2007, c. 21, s. 26(1)

    • 50. (1) The portion of subsection 161(1) of the French version of the Act before paragraph (a) is replaced by the following:

    Marginal note: Inscription le jour du scrutin

    • 161. (1) L’électeur dont le nom ne figure pas déjà sur la liste électorale peut, le jour du scrutin, s’inscrire en personne :

    Marginal note: 2007, c. 37, s. 2

    (1.1) Paragraphs 161(1)(a) and (b) of the Act are replaced by the following:
    • (a) provides as proof of his or her identity and residence the piece or pieces of identification referred to in paragraph 143(2)(a) or (b), respectively, the piece or one of those pieces containing an address that proves his or her residence; or
    • (b) proves his or her identity by providing two pieces of identification of a type authorized under subsection 143(2.1) that establish the elector’s name, proves his or her residence by taking an oath in writing in the prescribed form — the form including the statement that he or she has received the oral advice set out in subsection 161.1(1) — and is accompanied by another elector whose name appears on the list of electors for the same polling division who
      • (i) proves their own identity and residence by providing the piece or pieces of identification referred to in paragraph 143(2)(a) or (b), respectively, the piece or one of those pieces containing either an address that proves that other elector’s residence or an address that is consistent with information related to that other elector that appears on the list of electors, and
      • (ii) attests to the elector’s residence on oath in writing in the prescribed form, the form including the statements that
        • (A) they have received the oral advice set out in subsection 161.1(2),
        • (B) they know the elector personally,
        • (C) they know that the elector resides in the polling division,
        • (D) they have not attested to the residence of another elector at the election, and
        • (E) their own residence has not been attested to by another elector at the election.

        Marginal note: Examination of identification documents

        Marginal note: Registration certificate

        Marginal note: Prohibition — registration on polling day

        • (a) knowingly apply to be registered on polling day in a name that is not their own;
        • (b) knowingly apply, except as authorized by this Act, to be registered on polling day to vote in a polling division in which they are not ordinarily resident;
        • (c) apply to be registered on polling day to vote in an electoral district knowing that they are not qualified as an elector or entitled to vote in the electoral district; or
        • (d) compel, induce or attempt to compel or induce any other person to make a false or misleading statement relating to that other person’s qualification as an elector for the purposes of the registration of that other person on polling day.

        Marginal note: 2007, c. 21, s. 26(2)

        (5) Subsections 161(6) and (7) of the Act are replaced by the following:

        Marginal note: Prohibition — attesting to residence of more than one elector

        Marginal note: Prohibition — attesting to residence (own residence attested to)

        Marginal note: 2007, c. 21, s. 27

        51. Section 161.1 of the Act is replaced by the following:

        Marginal note: Requirement before administering oath — elector

        161.1 (1) If a person decides to prove his or her residence by taking an oath in writing in the prescribed form, the person who administers the oath shall, before doing so, orally advise the oath-taker of the qualifications for electors and the penalty that may be imposed under this Act on a person who contravenes subsection 161(5.1) or 549(3).

        Marginal note: Requirement before administering oath — attesting to residence

        Marginal note: 2007, c. 21, s. 28

        52. Paragraphs 162(i.1) and (i.2) of the Act are replaced by the following:

        • (i.1) prepare, at intervals of no less than 30 minutes, using the prescribed form and as directed by the Chief Electoral Officer, a document permitting the identification of every elector who during that interval has exercised his or her right to vote on polling day — excluding electors who registered on that day — and, on request, provide it to a candidate’s representative;
        • (i.2) prepare, each day after the close of the advance polling station, using the prescribed form and as directed by the Chief Electoral Officer, a document permitting the identification of every elector who has exercised his or her right to vote on that day — excluding electors who registered on that day — and, on request, provide it to a candidate’s representative; and

        53. The Act is amended by adding the following after section 164:

        Audit

        Marginal note: Engagement of auditor

        164.1 For each general election and by-election, the Chief Electoral Officer shall engage an auditor that he or she considers to have technical or specialized knowledge — other than a member of his or her staff or an election officer — to perform an audit and report on whether deputy returning officers, poll clerks and registration officers have, on all days of advance polling and on polling day, properly exercised the powers conferred on them, and properly performed the duties and functions imposed on them, under sections 143 to 149, 161 to 162 and 169.

        Marginal note: 2007, c. 21, s. 30(1)

        • 54. (1) The portion of subsection 169(2) of the French version of the Act before paragraph (a) is replaced by the following:

        Marginal note: Conditions

        Marginal note: 2007, c. 37, s. 3

        (1.1) Paragraphs 169(2)(a) and (b) of the Act are replaced by the following:
        • (a) provides as proof of his or her identity and residence the piece or pieces of identification referred to in paragraph 143(2)(a) or (b), respectively, the piece or one of those pieces containing an address that proves his or her residence; or
        • (b) proves his or her identity by providing two pieces of identification of a type authorized under subsection 143(2.1) that establish the elector’s name, proves his or her residence by taking an oath in writing in the prescribed form — the form including the statement that he or she has received the oral advice set out in subsection 169.1(1) — and is accompanied by another elector whose name appears on the list of electors for the same polling division who
          • (i) proves their own identity and residence by providing the piece or pieces of identification referred to in paragraph 143(2)(a) or (b), respectively, the piece or one of those pieces containing either an address that proves that other elector’s residence or an address that is consistent with information related to that other elector that appears on the list of electors, and
          • (ii) attests to the elector’s residence on oath in writing in the prescribed form, the form including the statements that
            • (A) they have received the oral advice set out in subsection 169.1(2),
            • (B) they know the elector personally,
            • (C) they know that the elector resides in the polling division,
            • (D) they have not attested to the residence of another elector at the election, and
            • (E) their own residence has not been attested to by another elector at the election.

            Marginal note: Examination of identification documents

            Marginal note: Registration certificate

            Marginal note: Prohibition — registration at advance polling station

            • (a) knowingly apply to be registered at an advance polling station in a name that is not their own;
            • (b) knowingly apply, except as authorized by this Act, to be registered at an advance polling station to vote in an advance polling district in which they are not ordinarily resident;
            • (c) apply to be registered at an advance polling station to vote in an electoral district knowing that they are not qualified as an elector or entitled to vote in the electoral district; or
            • (d) compel, induce or attempt to compel or induce any other person to make a false or misleading statement relating to that other person’s qualification as an elector for the purposes of the registration of that other person at an advance polling station.

            Marginal note: 2007, c. 21, s. 30(2)

            (4) Subsections 169(5) and (6) of the Act are replaced by the following:

            Marginal note: Prohibition — attesting to residence of more than one elector

            Marginal note: Prohibition — attesting to residence (own residence attested to)

            Marginal note: 2007, c. 21, s. 31

            55. Section 169.1 of the Act is replaced by the following:

            Marginal note: Requirement before administering oath — elector

            169.1 (1) If a person decides to prove his or her residence by taking an oath in writing in the prescribed form, the person who administers the oath shall, before doing so, orally advise the oath-taker of the qualifications for electors and the penalty that may be imposed under this Act on a person who contravenes subsection 169(4.1) or 549(3).

            Marginal note: Requirement before administering oath — attesting to residence

            56. Subsection 171(2) of the Act is replaced by the following:

            Marginal note: When advance polling stations to be open

            Marginal note: 2007, c. 21, s. 33

            57. Paragraph 174(1)(a) of the Act is replaced by the following:

            • (a) the elector fails to prove his or her identity and residence in accordance with section 143 or to take an oath otherwise required by this Act; or
            • 58. (1) The portion of subsection 175(1) of the Act before paragraph (b) is replaced by the following:

            Marginal note: Examining and sealing of ballot box

            • 175. (1) At the opening of an advance polling station at noon on each of the four days of advance polling, the deputy returning officer shall, in full view of the candidates or their representatives who are present,
              • (a) open the ballot box provided for that day and ascertain that it is empty;

              Marginal note: Close of advance poll — each day

              • (e) place the envelopes referred to in paragraphs (b) and (c) in the ballot box after the signatures have been made as described in subsection (4), and seal the ballot box; and
              • (f) after the signatures have been made as described in subsection (4), place the envelope referred to in paragraph (d) in a box provided by the Chief Electoral Officer and seal the box with a seal provided by the Chief Electoral Officer.

              Marginal note: Close of advance poll — last day

              • (a) unseal and open the ballot box;
              • (b) empty the ballots cast during that day, in a manner that does not disclose for whom any elector has voted, into the envelope supplied for the purpose, seal the envelope with the seal provided by the Chief Electoral Officer and indicate on it the number of ballots contained in it;
              • (c) count the spoiled ballots, place them in the envelope supplied for the purpose, seal the envelope and indicate on it the number of spoiled ballots contained in it;
              • (d) count the unused ballots and the number of electors who have voted at the advance polling station and place the unused ballots and a copy of the record of votes cast at the advance polling station in the envelope supplied for the purpose, seal the envelope with the seal provided by the Chief Electoral Officer and indicate on it the number of unused ballots contained in it and the number of electors who have voted; and
              • (e) place the envelopes referred to in paragraphs (b) to (d) in the ballot box after the signatures have been made as described in subsection (4), and seal the ballot box.

              Marginal note: Affixing of signatures

              Marginal note: Re-opening of advance poll

              • (a) unseal and open the box referred to in paragraph (2)(f) that was used on the previous day of advance polling, take out and open the envelope that contains the unused ballots and the record of votes cast at the advance polling station and dispose of the box; and
              • (b) open, seal and place a new ballot box in accordance with paragraphs (1)(a) to (c).

              Marginal note: Custody of ballot box

              Marginal note: Recovery of ballot box

              Marginal note: Candidates may check seals

              59. Subsection 233(3) of the Act is replaced by the following:

              Marginal note: Information provided

              60. Section 237 of the Act is replaced by the following:

              Marginal note: Provision of ballot

              237. Subject to section 237.1, on acceptance of an elector’s application for registration and special ballot, the elector shall be given a special ballot, or, if section 241 applies, a ballot, an inner envelope and an outer envelope.

              Marginal note: Proof of identity and residence

              237.1 (1) If an elector goes to the office of a returning officer to receive his or her ballot or special ballot, then before receiving it the elector shall prove his or her identity and residence in accordance with section 143.

              Marginal note: Presence of candidate or representative

              • (a) receives the ballot;
              • (b) places the folded ballot in the inner envelope and seals it; and
              • (c) places the inner envelope in the outer envelope and seals it.

              Marginal note: Examination of identification documents

              Marginal note: Prohibition — attesting to residence of more than one elector

              Marginal note: Prohibition — attesting to residence (own residence attested to)

              Marginal note: Application of provisions

              • (a) sections 135 to 137;
              • (b) sections 143 and 144;
              • (c) subsection 164(1);
              • (d) section 166; and
              • (e) paragraph 489(3)(c).
              • 61. (1) Subsection 283(1) of the Act is replaced by the following:

              Marginal note: Counting the votes

              • 283. (1) Immediately after the close of a polling station, the deputy returning officer shall count the votes in the presence of the poll clerk, any person appointed under section 32.1 whose duties include being present at the count and any candidates or their representatives who are present or, if no candidates or representatives are present, at least two electors.
              • (a) count the number of electors who voted at the polling station, count the number of those to whom a certificate was given under subsection 161(4), make an entry at the end of the list of electors that states “The number of electors who voted at this election in this polling station is (stating the number). Of these, the number of electors to whom a certificate was given under subsection 161(4) is (stating the number).”, sign the list and place the list in the envelope supplied for that purpose;
              • (d) total the number of electors indicated under paragraph (a) who voted at the polling station and the numbers arrived at in paragraphs (b) and (c) in order to ascertain that all ballots that were provided by the returning officer are accounted for;

              62. The Act is amended by adding the following after section 288:

              Marginal note: Oaths

              288.01 The deputy returning officer shall place the form for each oath taken under subsection 143(3) or paragraph 161(1)(b) or 169(2)(b) in an envelope supplied for the purpose.

              Marginal note: Periodic statements of electors who voted

              288.1 The deputy returning officer shall place a copy of each document prepared for the purpose of paragraph 162(i.1) in an envelope supplied for the purpose.

              63. Subsection 289(2) of the Act is replaced by the following:

              Marginal note: Application of rules for counting votes

              • (a) for the application of paragraph 283(3)(e), the deputy returning officer shall open the ballot boxes and empty their contents onto a table; and
              • (b) for the application of subsection 288(4), the large envelope and the envelope that contains the copy of the statement of the vote shall be placed in the ballot box used on the last day of advance polling.

              64. Subsection 290(1) of the Act is replaced by the following:

              Marginal note: Sending ballot boxes and envelopes to returning officer

              • 290. (1) The deputy returning officer for a polling station or an advance polling station shall, without delay after sealing the ballot box, send the box, with the envelope that contains the original statement of the vote, the envelope that contains the registration certificates, the envelope referred to in section 288.01 and, in the case of the deputy returning officer for a polling station, the envelope referred to in section 288.1 to the returning officer.

              65. Section 291 of the Act is replaced by the following:

              Marginal note: Provision of documents

              291. A returning officer shall — on the request of the candidate, his or her representative or a representative of the candidate’s party — provide him or her, after polling day, with

              • (a) one copy of each statement of the vote in respect of the candidate’s electoral district; and
              • (b) one copy of the documents prepared under paragraph 162(i.1).

              66. The Act is amended by adding the following after section 292:

              Marginal note: List of oath-takers

              292.1 A returning officer, on the receipt of each envelope referred to in section 288.01, shall create a list of the names of all persons who took an oath under subsection 143(3) or paragraph 161(1)(b) or 169(2)(b) and shall include in the list the address of each of those persons.

              67. Subsection 301(1) of the Act is replaced by the following:

              Marginal note: Application for recount

              • 301. (1) An elector may, within four days after the day on which a returning officer issues a certificate under section 297 and after notifying the returning officer in writing, apply to a judge for a recount.

              68. Section 303 of the Act is repealed.

              69. Subsection 304(3) of the Act is replaced by the following:

              Marginal note: Procedure for certain recounts

              70. Section 308 of the Act is amended by striking out “and” at the end of paragraph (a), by adding “and” at the end of paragraph (b) and by adding the following after paragraph (b):

              • (c) return to the returning officer the election documents or other election materials brought for the purpose of the recount under subsection 300(4) and deliver to him or her the reports created in the course of the recount.
              • 71. (1) Paragraph 311(1)(c) of the Act is replaced by the following:
              • (c) in the Province of Nova Scotia, British Columbia or Prince Edward Island, to a judge of the Supreme Court of the Province;
              • (e) in the Province of Newfoundland and Labrador, to a judge of the Trial Division of the Supreme Court of Newfoundland and Labrador.

              72. The definition in section 319 of the Act is amended by striking out “or” at the end of paragraph (c), by adding “or” at the end of paragraph (d) and by adding the following after paragraph (d):

              • (e) the making of telephone calls to electors only to encourage them to vote.

              73. Section 329 of the Act and the heading before it are repealed.

              74. Subsection 345(3) of the Act is replaced by the following:

              Marginal note: Free time not election expense

              75. The Act is amended by adding the following after section 348:

              PART 16.1 VOTER CONTACT CALLING SERVICES

              Division 1 Interpretation

              Marginal note: Definitions

              348.01 The following definitions apply in this Part.

              means any automatic equipment that has the capability to store or produce telephone numbers and that is used alone or in conjunction with other equipment to convey a pre-recorded or synthesized voice message to those telephone numbers.

              means any of the following types of calls that are made to telephone numbers:

              • (a) live voice calls;
              • (b) calls made by means of an automatic dialing-announcing device;
              • (c) calls that consist of a combination of the types of calls referred to in paragraphs (a) and (b).

              « fournisseur de services d’appel »

              means a person or group that carries on a business whose activities include the making of calls for or on behalf of another person or group.

              means a registered party, registered association, unincorporated trade union, trade association or other group of persons acting together by mutual consent for a common purpose.

              • (a) in relation to a group, the services provided by its members or employees, and those provided to it free of charge by any individual;
              • (b) in relation to a candidate, a nomination contestant or a third party who is an individual, the services provided by them personally or by their employees and those provided free of charge to the candidate, contestant or third party by any individual; and
              • (c) in relation to a third party that is a corporation, the services provided by its employees and those provided to it free of charge by any individual.
              • (a) in the case of a registered party, its chief agent;
              • (b) in the case of a registered association, its financial agent;
              • (c) in the case of a candidate, their official agent;
              • (d) in the case of a nomination contestant, their financial agent;
              • (e) in the case of a registered third party, its financial agent;
              • (f) in the case of an unregistered third party that is a corporation, the officer of the corporation who has signing authority for it; and
              • (g) in the case of an unregistered third party that is a group, a person who is responsible for the group.

              means a third party that is registered under section 353.

              means a person or a group, other than a registered party, registered association, candidate or nomination contestant.

              « services d’appels aux électeurs »

              means services involving the making of calls during an election period for any purpose related to an election, including

              • (a) promoting or opposing a registered party, its leader, a candidate or a nomination contestant or any position on an issue with which such a party or person is associated;
              • (b) encouraging electors to vote or to refrain from voting;
              • (c) providing information about the election, including information about voting hours and the location of polling stations;
              • (d) gathering information about how electors voted in past elections or will vote in the election or their views on a registered party, its leader, a candidate or a nomination contestant or any issue with which such a party or person is associated; and
              • (e) raising funds for a registered party, a registered association, a candidate or a nomination contestant.

              76. The Act is amended by adding the following after section 348.01:

              Division 1.1 Provision of Voter Contact Calling Services

              Agreements Relating to Voter Contact Calling Services

              Marginal note: Prohibition — entering into agreement with calling service provider

              348.02 A person or group shall not enter into an agreement with a calling service provider for voter contact calling services unless

              • (a) the person or group is a registered party, a registered association, a nomination contestant or a registered third party, or an unregistered third party that is a corporation or group, and the agreement is entered into on behalf of the person or group by the person’s or group’s official representative;
              • (b) the person is a candidate and the agreement is entered into in their own name or on their behalf by their official representative or by a person that their official representative has so authorized in writing; or
              • (c) the person is an unregistered third party who is an individual and the agreement is entered into in their own name.

              Marginal note: Obligation to inform

              348.03 Before a person enters into an agreement with a calling service provider for voter contact calling services, either in their own name or on behalf of another person or a group, the person shall inform the calling service provider that the agreement is for voter contact calling services and shall provide the calling service provider with their name, address and telephone number and a copy of a piece of identification authorized by the Canadian Radio-television and Telecommunications Commission that contains their name.

              Marginal note: Obligation to obtain identification information

              348.04 (1) Before a calling service provider enters into an agreement with a person or group to provide voter contact calling services, the calling service provider shall obtain from the person who is to enter into the agreement, either in their own name or on behalf of the person or a group, their name, address and telephone number and a copy of a piece of identification authorized by the Canadian Radio-television and Telecommunications Commission that contains their name.

              Marginal note: Obligation to keep identification information

              Marginal note: Obligation to confirm nature of services

              348.05 (1) A calling service provider that enters into an agreement to make calls for or on behalf of a person or group shall, before the first call is made under the agreement during an election period, ask the person or group whether the making of calls under the agreement would constitute voter contact calling services.

              Marginal note: Obligation to authorize, etc.

              Marginal note: Obligation to obtain identification information

              Marginal note: Obligation to keep identification information

              Filing Obligations — Registration Notices

              Marginal note: Obligation to file registration notice

              348.06 (1) A calling service provider that, in accordance with an agreement, provides voter contact calling services shall file a registration notice with the Canadian Radio-television and Telecommunications Commission.

              Marginal note: Time for filing and contents

              • (a) the calling service provider’s name;
              • (b) the name of the person or group with which the calling service provider has entered into the agreement; and
              • (c) the type of calls to be made under the agreement.

              Marginal note: Obligation to file registration notice — agreement

              348.07 (1) A person who enters into an agreement with a calling service provider for voter contact calling services, either in their own name or on behalf of another person or a group, or a person who provides an authorization of the provision of voter contact calling services under an agreement in accordance with subsection 348.05(2), as the case may be, shall file a registration notice with the Canadian Radio-television and Telecommunications Commission.

              Marginal note: Time for filing and contents

              • (a) the calling service provider’s name;
              • (b) the name of the person or group with which the calling service provider has entered into the agreement; and
              • (c) the type of calls to be made under the agreement.

              Marginal note: Obligation to provide copy of identification document

              Marginal note: Deeming

              Marginal note: Obligation to file registration notice — live voice calls

              348.08 (1) If, during an election period, a third party that is a corporation or group uses its internal services to make live voice calls for any purpose relating to the election, including a purpose referred to in any of paragraphs (a) to (e) of the definition in section 348.01, the third party’s official representative shall file a registration notice with the Canadian Radio-television and Telecommunications Commission.

              Marginal note: Time for filing and contents

              • (a) the third party’s name;
              • (b) the name, address and telephone number of the official representative; and
              • (c) a statement that the third party is making live voice calls.

              Marginal note: Obligation to provide copy of identification document

              Marginal note: Deeming

              Marginal note: Obligation to file registration notice — other calls

              348.09 (1) If, during an election period, a person or group uses their internal services to make calls by means of an automatic dialing-announcing device for any purpose relating to the election, including a purpose referred to in any of paragraphs (a) to (e) of the definition in section 348.01, the official representative of the person or group — or the person themselves, if the person is an unregistered third party who is an individual — shall file a registration notice with the Canadian Radio-television and Telecommunications Commission.

              Marginal note: Time for filing and contents

              • (a) the name of the person or group;
              • (b) the name, address and telephone number of the official representative or individual; and
              • (c) a statement that the person or group is making calls by means of an automatic dialing-announcing device.

              Marginal note: Obligation to provide copy of identification document

              Marginal note: Deeming

              Role of the Canadian Radio-television and Telecommunications Commission

              Marginal note: Administration and enforcement

              348.1 (1) The Canadian Radio-television and Telecommunications Commission is responsible for the administration and enforcement of this Division.

              Marginal note: Telecommunications Act

              Marginal note: Registry

              348.11 The Canadian Radio-television and Telecommunications Commission is responsible for establishing and maintaining a registry, to be known as the Voter Contact Registry, in which all documents provided to it under sections 348.06 to 348.09 are to be kept.

              Marginal note: Publication

              348.12 As soon as feasible after the expiry of 30 days after polling day, the Canadian Radio-television and Telecommunications Commission shall, in the manner that it considers appropriate, publish the registration notices relating to the election that have been filed with it.

              Marginal note: Delegation

              348.13 (1) The Canadian Radio-television and Telecommunications Commission may, in writing and on any terms it specifies, delegate to any person any of the powers, duties and functions referred to in sections 348.11 and 348.12.

              Marginal note: Revocation

              Marginal note: Authorization of types of identification

              348.14 The Canadian Radio-television and Telecommunications Commission may authorize the types of pieces of identification and of copies of such pieces of identification for the purposes of sections 348.03 to 348.05 and 348.07 to 348.09.

              Marginal note: Disclosure to Commissioner

              348.15 The Canadian Radio-television and Telecommunications Commission shall, on the request of the Commissioner, disclose to the Commissioner any document or information that it received under this Division that the Commissioner considers necessary for the purpose of ensuring compliance with and enforcement of this Act, other than this Division.

              77. The Act is amended by adding the following before Part 17:

              Division 2 Scripts and Recordings

              Marginal note: Calling service provider — agreement

              348.16 Every calling service provider that, in accordance with an agreement, provides voter contact calling services shall keep, for three years after the end of the election period,

              • (a) a copy of each unique script used in live voice calls made under the agreement and a record of every date on which the script was used; and
              • (b) a recording of each unique message conveyed by an automatic dialing-announcing device that is used to make calls under the agreement and a record of every date on which it was so conveyed.

              Marginal note: Person or group — agreement

              348.17 Every person or group that enters into an agreement with a calling service provider under which voter contact calling services are provided shall keep, for one year after the end of the election period,

              • (a) a copy of each unique script used in live voice calls made under the agreement and a record of every date on which the script was used; and
              • (b) a recording of each unique message conveyed by an automatic dialing-announcing device that is used to make calls under the agreement and a record of every date on which it was so conveyed.

              Marginal note: Person or group — internal services

              348.18 If, during an election period, a person or group uses their internal services to make calls by means of an automatic dialing-announcing device for any purpose relating to the election, including a purpose referred to in any of paragraphs (a) to (e) of the definition in section 348.01, the person or group shall keep a recording of each unique message conveyed by the device and a record of every date on which it was so conveyed, for one year after the end of the election period.

              Marginal note: Third party that is corporation or group — internal services

              348.19 If, during an election period, a third party that is a corporation or group uses its internal services to make live voice calls for any purpose relating to the election, including a purpose referred to in any of paragraphs (a) to (e) of the definition in section 348.01, the third party shall, if a script is used, keep a copy of each unique script used and a record of every date on which the script was used, for one year after the end of the election period.

              • 78. (1) Subsection 350(1) of the Act is replaced by the following:

              Marginal note: Spending limit

              • 350. (1) Subject to section 351.1, a third party shall not incur election advertising expenses of a total amount of more than $150,000 in relation to a general election.

              Marginal note: Spending limit — by-election

              Marginal note: Uncancellable spending

              Marginal note: Third party inflation adjustment factor

              Marginal note: Election period longer than 37 days

              • (a) one thirty-seventh of the amount referred to in subsection (1), (2) or (4), as the case may be, and
              • (b) the number of days in the election period minus 37.

              78.1 The Act is amended by adding the following after section 351:

              Marginal note: Prohibition — foreign third parties

              351.1 A third party shall not incur election advertising expenses of a total amount of $500 or more in relation to a general election or a by-election, or, if the election periods of two or more by-elections overlap with each other in whole or in part, in relation to those by-elections, unless

              • (a) if the third party is an individual, the individual
                • (i) is a Canadian citizen,
                • (ii) is a permanent resident as defined in subsection 2(1) of the Immigration and Refugee Protection Act , or
                • (iii) resides in Canada;
                • (i) is a Canadian citizen,
                • (ii) is a permanent resident as defined in subsection 2(1) of the Immigration and Refugee Protection Act , or
                • (iii) resides in Canada.

                Marginal note: Clarification

                351.2 For greater certainty, for the purposes of subsections 350(1) and (4) and section 351.1 if election advertising is transmitted during an election period, it shall be considered an election advertising expense, regardless of when it was incurred.

                • 79. (1) Subsection 353(1) of the Act is replaced by the following:

                Marginal note: Registration requirement for third parties

                • 353. (1) Subject to section 351.1, a third party shall register immediately after having incurred election advertising expenses of a total amount of $500 and may not register before the issue of the writ.
                • (a) if the third party is an individual, the individual’s name, address and telephone number, their signature and their certification that
                  • (i) they are a Canadian citizen,
                  • (ii) they are a permanent resident as defined in subsection 2(1) of the Immigration and Refugee Protection Act , or
                  • (iii) they reside in Canada;
                  • (i) they are a Canadian citizen,
                  • (ii) they are a permanent resident as defined in subsection 2(1) of the Immigration and Refugee Protection Act , or
                  • (iii) they reside in Canada;

                  Marginal note: 2006, c. 9, s. 46(1)

                  • 80. (1) Paragraphs 405(1)(a) to (c) of the Act are replaced by the following:
                  • (a) $1,500 in total in any calendar year to a particular registered party;
                  • (a.1) $1,500 in total in any calendar year to the registered associations, nomination contestants and candidates of a particular registered party;
                  • (b) $1,500 in total to a candidate for a particular election who is not the candidate of a registered party; and
                  • (c) $1,500 in total to the leadership contestants in a particular leadership contest.

                  Marginal note: 2003, c. 19, s. 25

                  (2) Subsection 405(2) of the Act is replaced by the following:

                  Marginal note: Testamentary dispositions

                  Marginal note: Non-conforming testamentary dispositions read down

                  Marginal note: 2003, c. 19, s. 25; 2006, c. 9, s. 46(3)

                  (3) Subsection 405(4) of the Act is replaced by the following:

                  Marginal note: Exception — nomination contestant’s contributions to own campaign

                  Marginal note: Contributions — candidates and leadership contestants

                  Marginal note: Exception — certain contributions to own campaign

                  • (a) contributions that do not exceed $5,000 in total by a candidate for a particular election out of their own funds to their own campaign; and
                  • (b) contributions that do not exceed $25,000 in total by a leadership contestant in a particular leadership contest out of their own funds to their own campaign.

                  Marginal note: Contributions under subsection (1) not affected

                  Marginal note: 2003, c. 19, s. 25; 2006, c. 9, s. 47

                  81. Section 405.1 of the Act is repealed.

                  Marginal note: 2006, c. 9, s. 48(1)

                  • 82. (1) Paragraph 405.2(1)(a) of the Act is replaced by the following:
                  • (a) circumvent, or attempt to circumvent, the prohibition under subsection 404(1) or 405(4.1) or a limit set out in subsection 405(1) or (4.2) or section 405.31; or

                  Marginal note: 2006, c. 9, s. 48(2)

                  (2) Subsection 405.2(4) of the Act is replaced by the following:

                  Marginal note: Prohibited agreements

                  83. Section 405.3 of the Act is renumbered as subsection 405.3(1) and is amended by adding the following:

                  Marginal note: Exception — candidates and leadership contestants

                  84. Section 435 of the Act is amended by adding the following after subsection (1):

                  Marginal note: Reduction of reimbursement

                  • (a) by one dollar for every dollar that exceeds the maximum amount by less than 5%;
                  • (b) by two dollars for every dollar that exceeds the maximum amount by 5% or more but by less than 10%;
                  • (c) by three dollars for every dollar that exceeds the maximum amount by 10% or more but by less than 12.5%; and
                  • (d) by four dollars for every dollar that exceeds the maximum amount by 12.5% or more.
                  • 85. (1) Section 465 of the Act is amended by adding the following after subsection (2):

                  Marginal note: Reduction of reimbursement

                  • (a) by one dollar for every dollar that exceeds the maximum amount by less than 5%;
                  • (b) by two dollars for every dollar that exceeds the maximum amount by 5% or more but by less than 10%;
                  • (c) by three dollars for every dollar that exceeds the maximum amount by 10% or more but by less than 12.5%; and
                  • (d) by four dollars for every dollar that exceeds the maximum amount by 12.5% or more.

                  Marginal note: Reimbursement

                  Marginal note: 2001, c. 21, ss. 21 and 22; 2003, c. 19, ss. 6 to 12, 14 to 34.1, 36 to 44, 46 to 48, 49(2.1) and (3) and 50 to 57; 2004, c. 24, ss. 3 to 20; 2006, c. 9, ss. 41 to 55; 2007, c. 21, ss. 34 and 35; 2011, c. 24, s. 181

                  86. Part 18 of the Act is replaced by the following:

                  PART 18 FINANCIAL ADMINISTRATION

                  Division 1 General Financial Provisions

                  Contributions

                  Marginal note: Prohibition — ineligible contributors

                  363. (1) No person or entity other than an individual who is a Canadian citizen or is a permanent resident as defined in subsection 2(1) of the Immigration and Refugee Protection Act shall make a contribution to a registered party, a registered association, a nomination contestant, a candidate or a leadership contestant.

                  Marginal note: Return of contributions

                  Marginal note: Provincial divisions

                  Marginal note: Registered agents

                  Marginal note: Contributions — inclusions and exclusions

                  364. (1) Any money that is used for a nomination contestant’s, a candidate’s or a leadership contestant’s campaign out of their own funds is a contribution for the purposes of this Act.

                  Marginal note: Exclusion for goods and services — registered parties, registered associations and candidates

                  • (a) from a registered party to an electoral district association of the party or a candidate endorsed by the party;
                  • (b) from a registered association to the registered party with which it is affiliated, another registered association of the party or a candidate endorsed by the party;
                  • (c) from a registered party or registered association to a nomination contestant or a leadership contestant in compliance with subsection 365(1);
                  • (d) from a candidate endorsed by a registered party to the party or a registered association of the party;
                  • (e) from a candidate to themselves in their capacity as a nomination contestant in respect of the same election; or
                  • (f) in the case where a writ is deemed to be withdrawn under subsection 31(3) of the Parliament of Canada Act , from a candidate in an election that is cancelled to themselves in their capacity as a candidate in respect of the general election resulting from the dissolution of Parliament.

                  Marginal note: Exclusion for funds — registered parties, registered associations and candidates

                  • (a) from a registered party to an electoral district association of the party;
                  • (b) from a registered association to the registered party with which it is affiliated or another registered association of the party;
                  • (c) from a candidate endorsed by a registered party to the party or a registered association of the party;
                  • (d) from a candidate to themselves in their capacity as a nomination contestant in respect of the same election; or
                  • (e) in the case where a writ is deemed to be withdrawn under subsection 31(3) of the Parliament of Canada Act , from a candidate in an election that is cancelled to themselves in their capacity as a candidate in respect of the general election resulting from the dissolution of Parliament.

                  Marginal note: Exclusion for funds other than trust funds — registered parties and registered associations

                  • (a) from a registered party to a candidate endorsed by the party; or
                  • (b) from a registered association to a candidate endorsed by the registered party with which the association is affiliated.

                  Marginal note: Exclusion for funds — nomination contestants, leadership contestants and registered parties

                  • (a) from a nomination contestant of a registered party to the party, the registered association of the party that held the nomination contest or the official agent of the candidate endorsed by the party in the electoral district in which the nomination contest was held;
                  • (b) from a leadership contestant of a registered party to the party or a registered association of the party; or
                  • (c) from a registered party to a leadership contestant out of funds from a directed contribution referred to in subsection 365(3).

                  Marginal note: Exclusion — paid leave of absence

                  Marginal note: Exclusion — membership fees

                  Marginal note: Contribution

                  Marginal note: Certain transfers prohibited

                  • 365. (1) No registered party and no electoral district association of a registered party shall provide goods or services or transfer funds to a nomination contestant or a leadership contestant, unless the goods or services are offered equally to all contestants.
                  • Definition of (2) In this section, means an amount that is all or part of a contribution made to a registered party and that the contributor requests in writing be transferred to a particular leadership contestant.

                  Marginal note: Exception

                  Marginal note: Presumption

                  Marginal note: Issuance of receipts

                  366. (1) Any person who is authorized to accept contributions on behalf of a registered party, a registered association, a nomination contestant, a candidate or a leadership contestant shall issue a receipt — of which the person shall keep a copy — for each contribution of more than $20 that they accept.

                  Marginal note: Record keeping

                  • (a) a description of the function at which the contributions were collected;
                  • (b) the date of the function;
                  • (c) the approximate number of people at the function; and
                  • (d) the total amount of the anonymous contributions received.

                  Marginal note: Contribution limits

                  • 367. (1) Subject to subsection 373(4), no individual shall make contributions that exceed
                    • (a) $1,200 in total in any calendar year to a particular registered party;
                    • (b) $1,200 in total in any calendar year to the registered associations, nomination contestants and candidates of a particular registered party;
                    • (c) $1,200 in total to a candidate for a particular election who is not the candidate of a registered party; and
                    • (d) $1,200 in total in any calendar year to the leadership contestants in a particular leadership contest.

                    Marginal note: Testamentary dispositions

                    Marginal note: Non-conforming testamentary dispositions read down

                    Marginal note: Attribution of certain contributions

                    Marginal note: Exception — nomination contestant’s contributions to own campaign

                    Marginal note: Contributions — candidates and leadership contestants

                    Marginal note: Exception — certain contributions to own campaign

                    • (a) contributions that do not exceed $5,000 in total by a candidate for a particular election out of their own funds to their own campaign; and
                    • (b) contributions that do not exceed $25,000 in total by a leadership contestant in a particular leadership contest out of their own funds to their own campaign.

                    Marginal note: Contributions under subsection (1) not affected

                    Marginal note: Prohibition — circumventing limits

                    • 368. (1) No person or entity shall
                      • (a) circumvent, or attempt to circumvent, the prohibition under subsection 363(1) or 367(6) or a limit set out in subsection 367(1) or (7) or section 371; or
                      • (b) act in collusion with another person or entity for that purpose.

                      Marginal note: Prohibition — concealing source of contribution

                      • (a) conceal, or attempt to conceal, the identity of the source of a contribution governed by this Act; or
                      • (b) act in collusion with another person or entity for that purpose.

                      Marginal note: Prohibition — accepting excessive contributions

                      Marginal note: Prohibited agreements

                      Marginal note: Prohibition — soliciting or accepting contribution

                      369. (1) No person or entity shall solicit or accept a contribution on behalf of a registered party, a registered association or a candidate if the person or entity makes a representation to the contributor or potential contributor that part or all of the contribution would be transferred to a person or entity other than the registered party or a candidate, a leadership contestant or an electoral district association.

                      Marginal note: Prohibition — collusion

                      Marginal note: Prohibition — making indirect contributions

                      370. (1) No individual shall make a contribution to a registered party, a registered association, a nomination contestant, a candidate or a leadership contestant that comes from money, property or the services of any person or entity that was provided to that individual for that purpose.

                      Marginal note: Exception — candidates and leadership contestants

                      Marginal note: Limit on cash contributions

                      371. No individual shall, in respect of each contribution made under this Division, contribute cash in an amount that exceeds $20.

                      Marginal note: Return of contributions

                      372. If a registered party, a registered association, a nomination contestant, a candidate or a leadership contestant receives a contribution made in contravention of subsection 367(1) or 368(4) or section 370 or 371, the chief agent of the registered party, the financial agent of the registered association, the official agent of the candidate or the financial agent of the nomination contestant or leadership contestant, as the case may be, shall, within 30 days after becoming aware of the contravention, return the contribution unused to the contributor or, if that is not possible, pay the amount of it — or, in the case of a non-monetary contribution, an amount of money equal to its commercial value — to the Chief Electoral Officer, who shall forward that amount to the Receiver General.

                      Loans, Guarantees and Suretyships

                      Marginal note: Ineligible lenders and guarantors

                      • 373. (1) Except as permitted under this section, no person or entity shall
                        • (a) make a loan to a registered party or a registered association;
                        • (b) make a loan to a nomination contestant, a candidate or a leadership contestant in relation to the contestant’s or candidate’s campaign; or
                        • (c) guarantee a loan referred to in paragraph (a) or (b).

                        Marginal note: Ineligible borrowers

                        Marginal note: Exception — financial institutions

                        Marginal note: Exception — individuals

                        • (a) the amounts of the individual’s contributions,
                        • (b) the amounts of the individual’s loans made in the relevant contribution period, not including any amount that has been repaid in the calendar year in which the loan was made, and
                        • (c) the amounts guaranteed by the individual in the relevant contribution period, not including any amount for which the individual has ceased to be liable in the calendar year in which the guarantee was given.

                        Marginal note: Exception — certain loans

                        • (a) by a registered party to a registered association of the party or a candidate endorsed by the party; or
                        • (b) by a registered association to the registered party with which it is affiliated, another registered association of the party or a candidate endorsed by the party.

                        Marginal note: Exception — certain guarantees and suretyships

                        Marginal note: Prohibition — making indirect loans

                        374. No individual shall make a loan to a registered party, a registered association, a nomination contestant, a candidate or a leadership contestant that is made possible by money, property or the services of any person or entity that was provided to that individual for that purpose.

                        Expenses

                        Marginal note: Electoral campaign expenses

                        375. An electoral campaign expense of a candidate is an expense reasonably incurred as an incidence of the election, including

                        • (a) an election expense;
                        • (b) a personal expense; and
                        • (c) any fees of the candidate’s auditor, and any costs incurred for a recount of votes cast in the candidate’s electoral district, that have not been reimbursed by the Receiver General.

                        Marginal note: Election expenses

                        • 376. (1) An election expense is any of the following:
                          • (a) any cost incurred, or non-monetary contribution received, by a registered party or a candidate, to the extent that the property or service that the cost was incurred for or that was received as a non-monetary contribution is used to directly promote or oppose a registered party, its leader or a candidate during an election period; and
                          • (b) any acceptance by a registered party or a candidate of a provision of goods or services that is permitted under subsection 364(2), to the extent that the goods or services are used to directly promote or oppose a registered party, its leader or a candidate during an election period.

                          Marginal note: Exclusions — certain fundraising and nominations

                          Marginal note: Inclusions

                          • (a) the production of advertising or promotional material;
                          • (b) the distribution, broadcast or publication of such material in any media or by any other means during the election period, including by the use of a capital asset;
                          • (c) the payment of remuneration and expenses to or on behalf of a person for their services as an official agent or registered agent or in any other capacity;
                          • (d) securing a meeting space or the supply of light refreshments at meetings;
                          • (e) any product or service provided by a government, a Crown corporation or any other public agency; and
                          • (f) the conduct of election surveys or other surveys or research during an election period.

                          Marginal note: Contributions for ticketed fundraising functions

                          377. If a fundraising activity is held for the primary purpose of soliciting a monetary contribution for a registered party, a registered association, a nomination contestant, a candidate or a leadership contestant by way of selling a ticket, the amount of the monetary contribution received is the difference between the price of the ticket and the fair market value of what the ticket entitles the bearer to obtain.

                          Marginal note: Personal expenses — candidate

                          • 378. (1) A candidate’s personal expenses include
                            • (a) travel and living expenses;
                            • (b) childcare expenses;
                            • (c) expenses relating to the provision of care for a person with a physical or mental incapacity for whom the candidate normally provides such care; and
                            • (d) in the case of a candidate who has a disability, additional expenses that are related to the disability.

                            Marginal note: Categories and maximums

                            Marginal note: Costs related to candidate’s representatives

                            379. Any expenses of a candidate that are incurred to remunerate the candidate’s representatives referred to in subsection 136(1) or 237.1(2) are deemed to be personal expenses of the candidate.

                            Marginal note: Evidence of payment — $50 or more

                            380. (1) If an expense of $50 or more was incurred under this Act by or on behalf of a registered party, a registered association, a nomination contestant, a candidate or a leadership contestant and paid by an agent or other person authorized under this Act to pay such an expense, the agent or other person shall keep a copy of the invoice prepared by the person who provided the good or service to which the expense relates setting out the nature of the expense together with proof that it was paid.

                            Marginal note: Evidence of payment — under $50

                            Marginal note: Petty expenses

                            • 381. (1) A person may pay a petty expense incurred for office supplies, postage, courier services and other incidental expenses under the written authorization of
                              • (a) a registered agent of a registered party, as an expense incurred on behalf of the registered party;
                              • (b) an electoral district agent of a registered association, as an expense incurred on behalf of the association;
                              • (c) the financial agent of a nomination contestant, as a nomination campaign expense;
                              • (d) the official agent of a candidate, as an electoral campaign expense for the candidate; or
                              • (e) a leadership campaign agent of a leadership contestant, as a leadership campaign expense.

                              Marginal note: Authorized maximum

                              Marginal note: Statement and evidence of payment

                              • (a) in the case of a petty expense incurred on behalf of a registered party, the day on which it is incurred;
                              • (b) in the case of a petty expense incurred on behalf of a registered association, the day on which it is incurred;
                              • (c) in the case of a petty expense incurred on behalf of a nomination contestant, the day on which it is incurred;
                              • (d) in the case of a petty expense incurred on behalf of a candidate, polling day; and
                              • (e) in the case of a petty expense incurred on behalf of a leadership contestant, the day on which it is incurred.

                              Marginal note: Prohibition

                              Marginal note: Publication of electoral campaign returns and election expenses returns

                              • 382. (1) The Chief Electoral Officer shall, in the manner that he or she considers appropriate, publish the original election expenses returns of registered parties and electoral campaign returns of candidates and any corrected or revised versions of those returns
                                • (a) in the case of an original return, within one year after the issue of a writ for an election;
                                • (b) in the case of a corrected or revised version of a return, as soon as feasible after he or she receives it; and
                                • (c) in the case of a document referred to in subsection 477.59(10), (11), (12) or (15), or a corrected or revised version of such a document, as soon as feasible after he or she receives it.

                                Marginal note: Publication of financial transactions returns

                                • (a) the financial transactions returns of registered parties and registered associations, and any corrected or revised versions of those returns;
                                • (b) the nomination campaign returns of nomination contestants, any document referred to in subsection 476.75(10), (11), (12) or (15), and any corrected or revised versions of those returns or documents; and
                                • (c) the leadership campaign returns of leadership contestants, any document referred to in subsection 478.8(10), (11), (12) or (15), any corrected or revised versions of those returns or documents, the returns in respect of contributions required under section 478.81, and any statements containing information with respect to contributions referred to in paragraph 478.3(2)(d).

                                Marginal note: Summary of return on candidates’ election expenses

                                • (a) the total election expenses;
                                • (b) the total personal expenses;
                                • (c) the number of contributors and the total amount of contributions received;
                                • (d) the name of the official agent;
                                • (e) the name of the auditor; and
                                • (f) if applicable, an indication that the auditor’s report on a return was qualified.

                                Marginal note: Publication of return of deregistered parties

                                Marginal note: Delivery to returning officers

                                383. (1) The Chief Electoral Officer shall, as soon as feasible after receiving the documents referred to in subsection 477.59(1) for an electoral district, deliver a copy of them to the returning officer for the electoral district.

                                Marginal note: Public availability

                                Marginal note: Retention

                                Inflation Adjustment Factor

                                Marginal note: Inflation adjustment factor

                                384. Before April 1 in each year, the Chief Electoral Officer shall cause to be published in the Canada Gazette an inflation adjustment factor that is in effect for a period of one year beginning on that date. It shall be a fraction with

                                • (a) a numerator that is the annual average Consumer Price Index, as published by Statistics Canada under the authority of the Statistics Act , for the calendar year immediately before that date, calculated on the basis of 1992 being equal to 100; and
                                • (b) a denominator that is 108.6, which is the annual average Consumer Price Index, as published by Statistics Canada under the authority of the Statistics Act , for 1998, calculated on the basis of 1992 being equal to 100.

                                Division 2 Political Parties

                                Subdivision a Registration of Political Parties

                                Application for Registration

                                Marginal note: Application for registration

                                385. (1) The leader of a political party may apply to the Chief Electoral Officer for the political party to become a registered party.

                                Marginal note: Contents of application

                                • (a) the political party’s full name;
                                • (b) the party’s short-form name, or its abbreviation, if any, that is to be shown in election documents;
                                • (c) the party’s logo, if any;
                                • (d) the name and address of the party’s leader and a copy of the party’s resolution to appoint the leader, certified by the leader and another officer of the party;
                                • (e) the address of the party’s office where records are maintained and to which communications may be addressed;
                                • (f) the names and addresses of the party’s officers and their signed consent to act in that capacity;
                                • (g) the name and address of the party’s auditor and their signed consent to act in that capacity;
                                • (h) the name and address of the party’s chief agent and their signed consent to act in that capacity;
                                • (i) the names and addresses of 250 electors and their declarations in the prescribed form that they are members of the party and support the party’s application for registration; and
                                • (j) the leader’s declaration in the prescribed form that, having considered all of the factors — including those described in subsection 521.1(5) — relevant to determining the party’s purposes, one of the party’s fundamental purposes is to participate in public affairs by endorsing one or more of its members as candidates and supporting their election.

                                Marginal note: Additional information

                                Marginal note: Withdrawal of application

                                386. A leader who has made an application under subsection 385(1) may withdraw it at any time before registration by sending a signed request to that effect to the Chief Electoral Officer.

                                Marginal note: Eligibility for registration

                                387. A political party whose leader has made an application under subsection 385(1) becomes eligible for registration if

                                • (a) its name, short-form name, abbreviation or logo does not
                                  • (i) so resemble the name, short-form name, abbreviation or logo of a registered party or an eligible party that it would, in the Chief Electoral Officer’s opinion, likely be confused with it, or
                                  • (ii) include the word “independent” or a word that so resembles “independent” that it would, in the Chief Electoral Officer’s opinion, likely be confused with it;

                                  Marginal note: Preservation of name

                                  388. In the period of 30 days after the deregistration of a political party,

                                  • (a) no application for another political party to become a registered party shall be accepted — and no report under section 405 is effective — if the application or report would permit another political party to use a name, short-form name, abbreviation or logo that would, in the Chief Electoral Officer’s opinion, likely be confused with that of the deregistered party; and
                                  • (b) if a new application is made for the registration of the deregistered party under the name, short-form name, abbreviation or logo that it had at the time of its deregistration, the Chief Electoral Officer shall not refuse the application on the ground that it does not comply with subparagraph 387(a)(i).

                                  Marginal note: Notification of eligibility

                                  389. (1) The Chief Electoral Officer shall, as soon as feasible after the day on which the application is received, inform the leader of a political party who has applied for the party to become registered whether or not the party is eligible for registration under section 387. If the party is not eligible, the Chief Electoral Officer shall also indicate which of that section’s requirements have not been met.

                                  Marginal note: Loss of eligibility

                                  • (a) it contravenes any of section 391, subsection 395(1), sections 399 to 402, subsections 405(1), (3) and (4) and 406(1) and section 407;
                                  • (b) one of its officers is not eligible under subsection 395(2) and the party has not complied with subsections 395(3) and (4);
                                  • (c) its chief agent is not eligible under section 397 and the party has not complied with section 400; or
                                  • (d) its auditor is not eligible under section 398 and the party has not complied with section 400.

                                  Marginal note: Registration

                                  390. (1) An eligible party becomes a registered party if it has at least one candidate whose nomination has been confirmed for an election and its application to become registered was made at least 60 days before the issue of the writ or writs and has not been withdrawn.

                                  Marginal note: Late application

                                  Marginal note: Notification

                                  • (a) inform the leader of an eligible party that meets the requirements of subsection (1) that the party has been registered; and
                                  • (b) in the case of a general election, inform the leader of an eligible party that does not meet the requirements of subsection (1) that the party has not been registered.

                                  Marginal note: Loss of eligibility

                                  Marginal note: Eligible party deemed registered

                                  Marginal note: Report on agents of eligible parties

                                  391. An eligible party shall, within 30 days after being informed under subsection 389(1) that it is eligible, provide the Chief Electoral Officer with a written report, certified by its leader or chief agent, containing the name and address of any person appointed as its registered agent and any terms and conditions to which the appointment is subject. The Chief Electoral Officer shall, on the registration of the eligible party, register that information in the registry of political parties.

                                  Marginal note: Statement of assets and liabilities

                                  392. Within six months after becoming a registered party, the registered party shall provide the Chief Electoral Officer with

                                  • (a) a statement, prepared in accordance with generally accepted accounting principles, of its assets and liabilities, including any surplus or deficit, as of the day before the effective date of the registration;
                                  • (b) a report on that statement made by the registered party’s auditor to its chief agent that contains the auditor’s opinion as to whether that statement presents fairly and in accordance with generally accepted accounting principles the information on which it is based; and
                                  • (c) a declaration in the prescribed form by the registered party’s chief agent that the statement is complete and accurate.

                                  Marginal note: Annual fiscal period

                                  393. (1) The fiscal period of a registered party is the calendar year.

                                  Marginal note: Adjustment of fiscal period

                                  Marginal note: Registry of political parties

                                  394. The Chief Electoral Officer shall maintain a registry of political parties that contains the information referred to in paragraphs 385(2)(a) to (h) and subsections 396(2) and 418(2).

                                  Officers, Registered Agents, Auditors and Members

                                  Marginal note: Minimum number of officers

                                  395. (1) Subject to subsection (3), a registered party and an eligible party shall have at least three officers in addition to the leader of the party.

                                  Marginal note: Eligibility — officer

                                  Marginal note: Appointment of replacement

                                  Marginal note: Report of appointment

                                  Marginal note: Registered agents

                                  396. (1) A registered party may appoint persons to act as its registered agents, subject to any terms and conditions that the appointment specifies.

                                  Marginal note: Report of appointment

                                  Marginal note: Agents — corporations

                                  • 397. (1) A corporation incorporated under the laws of Canada or a province is eligible to be
                                    • (a) a chief agent or a registered agent of a registered party; or
                                    • (b) a chief agent or an agent of an eligible party.

                                    Marginal note: Agents — ineligibility

                                    • (a) an election officer or a member of the staff of a returning officer;
                                    • (b) a candidate;
                                    • (c) an auditor appointed as required by this Act;
                                    • (d) subject to subsection (1), a person who is not an elector;
                                    • (e) an undischarged bankrupt; and
                                    • (f) a person who does not have full capacity to enter into contracts in the province in which the person ordinarily resides.

                                    Marginal note: Auditor — eligibility

                                    • 398. (1) Only the following are eligible to be an auditor for a registered party or an eligible party:
                                      • (a) a person who is a member in good standing of a corporation, association or institute of professional accountants; or
                                      • (b) a partnership of which every partner is a member in good standing of a corporation, association or institute of professional accountants.

                                      Marginal note: Auditor — ineligibility

                                      • (a) an election officer or a member of the staff of a returning officer;
                                      • (b) a candidate or their official agent;
                                      • (c) an officer of a registered party or an eligible party;
                                      • (d) a chief agent of a registered party or an eligible party;
                                      • (e) a registered agent of a registered party;
                                      • (f) an electoral district agent of a registered association;
                                      • (g) a nomination contestant or their financial agent;
                                      • (h) a leadership contestant or their leadership campaign agent; and
                                      • (i) a financial agent of a registered third party.

                                      Marginal note: Consent

                                      399. A registered party and an eligible party shall obtain from its officers, chief agent and auditor, on appointment, their signed consent to act in that capacity.

                                      Marginal note: Replacement of chief agent or auditor

                                      400. (1) In the event of the death, incapacity, resignation or ineligibility of its chief agent or auditor, or the revocation of the appointment of one, a registered party or eligible party shall without delay appoint a replacement.

                                      Marginal note: Report of appointment

                                      Marginal note: Only one chief agent and auditor

                                      401. A registered party or eligible party shall have no more than one chief agent and one auditor at a time.

                                      Marginal note: Minimum number of members

                                      402. A registered party and an eligible party shall have at least 250 members who are electors.

                                      Marginal note: Prohibition — officer

                                      403. (1) No person who is ineligible to be an officer of a registered party or an eligible party shall act in that capacity.

                                      Marginal note: Prohibition — agent

                                      Marginal note: Prohibition — auditor

                                      Marginal note: Prohibition — fundamental purpose

                                      • 404. (1) Subject to subsection (2), no person shall act or continue to act as an officer of a registered party or an eligible party if
                                        • (a) they know that the party does not have as one of its fundamental purposes participating in public affairs by endorsing one or more of its members as candidates and supporting their election; and
                                        • (b) the party has not made an application for deregistration under section 414.

                                        Marginal note: Exception

                                        Changes in Information Concerning Parties

                                        Marginal note: Changes in information

                                        405. (1) Within 30 days after the day on which there is a change in the information in respect of a registered party or an eligible party in the registry of political parties, the party shall report the change to the Chief Electoral Officer in writing. The report shall be certified by the leader of the party.

                                        Marginal note: New name, abbreviation or logo

                                        • (a) the day after polling day, in the case of a report made during an election period; or
                                        • (b) the day on which the report was made, in any other case.

                                        Marginal note: New leader

                                        Marginal note: New officer, chief agent or auditor

                                        Marginal note: Registration of change

                                        Marginal note: Entry in registry of electoral district associations

                                        Marginal note: Confirmation of information at general election

                                        • 406. (1) A registered party and an eligible party shall, not later than 10 days after the issue of the writs for a general election, provide the Chief Electoral Officer with
                                          • (a) a statement certified by its leader confirming the validity of the information concerning the party in the registry of political parties; or
                                          • (b) if there is a change in that information, the report of the change made under subsection 405(1).

                                          Marginal note: Endorsement of candidates

                                          Marginal note: Confirmation of registration yearly

                                          • 407. (1) On or before June 30 of every year, a registered party and an eligible party shall provide the Chief Electoral Officer with
                                            • (a) a statement certified by its leader confirming the validity of the information concerning the party in the registry of political parties; and
                                            • (b) if there is a change in that information, the report of the change made under subsection 405(1).

                                            Marginal note: Confirmation of members

                                            Marginal note: Declaration of leader

                                            Marginal note: Prohibition — false or misleading information (leader)

                                            408. (1) No leader of a political party shall provide the Chief Electoral Officer with information under section 385 that the leader knows is false or misleading.

                                            Marginal note: Prohibition — false or misleading information (party)

                                            Marginal note: Prohibition — certification by leader

                                            Marginal note: Prohibition — leader’s declaration

                                            Marginal note: Prohibition — member’s declaration

                                            Deregistration of Registered Parties

                                            Marginal note: Deregistration — no candidates

                                            409. The Chief Electoral Officer shall, effective on the expiry in a general election of the period for the confirmation of nominations under subsection 71(1), deregister a registered party that, at that time, has not endorsed a candidate in that general election.

                                            Marginal note: Deregistration — officers or members

                                            • 410. (1) If the Chief Electoral Officer is not satisfied that a registered party is in compliance with subsection 395(1) or section 402, he or she shall, in writing, notify the party that it is required to
                                              • (a) show its compliance with subsection 395(1) within 60 days after the day on which the party receives the notice; or
                                              • (b) show its compliance with section 402 within 90 days after the day on which the party receives the notice.

                                              Marginal note: Extension

                                              Marginal note: Deregistration

                                              Marginal note: Notice of deregistration

                                              411. The Chief Electoral Officer shall give notice of a deregistration under section 409 or 410 to the registered party and its chief agent and of the resulting deregistration under section 417 to the registered associations and their financial agents.

                                              Marginal note: Deregistration — failure to provide documents

                                              412. The Chief Electoral Officer may deregister a registered party if the party fails to provide

                                              • (a) any of the documents referred to in section 392;
                                              • (b) a report under subsection 396(2) concerning the appointment of a registered agent;
                                              • (c) any of the documents referred to in subsection 400(2) or 405(1) or (4) with respect to a replacement of its auditor or chief agent;
                                              • (d) either of the documents referred to in subsections 405(1) and (3) with respect to a change of its leader;
                                              • (e) a report in accordance with subsection 405(2) of a change in the registered information on its name, short-form name, abbreviation or logo mentioned in paragraphs 385(2)(a) to (c);
                                              • (f) a report under subsection 405(1) concerning a change in any other registered information;
                                              • (g) confirmation under subsection 406(1) or section 407 of the validity of the registered information;
                                              • (h) a report that is required to be filed under subsection 476.1(1) by the registered party; or
                                              • (i) a statement that is required under subsection 478.1(1) or (2).

                                              Marginal note: Deregistration — failure to file return and auditor’s report

                                              413. The Chief Electoral Officer may deregister a registered party if its chief agent fails

                                              • (a) to provide him or her with a document for a fiscal year in accordance with subsection 432(1); or
                                              • (b) to provide him or her with a document for a general election in accordance with subsection 437(1).

                                              Marginal note: Voluntary deregistration

                                              414. On application, other than during the election period of a general election, by a registered party to become deregistered, signed by the leader and any two officers of the party, the Chief Electoral Officer may deregister the party.

                                              Marginal note: Procedure for non-voluntary deregistration

                                              • 415. (1) If the Chief Electoral Officer believes on reasonable grounds that a registered party, its leader, its chief agent or one of its other officers has omitted to perform any obligation referred to in section 412 or 413, the Chief Electoral Officer shall, in writing, notify the party and any of its officers who are named in the registry of political parties that the party or officer must
                                                • (a) rectify the omission by the discharge of that obligation,
                                                  • (i) within 5 days after receipt of the notice, in the case of a failure to comply with subsection 406(1), or
                                                  • (ii) within 30 days after receipt of the notice, in any other case; or

                                                  Marginal note: Extension or exemption

                                                  • (a) exempting, in whole or in part, the recipients of the notice from complying with the obligations referred to in section 412 or 413; or
                                                  • (b) specifying a period for compliance with the obligations referred to in subparagraph (1)(a)(i) or (ii), as the case may be.

                                                  Marginal note: Deregistration

                                                  Marginal note: Notice of deregistration

                                                  416. (1) If the Chief Electoral Officer proposes to deregister a registered party under section 414 or subsection 415(3), he or she shall, in writing, so notify the party and its registered associations.

                                                  Marginal note: Date of deregistration

                                                  Marginal note: Proof of service

                                                  Marginal note: Effect of deregistration of registered party

                                                  417. If a registered party is deregistered, its registered associations are also deregistered.

                                                  Marginal note: Notice of deregistration

                                                  418. (1) The Chief Electoral Officer shall without delay cause a notice of the deregistration of a registered party and of its registered associations to be published in the Canada Gazette .

                                                  Marginal note: Entry of deregistration in registry of political parties

                                                  Marginal note: Continuation of registered status for limited purpose

                                                  419. A registered party that is deregistered continues to have the obligations of a registered party for the purpose of section 420.

                                                  Marginal note: Fiscal period and returns

                                                  420. The chief agent of a deregistered political party shall, within six months after the day of its deregistration, provide the Chief Electoral Officer with

                                                  • (a) the documents referred to in subsection 432(1) for
                                                    • (i) the portion of its current fiscal period ending on the day of its deregistration, and
                                                    • (ii) any earlier fiscal period for which those documents have not already been provided under that subsection; and

                                                    Merger of Registered Parties

                                                    Marginal note: Application for merger

                                                    421. (1) Two or more registered parties may, at any time other than during the period beginning 30 days before the issue of a writ for an election and ending on polling day, apply to the Chief Electoral Officer to become a merged registered party.

                                                    Marginal note: Contents

                                                    • (a) be certified by the leaders of the merging parties;
                                                    • (b) be accompanied by a resolution from each of the merging parties approving the proposed merger; and
                                                    • (c) contain the information required from a political party to become a registered party, except for the information referred to in paragraph 385(2)(i).

                                                    Marginal note: Registration for eligible merged parties

                                                    • 422. (1) The Chief Electoral Officer shall amend the registry of political parties by replacing the names of the merging parties with the name of the merged party if
                                                      • (a) the application for the merger was not made in the period referred to in subsection 421(1); and
                                                      • (b) he or she is satisfied that
                                                        • (i) the merged party is eligible for registration under this Act, and
                                                        • (ii) the merging parties have discharged their obligations under this Act, including their obligations to report on their financial transactions and their election expenses and to maintain valid and up-to-date information concerning their registration.

                                                        Marginal note: Notice

                                                        Marginal note: Notice in Canada Gazette

                                                        Marginal note: Effective date of merger

                                                        423. (1) A merger of registered parties takes effect on the day on which the Chief Electoral Officer amends the registry of political parties under subsection 422(1).

                                                        Marginal note: Consequences of merger

                                                        • (a) the merged party is the successor of each merging party;
                                                        • (b) the merged party becomes a registered party;
                                                        • (c) the assets of each merging party are transferred to the merged party;
                                                        • (d) the merged party is responsible for the liabilities of each merging party;
                                                        • (e) the merged party is responsible for the obligations of each merging party to report on its financial transactions and election expenses for any period before the merger took effect;
                                                        • (f) the merged party replaces a merging party in any proceedings, whether civil, penal or administrative, by or against the merging party; and
                                                        • (g) any decision of a judicial or quasi-judicial nature involving a merging party may be enforced by or against the merged party.

                                                        Marginal note: Effect of merger on registered associations

                                                        Marginal note: Returns

                                                        424. Within six months after a merger

                                                        • (a) each of the merging parties shall provide the Chief Electoral Officer with the documents referred to in subsection 432(1) for
                                                          • (i) the portion of its current fiscal period that ends on the day before the day on which the merger takes effect, and
                                                          • (ii) any earlier fiscal period for which those documents have not been provided; and
                                                          • (i) a statement, prepared in accordance with generally accepted accounting principles, of its assets and liabilities, including any surplus or deficit, at the date of the merger,
                                                          • (ii) a report on that statement made by the merged party’s auditor to its chief agent that contains the auditor’s opinion as to whether that statement presents fairly and in accordance with generally accepted accounting principles the information on which it was based, and
                                                          • (iii) a declaration in the prescribed form by the chief agent of the merged party that the statement is complete and accurate.

                                                          Subdivision b Financial Administration of Registered Parties

                                                          General

                                                          Marginal note: Duty of chief agent

                                                          425. The chief agent of a registered party is responsible for administering its financial transactions and for reporting on them in accordance with this Act.

                                                          Marginal note: Prohibition — paying expenses

                                                          426. (1) No person or entity, other than a registered agent of a registered party or a person authorized under subsection 381(1), shall pay the registered party’s expenses.

                                                          Marginal note: Prohibition — incurring expenses

                                                          Marginal note: Prohibition — accepting contributions, borrowing

                                                          Marginal note: Prohibition — accepting or providing goods, services or funds

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

                                                          Recovery of Claims for Debts

                                                          Marginal note: Claim for payment

                                                          427. A person who has a claim to be paid for a debt of a registered party shall send the invoice or other document evidencing the claim to the registered party or one of its registered agents.

                                                          Marginal note: Payment within three years

                                                          428. If a claim for an expense is evidenced by an invoice or other document that has been sent under section 427, the claim shall be paid within three years after the day on which payment of it is due.

                                                          Marginal note: Proceedings to recover payment

                                                          429. A person who has sent an invoice or other document evidencing a claim under section 427 may commence proceedings in a court of competent jurisdiction to recover any unpaid amount

                                                          • (a) at any time, if the registered agent refuses to pay that amount or disputes that it is payable; or
                                                          • (b) after the end of the period referred to in section 428, in any other case.

                                                          Maximum Election Expenses

                                                          Marginal note: Maximum election expenses

                                                          • 430. (1) The maximum amount that is allowed for election expenses of a registered party for an election is the product of
                                                            • (a) $0.735 multiplied by the number of names on the preliminary lists of electors for electoral districts in which the registered party has endorsed a candidate or by the number of names on the revised lists of electors for those electoral districts, whichever is greater, and
                                                            • (b) the inflation adjustment factor published by the Chief Electoral Officer under section 384 that is in effect on the date of the issue of the writ or writs for the election.

                                                            Marginal note: Election period longer than 37 days

                                                            • (a) one thirty-seventh of the maximum amount calculated under subsection (1), and
                                                            • (b) the number of days in the election period minus 37.

                                                            Marginal note: Amounts not included in election expenses

                                                            • (a) a transfer made by or on behalf of it to candidates in the election; or
                                                            • (b) an expense incurred by it through a registered agent, or person authorized under subsection 381(1), who was not acting within the scope of the registered agent’s authority.

                                                            Marginal note: Prohibition — election expenses more than maximum

                                                            431. (1) No chief agent of a registered party shall incur election expenses on the party’s behalf of a total amount of more than the maximum amount calculated under section 430.

                                                            Marginal note: Prohibition — collusion

                                                            Financial Reporting

                                                            Marginal note: Financial transactions return

                                                            • 432. (1) For each fiscal period of a registered party, its chief agent shall provide the Chief Electoral Officer with
                                                              • (a) a financial transactions return, in the prescribed form, on the registered party’s financial transactions;
                                                              • (b) the auditor’s report on the return made under subsection 435(1); and
                                                              • (c) a declaration in the prescribed form by the chief agent that the return is complete and accurate.

                                                              Marginal note: Contents of return

                                                              • (a) the total amount of contributions received by the registered party;
                                                              • (b) the number of contributors;
                                                              • (c) the name and address of each contributor who made contributions of a total amount of more than $200 to the registered party, that total amount, as well as the amount of each of those contributions and the date on which the party received it;
                                                              • (d) the name and address of each contributor who has made a contribution to the registered party that includes a directed contribution as defined in subsection 365(2), the amount of the contribution, the amount of the directed contribution and the date on which the party received it;
                                                              • (e) a statement of the registered party’s assets and liabilities and any surplus or deficit in accordance with generally accepted accounting principles, including a statement of
                                                                • (i) claims that are the subject of proceedings under section 429, and
                                                                • (ii) unpaid claims, including those resulting from loans made to the registered party under section 373;
                                                                • (i) a statement of expenses incurred by the registered party, whether paid or unpaid, including a statement of expenses incurred for voter contact calling services as defined in section 348.01, provided by a calling service provider as defined in that section, that indicates the name of that provider and the amount of those expenses, and
                                                                • (ii) a statement of non-monetary contributions used by it;

                                                                Marginal note: Report

                                                                Marginal note: Publication

                                                                Marginal note: Period for providing documents

                                                                Marginal note: Statement of unpaid claims

                                                                • (a) each unpaid claim in the statement for the previous fiscal period that has been paid in full since that statement was provided; and
                                                                • (b) each claim that remains unpaid 18 months after the day on which it was due and each claim that remains unpaid 36 months after the day on which it was due.

                                                                Marginal note: Unpaid claims — 18 months or more

                                                                • (a) whether any part of the unpaid amount is disputed and, if so, what steps the parties have taken to resolve the dispute;
                                                                • (b) whether the claim is the subject of proceedings under section 429;
                                                                • (c) whether the unpaid amount of a loan is the subject of proceedings to secure its payment, or of a dispute as to the amount that was to be paid or the amount that remains unpaid;
                                                                • (d) whether the parties have agreed on a repayment schedule and, if so, whether repayments are being made according to the schedule;
                                                                • (e) whether the unpaid amount has been written off by the creditor as an uncollectable debt in accordance with the creditor’s normal accounting practices; and
                                                                • (f) any other relevant information that could help explain why the amount is unpaid.

                                                                Marginal note: Quarterly returns

                                                                433. (1) If a registered party’s candidates for the most recent general election received at that election at least 2% of the number of valid votes cast, or at least 5% of the number of valid votes cast in the electoral districts in which the registered party endorsed a candidate, the registered party’s chief agent shall provide the Chief Electoral Officer with a return, for each quarter of the fiscal period of the registered party, that includes the information required under paragraphs 432(2)(a) to (d), (i) and (l).

                                                                Marginal note: Period for providing return

                                                                Marginal note: When contributions forwarded to Receiver General

                                                                434. If the name of the contributor of a contribution of more than $20 to a registered party, or the name or address of a contributor who has made contributions of a total amount of more than $200 to a registered party, is not known, one of the registered party’s registered agents shall, without delay, pay an amount of money equal to the value of the contribution to the Chief Electoral Officer, who shall forward it to the Receiver General.

                                                                Marginal note: Auditor’s report

                                                                435. (1) A registered party’s auditor shall report to the party’s chief agent on the party’s financial transactions return 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 the return is based.

                                                                Marginal note: Statement

                                                                • (a) the financial transactions return that is the subject of the report does not present fairly and in accordance with generally accepted accounting principles the information contained in the financial records on which it is based;
                                                                • (b) the auditor has not received all of the information and explanations that the auditor required; or
                                                                • (c) based on the examination, it appears that the registered party has not kept proper financial records.

                                                                Marginal note: Right of access

                                                                Marginal note: Prohibition — false, misleading or incomplete document

                                                                436. No chief agent of a registered party shall provide the Chief Electoral Officer with a document referred to in paragraph 432(1)(a) that

                                                                • (a) the chief agent knows or ought reasonably to know contains a material statement that is false or misleading; or
                                                                • (b) does not substantially set out the information required under subsection 432(2) or, in the case of a statement of unpaid claims referred to in subparagraph 432(2)(e)(ii), does not substantially set out information required under subsection 432(6) or (7).

                                                                Election Expenses Reporting

                                                                Marginal note: Election expenses return

                                                                • 437. (1) For a general election, the chief agent of a registered party shall provide the Chief Electoral Officer with
                                                                  • (a) an election expenses return in the prescribed form;
                                                                  • (b) the auditor’s report referred to in subsection 438(1) on that return; and
                                                                  • (c) a declaration in the prescribed form by the chief agent that the return is complete and accurate.

                                                                  Marginal note: Contents of return

                                                                  • (a) the expenses incurred by the registered party, whether paid or unpaid, including a statement of expenses incurred for voter contact calling services as defined in section 348.01, provided by a calling service provider as defined in that section, that indicates the name of that provider and the amount of those expenses; and
                                                                  • (b) the non-monetary contributions used by the registered party as an election expense.

                                                                  Marginal note: Period for providing documents

                                                                  Marginal note: Auditor’s report

                                                                  438. (1) As soon as feasible after a general election, a registered party’s auditor shall report to its chief agent on its return on general election expenses 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 the return is based and the registered party and the chief agent have complied with the requirements of Division 1 of this Part and this Division.

                                                                  Marginal note: Statement

                                                                  • (a) the return that is the subject of the report does not present fairly the information contained in the financial records on which the return is based;
                                                                  • (b) the auditor has not received all of the information and explanations that the auditor required;
                                                                  • (c) based on the examination, it appears that the registered party has not kept proper financial records; or
                                                                  • (d) based on the examination, it appears that the registered party and the chief agent have not complied with the requirements of Division 1 of this Part and this Division.

                                                                  Marginal note: Right of access

                                                                  Marginal note: Prohibition — false, misleading or incomplete document

                                                                  439. No chief agent of a registered party shall provide the Chief Electoral Officer with a document referred to in paragraph 437(1)(a) that

                                                                  • (a) the chief agent knows or ought reasonably to know contains a material statement that is false or misleading; or
                                                                  • (b) does not substantially set out the information required under subsection 437(2).

                                                                  Corrections, Revisions and Extended Reporting Periods

                                                                  Marginal note: Minor corrections — Chief Electoral Officer

                                                                  440. (1) The Chief Electoral Officer may correct a document referred to in subsection 432(1) or 437(1) if the correction does not materially affect its substance.

                                                                  Marginal note: Corrections or revisions at request of Chief Electoral Officer

                                                                  Marginal note: Deadline for correction or revision

                                                                  Marginal note: Extensions — Chief Electoral Officer

                                                                  441. (1) The Chief Electoral Officer, on the written application of a registered party’s chief agent or, if the chief agent is absent or unable to perform their duties, its leader, shall authorize the extension of a period referred to in subsection 432(5) or 437(3) unless he or she is satisfied that the chief agent’s failure to provide the required documents was deliberate or was the result of the chief agent’s failure to exercise due diligence.

                                                                  Marginal note: Deadline

                                                                  Marginal note: Corrections or revisions — Chief Electoral Officer

                                                                  442. (1) The Chief Electoral Officer, on the written application of a registered party’s chief agent or, if the chief agent is absent or unable to perform their duties, its leader, shall authorize the correction or revision of a document referred to in subsection 432(1) or 437(1) if he or she is satisfied by the evidence submitted by the applicant that the correction or revision is necessary in order for the requirements of this Act to be complied with.

                                                                  Marginal note: Application made without delay

                                                                  Marginal note: Deadline for corrections or revisions

                                                                  Marginal note: New deadline

                                                                  Marginal note: Extension of new deadline

                                                                  Marginal note: Extensions, corrections or revisions — judge

                                                                  • 443. (1) The chief agent of a registered party or, if the chief agent is absent or unable to perform their duties, its leader, may apply to a judge for an order
                                                                    • (a) relieving the chief agent from the obligation to comply with a request referred to in subsection 440(2);
                                                                    • (b) authorizing an extension referred to in subsection 441(1); or
                                                                    • (c) authorizing a correction or revision referred to in subsection 442(1).

                                                                    The applicant shall notify the Chief Electoral Officer that the application has been made.

                                                                    Marginal note: Deadline

                                                                    • (a) under paragraph (1)(a), within the specified period referred to in subsection 440(2) or within the two weeks after the end of that period;
                                                                    • (b) under paragraph (1)(b), within two weeks after, as the case may be,
                                                                      • (i) if an application for an extension is not made to the Chief Electoral Officer within the period referred to in subsection 441(2), the end of the two-week period referred to in that subsection,
                                                                      • (ii) the rejection of an application for an extension made in accordance with section 441, or
                                                                      • (iii) the end of the extended period referred to in subsection 441(1); or

                                                                      Marginal note: Grounds — relief from compliance

                                                                      Marginal note: Grounds — extension

                                                                      Marginal note: Grounds — corrections or revisions

                                                                      Marginal note: Contents of order

                                                                      Reimbursement of Election Expenses

                                                                      Marginal note: Certificate

                                                                      • 444. (1) On receipt from a registered party of the documents referred to in subsection 437(1), the Chief Electoral Officer shall provide the Receiver General with a certificate that sets out the amount that is 50% 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
                                                                        • (a) the Chief Electoral Officer is satisfied — even despite any statement that the registered party’s auditor has included under paragraph 438(2)(d) in a report under subsection 438(1) — that the registered party and its chief agent have complied with the requirements of sections 437 to 443;
                                                                        • (b) the auditor’s report does not include a statement referred to in any of paragraphs 438(2)(a) to (c); and
                                                                        • (c) candidates endorsed by the registered party received at least
                                                                          • (i) 2% of the number of valid votes cast at the election, or
                                                                          • (ii) 5% of the number of valid votes cast in the electoral districts in which the registered party endorsed a candidate.

                                                                          Marginal note: Reduction of reimbursement

                                                                          • (a) by one dollar for every dollar that exceeds the maximum amount by less than 5%;
                                                                          • (b) by two dollars for every dollar that exceeds the maximum amount by 5% or more but by less than 10%;
                                                                          • (c) by three dollars for every dollar that exceeds the maximum amount by 10% or more but by less than 12.5%; and
                                                                          • (d) by four dollars for every dollar that exceeds the maximum amount by 12.5% or more.

                                                                          Marginal note: Reimbursement

                                                                          Quarterly Allowances

                                                                          Marginal note: Quarterly allowance

                                                                          • 445. (1) The Chief Electoral Officer shall determine, for each quarter of a calendar year, an allowance payable to a registered party whose candidates for the most recent general election preceding that quarter received at that election at least
                                                                            • (a) 2% of the number of valid votes cast; or
                                                                            • (b) 5% of the number of valid votes cast in the electoral districts in which the registered party endorsed a candidate.

                                                                            Marginal note: Computation of fund

                                                                            • (a) $0.255, for the quarter that begins on April 1, 2013 and the three following quarters; and
                                                                            • (b) $0.1275, for the quarter that begins on April 1, 2014 and the three following quarters.

                                                                            Marginal note: Computation of party’s allowance

                                                                            Marginal note: Merger of parties

                                                                            Marginal note: Certificate

                                                                            446. (1) As soon as feasible after the end of each quarter, the Chief Electoral Officer shall provide the Receiver General with a certificate that sets out the amount of the allowance payable to a registered party for that quarter.

                                                                            Marginal note: Delay for non-compliance

                                                                            Marginal note: Payment

                                                                            • (a) the name of the division and of the province or territory;
                                                                            • (b) the name of the party;
                                                                            • (c) the address of the office where records of that division are maintained and to which communications may be addressed;
                                                                            • (d) the names and addresses of the chief executive officer and other officers of the division;
                                                                            • (e) the name and address of any registered agent appointed by the division; and
                                                                            • (f) a declaration signed by the party’s leader certifying that the division is a division of the party.

                                                                            This Act applies to information provided under this subsection as if it were information referred to in paragraphs 385(2)(a) to (h).

                                                                            Marginal note: Report of changes in information

                                                                            Division 3 Electoral District Associations

                                                                            Subdivision a Registration of Electoral District Associations

                                                                            Registration

                                                                            Marginal note: Prohibition — accepting contributions, etc., while not registered

                                                                            447. No electoral district association of a registered party shall, unless it is registered,

                                                                            • (a) accept contributions;
                                                                            • (b) provide goods or services or transfer funds to a candidate endorsed by a registered party;
                                                                            • (c) provide goods or services or transfer funds to a registered party or a registered association; or
                                                                            • (d) accept surplus nomination campaign funds of a nomination contestant, surplus electoral funds of a candidate or surplus leadership campaign funds of a leadership contestant.

                                                                            Marginal note: Contents of application

                                                                            • 448. (1) An electoral district association of a registered party may submit to the Chief Electoral Officer an application for registration that includes
                                                                              • (a) the full name of the association and of the electoral district;
                                                                              • (b) the full name of the registered party;
                                                                              • (c) the address of the association’s office where records are maintained and to which communications may be addressed;
                                                                              • (d) the names and addresses of the chief executive officer and other officers of the association;
                                                                              • (e) the name and address of the appointed auditor of the association; and
                                                                              • (f) the name and address of the financial agent of the association.

                                                                              Marginal note: Accompanying documents

                                                                              • (a) the signed consent of the financial agent to act in that capacity;
                                                                              • (b) the signed consent of the auditor to act in that capacity; and
                                                                              • (c) a declaration signed by the leader of the party certifying that the electoral district association is an electoral district association of the party.

                                                                              Marginal note: Examination of application

                                                                              Marginal note: Date of registration

                                                                              Marginal note: Only one registered association per district

                                                                              449. A registered party may have at most one registered association in an electoral district.

                                                                              Marginal note: Prohibition — election advertising in election period

                                                                              450. (1) No electoral district association of a registered party shall, during an election period, incur expenses for — or transmit or cause to be transmitted — election advertising as defined in section 319.

                                                                              Marginal note: Uncancellable spending

                                                                              Marginal note: Statement of assets and liabilities

                                                                              451. Within six months after the day on which it becomes a registered association, the association shall provide the Chief Electoral Officer with

                                                                              • (a) a statement, prepared in accordance with generally accepted accounting principles, of its assets and liabilities, including any surplus or deficit, as of the day before the effective date of the registration; and
                                                                              • (b) a declaration in the prescribed form by its financial agent that the statement is complete and accurate.

                                                                              Marginal note: Prohibition — declaration concerning statement

                                                                              452. No financial agent of a registered association shall make a declaration referred to in paragraph 451(b) if the agent knows or ought reasonably to know that the statement referred to in paragraph 451(a) is not complete and accurate.

                                                                              Marginal note: Annual fiscal period

                                                                              453. The fiscal period of a registered association is the calendar year.

                                                                              Marginal note: Adjustment of fiscal period

                                                                              454. Without delay after becoming registered, a registered association shall, if necessary, adjust its fiscal period so that it ends at the end of the calendar year. The adjusted fiscal period shall not be less than six months or more than 18 months.

                                                                              Marginal note: Registry of electoral district associations

                                                                              455. The Chief Electoral Officer shall maintain a registry of electoral district associations that contains the information referred to in subsections 448(1), 456(2) and 471(2).

                                                                              Electoral District Agents and Auditors

                                                                              Marginal note: Appointments

                                                                              456. (1) A registered association may appoint, as electoral district agents, persons who are authorized by the association to accept contributions and to incur and pay expenses on behalf of the association. The appointment is subject to any terms and conditions that it specifies.

                                                                              Marginal note: Report of appointment

                                                                              Marginal note: Agents — corporations

                                                                              457. (1) A corporation incorporated under the laws of Canada or a province is eligible to be the financial agent or an electoral district agent of a registered association.

                                                                              Marginal note: Agents — ineligible persons

                                                                              • (a) an election officer or a member of the staff of a returning officer;
                                                                              • (b) a candidate;
                                                                              • (c) an auditor appointed as required by this Act;
                                                                              • (d) subject to subsection (1), a person who is not an elector;
                                                                              • (e) an undischarged bankrupt; and
                                                                              • (f) a person who does not have full capacity to enter into contracts in the province in which the person ordinarily resides.

                                                                              Marginal note: If member of partnership appointed as agent

                                                                              Marginal note: Auditor — eligibility

                                                                              • 458. (1) Only the following are eligible to be an auditor for a registered association:
                                                                                • (a) a person who is a member in good standing of a corporation, association or institute of professional accountants; or
                                                                                • (b) a partnership of which every partner is a member in good standing of a corporation, association or institute of professional accountants.

                                                                                Marginal note: Auditor — ineligibility

                                                                                • (a) an election officer or a member of the staff of a returning officer;
                                                                                • (b) a candidate or their official agent;
                                                                                • (c) a chief agent of a registered party or an eligible party;
                                                                                • (d) a registered agent of a registered party;
                                                                                • (e) an electoral district agent of a registered association;
                                                                                • (f) a nomination contestant or their financial agent;
                                                                                • (g) a leadership contestant or their leadership campaign agent; and
                                                                                • (h) a financial agent of a registered third party.

                                                                                Marginal note: Consent

                                                                                459. A registered association shall obtain from its financial agent and auditor, on appointment, their signed consent to act in that capacity.

                                                                                Marginal note: Replacement of financial agent or auditor

                                                                                460. In the event of the death, incapacity, resignation or ineligibility of its financial agent or auditor, or the revocation of the appointment of one, a registered association shall without delay appoint a replacement.

                                                                                Marginal note: Only one financial agent and auditor

                                                                                461. A registered association shall have no more than one financial agent and one auditor at a time.

                                                                                Marginal note: Prohibition — agents

                                                                                462. (1) No person who is ineligible to be a financial agent or an electoral district agent of a registered association shall act in that capacity.

                                                                                Marginal note: Prohibition — auditor

                                                                                Changes in Information Concerning Registered Associations

                                                                                Marginal note: Changes in information

                                                                                463. (1) Within 30 days after the day on which there is a change in the information referred to in subsection 448(1) other than paragraph 448(1)(b), a registered association shall report the change to the Chief Electoral Officer in writing. The report shall be certified by the chief executive officer of the association.

                                                                                Marginal note: New financial agent or auditor

                                                                                Marginal note: Registration of change

                                                                                Marginal note: Confirmation of registration yearly

                                                                                464. On or before May 31 of every year, unless an election campaign is in progress in that electoral district on that date, in which case the date is July 31, a registered association shall provide the Chief Electoral Officer with

                                                                                • (a) a statement certified by its chief executive officer confirming the validity of the information concerning the association in the registry of electoral district associations; and
                                                                                • (b) if there is a change in that information, the report of the change made under subsection 463(1).

                                                                                Deregistration of Registered Associations

                                                                                Marginal note: Deregistration — failure to provide documents

                                                                                465. The Chief Electoral Officer may deregister a registered association if the association fails to provide

                                                                                • (a) any of the documents referred to in section 451;
                                                                                • (b) a report under subsection 456(2) concerning the appointment of an electoral district agent;
                                                                                • (c) any of the documents referred to in subsection 463(1) or (2) with respect to a replacement of its financial agent or auditor;
                                                                                • (d) a report under subsection 463(1) concerning a change in any other registered information;
                                                                                • (e) confirmation under section 464 of the validity of the registered information; or
                                                                                • (f) a report that is required to be filed under subsection 476.1(1) by the registered association.

                                                                                Marginal note: Deregistration — failure to file return

                                                                                466. The Chief Electoral Officer may deregister a registered association if its financial agent fails to provide him or her with a document for a fiscal period in accordance with subsection 475.4(1).

                                                                                Marginal note: Voluntary deregistration

                                                                                467. (1) On application by a registered association to become deregistered, signed by its chief executive officer and its financial agent, the Chief Electoral Officer may deregister the association.

                                                                                Marginal note: Deregistration at request of party

                                                                                Marginal note: Exception

                                                                                Marginal note: Procedure for non-voluntary deregistration

                                                                                • 468. (1) If the Chief Electoral Officer believes on reasonable grounds that a registered association or its financial agent has omitted to perform any obligation referred to in section 465 or 466, the Chief Electoral Officer shall, in writing, notify the association’s chief executive officer and its financial agent that the association or financial agent must
                                                                                  • (a) rectify the omission by the discharge of that obligation within 30 days after receipt of the notice; or
                                                                                  • (b) satisfy the Chief Electoral Officer that the omission was not the result of negligence or a lack of good faith.

                                                                                  Marginal note: Extension or exemption

                                                                                  • (a) exempting, in whole or in part, the recipients of the notice from complying with the obligations referred to in section 465 or 466; or
                                                                                  • (b) specifying a period for compliance with the obligations referred to in paragraph (1)(a).

                                                                                  Marginal note: Copy of notice

                                                                                  Marginal note: Deregistration

                                                                                  Marginal note: Electoral Boundaries Readjustment Act

                                                                                  469. (1) If the boundaries of an electoral district are revised as a result of a representation order made under section 25 of the Electoral Boundaries Readjustment Act , a registered association for the electoral district may, before the day on which the representation order comes into force under subsection 25(1) of that Act, file with the Chief Electoral Officer a notice that it will be continued as the registered association for a particular electoral district described in the representation order. The notice shall be accompanied by a consent signed by the leader of the registered party with which it is affiliated.

                                                                                  Marginal note: Effect of continuation

                                                                                  Marginal note: Deregistration

                                                                                  Marginal note: Pre-registration

                                                                                  Marginal note: Applicant deemed to be electoral district association

                                                                                  Marginal note: Notice of deregistration

                                                                                  470. (1) If the Chief Electoral Officer proposes to deregister a registered association under section 467 or subsection 468(4), he or she shall, in writing, so notify the association and the registered party with which it is affiliated.

                                                                                  Marginal note: Date of deregistration

                                                                                  Marginal note: Proof of service

                                                                                  Marginal note: Publication

                                                                                  471. (1) If a registered association is deregistered for any reason other than the deregistration of the registered 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 .

                                                                                  Marginal note: Entry of deregistration in registry of electoral district associations

                                                                                  Marginal note: Effect of deregistration

                                                                                  472. An electoral district association that is deregistered continues to have the obligations of a registered association for the purpose of section 473.

                                                                                  Marginal note: Fiscal period and returns

                                                                                  473. 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 475.4(1) for

                                                                                  • (a) the portion of its current fiscal period ending on the day of its deregistration; and
                                                                                  • (b) any earlier fiscal period for which those documents have not already been provided under that subsection.

                                                                                  Subdivision b Financial Administration of Registered Associations

                                                                                  General

                                                                                  Marginal note: Duty of financial agent

                                                                                  474. The financial agent of a registered association is responsible for administering its financial transactions and for reporting on them in accordance with this Act.

                                                                                  Marginal note: Prohibition — paying expenses

                                                                                  475. (1) No person or entity, other than an electoral district agent of a registered association, shall pay the registered association’s expenses.

                                                                                  Marginal note: Prohibition — incurring expenses

                                                                                  Marginal note: Prohibition — accepting contributions, borrowing

                                                                                  Marginal note: Prohibition — accepting or providing goods, services or funds

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

                                                                                  Recovery of Claims for Debts

                                                                                  Marginal note: Claim for payment

                                                                                  475.1 A person who has a claim to be paid for a debt of a registered association shall send the invoice or other document evidencing the claim to the registered association or one of its electoral district agents.

                                                                                  Marginal note: Payment within three years

                                                                                  475.2 If a claim for an expense is evidenced by an invoice or other document that has been sent under section 475.1, the claim shall be paid within three years after the day on which payment of it is due.

                                                                                  Marginal note: Proceedings to recover payment

                                                                                  475.3 A person who has sent an invoice or other document evidencing a claim under section 475.1 may commence proceedings in a court of competent jurisdiction to recover any unpaid amount

                                                                                  • (a) at any time, if the electoral district agent refuses to pay that amount or disputes that it is payable; or
                                                                                  • (b) after the end of the period referred to in section 475.2, in any other case.

                                                                                  Financial Reporting

                                                                                  Marginal note: Financial transactions return

                                                                                  • 475.4 (1) For each fiscal period of a registered association, its financial agent shall provide the Chief Electoral Officer with
                                                                                    • (a) a financial transactions return, in the prescribed form, on the association’s financial transactions;
                                                                                    • (b) the auditor’s report on the return, if one is required under subsection 475.6(1); and
                                                                                    • (c) a declaration in the prescribed form by the financial agent that the return is complete and accurate.

                                                                                    Marginal note: Contents of return

                                                                                    • (a) the total amount of contributions received by the registered association;
                                                                                    • (b) the number of contributors;
                                                                                    • (c) the name and address of each contributor who made contributions of a total amount of more than $200 to the registered association, that total amount, as well as the amount of each of those contributions and the date on which the association received it;
                                                                                    • (d) a statement of the registered association’s assets and liabilities and any surplus or deficit in accordance with generally accepted accounting principles, including a statement of
                                                                                      • (i) claims that are the subject of proceedings under section 475.3, and
                                                                                      • (ii) unpaid claims, including those resulting from loans made to the registered association under section 373;

                                                                                      Marginal note: Report

                                                                                      Marginal note: Publication

                                                                                      Marginal note: Period for providing documents

                                                                                      Marginal note: Statement of unpaid claims

                                                                                      • (a) each unpaid claim in the statement for the previous fiscal period that has been paid in full since that statement was provided; and
                                                                                      • (b) each claim that remains unpaid 18 months after the day on which it was due and each claim that remains unpaid 36 months after the day on which it was due.

                                                                                      Marginal note: Unpaid claims — 18 months or more

                                                                                      • (a) whether any part of the unpaid amount is disputed and, if so, what steps the parties have taken to resolve the dispute;
                                                                                      • (b) whether the claim is the subject of proceedings under section 475.3;
                                                                                      • (c) whether the unpaid amount of a loan is the subject of proceedings to secure its payment, or of a dispute as to the amount that was to be paid or the amount that remains unpaid;
                                                                                      • (d) whether the parties have agreed on a repayment schedule and, if so, whether repayments are being made according to the schedule;
                                                                                      • (e) whether the unpaid amount has been written off by the creditor as an uncollectable debt in accordance with the creditor’s normal accounting practices; and
                                                                                      • (f) any other relevant information that could help explain why the amount is unpaid.

                                                                                      Marginal note: When contributions forwarded to Receiver General

                                                                                      475.5 If the name of the contributor of a contribution of more than $20 to a registered association, or the name or address of a contributor who has made contributions of a total amount of more than $200 to a registered association, is not known, the registered association’s financial agent shall, without delay, pay an amount of money equal to the value of the contribution to the Chief Electoral Officer, who shall forward it to the Receiver General.

                                                                                      Marginal note: Auditor’s report

                                                                                      475.6 (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 association’s financial transactions return 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.

                                                                                      Marginal note: Statement

                                                                                      • (a) the financial transactions return that is the subject of the report does not present fairly and in accordance with generally accepted accounting principles the information contained in the financial records on which it is based;
                                                                                      • (b) the auditor has not received all of the information and explanations that the auditor required; or
                                                                                      • (c) based on the examination, it appears that the registered association has not kept proper financial records.

                                                                                      Marginal note: Right of access

                                                                                      Marginal note: Prohibition — false, misleading or incomplete document

                                                                                      475.7 No financial agent of a registered association shall provide the Chief Electoral Officer with a document referred to in paragraph 475.4(1)(a) that

                                                                                      • (a) the financial agent knows or ought reasonably to know contains a material statement that is false or misleading; or
                                                                                      • (b) does not substantially set out the information required under subsection 475.4(2) or, in the case of a statement of unpaid claims referred to in subparagraph 475.4(2)(d)(ii), does not substantially set out information required under subsection 475.4(6) or (7).

                                                                                      Payment of Audit Expenses

                                                                                      Marginal note: Certificate — audit expenses

                                                                                      475.8 (1) On receipt of the documents referred to in subsection 475.4(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 475.6(1).

                                                                                      Marginal note: Payment

                                                                                      Corrections, Revisions and Extended Reporting Periods

                                                                                      Marginal note: Minor corrections — Chief Electoral Officer

                                                                                      475.9 (1) The Chief Electoral Officer may correct a document referred to in subsection 475.4(1) if the correction does not materially affect its substance.

                                                                                      Marginal note: Corrections or revisions at request of Chief Electoral Officer

                                                                                      Marginal note: Deadline for corrections or revision

                                                                                      Marginal note: Extensions — Chief Electoral Officer

                                                                                      475.91 (1) The Chief Electoral Officer, on the written application of a registered association’s financial agent or, if the financial agent is absent or unable to perform their duties, its chief executive officer, shall authorize the extension of a period referred to in subsection 475.4(5) unless he or she is satisfied that the financial agent’s failure to provide the required documents was deliberate or was the result of their failure to exercise due diligence.

                                                                                      Marginal note: Deadline

                                                                                      Marginal note: Corrections or revisions — Chief Electoral Officer

                                                                                      475.92 (1) The Chief Electoral Officer, on the written application of a registered association’s financial agent or, if the financial agent is absent or unable to perform their duties, its chief executive officer, shall authorize the correction or revision of a document referred to in subsection 475.4(1) if he or she is satisfied by the evidence submitted by the applicant that the correction or revision is necessary in order for the requirements of this Act to be complied with.

                                                                                      Marginal note: Application made without delay

                                                                                      Marginal note: Deadline for corrections or revisions

                                                                                      Marginal note: New deadline

                                                                                      Marginal note: Extension of new deadline

                                                                                      Marginal note: Extensions, corrections or revisions — judge

                                                                                      • 475.93 (1) The financial agent of a registered association or, if the financial agent is absent or unable to perform their duties, its chief executive officer, may apply to a judge for an order
                                                                                        • (a) relieving the financial agent from the obligation to comply with a request referred to in subsection 475.9(2);
                                                                                        • (b) authorizing an extension referred to in subsection 475.91(1); or
                                                                                        • (c) authorizing a correction or revision referred to in subsection 475.92(1).

                                                                                        The applicant shall notify the Chief Electoral Officer that the application has been made.

                                                                                        Marginal note: Deadline

                                                                                        • (a) under paragraph (1)(a), within the specified period referred to in subsection 475.9(2) or within the two weeks after the end of that period;
                                                                                        • (b) under paragraph (1)(b), within two weeks after, as the case may be,
                                                                                          • (i) if an application for an extension is not made to the Chief Electoral Officer within the period referred to in subsection 475.91(2), the end of the two-week period referred to in that subsection,
                                                                                          • (ii) the rejection of an application for an extension made in accordance with section 475.91, or
                                                                                          • (iii) the end of the extended period referred to in subsection 475.91(1); or

                                                                                          Marginal note: Grounds — relief from compliance

                                                                                          Marginal note: Grounds — extension

                                                                                          Marginal note: Grounds — correction or revision

                                                                                          Marginal note: Contents of order

                                                                                          Division 4 Nomination Contestants

                                                                                          Interpretation

                                                                                          Marginal note: Definitions

                                                                                          476. The following definitions apply in this Division.

                                                                                          means the expenses of a personal nature that are reasonably incurred by or on behalf of a nomination contestant in relation to their nomination campaign and includes

                                                                                          • (a) travel and living expenses;
                                                                                          • (b) childcare expenses;
                                                                                          • (c) expenses relating to the provision of care for a person with a physical or mental incapacity for whom the contestant normally provides such care; and
                                                                                          • (d) in the case of a contestant who has a disability, additional expenses that are related to the disability.

                                                                                          « date de désignation »

                                                                                          means the date on which a nomination contest is decided.

                                                                                          Subdivision a Nomination Contest Report

                                                                                          Marginal note: Notice of nomination contest

                                                                                          • 476.1 (1) When a nomination contest is held, the registered party, or the registered association if the contest was held by the registered association, shall, within 30 days after the selection date, file with the Chief Electoral Officer a report setting out
                                                                                            • (a) the name of the electoral district, the registered association and the registered party that the nomination contest concerns;
                                                                                            • (b) the date on which the nomination contest began and the selection date;
                                                                                            • (c) the name and address of each nomination contestant as of the selection date and of their financial agent; and
                                                                                            • (d) the name of the person selected in the nomination contest.

                                                                                            Marginal note: Notice

                                                                                            Marginal note: Publication

                                                                                            Marginal note: Deeming

                                                                                            476.2 For the purposes of Division 1 of this Part and this Division, a nomination contestant is deemed to have been a nomination contestant from the time they accept a contribution, incur a nomination campaign expense or borrow money under section 373.

                                                                                            Marginal note: Duty to appoint financial agent

                                                                                            476.3 A nomination contestant shall appoint a financial agent before accepting a contribution or incurring a nomination campaign expense.

                                                                                            Marginal note: Financial agent — ineligibility

                                                                                            • 476.4 (1) The following persons are ineligible to be the financial agent of a nomination contestant:
                                                                                              • (a) an election officer or a member of the staff of a returning officer;
                                                                                              • (b) a candidate or a nomination contestant;
                                                                                              • (c) an auditor appointed as required by this Act;
                                                                                              • (d) a person who is not an elector;
                                                                                              • (e) an undischarged bankrupt; and
                                                                                              • (f) a person who does not have full capacity to enter into contracts in the province in which the person ordinarily resides.

                                                                                              Marginal note: If partnership appointed as auditor

                                                                                              Marginal note: Consent

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

                                                                                              Marginal note: Replacement of financial agent

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

                                                                                              Marginal note: Only one financial agent

                                                                                              476.61 A nomination contestant shall have no more than one financial agent at a time.

                                                                                              Marginal note: Prohibition — financial agents

                                                                                              476.62 No person who is ineligible to be a financial agent of a nomination contestant shall act in that capacity.

                                                                                              Marginal note: Changes in reported information

                                                                                              476.63 (1) Within 30 days after a change in the information referred to in paragraph 476.1(1)(c) in respect of a nomination contestant, the nomination contestant shall report the change in writing to the Chief Electoral Officer.

                                                                                              Marginal note: New financial agent

                                                                                              Subdivision b Financial Administration of Nomination Contestants

                                                                                              Powers, Duties and Functions of Financial Agent

                                                                                              Marginal note: Duty of financial agent

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

                                                                                              Marginal note: Bank account

                                                                                              476.65 (1) A nomination contestant’s financial agent shall open, for the sole purpose of the contestant’s nomination 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

                                                                                              Marginal note: Payments and receipts

                                                                                              Marginal note: Closure of bank account

                                                                                              Marginal note: Final statement of bank account

                                                                                              Marginal note: Prohibition — accepting contributions, borrowing

                                                                                              476.66 (1) No person or entity, other than the financial agent of a nomination contestant, shall accept contributions to the contestant’s nomination campaign or borrow money on the contestant’s behalf under section 373.

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

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

                                                                                              Marginal note: Prohibition — accepting certain transfers of funds

                                                                                              Marginal note: Prohibition — paying nomination campaign expenses

                                                                                              Marginal note: Prohibition — incurring nomination campaign expenses

                                                                                              Marginal note: Prohibition — paying contestant’s personal expenses

                                                                                              Marginal note: Limits on expenses

                                                                                              476.67 The limit for nomination campaign expenses — other than personal expenses — that is allowed for a nomination contestant in an electoral district is the amount

                                                                                              • (a) that is 20% of the election expenses limit that was calculated under section 477.49 for that electoral district during the immediately preceding general election, if the boundaries for the electoral district have not changed since then; or
                                                                                              • (b) that the Chief Electoral Officer determines, in any other case.

                                                                                              Marginal note: Prohibition — expenses more than maximum

                                                                                              476.68 (1) No nomination contestant and no financial agent of a nomination contestant shall incur total nomination campaign expenses — other than personal expenses — in an amount that is more than the limit allowed for that electoral district under section 476.67.

                                                                                              Marginal note: Prohibition — collusion

                                                                                              • (a) circumvent, or attempt to circumvent, the limit referred to in section 476.67; or
                                                                                              • (b) act in collusion with another person or entity for that purpose.

                                                                                              Recovery of Claims for Debts

                                                                                              Marginal note: Claim for payment

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

                                                                                              Marginal note: Payment within three years

                                                                                              476.7 (1) If a claim for a nomination campaign expense is evidenced by an invoice or other document that has been sent under section 476.69, or if a claim for repayment of a loan is made to the nomination contestant under section 373, the claim shall be paid within three years after the selection date or, in the case referred to in subsection 476.75(16), the polling day.

                                                                                              Marginal note: Prohibition — payment without authorization

                                                                                              Marginal note: Unenforceable contracts

                                                                                              476.71 A contract in relation to a nomination campaign is not enforceable against the nomination contestant unless it was entered into by the contestant personally or by the contestant’s financial agent.

                                                                                              Marginal note: Irregular claims or payments — Chief Electoral Officer

                                                                                              476.72 (1) On the written application of a person who has a claim to be paid for a nomination campaign expense in relation to a nomination 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 476.7(1).

                                                                                              Marginal note: Conditions

                                                                                              Marginal note: Irregular claims or payments — judge

                                                                                              476.73 On the application of a person who has a claim to be paid for a nomination campaign expense in relation to a nomination contestant or to be paid for a loan made to the contestant under section 373, or on the application of the contestant’s financial agent or the contestant, a judge may, on being satisfied that there are reasonable grounds for so doing, by order authorize the contestant’s financial agent to pay the amount claimed if

                                                                                              • (a) the applicant establishes that an authorization under subsection 476.72(1) has been refused and that the payment has not been made within the three-year period referred to in subsection 476.7(1); or
                                                                                              • (b) the amount claimed has not been paid in accordance with an authorization obtained under subsection 476.72(1) and the applicant establishes their inability to comply with the authorization for reasons beyond their control.

                                                                                              The applicant shall notify the Chief Electoral Officer that the application has been made.

                                                                                              Marginal note: Proceedings to recover payment

                                                                                              476.74 A person who has sent an invoice or other document evidencing a claim under section 476.69, or has a claim for repayment of a loan made to a nomination contestant under section 373, may commence proceedings in a court of competent jurisdiction to recover any unpaid amount

                                                                                              • (a) at any time, if the nomination contestant or their financial agent refuses to pay that amount or disputes that it is payable; or
                                                                                              • (b) after the end of the three-year period referred to in subsection 476.7(1) or any extension of that period authorized under subsection 476.72(1) or section 476.73, in any other case.

                                                                                              The nomination contestant shall notify the Chief Electoral Officer that the proceedings have been commenced.

                                                                                              Nomination Campaign Return

                                                                                              Marginal note: Nomination campaign return

                                                                                              • 476.75 (1) A nomination contestant’s financial agent who has accepted contributions of $1,000 or more in total or incurred nomination campaign expenses of $1,000 or more in total shall provide the Chief Electoral Officer with the following in respect of a nomination contest:
                                                                                                • (a) a nomination campaign return, in the prescribed form, on the financing and nomination campaign expenses for the nomination campaign;
                                                                                                • (b) if the appointment of an auditor is required under subsection 476.77(1), the auditor’s report on the return made under section 476.8;
                                                                                                • (c) a declaration in the prescribed form by the financial agent that the return is complete and accurate; and
                                                                                                • (d) a declaration in the prescribed form by the nomination contestant that the return is complete and accurate.

                                                                                                Marginal note: Contents of return

                                                                                                • (a) a statement of nomination campaign expenses;
                                                                                                • (b) a statement of claims that are the subject of proceedings under section 476.74;
                                                                                                • (c) a statement of unpaid claims, including those resulting from loans made to the nomination contestant under section 373;
                                                                                                • (d) a statement of the terms and conditions of each loan made to the nomination contestant under section 373, including the amount of the loan, the interest rate, the lender’s name and address, the dates and amounts of repayments of principal and payments of interest, the unpaid principal remaining at the end of each calendar year and, if there is a guarantor, the guarantor’s name and address and the amount guaranteed;
                                                                                                • (e) the total amount of contributions received by the nomination contestant;
                                                                                                • (f) the number of contributors;
                                                                                                • (g) the name and address of each contributor who made contributions of a total amount of more than $200 to the nomination contestant, that total amount, as well as the amount of each of those contributions and the date on which the contestant received it;
                                                                                                • (h) a statement of the commercial value of goods or services provided and of funds transferred by the nomination contestant to a registered party, a registered association, or a candidate;
                                                                                                • (i) a statement of the commercial value of goods or services provided to the nomination contestant by a registered party or a registered association;
                                                                                                • (j) a statement of the commercial value of goods or services provided and of funds transferred to the nomination contestant from themselves in their capacity as a candidate; and
                                                                                                • (k) a statement of contributions received but returned in whole or in part to the contributors or otherwise dealt with in accordance with this Act.

                                                                                                Marginal note: Supporting documents

                                                                                                Marginal note: Additional supporting documents

                                                                                                Marginal note: Report

                                                                                                Marginal note: Publication

                                                                                                Marginal note: Period for providing documents

                                                                                                Marginal note: Declaration of nomination contestant

                                                                                                Marginal note: Death of nomination contestant

                                                                                                • (a) they are deemed to have sent the declaration in accordance with that subsection; and
                                                                                                • (b) the financial agent is deemed to have provided the declaration to the Chief Electoral Officer in accordance with subsection (1).

                                                                                                Marginal note: Payment of unpaid claims

                                                                                                Marginal note: First update

                                                                                                • (a) whether any part of the unpaid amount is disputed and, if so, what steps the parties have taken to resolve the dispute;
                                                                                                • (b) whether the claim is the subject of proceedings under section 476.74;
                                                                                                • (c) whether the unpaid amount of a loan is the subject of proceedings to secure its payment, or of a dispute as to the amount that was to be paid or the amount that remains unpaid;
                                                                                                • (d) whether the parties have agreed on a repayment schedule and, if so, whether repayments are being made according to the schedule;
                                                                                                • (e) whether the unpaid amount has been written off by the creditor as an uncollectable debt in accordance with the creditor’s normal accounting practices; and
                                                                                                • (f) any other relevant information that could help explain why the amount is unpaid.

                                                                                                Marginal note: Second update

                                                                                                Marginal note: Supporting documents

                                                                                                Marginal note: Additional supporting documents

                                                                                                Marginal note: Irregular claims and payments

                                                                                                Marginal note: Selection date

                                                                                                Marginal note: When contributions forwarded to Receiver General

                                                                                                476.76 If the name of the contributor of a contribution of more than $20 to a nomination contestant, or the name or address of a contributor who has made contributions of a total amount of more than $200 to a nomination contestant, is not known, the nomination contestant’s financial agent shall, without delay, pay an amount of money equal to the value of the contribution to the Chief Electoral Officer, who shall forward it to the Receiver General.

                                                                                                Marginal note: Appointment of auditor

                                                                                                476.77 (1) A nomination contestant who has accepted contributions of $10,000 or more in total or incurred nomination campaign expenses of $10,000 or more in total shall appoint an auditor without delay.

                                                                                                Marginal note: Auditor — eligibility

                                                                                                • (a) a person who is a member in good standing of a corporation, association or institute of professional accountants; or
                                                                                                • (b) a partnership in which every partner is a member in good standing of a corporation, association or institute of professional accountants.

                                                                                                Marginal note: Auditor — ineligibility

                                                                                                • (a) an election officer or a member of the staff of a returning officer;
                                                                                                • (b) a chief agent of a registered party or an eligible party, or a registered agent of a registered party;
                                                                                                • (c) a candidate or their official agent;
                                                                                                • (d) an electoral district agent of a registered association;
                                                                                                • (e) a leadership contestant or their leadership campaign agent;
                                                                                                • (f) a nomination contestant or their financial agent; and
                                                                                                • (g) a financial agent of a registered third party.

                                                                                                Marginal note: Notification of appointment

                                                                                                Marginal note: New auditor

                                                                                                Marginal note: Only one auditor

                                                                                                476.78 A nomination contestant shall have no more than one auditor at a time.

                                                                                                Marginal note: Prohibition — auditors

                                                                                                476.79 No person who is ineligible to be an auditor of a nomination contestant shall act in that capacity.

                                                                                                Marginal note: Auditor’s report

                                                                                                476.8 (1) A nomination contestant’s auditor appointed in accordance with subsection 476.77(1) shall, as soon as feasible after the selection date, report to the contestant’s financial agent on the nomination campaign return for that campaign 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.

                                                                                                Marginal note: Statement

                                                                                                • (a) the return does not present fairly the information contained in the financial records on which it is based;
                                                                                                • (b) the auditor has not received all of the information and explanations that the auditor required; or
                                                                                                • (c) based on the examination, it appears that the financial agent has not kept proper financial records.

                                                                                                Marginal note: Right of access

                                                                                                Marginal note: Ineligible to prepare report

                                                                                                Marginal note: Nomination contestants outside Canada

                                                                                                476.81 (1) Despite subsection 476.75(7), a nomination contestant who is outside Canada when the documents referred to in paragraphs 476.75(1)(a) to (c) are provided to the Chief Electoral Officer need not send their financial agent the declaration referred to in paragraph 476.75(1)(d) within the period referred to in subsection 476.75(7), but if the contestant does not send it to their financial agent within that period then the contestant shall provide the Chief Electoral Officer with the declaration no later than 14 days after the day on which the contestant returns to Canada.

                                                                                                Marginal note: Financial agent relieved of obligation

                                                                                                Marginal note: Statement of personal expenses

                                                                                                • 476.82 (1) A nomination contestant shall, within three months after the selection date, send their financial agent a written statement in the prescribed form that
                                                                                                  • (a) sets out the amount of any personal expenses that the contestant paid and details of those personal expenses, including documentation of their payment; or
                                                                                                  • (b) declares that the contestant did not pay for any personal expenses.

                                                                                                  Marginal note: Death of contestant

                                                                                                  Corrections, Revisions and Extended Reporting Periods

                                                                                                  Marginal note: Minor corrections — Chief Electoral Officer

                                                                                                  476.83 (1) The Chief Electoral Officer may correct a document referred to in subsection 476.75(1), (10), (11), (12) or (15) if the correction does not materially affect its substance.

                                                                                                  Marginal note: Corrections or revisions at request of Chief Electoral Officer

                                                                                                  Marginal note: Deadline for corrections or revisions

                                                                                                  Marginal note: Extensions — Chief Electoral Officer

                                                                                                  476.84 (1) The Chief Electoral Officer, on the written application of a nomination contestant or their financial agent, shall authorize the extension of a period referred to in subsection 476.75(7), (10), (11), (12) or (15), unless he or she is satisfied that the financial agent’s failure to provide the required documents was deliberate or was the result of the financial agent’s failure to exercise due diligence.

                                                                                                  Marginal note: Deadline

                                                                                                  Marginal note: Corrections or revisions — Chief Electoral Officer

                                                                                                  476.85 (1) The Chief Electoral Officer, on the written application of a nomination contestant or their financial agent, shall authorize the correction or revision of a document referred to in subsection 476.75(1), (10), (11), (12) or (15) if he or she is satisfied by the evidence submitted by the applicant that the correction or revision is necessary in order for the requirements of this Act to be complied with.

                                                                                                  Marginal note: Application made without delay

                                                                                                  Marginal note: Deadline for corrections or revisions

                                                                                                  Marginal note: New deadline

                                                                                                  Marginal note: Extension of new deadline

                                                                                                  Marginal note: Extensions, corrections or revisions — judge

                                                                                                  • 476.86 (1) A nomination contestant or their financial agent may apply to a judge for an order
                                                                                                    • (a) relieving the financial agent from the obligation to comply with a request referred to in subsection 476.83(2);
                                                                                                    • (b) authorizing an extension referred to in subsection 476.84(1); or
                                                                                                    • (c) authorizing a correction or revision referred to in subsection 476.85(1).

                                                                                                    The applicant shall notify the Chief Electoral Officer that the application has been made.

                                                                                                    Marginal note: Deadline

                                                                                                    • (a) under paragraph (1)(a), within the specified period referred to in subsection 476.83(2) or within the two weeks after the end of that period;
                                                                                                    • (b) under paragraph (1)(b), within two weeks after, as the case may be,
                                                                                                      • (i) if an application for an extension is not made to the Chief Electoral Officer within the period referred to in subsection 476.84(2), the end of the two-week period referred to in that subsection,
                                                                                                      • (ii) the rejection of an application for an extension made in accordance with section 476.84, or
                                                                                                      • (iii) the end of the extended period referred to in subsection 476.84(1); or

                                                                                                      Marginal note: Grounds — relief from compliance

                                                                                                      Marginal note: Grounds — extension

                                                                                                      Marginal note: Grounds — corrections or revisions

                                                                                                      Marginal note: Contents of order

                                                                                                      Marginal note: Appearance of financial agent before judge

                                                                                                      476.87 (1) A judge dealing with an application under section 476.86 or 476.88 who is satisfied that a nomination contestant or a financial agent has not provided the documents referred to in subsection 476.75(1), (10), (11), (12) or (15) in accordance with this Act because of 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.

                                                                                                      Marginal note: Show cause orders

                                                                                                      • (a) do anything that the judge considers appropriate in order to remedy the failure; or
                                                                                                      • (b) be examined concerning any information that pertains to the failure.

                                                                                                      Marginal note: Recourse of contestant for fault of financial agent

                                                                                                      476.88 A nomination contestant may apply to a judge 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

                                                                                                      • (a) it occurred without his or her knowledge or acquiescence; or
                                                                                                      • (b) he or she exercised all due diligence to avoid its occurrence.

                                                                                                      The contestant shall notify the Chief Electoral Officer that the application has been made.

                                                                                                      Marginal note: Destruction of documents — judge

                                                                                                      476.89 (1) A nomination contestant or their financial agent may apply to a judge for an order relieving the financial agent from the obligation to provide a document referred to in subsection 476.75(1), (10), (11), (12) or (15). The applicant shall notify the Chief Electoral Officer that the application has been made.

                                                                                                      Marginal note: Grounds

                                                                                                      Marginal note: Date of relief

                                                                                                      Marginal note: Prohibition — false, misleading or incomplete document

                                                                                                      476.9 No nomination contestant and no financial agent of a nomination contestant shall provide the Chief Electoral Officer with a document referred to in subsection 476.75(1), (10), (11), (12) or (15) that

                                                                                                      • (a) the contestant or the financial agent, as the case may be, knows or ought reasonably to know contains a material statement that is false or misleading; or
                                                                                                      • (b) in the case of a document referred to in subsection 476.75(1), does not substantially set out the information required under subsection 476.75(2) and, in the case of a document referred to in subsection 476.75(10), (11), (12) or (15), does not substantially set out the information required under that subsection.

                                                                                                      Surplus of Nomination Campaign Funds

                                                                                                      Marginal note: Surplus of nomination campaign funds

                                                                                                      476.91 The surplus amount of nomination campaign funds that a nomination contestant receives for a nomination contest is the amount by which the contributions accepted by the financial agent on behalf of the contestant and any other amounts received by the contestant for their nomination campaign that are not repayable are more than the contestant’s nomination campaign expenses paid under this Act and any transfers referred to in paragraph 364(5)(a).

                                                                                                      Marginal note: Notice of estimated surplus

                                                                                                      476.92 (1) If the Chief Electoral Officer estimates that a nomination contestant has a surplus of nomination campaign funds, the Chief Electoral Officer shall issue a notice of the estimated amount of the surplus to the contestant’s financial agent.

                                                                                                      Marginal note: Disposal of surplus funds

                                                                                                      Marginal note: Disposal without notice

                                                                                                      Marginal note: Method of disposal of surplus

                                                                                                      476.93 A nomination contestant’s financial agent shall dispose of surplus nomination campaign funds by transferring them to

                                                                                                      • (a) the official agent of the candidate endorsed by the registered party in the electoral district in which the nomination contest was held; or
                                                                                                      • (b) the registered association that held the nomination contest or the registered party for whose endorsement the contest was held.

                                                                                                      Marginal note: Notice of disposal of surplus

                                                                                                      476.94 (1) A nomination contestant’s financial agent shall, within seven days after disposing of the contestant’s surplus nomination campaign funds, give the Chief Electoral Officer a notice in the prescribed form of the amount and date of the disposal and to whom the surplus was transferred.

                                                                                                      Marginal note: Publication

                                                                                                      Division 5 Candidates

                                                                                                      Subdivision a Official Agent and Auditor

                                                                                                      Marginal note: Deeming

                                                                                                      477. For the purposes of Division 1 of this Part and this Division, except sections 477.89 to 477.95, a candidate is deemed to have been a candidate from the time they accept a provision of goods or services under section 364, accept a transfer of funds under that section, accept a contribution, borrow money under section 373 or incur an electoral campaign expense referred to in section 375.

                                                                                                      Marginal note: Duty to appoint official agent

                                                                                                      477.1 (1) A candidate shall appoint an official agent before accepting a provision of goods or services under section 364, accepting a transfer of funds under that section, accepting a contribution, borrowing money under section 373 or incurring an electoral campaign expense referred to in section 375.

                                                                                                      Marginal note: Appointment of auditor

                                                                                                      Marginal note: Official agent — ineligibility

                                                                                                      477.2 The following persons are ineligible to be an official agent:

                                                                                                      • (a) an election officer or a member of the staff of a returning officer;
                                                                                                      • (b) a candidate;
                                                                                                      • (c) an auditor appointed as required by this Act;
                                                                                                      • (d) a person who is not an elector;
                                                                                                      • (e) an undischarged bankrupt; and
                                                                                                      • (f) a person who does not have full capacity to enter into contracts in the province in which they ordinarily reside.

                                                                                                      Marginal note: Auditor — eligibility

                                                                                                      • 477.3 (1) Only the following are eligible to be an auditor for a candidate:
                                                                                                        • (a) a person who is a member in good standing of a corporation, association or institute of professional accountants; or
                                                                                                        • (b) a partnership of which every partner is a member in good standing of a corporation, association or institute of professional accountants.

                                                                                                        Marginal note: Auditor — ineligibility

                                                                                                        • (a) an election officer or a member of the staff of a returning officer;
                                                                                                        • (b) the candidate or any other candidate;
                                                                                                        • (c) the official agent of the candidate or any other candidate;
                                                                                                        • (d) the chief agent of a registered party or an eligible party;
                                                                                                        • (e) a registered agent of a registered party;
                                                                                                        • (f) an electoral district agent of a registered association;
                                                                                                        • (g) a leadership contestant and their leadership campaign agent;
                                                                                                        • (h) a nomination contestant and their financial agent; and
                                                                                                        • (i) a financial agent of a registered third party.

                                                                                                        Marginal note: If partnership appointed as auditor

                                                                                                        477.4 Subject to sections 477.2 and 477.3, a person may be appointed as official agent or auditor for a candidate even if the person is a member of a partnership that has been appointed in accordance with this Act as an auditor for

                                                                                                        • (a) a candidate in an electoral district other than the electoral district of the candidate for whom the appointment is being made; or
                                                                                                        • (b) a registered party.

                                                                                                        Marginal note: Consent

                                                                                                        477.41 A candidate shall obtain from the official agent or auditor, on appointment, their signed consent to act in that capacity.

                                                                                                        Marginal note: Replacement of official agent or auditor

                                                                                                        477.42 In the event of the death, incapacity, resignation or ineligibility of an official agent or an auditor, or the revocation of the appointment of one, the candidate shall without delay appoint a replacement.

                                                                                                        Marginal note: Only one official agent and auditor

                                                                                                        477.43 A candidate shall have no more than one official agent and one auditor at a time.

                                                                                                        Marginal note: Prohibition — official agents

                                                                                                        477.44 (1) No person who is ineligible to be an official agent of a candidate shall act in that capacity.

                                                                                                        Marginal note: Prohibition — auditor

                                                                                                        Subdivision b Financial Administration of Candidates

                                                                                                        Powers, Duties and Functions of Official Agent

                                                                                                        Marginal note: Duty of official agent

                                                                                                        477.45 A candidate’s official agent is responsible for administering the candidate’s financial transactions for their electoral campaign and for reporting on those transactions in accordance with this Act.

                                                                                                        Marginal note: Bank account

                                                                                                        477.46 (1) A candidate’s official agent 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.

                                                                                                        Marginal note: Account holder name

                                                                                                        Marginal note: Payments and receipts

                                                                                                        Marginal note: Closure of bank account

                                                                                                        Marginal note: Final statement of bank account

                                                                                                        Marginal note: Prohibition — accepting contributions, borrowing

                                                                                                        477.47 (1) No person or entity, other than the candidate’s official agent, shall accept contributions to a candidate’s electoral campaign or borrow money on the candidate’s behalf under section 373.

                                                                                                        Marginal note: Prohibition — issuing tax receipts

                                                                                                        Marginal note: Prohibition — accepting or providing goods, services or funds

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

                                                                                                        Marginal note: Prohibition — paying electoral expenses

                                                                                                        Marginal note: Prohibition — incurring electoral expenses

                                                                                                        Marginal note: Prohibition — paying candidate’s personal expenses

                                                                                                        Marginal note: Exception

                                                                                                        Expense Limit for Notices of Nomination Meetings

                                                                                                        Marginal note: Limit

                                                                                                        • 477.48 (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 shall not be more than 1% of the maximum election expenses
                                                                                                          • (a) that were allowed for a candidate in that electoral district during the immediately preceding general election, if the boundaries for the electoral district have not changed since then; or
                                                                                                          • (b) that the Chief Electoral Officer determines, in any other case.

                                                                                                          Marginal note: Prohibition on official agents, candidates and authorized persons

                                                                                                          Election Expenses Limit

                                                                                                          Marginal note: Maximum election expenses allowed

                                                                                                          477.49 (1) 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 477.5 and the inflation adjustment factor referred to in section 384 on the day on which the writ is issued.

                                                                                                          Marginal note: Election period longer than 37 days

                                                                                                          • (a) one thirty-seventh of the election expenses limit calculated under subsection (1), and
                                                                                                          • (b) the number of days in the election period minus 37.

                                                                                                          Marginal note: Base amount of candidate’s election expenses

                                                                                                          • 477.5 (1) The base amount of a candidate’s election expenses in an electoral district is the higher of
                                                                                                            • (a) the amount calculated, on the basis of the preliminary lists of electors for the electoral district, in accordance with subsections (3) to (6), and
                                                                                                            • (b) the amount calculated, on the basis of the revised lists of electors for the electoral district, in accordance with subsections (7) to (10).

                                                                                                            Marginal note: Death of candidate of registered party

                                                                                                            Marginal note: Calculation using preliminary lists of electors

                                                                                                            • (a) $2.1735 for each of the first 15,000 electors,
                                                                                                            • (b) $1.092 for each of the next 10,000 electors, and
                                                                                                            • (c) $0.546 for each of the remaining electors.

                                                                                                            Marginal note: Fewer electors than average — general election

                                                                                                            Marginal note: Fewer electors than average — by-election

                                                                                                            Marginal note: Districts with lower population density

                                                                                                            Marginal note: Calculation using revised list of electors

                                                                                                            • (a) $2.1735 for each of the first 15,000 electors,
                                                                                                            • (b) $1.092 for each of the next 10,000 electors, and
                                                                                                            • (c) $0.546 for each of the remaining electors.

                                                                                                            Marginal note: Fewer electors than average — general election

                                                                                                            Marginal note: Fewer electors than average — by-election

                                                                                                            Marginal note: Districts with lower population density

                                                                                                            Marginal note: Estimated expenses

                                                                                                            477.51 (1) On November 15 in each year, the Chief Electoral Officer shall calculate the election expenses limit referred to in section 477.49 for each electoral district, based on the lists of electors in the Register of Electors, as if an election were to be held on that date.

                                                                                                            Marginal note: Availability of estimates

                                                                                                            • (a) to any person on request; and
                                                                                                            • (b) to the member of the House of Commons who represents the electoral district and each registered party that endorsed a candidate in the electoral district in the last election.

                                                                                                            Marginal note: Maximum amount not guaranteed

                                                                                                            Marginal note: Exception

                                                                                                            Marginal note: Prohibition — expenses more than maximum

                                                                                                            477.52 (1) No candidate, official agent of a candidate or person who is authorized under paragraph 477.55(c) to enter into contracts shall incur total election expenses in an amount that is more than the election expenses limit calculated under section 477.49.

                                                                                                            Marginal note: Prohibition — collusion

                                                                                                            Recovery of Claims for Debts

                                                                                                            Marginal note: Claim for payment

                                                                                                            477.53 A person who has a claim to be paid for an electoral campaign expense shall send the invoice or other document evidencing the claim to the candidate’s official agent or, if there is no official agent, to the candidate.

                                                                                                            Marginal note: Payment within three years

                                                                                                            477.54 (1) If a claim for an electoral campaign expense is evidenced by an invoice or other document that has been sent under section 477.53, or if a claim for repayment of a loan is made to the candidate under section 373, the claim shall be paid within three years after polling day.

                                                                                                            Marginal note: Prohibition — payment without authorization

                                                                                                            Marginal note: Unenforceable contracts

                                                                                                            477.55 A contract in relation to an electoral campaign is not enforceable against the candidate unless it was entered into by

                                                                                                            • (a) the candidate personally;
                                                                                                            • (b) the candidate’s official agent; or
                                                                                                            • (c) a person whom the official agent may, in writing, have authorized to enter into the contract.

                                                                                                            Marginal note: Irregular claims or payments — Chief Electoral Officer

                                                                                                            477.56 (1) On the written application of a person who has a claim to be paid for an electoral campaign expense or to be paid for a loan made to the candidate under section 373, or on the written application of the candidate’s official agent or the candidate, the Chief Electoral Officer may, on being satisfied that there are reasonable grounds for so doing, in writing authorize the candidate’s official 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 477.54(1).

                                                                                                            Marginal note: Conditions

                                                                                                            Marginal note: Irregular claims or payments — judge

                                                                                                            477.57 On the application of a person who has a claim to be paid for a candidate’s electoral campaign expense or to be paid for a loan made to the candidate under section 373, or on the application of the candidate’s official agent or the candidate, a judge may, on being satisfied that there are reasonable grounds for so doing, by order authorize the candidate’s official agent to pay the amount claimed if

                                                                                                            • (a) the applicant establishes that an authorization under subsection 477.56(1) has been refused and that the payment has not been made within the three-year period referred to in subsection 477.54(1); or
                                                                                                            • (b) the amount claimed has not been paid in accordance with an authorization obtained under subsection 477.56(1) and the applicant establishes their inability to comply with the authorization for reasons beyond their control.

                                                                                                            The applicant shall notify the Chief Electoral Officer that the application has been made.

                                                                                                            Marginal note: Proceedings to recover payment

                                                                                                            477.58 A person who has sent an invoice or other document evidencing a claim under section 477.53, or has a claim for repayment of a loan made to a candidate under section 373, may commence proceedings in a court of competent jurisdiction to recover any unpaid amount

                                                                                                            • (a) at any time, if the candidate or their official agent refuses to pay that amount or disputes that it is payable; or
                                                                                                            • (b) after the end of the period mentioned in subsection 477.54(1) or any extension of that period authorized under subsection 477.56(1) or section 477.57, in any other case.

                                                                                                            The candidate shall notify the Chief Electoral Officer that the proceedings have been commenced.

                                                                                                            Electoral Campaign Return

                                                                                                            Marginal note: Electoral campaign return

                                                                                                            • 477.59 (1) A candidate’s official agent shall provide the Chief Electoral Officer with the following in respect of an election:
                                                                                                              • (a) an electoral campaign return, in the prescribed form, on the financing and expenses for the candidate’s electoral campaign;
                                                                                                              • (b) the auditor’s report on the return under section 477.62;
                                                                                                              • (c) a declaration in the prescribed form by the official agent that the return is complete and accurate; and
                                                                                                              • (d) a declaration in the prescribed form by the candidate that the return is complete and accurate.

                                                                                                              Marginal note: Contents of return

                                                                                                              • (a) a statement of election expenses, including a statement of election expenses incurred for voter contact calling services as defined in section 348.01, provided by a calling service provider as defined in that section, that indicates the name of that provider and the amount of those expenses;
                                                                                                              • (b) a statement of electoral campaign expenses, other than election expenses, including a statement of electoral campaign expenses incurred for voter contact calling services as defined in section 348.01, provided by a calling service provider as defined in that section, that indicates the name of that provider and the amount of those expenses;
                                                                                                              • (c) a statement of claims that are the subject of proceedings under section 477.58;
                                                                                                              • (d) a statement of unpaid claims, including those resulting from loans made to the candidate under section 373;
                                                                                                              • (e) a statement of the terms and conditions of each loan made to the candidate under section 373, including the amount of the loan, the interest rate, the lender’s name and address, the dates and amounts of repayments of principal and payments of interest, the unpaid principal remaining at the end of each calendar year and, if there is a guarantor, the guarantor’s name and address and the amount guaranteed;
                                                                                                              • (f) the total amount of contributions received by the candidate;
                                                                                                              • (g) the number of contributors;
                                                                                                              • (h) the name and address of each contributor who made contributions of a total amount of more than $200 to the candidate, that total amount, as well as the amount of each of those contributions and the date on which the candidate received it;
                                                                                                              • (i) a statement of the commercial value of goods or services provided and of funds transferred by the candidate to a registered party, to a registered association or to themselves in their capacity as a nomination contestant;
                                                                                                              • (j) a statement of the commercial value of goods or services provided and of funds transferred to the candidate from a registered party, a registered association or a nomination contestant; and
                                                                                                              • (k) a statement of contributions received but returned in whole or in part to the contributors or otherwise dealt with in accordance with this Act.

                                                                                                              Marginal note: Supporting documents

                                                                                                              Marginal note: Additional supporting documents

                                                                                                              Marginal note: Report

                                                                                                              Marginal note: Publication

                                                                                                              Marginal note: Period for providing documents

                                                                                                              Marginal note: Declaration of candidate

                                                                                                              Marginal note: Death of candidate

                                                                                                              • (a) they are deemed to have sent the declaration in accordance with that subsection;
                                                                                                              • (b) the official agent is deemed to have provided the declaration to the Chief Electoral Officer in accordance with subsection (1); and
                                                                                                              • (c) the Chief Electoral Officer is deemed to have received the declaration for the purposes of sections 477.73, 477.75 and 477.76.

                                                                                                              Marginal note: Payment of unpaid claims

                                                                                                              Marginal note: First update

                                                                                                              • (a) whether any part of the unpaid amount is disputed and, if so, what steps the parties have taken to resolve the dispute;
                                                                                                              • (b) whether the claim is the subject of proceedings under section 477.58;
                                                                                                              • (c) whether the unpaid amount of a loan is the subject of proceedings to secure its payment, or of a dispute as to the amount that was to be paid or the amount that remains unpaid;
                                                                                                              • (d) whether the parties have agreed on a repayment schedule and, if so, whether repayments are being made according to the schedule;
                                                                                                              • (e) whether the unpaid amount has been written off by the creditor as an uncollectable debt in accordance with the creditor’s normal accounting practices; and
                                                                                                              • (f) any other relevant information that could help explain why the amount is unpaid.

                                                                                                              Marginal note: Second update

                                                                                                              Marginal note: Supporting documents

                                                                                                              Marginal note: Additional supporting documents

                                                                                                              Marginal note: Irregular claims and payments

                                                                                                              Marginal note: Uncollectable debts

                                                                                                              477.6 (1) If the updated version of the statement of unpaid claims provided under subsection 477.59(11) or (12) indicates that an unpaid amount of a loan has been written off by the lender as an uncollectable debt in accordance with the lender’s normal accounting practices, and the candidate is the candidate of a registered party, then the Chief Electoral Officer shall without delay inform the lender, the registered party and, if the registered party has a registered association in the candidate’s electoral district, the registered association.

                                                                                                              Marginal note: Representations

                                                                                                              Marginal note: Chief Electoral Officer’s determination

                                                                                                              Marginal note: Registered association or party liable

                                                                                                              Marginal note: When contributions forwarded to Receiver General

                                                                                                              477.61 If the name of the contributor of a contribution of more than $20 to a candidate, or the name or the address of a contributor who has made contributions of a total amount of more than $200 to a candidate, is not known, the candidate’s official agent shall, without delay, pay an amount of money equal to the value of the contribution to the Chief Electoral Officer, who shall forward it to the Receiver General.

                                                                                                              Marginal note: Auditor’s report

                                                                                                              477.62 (1) As soon as feasible after polling day, a candidate’s auditor shall report to the candidate’s official agent on the electoral campaign return 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.

                                                                                                              Marginal note: Checklist

                                                                                                              Marginal note: Statement

                                                                                                              • (a) the return does not present fairly the information contained in the financial records on which it is based;
                                                                                                              • (b) the auditor has not received all the information and explanations that the auditor required; or
                                                                                                              • (c) based on the examination, it appears that the official agent has not kept proper financial records.

                                                                                                              Marginal note: Right of access

                                                                                                              Marginal note: Ineligible to prepare report

                                                                                                              Marginal note: Candidates outside Canada

                                                                                                              477.63 (1) Despite subsection 477.59(7), a candidate who is outside Canada when the documents referred to in paragraphs 477.59(1)(a) to (c) are provided to the Chief Electoral Officer need not send their official agent the declaration referred to in paragraph 477.59(1)(d) within the period referred to in subsection 477.59(7), but if the candidate does not send it to their official agent within that period then the candidate shall provide the Chief Electoral Officer with the declaration no later than 14 days after the day on which they return to Canada.

                                                                                                              Marginal note: Official agent relieved of obligation

                                                                                                              Marginal note: Statement of personal expenses

                                                                                                              • 477.64 (1) A candidate shall, within three months after polling day, send their official agent a written statement in the prescribed form that
                                                                                                                • (a) sets out the amount of any personal expenses that the candidate paid and details of those personal expenses, including documentation of their payment; or
                                                                                                                • (b) declares that the candidate did not pay for any personal expenses.

                                                                                                                Marginal note: Death of candidate

                                                                                                                Corrections, Revisions and Extended Reporting Periods

                                                                                                                Marginal note: Minor corrections — Chief Electoral Officer

                                                                                                                477.65 (1) The Chief Electoral Officer may correct a document referred to in subsection 477.59(1), (10), (11), (12) or (15) if the correction does not materially affect its substance.

                                                                                                                Marginal note: Corrections or revisions at request of Chief Electoral Officer

                                                                                                                Marginal note: Deadline for correction or revision

                                                                                                                Marginal note: Extensions — Chief Electoral Officer

                                                                                                                477.66 (1) The Chief Electoral Officer, on the written application of a candidate or their official agent, shall authorize the extension of a period referred to in subsection 477.59(7), (10), (11), (12) or (15), unless he or she is satisfied that the official agent’s failure to provide the required documents was deliberate or was the result of their failure to exercise due diligence.

                                                                                                                Marginal note: Deadline

                                                                                                                Marginal note: Corrections or revisions — Chief Electoral Officer

                                                                                                                477.67 (1) The Chief Electoral Officer, on the written application of a candidate or their official agent, shall authorize the correction or revision of a document referred to in subsection 477.59(1), (10), (11), (12) or (15) if he or she is satisfied by the evidence submitted by the applicant that the correction or revision is necessary in order for the requirements of this Act to be complied with.

                                                                                                                Marginal note: Application made without delay

                                                                                                                Marginal note: Deadline for correction or revision

                                                                                                                Marginal note: New deadline

                                                                                                                Marginal note: Extension of new deadline

                                                                                                                Marginal note: Extensions, corrections or revisions — judge

                                                                                                                • 477.68 (1) A candidate or their official agent may apply to a judge for an order
                                                                                                                  • (a) relieving the official agent from the obligation to comply with a request referred to in subsection 477.65(2);
                                                                                                                  • (b) authorizing an extension referred to in subsection 477.66(1); or
                                                                                                                  • (c) authorizing a correction or revision referred to in subsection 477.67(1).

                                                                                                                  The applicant shall notify the Chief Electoral Officer that the application has been made.

                                                                                                                  Marginal note: Deadline

                                                                                                                  • (a) under paragraph (1)(a), within the specified period referred to in subsection 477.65(2) or within the two weeks after the end of that period;
                                                                                                                  • (b) under paragraph (1)(b), within two weeks after, as the case may be,
                                                                                                                    • (i) if an application for an extension is not made to the Chief Electoral Officer within the period referred to in subsection 477.66(2), the end of the two-week period referred to in that subsection,
                                                                                                                    • (ii) the rejection of an application for an extension made in accordance with section 477.66, or
                                                                                                                    • (iii) the end of the extended period referred to in subsection 477.66(1); or

                                                                                                                    Marginal note: Grounds — relief from compliance

                                                                                                                    Marginal note: Grounds — extension

                                                                                                                    Marginal note: Grounds — corrections or revisions

                                                                                                                    Marginal note: Contents of order

                                                                                                                    Marginal note: Procedure

                                                                                                                    Marginal note: Appearance of official agent before judge

                                                                                                                    477.69 (1) A judge dealing with an application under section 477.68 or 477.7 who is satisfied that a candidate or an official agent has not provided the documents referred to in subsection 477.59(1), (10), (11), (12) or (15) in accordance with this Act because of a failure of the official agent or a predecessor of the official agent shall, by order served personally, require the official agent or that predecessor to appear before the judge.

                                                                                                                    Marginal note: Show cause orders

                                                                                                                    • (a) do anything that the judge considers appropriate in order to remedy the failure; or
                                                                                                                    • (b) be examined concerning any information that pertains to the failure.

                                                                                                                    Marginal note: Recourse of candidate for fault of official agent

                                                                                                                    477.7 A candidate may apply to a judge for an order that relieves the candidate from any liability or consequence under this or any other Act of Parliament in relation to an act or omission of the candidate’s official agent, if the candidate establishes that

                                                                                                                    • (a) it occurred without the candidate’s knowledge or acquiescence; or
                                                                                                                    • (b) the candidate exercised all due diligence to avoid its occurrence.

                                                                                                                    The candidate shall notify the Chief Electoral Officer that the application has been made.

                                                                                                                    Marginal note: Destruction of documents — judge

                                                                                                                    477.71 (1) A candidate or their official agent may apply to a judge for an order relieving the official agent from the obligation to provide a document referred to in subsection 477.59(1), (10), (11), (12) or (15). The applicant shall notify the Chief Electoral Officer that the application has been made.

                                                                                                                    Marginal note: Grounds

                                                                                                                    Marginal note: Date of relief

                                                                                                                    Marginal note: Prohibition — false, misleading or incomplete document

                                                                                                                    • 477.72 (1) No candidate and no official agent of a candidate shall provide the Chief Electoral Officer with a document referred to in subsection 477.59(1), (10), (11), (12) or (15) that
                                                                                                                      • (a) the candidate or the official agent, as the case may be, knows or ought reasonably to know contains a material statement that is false or misleading; or
                                                                                                                      • (b) in the case of a document referred to in subsection 477.59(1), does not substantially set out the information required under subsection 477.59(2) and, in the case of a document referred to in subsection 477.59(10), (11), (12) or (15), does not substantially set out the information required under that subsection.

                                                                                                                      Marginal note: Membership in House of Commons suspended

                                                                                                                      Marginal note: Membership in House of Commons suspended

                                                                                                                      • (a) the end of the two weeks referred to in paragraph 477.68(2)(a), if the candidate or their official agent does not apply to a judge for an order under paragraph 477.68(1)(a); or
                                                                                                                      • (b) if the candidate or their official agent applies to a judge for an order under paragraph 477.68(1)(a), the day on which the application is finally disposed of so as to deny it.

                                                                                                                      Marginal note: Speaker informed

                                                                                                                      Reimbursement of Election Expenses and Personal Expenses

                                                                                                                      Marginal note: Reimbursement — first instalment

                                                                                                                      • 477.73 (1) Without delay after receipt of a return of the writ for an electoral district, the Chief Electoral Officer shall provide the Receiver General with a certificate that sets out
                                                                                                                        • (a) the name of the elected candidate, if any;
                                                                                                                        • (b) the name of any candidate who received 10% or more of the number of valid votes cast; and
                                                                                                                        • (c) the amount that is 15% of the election expenses limit calculated under section 477.49.

                                                                                                                        Marginal note: Payment of partial reimbursement

                                                                                                                        Marginal note: Return of excess payment

                                                                                                                        • (a) the candidate’s personal expenses that the candidate has paid, and
                                                                                                                        • (b) the candidate’s election expenses, as set out in the candidate’s electoral campaign return.

                                                                                                                        Marginal note: Reimbursement — final instalment

                                                                                                                        • 477.74 (1) On receipt of the documents referred to in subsection 477.59(1), or a corrected or revised version of any of those documents, in respect of a candidate named in a certificate, the Chief Electoral Officer shall provide the Receiver General with a certificate that
                                                                                                                          • (a) states that the Chief Electoral Officer is satisfied that the candidate and their official agent have complied with the requirements of subsection 477.56(2) and sections 477.59 to 477.71;
                                                                                                                          • (b) states that the auditor’s report does not include a statement referred to in subsection 477.62(3);
                                                                                                                          • (c) states that the candidate has incurred more than 30% of the election expenses limit calculated under section 477.49; and
                                                                                                                          • (d) sets out the amount of the final instalment of the candidate’s election expenses and personal expenses reimbursement, calculated under subsection (2).

                                                                                                                          Marginal note: Calculation of reimbursement

                                                                                                                          • (a) 60% of the sum of the candidate’s paid election expenses and paid personal expenses, as set out in their electoral campaign return, less the partial reimbursement made under section 477.73, and
                                                                                                                          • (b) 60% of the election expenses limit calculated under section 477.49, less the partial reimbursement made under section 477.73.

                                                                                                                          Marginal note: Reduction of reimbursement

                                                                                                                          • (a) by one dollar for every dollar that exceeds the limit by less than 5%;
                                                                                                                          • (b) by two dollars for every dollar that exceeds the limit by 5% or more but by less than 10%;
                                                                                                                          • (c) by three dollars for every dollar that exceeds the limit by 10% or more but by less than 12.5%; and
                                                                                                                          • (d) by four dollars for every dollar that exceeds the limit by 12.5% or more.

                                                                                                                          Marginal note: Payment of final instalment

                                                                                                                          Marginal note: Reimbursement

                                                                                                                          Marginal note: Audit fee

                                                                                                                          477.75 On receipt of the documents referred to in subsection 477.59(1), including the auditor’s report, and a copy of the auditor’s invoice for the auditor’s report, the Chief Electoral Officer shall provide the Receiver General with a certificate that sets out the greater of

                                                                                                                          • (a) 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, and
                                                                                                                          • (b) $250.

                                                                                                                          Marginal note: Payment

                                                                                                                          477.76 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.

                                                                                                                          Marginal note: Return of deposit

                                                                                                                          • 477.77 (1) The Chief Electoral Officer shall provide the Receiver General with a certificate that lists the names of
                                                                                                                            • (a) each candidate, including one who has withdrawn under subsection 74(1), whose official agent the Chief Electoral Officer is satisfied has provided the documents under section 477.59 and returned any unused forms referred to in section 477.86, in accordance with subsection 477.88(2); and
                                                                                                                            • (b) any candidate who has died before the closing of all the polling stations.

                                                                                                                            Marginal note: Payment

                                                                                                                            Marginal note: No official agent acting at candidate’s death

                                                                                                                            Marginal note: Forfeit to Her Majesty

                                                                                                                            Marginal note: Death of candidate

                                                                                                                            477.78 If a candidate who was endorsed by a registered party dies within the period beginning at 2:00 p.m. on the fifth day before the closing day for nominations and ending on polling day,

                                                                                                                            • (a) they are deemed for the purpose of section 477.73 to receive 10% of the valid votes cast in the electoral district in which they were a candidate; and
                                                                                                                            • (b) in the certificate referred to in subsection 477.73(1) the Chief Electoral Officer shall set out, for the other candidates in that electoral district, the amount that is 22.5% of the election expenses limit calculated under section 477.49.

                                                                                                                            Marginal note: Withdrawal of writ

                                                                                                                            477.79 Division 1 of this Part and this Division apply to electoral campaign expenses of candidates in an electoral district in which a writ is withdrawn under subsection 59(1) or deemed to be withdrawn under subsection 31(3) of the Parliament of Canada Act , except that in such a case

                                                                                                                            • (a) the election is deemed to have been held on a polling day that is the day of publication of the notice of withdrawal in the Canada Gazette under subsection 59(2) or section 551; and
                                                                                                                            • (b) each candidate is deemed to have received 10% of the number of the votes that would have been validly cast at that deemed election.

                                                                                                                            Surplus of Electoral Funds

                                                                                                                            Marginal note: Surplus of electoral funds

                                                                                                                            477.8 (1) The surplus amount of electoral funds that a candidate receives for an election is the amount by which the candidate’s electoral revenues referred to in subsection (3) are more than the total of the candidate’s electoral campaign expenses paid by their official agent and the transfers referred to in subsection (4).

                                                                                                                            Marginal note: Transfer or sale of capital assets

                                                                                                                            Marginal note: Electoral revenues

                                                                                                                            • (a) a monetary contribution made to the candidate;
                                                                                                                            • (b) an election expense or personal expense for which the candidate was reimbursed under this Act;
                                                                                                                            • (c) the candidate’s nomination deposit for which they were reimbursed;
                                                                                                                            • (d) the resale value of the capital assets referred to in subsection (2); and
                                                                                                                            • (e) any other amount that was received by the candidate for their electoral campaign and that is not repayable.

                                                                                                                            Marginal note: Transfers

                                                                                                                            • (a) any funds that the candidate transfers, during the election period, to a registered party or a registered association;
                                                                                                                            • (b) any amount of a reimbursement referred to in paragraphs (3)(b) and (c) that the candidate transfers to that registered party; and
                                                                                                                            • (c) any funds transferred by the candidate under paragraph 364(3)(d).

                                                                                                                            Marginal note: Notice of estimated surplus

                                                                                                                            477.81 (1) If the Chief Electoral Officer estimates that a candidate has a surplus of electoral funds, the Chief Electoral Officer shall issue a notice of the estimated amount of the surplus to the candidate’s official agent.

                                                                                                                            Marginal note: Disposal of surplus funds

                                                                                                                            Marginal note: Disposal without notice

                                                                                                                            • (a) the later of
                                                                                                                              • (i) the day on which they receive the final instalment of the reimbursement of the candidate’s election expenses and personal expenses, and
                                                                                                                              • (ii) the day on which they receive the reimbursement of the candidate’s nomination deposit; or

                                                                                                                              Marginal note: Method of disposal of surplus

                                                                                                                              477.82 A candidate’s official agent shall dispose of surplus electoral funds by transferring them

                                                                                                                              • (a) in the case of a candidate who was endorsed by a registered party, to that party or to the registered association of that party in the candidate’s electoral district; or
                                                                                                                              • (b) in any other case, to the Receiver General.

                                                                                                                              Marginal note: Notice of disposal of surplus

                                                                                                                              477.83 (1) A candidate’s official agent shall, within seven days after disposing of a candidate’s surplus electoral funds, give the Chief Electoral Officer a notice in the prescribed form of the amount and date of the disposal and to whom the surplus was transferred.

                                                                                                                              Marginal note: Publication

                                                                                                                              Marginal note: Requisition for repayment

                                                                                                                              477.84 (1) An official agent who has disposed of a candidate’s surplus electoral funds under paragraph 477.82(b) and must subsequently pay an electoral campaign expense of the candidate may apply to the Chief Electoral Officer for repayment in an amount that is not more than the lesser of the amount of the subsequent payment and the amount of the surplus electoral funds.

                                                                                                                              Marginal note: Repayment

                                                                                                                              Marginal note: Prohibition — transfer of contributions

                                                                                                                              477.85 No registered agent of a registered party, no financial agent of a registered association and no financial agent of a nomination contestant shall transfer funds to a candidate after polling day except to pay claims related to the candidate’s electoral campaign.

                                                                                                                              Supply and Use of Forms

                                                                                                                              Marginal note: Prescribed forms — Income Tax Act

                                                                                                                              477.86 A candidate and their official agent shall use the prescribed forms for official receipts to contributors for the purpose of subsection 127(3) of the Income Tax Act .

                                                                                                                              Marginal note: Provision of forms to returning officers

                                                                                                                              477.87 The Chief Electoral Officer shall provide each returning officer with copies of prescribed forms.

                                                                                                                              Marginal note: Provision of forms to candidates

                                                                                                                              477.88 (1) A returning officer shall provide each candidate in their electoral district with a reasonable number of copies of each prescribed form requested by the candidate or by their official agent.

                                                                                                                              Marginal note: Return of unused forms

                                                                                                                              Marginal note: Designated forms

                                                                                                                              Subdivision c Gifts and Other Advantages

                                                                                                                              477.89 For the purposes of sections 477.9 to 477.95, a candidate is deemed to have become a candidate on the earlier of

                                                                                                                              • (a) the day on which they are selected at a nomination contest, and
                                                                                                                              • (b) the day on which the writ is issued for the election.

                                                                                                                              Marginal note: Prohibition

                                                                                                                              • 477.9 (1) No candidate shall accept any gift or other advantage that might reasonably be seen to have been given to influence them in the performance of their duties and functions as a member of the House of Commons if the candidate were to be elected, during the period that
                                                                                                                                • (a) begins on the day on which they are deemed to have become a candidate; and
                                                                                                                                • (b) ends on
                                                                                                                                  • (i) the day on which they withdraw, if they withdraw in accordance with subsection 74(1),
                                                                                                                                  • (ii) the day on which they become a member of the House of Commons, if they are elected, or
                                                                                                                                  • (iii) polling day, in any other case.

                                                                                                                                  Marginal note: Exception

                                                                                                                                  Marginal note: Statement of candidate

                                                                                                                                  • (a) the nature of each gift or other advantage, its commercial value and the cost, if any, to the candidate;
                                                                                                                                  • (b) the name and address of the person or entity giving the gift or other advantage; and
                                                                                                                                  • (c) the circumstances under which the gift or other advantage was given.

                                                                                                                                  Marginal note: Clarification

                                                                                                                                  Marginal note: Period for providing statement

                                                                                                                                  • (a) polling day; or
                                                                                                                                  • (b) the day on which a notice of the withdrawal or deemed withdrawal of the writ for the election is published in the Canada Gazette under subsection 59(2) or section 551.

                                                                                                                                  Marginal note: Definitions

                                                                                                                                  • (a) an amount of money if there is no obligation to repay it; and
                                                                                                                                  • (b) a service or property, or the use of property or money, that is provided without charge or at less than its commercial value.

                                                                                                                                  It does not include a contribution made by an eligible individual under Division 1 of this Part to the official agent of a candidate that does not exceed the limits set out in that Division, or a provision of goods or services or a transfer of funds under section 364.

                                                                                                                                  , in respect of a candidate, means a person related to the candidate by marriage, common-law partnership, birth, adoption or affinity.

                                                                                                                                  Marginal note: Extensions — Chief Electoral Officer

                                                                                                                                  477.91 (1) The Chief Electoral Officer, on the written application of a candidate, shall authorize the extension of the period referred to in subsection 477.9(5), unless he or she is satisfied that the candidate’s failure to make the statement was deliberate or was the result of the candidate’s failure to exercise due diligence.

                                                                                                                                  Marginal note: Deadline

                                                                                                                                  Marginal note: Corrections or revisions — Chief Electoral Officer

                                                                                                                                  477.92 (1) The Chief Electoral Officer, on the written application of a candidate, shall authorize the correction or revision of the statement if he or she is satisfied by the evidence submitted by the candidate that the correction or revision is necessary in order for the requirements of this subdivision to be complied with.

                                                                                                                                  Marginal note: Application made without delay

                                                                                                                                  Marginal note: Deadline for corrections or revisions

                                                                                                                                  Marginal note: New deadline

                                                                                                                                  Marginal note: Extension of new deadline

                                                                                                                                  Marginal note: Extensions, corrections or revisions — judge

                                                                                                                                  • 477.93 (1) A candidate may apply to a judge for an order
                                                                                                                                    • (a) authorizing an extension referred to in subsection 477.91(1); or
                                                                                                                                    • (b) authorizing a correction or revision referred to in subsection 477.92(1).

                                                                                                                                    The candidate shall notify the Chief Electoral Officer that the application has been made.

                                                                                                                                    Marginal note: Deadline

                                                                                                                                    • (a) under paragraph (1)(a), within two weeks after, as the case may be,
                                                                                                                                      • (i) if an application for an extension is not made to the Chief Electoral Officer within the period referred to in subsection 477.91(2), the end of the two-week period referred to in that subsection,
                                                                                                                                      • (ii) the rejection of an application for an extension made in accordance with section 477.91, or
                                                                                                                                      • (iii) the end of the extended period referred to in subsection 477.91(1); or

                                                                                                                                      Marginal note: Grounds — extension

                                                                                                                                      Marginal note: Grounds — corrections or revisions

                                                                                                                                      Marginal note: Contents of order

                                                                                                                                      Marginal note: Chief Electoral Officer to retain statements

                                                                                                                                      477.94 (1) The Chief Electoral Officer shall retain in its possession the statements referred to in subsection 477.9(3) for at least one year after the return of the writ for the election.

                                                                                                                                      Marginal note: Information to be kept confidential

                                                                                                                                      Marginal note: Exception

                                                                                                                                      Marginal note: Prohibition — false, misleading or incomplete statement

                                                                                                                                      477.95 No candidate shall provide the Chief Electoral Officer with a statement referred to in subsection 477.9(3) that

                                                                                                                                      • (a) the candidate knows or ought reasonably to know contains a material statement that is false or misleading; or
                                                                                                                                      • (b) does not substantially set out the information required under that subsection.

                                                                                                                                      Division 6 Leadership Contestants

                                                                                                                                      Interpretation

                                                                                                                                      478. In this Division, means the expenses of a personal nature that are reasonably incurred by or on behalf of a leadership contestant in relation to their leadership campaign and includes

                                                                                                                                      • (a) travel and living expenses;
                                                                                                                                      • (b) childcare expenses;
                                                                                                                                      • (c) expenses relating to the provision of care for a person with a physical or mental incapacity for whom the contestant normally provides such care; and
                                                                                                                                      • (d) in the case of a contestant who has a disability, additional expenses that are related to the disability.

                                                                                                                                      Subdivision a Registration of Leadership Contestants

                                                                                                                                      Marginal note: Notice of leadership contest

                                                                                                                                      478.1 (1) If a registered party proposes to hold a leadership contest, the party’s chief agent shall file with the Chief Electoral Officer a statement setting out the dates on which the leadership contest is to begin and end.

                                                                                                                                      Marginal note: Variation and cancellation

                                                                                                                                      Marginal note: Publication

                                                                                                                                      Marginal note: Duty to register

                                                                                                                                      478.2 (1) Every person who accepts contributions for, or incurs leadership campaign expenses in relation to, their campaign for the leadership of a registered party shall apply to the Chief Electoral Officer for registration as a leadership contestant.

                                                                                                                                      Marginal note: Deeming

                                                                                                                                      Marginal note: Contents of application

                                                                                                                                      • 478.3 (1) An application for registration as a leadership contestant shall include the following:
                                                                                                                                        • (a) the name of the leadership contestant;
                                                                                                                                        • (b) the address of the place where the records of the leadership contestant are maintained and to which communications may be addressed;
                                                                                                                                        • (c) the name and address of the leadership contestant’s auditor; and
                                                                                                                                        • (d) the name and address of the leadership contestant’s financial agent.

                                                                                                                                        Marginal note: Accompanying documents

                                                                                                                                        • (a) the signed consent of the financial agent to act in that capacity;
                                                                                                                                        • (b) the signed consent of the auditor to act in that capacity;
                                                                                                                                        • (c) a declaration signed by the chief agent of the registered party holding the leadership contest certifying that the party accepts the applicant as a leadership contestant; and
                                                                                                                                        • (d) a statement containing the information referred to in paragraphs 478.8(2)(d) to (g) with respect to contributions received and loans incurred before the first day of the leadership contest.

                                                                                                                                        Marginal note: Examination of application

                                                                                                                                        Marginal note: Registry

                                                                                                                                        478.4 The Chief Electoral Officer shall maintain a registry of leadership contestants that contains the information referred to in subsection 478.3(1).

                                                                                                                                        Marginal note: Appointments

                                                                                                                                        478.5 (1) A leadership contestant may appoint leadership campaign agents authorized to accept contributions and to incur and pay leadership campaign expenses for the contestant. The appointment is subject to any terms and conditions that it specifies.

                                                                                                                                        Marginal note: Report of appointment

                                                                                                                                        Marginal note: Agents — ineligibility

                                                                                                                                        478.6 The following persons are ineligible to be the financial agent or a leadership campaign agent of a leadership contestant:

                                                                                                                                        • (a) an election officer or a member of the staff of a returning officer;
                                                                                                                                        • (b) a leadership contestant;
                                                                                                                                        • (c) an auditor appointed as required by this Act;
                                                                                                                                        • (d) a person who is not an elector;
                                                                                                                                        • (e) an undischarged bankrupt; and
                                                                                                                                        • (f) a person who does not have full capacity to enter into contracts in the province in which the person ordinarily resides.

                                                                                                                                        Marginal note: Auditor — eligibility

                                                                                                                                        • 478.61 (1) Only the following are eligible to be an auditor for a leadership contestant:
                                                                                                                                          • (a) a person who is a member in good standing of a corporation, association or institute of professional accountants; or
                                                                                                                                          • (b) a partnership of which every partner is a member in good standing of a corporation, association or institute of professional accountants.

                                                                                                                                          Marginal note: Auditor — ineligibility

                                                                                                                                          • (a) an election officer or a member of the staff of a returning officer;
                                                                                                                                          • (b) the chief agent of a registered party or an eligible party, or a registered agent of a registered party;
                                                                                                                                          • (c) a candidate or their official agent;
                                                                                                                                          • (d) an electoral district agent of a registered association;
                                                                                                                                          • (e) a leadership contestant or their leadership campaign agent;
                                                                                                                                          • (f) a nomination contestant or their financial agent; and
                                                                                                                                          • (g) a financial agent of a registered third party.

                                                                                                                                          Marginal note: If partnership appointed as auditor

                                                                                                                                          Marginal note: Consent

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

                                                                                                                                          Marginal note: Replacement of financial agent or auditor

                                                                                                                                          478.63 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.

                                                                                                                                          Marginal note: Only one financial agent and auditor

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

                                                                                                                                          Marginal note: Prohibition — agents

                                                                                                                                          478.65 (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

                                                                                                                                          Marginal note: Changes in registered information

                                                                                                                                          478.66 (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

                                                                                                                                          Marginal note: Registration of change

                                                                                                                                          Marginal note: Withdrawal of leadership contestant

                                                                                                                                          478.67 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.

                                                                                                                                          Marginal note: Notice of withdrawal of acceptance

                                                                                                                                          478.68 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.

                                                                                                                                          Marginal note: Relieved of obligations

                                                                                                                                          478.69 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.

                                                                                                                                          Marginal note: Notification of registered party

                                                                                                                                          478.7 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.

                                                                                                                                          Subdivision b Financial Administration of Leadership Contestants

                                                                                                                                          Powers, Duties and Functions of Financial Agent

                                                                                                                                          Marginal note: Duty of financial agent

                                                                                                                                          478.71 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.

                                                                                                                                          Marginal note: Bank account

                                                                                                                                          478.72 (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

                                                                                                                                          Marginal note: Payments and receipts

                                                                                                                                          Marginal note: Closure of bank account

                                                                                                                                          Marginal note: Final statement of bank account

                                                                                                                                          Marginal note: Prohibition — accepting contributions, borrowing

                                                                                                                                          478.73 (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

                                                                                                                                          • (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

                                                                                                                                          Marginal note: Prohibition — paying leadership campaign expenses

                                                                                                                                          Marginal note: Prohibition — incurring leadership campaign expenses

                                                                                                                                          Marginal note: Prohibition — paying contestant’s personal expenses

                                                                                                                                          Recovery of Claims for Debts

                                                                                                                                          Marginal note: Claim for payment

                                                                                                                                          478.74 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.

                                                                                                                                          Marginal note: Payment within three years

                                                                                                                                          478.75 (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

                                                                                                                                          Marginal note: Unenforceable contracts

                                                                                                                                          478.76 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.

                                                                                                                                          Marginal note: Irregular claims or payments — Chief Electoral Officer

                                                                                                                                          478.77 (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

                                                                                                                                          Marginal note: Irregular claims or payments — judge

                                                                                                                                          478.78 On the 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 application of the contestant’s financial agent or the contestant, a judge may, on being satisfied that there are reasonable grounds for so doing, by order authorize the contestant’s financial agent to pay the amount claimed if

                                                                                                                                          • (a) the applicant establishes that an authorization under subsection 478.77(1) has been refused and that the payment has not been made within the three-year period referred to in subsection 478.75(1); or
                                                                                                                                          • (b) the amount claimed has not been paid in accordance with an authorization obtained under subsection 478.77(1) and the applicant establishes their inability to comply with the authorization for reasons beyond their control.

                                                                                                                                          The applicant shall notify the Chief Electoral Officer that the application has been made.

                                                                                                                                          Marginal note: Proceedings to recover payment

                                                                                                                                          478.79 A person who has sent an invoice or other document evidencing a claim under section 478.74, or has a claim for repayment of a loan made to a leadership contestant under section 373, may commence proceedings in a court of competent jurisdiction to recover any unpaid amount

                                                                                                                                          • (a) at any time, if the leadership contestant or their financial agent refuses to pay that amount or disputes that it is payable; and
                                                                                                                                          • (b) after the end of the three-year period referred to in subsection 478.75(1) or any extension of that period authorized under subsection 478.77(1) or section 478.78, in any other case.

                                                                                                                                          The leadership contestant shall notify the Chief Electoral Officer that the proceedings have been commenced.

                                                                                                                                          Leadership Campaign Return

                                                                                                                                          Marginal note: Leadership campaign return

                                                                                                                                          • 478.8 (1) A leadership contestant’s financial agent shall provide the Chief Electoral Officer with the following in respect of a leadership contest:
                                                                                                                                            • (a) a leadership campaign return, in the prescribed form, on the financing and leadership campaign expenses for the leadership campaign;
                                                                                                                                            • (b) the auditor’s report on the return, if one is required under subsection 478.83(1);
                                                                                                                                            • (c) a declaration in the prescribed form by the financial agent that the return is complete and accurate; and
                                                                                                                                            • (d) a declaration in the prescribed form by the leadership contestant that the return is complete and accurate.

                                                                                                                                            Marginal note: Contents of return

                                                                                                                                            • (a) a statement of leadership campaign expenses;
                                                                                                                                            • (b) a statement of claims that are the subject of proceedings under section 478.79;
                                                                                                                                            • (c) a statement of unpaid claims, including those resulting from loans made to the leadership contestant under section 373;
                                                                                                                                            • (d) a statement of the terms and conditions of each loan made to the leadership contestant under section 373, including the amount of the loan, the interest rate, the lender’s name and address, the dates and amounts of repayments of principal and payments of interest, the unpaid principal remaining at the end of each calendar year and, if there is a guarantor, the guarantor’s name and address and the amount guaranteed;
                                                                                                                                            • (e) the total amount of contributions received by the leadership contestant;
                                                                                                                                            • (f) the number of contributors;
                                                                                                                                            • (g) the name and address of each contributor who made contributions of a total amount of more than $200 to the leadership contestant, that total amount, as well as the amount of each of those contributions and the date on which the contestant received it;
                                                                                                                                            • (h) the name and address of each contributor who made a contribution that includes a directed contribution as defined in subsection 365(2) out of which an amount has been transferred by the party to the contestant, the amount of the contribution, the amount of the directed contribution and the amount transferred, as well as the dates of the receipt of the contribution and of the transfer;
                                                                                                                                            • (i) a statement of the commercial value of goods or services provided and of funds transferred by the leadership contestant to a registered party or a registered association;
                                                                                                                                            • (j) a statement of the commercial value of goods or services provided and of funds transferred to the leadership contestant by a registered party or a registered association; and
                                                                                                                                            • (k) a statement of contributions received but returned in whole or in part to the contributors or otherwise dealt with in accordance with this Act.

                                                                                                                                            Marginal note: Supporting documents

                                                                                                                                            Marginal note: Additional supporting documents

                                                                                                                                            Marginal note: Report

                                                                                                                                            Marginal note: Publication

                                                                                                                                            Marginal note: Period for providing documents

                                                                                                                                            Marginal note: Declaration of leadership contestant

                                                                                                                                            Marginal note: Death of leadership contestant

                                                                                                                                            • (a) they are deemed to have sent the declaration in accordance with that subsection; and
                                                                                                                                            • (b) the financial agent is deemed to have provided the declaration to the Chief Electoral Officer in accordance with subsection (1).

                                                                                                                                            Marginal note: Payment of unpaid claims

                                                                                                                                            Marginal note: First update

                                                                                                                                            • (a) whether any part of the unpaid amount is disputed and, if so, what steps the parties have taken to resolve the dispute;
                                                                                                                                            • (b) whether the claim is the subject of proceedings under section 478.79;
                                                                                                                                            • (c) whether the unpaid amount of a loan is the subject of proceedings to secure its payment, or of a dispute as to the amount that was to be paid or the amount that remains unpaid;
                                                                                                                                            • (d) whether the parties have agreed on a repayment schedule and, if so, whether repayments are being made according to the schedule;
                                                                                                                                            • (e) whether the unpaid amount has been written off by the creditor as an uncollectable debt in accordance with the creditor’s normal accounting practices; and
                                                                                                                                            • (f) any other relevant information that could help explain why the amount is unpaid.

                                                                                                                                            Marginal note: Second update

                                                                                                                                            Marginal note: Supporting documents

                                                                                                                                            Marginal note: Additional supporting documents

                                                                                                                                            Marginal note: Irregular claims and payments

                                                                                                                                            Marginal note: Return on contributions

                                                                                                                                            478.81 (1) A leadership contestant’s financial agent shall, for the period beginning on the first day of the leadership contest and ending on the day that is four weeks before the end of the leadership contest, provide the Chief Electoral Officer with a return that includes the information required under paragraphs 478.8(2)(d) to (k) if the leadership contestant has, during that period, accepted contributions of more than $10,000 in total or incurred leadership campaign expenses of more than $10,000 in total. The financial agent shall provide the return within one week after the end of that period.

                                                                                                                                            Marginal note: Second return

                                                                                                                                            Marginal note: Return on contributions

                                                                                                                                            Marginal note: When contributions forwarded to Receiver General

                                                                                                                                            478.82 If the name of the contributor of a contribution of more than $20 to a leadership contestant, or the name or address of a contributor who has made contributions of a total amount of more than $200 to a leadership contestant, is not known, the leadership contestant’s financial agent shall, without delay, pay an amount of money equal to the value of the contribution to the Chief Electoral Officer, who shall forward it to the Receiver General.

                                                                                                                                            Marginal note: Auditor’s report

                                                                                                                                            478.83 (1) As soon as feasible after the end of a leadership contest, the auditor of a leadership contestant who has accepted contributions of $5,000 or more in total or incurred leadership campaign expenses of $5,000 or more in total shall report to the contestant’s financial agent on the leadership campaign return for that contest 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.

                                                                                                                                            Marginal note: Statement

                                                                                                                                            • (a) the return does not present fairly the information contained in the financial records on which it is based;
                                                                                                                                            • (b) the auditor has not received all the information and explanations that the auditor required; or
                                                                                                                                            • (c) based on the examination, it appears that the financial agent has not kept proper financial records.

                                                                                                                                            Marginal note: Right of access

                                                                                                                                            Marginal note: Ineligible to prepare report

                                                                                                                                            Marginal note: Leadership contestants outside Canada

                                                                                                                                            478.84 (1) Despite subsection 478.8(7), a leadership contestant who is outside Canada when the documents referred to in paragraphs 478.8(1)(a) to (c) are provided to the Chief Electoral Officer need not send their financial agent the declaration referred to in paragraph 478.8(1)(d) within the period referred to in subsection 478.8(7), but if the contestant does not send it to their financial agent within that period then the contestant shall provide the Chief Electoral Officer with the declaration no later than 14 days after the day on which the contestant returns to Canada.

                                                                                                                                            Marginal note: Financial agent relieved of obligation

                                                                                                                                            Marginal note: Statement of personal expenses

                                                                                                                                            • 478.85 (1) A leadership contestant shall, within five months after the end of the leadership contest, send their financial agent a written statement in the prescribed form that
                                                                                                                                              • (a) sets out the amount of any personal expenses that the contestant paid and details of those personal expenses, including documentation of their payment; or
                                                                                                                                              • (b) declares that the contestant did not pay for any personal expenses.

                                                                                                                                              Marginal note: Death of contestant

                                                                                                                                              Corrections, Revisions and Extended Reporting Periods

                                                                                                                                              Marginal note: Minor corrections — Chief Electoral Officer

                                                                                                                                              478.86 (1) The Chief Electoral Officer may correct a document referred to in subsection 478.8(1), (10), (11), (12) or (15) if the correction does not materially affect its substance.

                                                                                                                                              Marginal note: Corrections or revisions at request of Chief Electoral Officer

                                                                                                                                              Marginal note: Deadline for correction or revision

                                                                                                                                              Marginal note: Extensions — Chief Electoral Officer

                                                                                                                                              478.87 (1) The Chief Electoral Officer, on the written application of a leadership contestant or their financial agent, shall authorize the extension of a period referred to in subsection 478.8(7), (10), (11), (12) or (15), unless he or she is satisfied that the financial agent’s failure to provide the required documents was deliberate or was the result of the financial agent’s failure to exercise due diligence.

                                                                                                                                              Marginal note: Deadline

                                                                                                                                              Marginal note: Corrections or revisions — Chief Electoral Officer

                                                                                                                                              478.88 (1) The Chief Electoral Officer, on the written application of a leadership contestant or their financial agent, shall authorize the correction or revision of a document referred to in subsection 478.8(1), (10), (11), (12) or (15) if he or she is satisfied by the evidence submitted by the applicant that the correction or revision is necessary in order for the requirements of this Act to be complied with.

                                                                                                                                              Marginal note: Application made without delay

                                                                                                                                              Marginal note: Deadline for correction or revision

                                                                                                                                              Marginal note: New deadline

                                                                                                                                              Marginal note: Extension of new deadline

                                                                                                                                              Marginal note: Extensions, corrections or revisions — judge

                                                                                                                                              • 478.89 (1) A leadership contestant or their financial agent may apply to a judge for an order
                                                                                                                                                • (a) relieving the financial agent from the obligation to comply with a request referred to in subsection 478.86(2);
                                                                                                                                                • (b) authorizing an extension referred to in subsection 478.87(1); or
                                                                                                                                                • (c) authorizing a correction or revision referred to in subsection 478.88(1).

                                                                                                                                                The applicant shall notify the Chief Electoral Officer that the application has been made.

                                                                                                                                                Marginal note: Deadline

                                                                                                                                                • (a) under paragraph (1)(a), within the specified period referred to in subsection 478.86(2) or within the two weeks after the end of that period;
                                                                                                                                                • (b) under paragraph (1)(b), within two weeks after, as the case may be,
                                                                                                                                                  • (i) if an application for an extension is not made to the Chief Electoral Officer within the period referred to in subsection 478.87(2), the end of the two-week period referred to in that subsection,
                                                                                                                                                  • (ii) the rejection of an application for an extension made in accordance with section 478.87, or
                                                                                                                                                  • (iii) the end of the extended period referred to in subsection 478.87(1); or

                                                                                                                                                  Marginal note: Grounds — relief from compliance

                                                                                                                                                  Marginal note: Grounds — extension

                                                                                                                                                  Marginal note: Grounds — corrections or revisions

                                                                                                                                                  Marginal note: Contents of order

                                                                                                                                                  Marginal note: Appearance of financial agent before judge

                                                                                                                                                  478.9 (1) A judge dealing with an application under section 478.89 or 478.91 who is satisfied that a leadership contestant or a financial agent has not provided the documents referred to in subsection 478.8(1), (10), (11), (12) or (15) in accordance with this Act because of 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.

                                                                                                                                                  Marginal note: Show cause orders

                                                                                                                                                  • (a) do anything that the judge considers appropriate in order to remedy the failure; or
                                                                                                                                                  • (b) be examined concerning any information that pertains to the failure.

                                                                                                                                                  Marginal note: Recourse of contestant for fault of financial agent

                                                                                                                                                  478.91 A leadership contestant may apply to a judge 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

                                                                                                                                                  • (a) it occurred without his or her knowledge or acquiescence; or
                                                                                                                                                  • (b) he or she exercised all due diligence to avoid its occurrence.

                                                                                                                                                  The contestant shall notify the Chief Electoral Officer that the application has been made.

                                                                                                                                                  Marginal note: Destruction of documents — judge

                                                                                                                                                  478.92 (1) A leadership contestant or their financial agent may apply to a judge for an order relieving the financial agent from the obligation to provide a document referred to in subsection 478.8(1), (10), (11), (12) or (15). The applicant shall notify the Chief Electoral Officer that the application has been made.

                                                                                                                                                  Marginal note: Grounds

                                                                                                                                                  Marginal note: Date of relief

                                                                                                                                                  Marginal note: Prohibition — false, misleading or incomplete document

                                                                                                                                                  478.93 No leadership contestant and no financial agent of a leadership contestant shall provide the Chief Electoral Officer with a document referred to in subsection 478.8(1), (10), (11), (12) or (15) that

                                                                                                                                                  • (a) the contestant or the financial agent, as the case may be, knows or ought reasonably to know contains a material statement that is false or misleading; or
                                                                                                                                                  • (b) in the case of a document referred to in subsection 478.8(1), does not substantially set out the information required under subsection 478.8(2) and, in the case of a document referred to in subsection 478.8(10), (11), (12) or (15), does not substantially set out the information required under that subsection.

                                                                                                                                                  Surplus of Leadership Campaign Funds

                                                                                                                                                  Marginal note: Surplus of leadership campaign funds

                                                                                                                                                  478.94 The surplus amount of leadership campaign funds that a leadership contestant receives for a leadership contest is the amount by which the sum of contributions accepted by the leadership campaign agents on behalf of the contestant, amounts referred to in subsection 365(3) and any other amounts received by the contestant for their leadership campaign that are not repayable is more than the sum of the contestant’s leadership campaign expenses paid under this Act and any transfers referred to in paragraph 364(5)(b).

                                                                                                                                                  Marginal note: Notice of estimated surplus

                                                                                                                                                  478.95 (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.

                                                                                                                                                  Marginal note: Disposal of surplus funds

                                                                                                                                                  Marginal note: Disposal without notice

                                                                                                                                                  Marginal note: Method of disposal of surplus

                                                                                                                                                  478.96 The leadership contestant’s financial agent shall dispose of surplus leadership campaign funds by transferring them to the registered party that is holding the leadership contest or a registered association of that party.

                                                                                                                                                  Marginal note: Notice of disposal of surplus

                                                                                                                                                  478.97 (1) A leadership contestant’s financial agent shall, within seven days after disposing of the contestant’s surplus leadership campaign funds, give the Chief Electoral Officer a notice in the prescribed form of the amount and date of the disposal and to whom the surplus was transferred.

                                                                                                                                                  Marginal note: Publication

                                                                                                                                                  • 87. (1) Subsection 367(1) of the Act is replaced by the following:

                                                                                                                                                  Marginal note: Contribution limits

                                                                                                                                                  • 367. (1) Subject to subsection 373(4), no individual shall make contributions that exceed
                                                                                                                                                    • (a) $1,500 in total in any calendar year to a particular registered party;
                                                                                                                                                    • (b) $1,500 in total in any calendar year to the registered associations, nomination contestants and candidates of a particular registered party;
                                                                                                                                                    • (c) $1,500 in total to a candidate for a particular election who is not the candidate of a registered party; and
                                                                                                                                                    • (d) $1,500 in total in any calendar year to the leadership contestants in a particular leadership contest.

                                                                                                                                                    Marginal note: Increase to contribution limits

                                                                                                                                                    88. The Act is amended by adding the following after section 480:

                                                                                                                                                    Marginal note: Impersonation

                                                                                                                                                    480.1 Every person is guilty of an offence who, with intent to mislead, falsely represents themselves to be, or causes anyone to falsely represent themselves to be,

                                                                                                                                                    • (a) the Chief Electoral Officer, a member of the Chief Electoral Officer’s staff or a person who is authorized to act on the Chief Electoral Officer’s behalf;
                                                                                                                                                    • (b) an election officer or a person who is authorized to act on an election officer’s behalf;
                                                                                                                                                    • (c) a person who is authorized to act on behalf of the Office of the Chief Electoral Officer;
                                                                                                                                                    • (d) a person who is authorized to act on behalf of a registered party or a registered association; or
                                                                                                                                                    • (e) a candidate or a person who is authorized to act on a candidate’s behalf.

                                                                                                                                                    89. The Act is amended by adding the following after section 482:

                                                                                                                                                    Marginal note: Obstruction, etc.

                                                                                                                                                    482.1 Every person is guilty of an offence who obstructs or hinders — or knowingly makes, either orally or in writing, a false or misleading statement to — the Commissioner of Canada Elections or any person acting under his or her direction while the Commissioner or the person acting under his or her direction is exercising or performing powers, duties or functions conferred or imposed on the Commissioner under this Act.

                                                                                                                                                    90. Subsection 484(3) of the Act is amended by adding the following after paragraph (b):

                                                                                                                                                    • (b.1) being a field liaison officer, contravenes subsection 23.2(8) (engaging in politically partisan conduct);

                                                                                                                                                    Marginal note: 2006, c. 9, s. 56(1)

                                                                                                                                                    91. (1) Subsection 486(1) of the Act is repealed.

                                                                                                                                                    Marginal note: 2006, c. 9, s. 56(2)(F)

                                                                                                                                                    Marginal note: 2006, c. 9, s. 56(3)

                                                                                                                                                    92. Subsection 487(2) of the Act is replaced by the following:

                                                                                                                                                    Marginal note: Offences requiring intent — dual procedure

                                                                                                                                                    Marginal note: 2007, c. 21, s. 38(2)

                                                                                                                                                    • 93. (1) Paragraphs 489(2)(a) and (a.1) of the Act are replaced by the following:
                                                                                                                                                    • (a) contravenes subsection 143(5) (attesting to residence of more than one elector);
                                                                                                                                                    • (a.1) contravenes subsection 143(6) (attesting to residence when own residence attested to);

                                                                                                                                                    Marginal note: 2007, c. 21, s. 38(1) and (3)

                                                                                                                                                    (2) Paragraphs 489(2)(a.3) and (a.4) of the Act are replaced by the following:
                                                                                                                                                    • (a.3) contravenes subsection 161(6) (attesting to residence of more than one elector);
                                                                                                                                                    • (a.4) contravenes subsection 161(7) (attesting to residence when own residence attested to);

                                                                                                                                                    Marginal note: 2007, c. 21, s. 38(4)

                                                                                                                                                    (3) Paragraphs 489(2)(d) and (e) of the Act are replaced by the following:
                                                                                                                                                    • (d) contravenes subsection 169(5) (attesting to residence of more than one elector); or
                                                                                                                                                    • (e) contravenes subsection 169(6) (attesting to residence when own residence attested to).
                                                                                                                                                    • (b.1) contravenes any of paragraphs 161(5.1)(a) to (d) (forbidden acts re polling day registration);

                                                                                                                                                    94. Paragraph 490(a) of the Act is replaced by the following:

                                                                                                                                                    • (a) contravenes any of paragraphs 169(4.1)(a) to (d) (forbidden acts re advance polling registration);
                                                                                                                                                    • (a.1) being a deputy returning officer, knowingly contravenes subsection 174(1) (failure to permit person to vote);

                                                                                                                                                    94.1 Subsection 491(2) of the Act is replaced by the following:

                                                                                                                                                    Marginal note: Offences requiring intent — summary conviction

                                                                                                                                                    • (a) contravenes subsection 237.1(3.1) (attesting to residence of more than one elector);
                                                                                                                                                    • (b) contravenes subsection 237.1(3.2) (attesting to residence when own residence attested to); or
                                                                                                                                                    • (c) contravenes any of paragraphs 281(a) to (f) (prohibited acts re vote under special voting rules).

                                                                                                                                                    95. Paragraph 495(4)(d) of the Act is repealed.

                                                                                                                                                    96. The Act is amended by adding the following after section 495:

                                                                                                                                                    Offences under Division 2 of Part 16.1 (Scripts and Recordings)

                                                                                                                                                    Marginal note: Strict liability offences — summary conviction

                                                                                                                                                    • 495.1 (1) Every person is guilty of an offence who, being a calling service provider, contravenes
                                                                                                                                                      • (a) paragraph 348.16(a) (obligation to keep scripts); or
                                                                                                                                                      • (b) paragraph 348.16(b) (obligation to keep recordings).

                                                                                                                                                      Marginal note: Offences requiring intent — dual procedure

                                                                                                                                                      Marginal note: Strict liability offences — summary conviction

                                                                                                                                                      • 495.2 (1) Every person is guilty of an offence who, being a person or group, contravenes
                                                                                                                                                        • (a) paragraph 348.17(a) or section 348.19 (obligation to keep scripts); or
                                                                                                                                                        • (b) paragraph 348.17(b) or section 348.18 (obligation to keep recordings).

                                                                                                                                                        Marginal note: Offences requiring intent — dual procedure

                                                                                                                                                        • 97. (1) Paragraph 496(1)(a) of the Act is replaced by the following:
                                                                                                                                                        • (a) any of subsections 350(1) to (4) (exceeding election advertising expense limits);
                                                                                                                                                        • (a.1) section 351.1 (foreign third party exceeding election advertising expense limit);
                                                                                                                                                        • (a) any of subsections 350(1) to (4) or section 351 (exceeding or circumventing election advertising expense limits);
                                                                                                                                                        • (a.1) section 351.1 (foreign third party exceeding election advertising expense limit);

                                                                                                                                                        Marginal note: 2003, c. 19, s. 58(11)

                                                                                                                                                        98. Paragraph 497(3)(f.13) of the Act is replaced by the following:

                                                                                                                                                        • (f.13) being an individual, knowingly contravenes subsection 405(1) or (4.1) (exceeding contribution limit);

                                                                                                                                                        Marginal note: 2003, c. 19, ss. 58(1) to (6) and (8) to (17); 2004, c. 24, s. 21; 2006, c. 9, s. 57; 2007, c. 21, s. 39(1), 39(2)(E) and 39(3)

                                                                                                                                                        99. Section 497 of the Act is replaced by the following:

                                                                                                                                                        Offences under Division 1 of Part 18 (General Financial Provisions)

                                                                                                                                                        Marginal note: Strict liability offences — summary conviction

                                                                                                                                                        • 497. (1) Every person is guilty of an offence who
                                                                                                                                                          • (a) being a person or entity, contravenes subsection 363(1) (making contribution while ineligible);
                                                                                                                                                          • (b) being the chief agent of a registered party, the financial agent of a registered association, the official agent of a candidate or the financial agent of a nomination contestant or leadership contestant, contravenes subsection 363(2) (failure to return or pay amount of ineligible contribution);
                                                                                                                                                          • (c) being a registered party or an electoral district association of one, contravenes subsection 365(1) (making prohibited transfer);
                                                                                                                                                          • (d) being a person who is authorized to accept contributions on behalf of a registered party, a registered association, a nomination contestant, a candidate or a leadership contestant, contravenes section 366 (failure to issue receipt);
                                                                                                                                                          • (e) being a person or entity, contravenes subsection 368(1) (circumventing contribution limit);
                                                                                                                                                          • (f) being a person or entity, contravenes subsection 368(2) (concealing source of contribution);
                                                                                                                                                          • (g) being an individual, contravenes section 370 (making indirect contributions);
                                                                                                                                                          • (h) being a person authorized under this Act to accept contributions, contravenes section 372 (failure to return or pay amount of contribution);
                                                                                                                                                          • (i) being a person or entity, contravenes subsection 373(1) or (2) (making a loan, guaranteeing a loan or borrowing money);
                                                                                                                                                          • (j) being an individual, contravenes section 374 (making indirect loans);
                                                                                                                                                          • (k) contravenes subsection 380(1) or (2) (failure to document payment); or
                                                                                                                                                          • (l) being a person authorized to pay petty expenses, contravenes subsection 381(3) (failure to provide documentation of petty expenses) or 381(4) (paying more than the maximum amount of petty expenses).

                                                                                                                                                          Marginal note: Offences requiring intent — dual procedure

                                                                                                                                                          • (a) being a person or entity, knowingly contravenes subsection 363(1) (making contribution while ineligible);
                                                                                                                                                          • (b) being a registered party or an electoral district association of one, knowingly contravenes subsection 365(1) (making prohibited transfer);
                                                                                                                                                          • (c) being a person who is authorized to accept contributions on behalf of a registered party, a registered association, a nomination contestant, a candidate or a leadership contestant, knowingly contravenes section 366 (failure to issue receipt);
                                                                                                                                                          • (d) being an individual, knowingly contravenes subsection 367(1) or (6) (exceeding contribution limit);
                                                                                                                                                          • (e) being a person or entity, knowingly contravenes subsection 368(1) (circumventing contribution limit);
                                                                                                                                                          • (f) being a person or entity, knowingly contravenes subsection 368(2) (concealing source of contribution);
                                                                                                                                                          • (g) being a person entitled to accept contributions under this Act, contravenes subsection 368(3) (knowingly accepting excessive contribution);
                                                                                                                                                          • (h) being a person or entity, knowingly contravenes subsection 368(4) (entering prohibited agreement);
                                                                                                                                                          • (i) being a person or entity, contravenes subsection 369(1) (soliciting or accepting contribution);
                                                                                                                                                          • (j) being a person or entity, contravenes subsection 369(2) (collusion);
                                                                                                                                                          • (k) being an individual, knowingly contravenes section 370 (making indirect contributions);
                                                                                                                                                          • (l) being an individual, knowingly contravenes section 371 (exceeding cash contribution limit);
                                                                                                                                                          • (m) being a person authorized under this Act to accept contributions, knowingly contravenes section 372 (failure to return or pay amount of contribution);
                                                                                                                                                          • (n) being a person or entity, knowingly contravenes subsection 373(1) or (2) (making a loan, guaranteeing a loan or borrowing money); or
                                                                                                                                                          • (o) being an individual, knowingly contravenes section 374 (making indirect loans).

                                                                                                                                                          Offences under Division 2 of Part 18 (Political Parties)

                                                                                                                                                          Marginal note: Strict liability offences — summary conviction

                                                                                                                                                          • 497.1 (1) Every person is guilty of an offence who
                                                                                                                                                            • (a) being a registered party, contravenes section 392 (failure to provide statement of assets and liabilities or related documents);
                                                                                                                                                            • (b) being a registered party, contravenes subsection 396(2) or, being a registered party or an eligible party, contravenes subsection 395(4), section 399, subsection 400(1) or (2) or section 401 (failure to comply with requirements re: officers, chief agent, registered agents or auditor);
                                                                                                                                                            • (c) being a registered party, contravenes subsection 405(1) or (4) (failure to report changes to registered party information);
                                                                                                                                                            • (d) being a registered party, contravenes section 407 (failure to confirm validity of information on party);
                                                                                                                                                            • (e) being a chief agent of a deregistered political party, contravenes section 420 (failure to provide financial transactions return or election expenses return or related documents);
                                                                                                                                                            • (f) being a chief agent of a merging registered party, contravenes section 424 (failure to provide financial transactions return or related documents);
                                                                                                                                                            • (g) being a chief agent, contravenes section 428 (failure to pay recoverable claim within three years);
                                                                                                                                                            • (h) being a chief agent, contravenes subsection 431(1) (exceeding election expenses limit) or, being a registered party or third party, contravenes subsection 431(2) (colluding to circumvent election expenses limit);
                                                                                                                                                            • (i) being a chief agent, contravenes subsection 432(1), (2), (3) or (5) (failure to provide financial transactions return or related documents);
                                                                                                                                                            • (j) being a chief agent, contravenes section 433 (failure to provide quarterly return);
                                                                                                                                                            • (k) being a registered agent, contravenes section 434 (failure to pay excess contributions);
                                                                                                                                                            • (l) being a chief agent, contravenes paragraph 436(b) (providing document that is substantially incomplete);
                                                                                                                                                            • (m) being a chief agent, contravenes subsection 437(1), (2) or (3) (failure to provide election expenses return or related documents);
                                                                                                                                                            • (n) being a chief agent, contravenes paragraph 439(b) (providing document that is substantially incomplete);
                                                                                                                                                            • (o) being a chief agent, contravenes subsection 440(3) (failure to provide corrected or revised document within specified period);
                                                                                                                                                            • (p) being a chief agent or the leader of a registered party, contravenes subsection 442(3) (failure to provide corrected or revised document within 30-day period or any extension of that period); or
                                                                                                                                                            • (q) being the chief executive officer of a provincial division, contravenes subsection 446(5) (failure to report provincial division changes).

                                                                                                                                                            Marginal note: Offences requiring intent — summary conviction

                                                                                                                                                            • (a) being a person or entity other than a registered agent or a person authorized under subsection 381(1), knowingly contravenes subsection 426(1) or (2) (paying or incurring registered party’s expenses);
                                                                                                                                                            • (b) being a person or entity other than a registered agent, knowingly contravenes subsection 426(3) (accepting contributions or borrowing while ineligible); or
                                                                                                                                                            • (c) being a person or entity other than a registered agent, knowingly contravenes subsection 426(4) (while ineligible, accepting provision of goods or services or transfer of funds or providing goods or services or transferring funds).

                                                                                                                                                            Marginal note: Offences requiring intent — dual procedure

                                                                                                                                                            • (a) being a registered party, knowingly contravenes section 392 (failure to provide statement of assets and liabilities or related documents);
                                                                                                                                                            • (b) knowingly contravenes subsection 403(1), (2) or (3) (ineligible person acting as officer, chief agent, registered agent or auditor);
                                                                                                                                                            • (c) being an officer of a party, contravenes section 404 (officer knowing party not a political party);
                                                                                                                                                            • (d) being a leader of a party, contravenes subsection 408(1), (3) or (4) (providing or certifying false or misleading information or making false or misleading declaration);
                                                                                                                                                            • (e) being a registered party or an eligible party, contravenes subsection 408(2) (providing false or misleading information);
                                                                                                                                                            • (f) being a member of a political party, contravenes subsection 408(5) (making false or misleading declaration);
                                                                                                                                                            • (g) being a chief agent of a deregistered political party, knowingly contravenes section 420 (failure to provide transactions return or election expenses return or related documents);
                                                                                                                                                            • (h) being a chief agent of a merging registered party, knowingly contravenes section 424 (failure to provide financial transactions returns or related documents);
                                                                                                                                                            • (i) being a chief agent, knowingly contravenes subsection 431(1) (exceeding election expenses limit);
                                                                                                                                                            • (j) being a registered party or a third party, knowingly contravenes subsection 431(2) (colluding to circumvent election expense limit);
                                                                                                                                                            • (k) being a chief agent, knowingly contravenes subsection 432(1), (2), (3) or (5) (failure to provide financial transactions return or related documents);
                                                                                                                                                            • (l) being a chief agent, knowingly contravenes section 433 (failure to provide quarterly return);
                                                                                                                                                            • (m) being a registered agent, knowingly contravenes section 434 (failure to pay excess contributions);
                                                                                                                                                            • (n) being a chief agent, contravenes paragraph 436(a) (providing document that contains false or misleading information);
                                                                                                                                                            • (o) being a chief agent, knowingly contravenes subsection 437(1), (2) or (3) (failure to provide election expenses return or related documents);
                                                                                                                                                            • (p) being a chief agent, contravenes paragraph 439(a) (providing document that contains false or misleading information);
                                                                                                                                                            • (q) being a chief agent, knowingly contravenes subsection 440(3) (failure to provide corrected or revised document within specified period); or
                                                                                                                                                            • (r) being a chief agent or the leader of a registered party, knowingly contravenes subsection 442(3) (failure to provide corrected or revised document within 30-day period or any extension of that period).

                                                                                                                                                            Offences under Division 3 of Part 18 (Electoral District Associations)

                                                                                                                                                            Marginal note: Strict liability offences — summary conviction

                                                                                                                                                            • 497.2 (1) Every person is guilty of an offence who
                                                                                                                                                              • (a) being an electoral district association of a registered party, contravenes section 447 (financial activity while unregistered);
                                                                                                                                                              • (b) being an electoral district association of a registered party, contravenes section 450 (financial activity during an election period);
                                                                                                                                                              • (c) being a registered association, contravenes section 451 (failure to provide statement of assets and liabilities or related documents);
                                                                                                                                                              • (d) being the financial agent of a registered association, contravenes section 452 (making erroneous declaration);
                                                                                                                                                              • (e) being a registered association, contravenes subsection 456(2) (failure to comply with requirements re: appointment of electoral district agent);
                                                                                                                                                              • (f) being a registered association, contravenes section 459, 460 or 461 (failure to comply with requirements re: appointment of financial agent or auditor);
                                                                                                                                                              • (g) being a registered association, contravenes subsection 463(1) (failure to report changes to registered association information);
                                                                                                                                                              • (h) being a registered association, contravenes section 464 (failure to confirm validity of information concerning association);
                                                                                                                                                              • (i) being the financial agent of a deregistered electoral district association, contravenes section 473 (failure to provide financial transactions return for fiscal period or related documents);
                                                                                                                                                              • (j) being the financial agent of a registered association, contravenes section 475.2 (failure to pay recoverable claim within three years);
                                                                                                                                                              • (k) being the financial agent of a registered association, contravenes subsection 475.4(1), (2), (3) or (5) (failure to provide financial transactions return or related documents);
                                                                                                                                                              • (l) being the financial agent of a registered association, contravenes section 475.5 (failure to pay excess contributions);
                                                                                                                                                              • (m) being the financial agent of a registered association, contravenes paragraph 475.7(b) (providing document that is substantially incomplete);
                                                                                                                                                              • (n) being the financial agent of a registered association, contravenes subsection 475.9(3) (failure to provide corrected or revised document within specified period); or
                                                                                                                                                              • (o) being the financial agent or the chief executive officer of a registered association, contravenes subsection 475.92(3) (failure to provide corrected or revised document within 30-day period or any extension of that period).

                                                                                                                                                              Marginal note: Offences requiring intent — summary conviction

                                                                                                                                                              • (a) being a person or entity other than an electoral district agent of a registered association, knowingly contravenes subsection 475(1) or (2) (paying or incurring registered association’s expenses while ineligible);
                                                                                                                                                              • (b) being a person or entity other than an electoral district agent of a registered association, knowingly contravenes subsection 475(3) (accepting contributions while ineligible); or
                                                                                                                                                              • (c) being a person or entity other than the financial agent of a registered association, knowingly contravenes subsection 475(4) (while ineligible, accepting provision of goods or services or transfer of funds or providing goods or services or transferring funds).

                                                                                                                                                              Marginal note: Offences requiring intent — dual procedure

                                                                                                                                                              • (a) being an electoral district association, knowingly contravenes section 447 (financial activity while unregistered);
                                                                                                                                                              • (b) being an electoral district association of a registered party, knowingly contravenes section 450 (financial activity during an election period);
                                                                                                                                                              • (c) being a registered association, knowingly contravenes section 451 (failure to provide statement of assets and liabilities or related documents);
                                                                                                                                                              • (d) being the financial agent of a registered association, knowingly contravenes section 452 (making erroneous declaration);
                                                                                                                                                              • (e) being a registered association, knowingly contravenes subsection 456(2) (failure to comply with requirements re: appointment of electoral district agent);
                                                                                                                                                              • (f) being a person, knowingly contravenes subsection 462(1) or (2) (acting as financial agent, electoral district agent or auditor when ineligible to do so);
                                                                                                                                                              • (g) being the financial agent of a deregistered electoral district association, knowingly contravenes section 473 (failure to provide financial transactions return for fiscal period or related documents);
                                                                                                                                                              • (h) being the financial agent of a registered association, knowingly contravenes subsection 475.4(1), (2), (3) or (5) (failure to provide financial transactions return or related documents);
                                                                                                                                                              • (i) being the financial agent of a registered association, knowingly contravenes section 475.5 (failure to pay excess contributions);
                                                                                                                                                              • (j) being the financial agent of a registered association, contravenes paragraph 475.7(a) (providing document that contains false or misleading information);
                                                                                                                                                              • (k) being the financial agent of a registered association, knowingly contravenes subsection 475.9(3) (failure to provide corrected or revised document within specified period); or
                                                                                                                                                              • (l) being the financial agent or chief executive officer of a registered association, knowingly contravenes subsection 475.92(3) (failure to provide corrected or revised document within 30-day period or any extension of that period).

                                                                                                                                                              Offences under Division 4 of Part 18 (Nomination Contestants)

                                                                                                                                                              Marginal note: Strict liability offences — summary conviction

                                                                                                                                                              • 497.3 (1) Every person is guilty of an offence who
                                                                                                                                                                • (a) being a registered party or registered association, contravenes subsection 476.1(1) (failure to notify of nomination contest);
                                                                                                                                                                • (b) being a nomination contestant, contravenes section 476.3 (failure to appoint financial agent);
                                                                                                                                                                • (c) being a nomination contestant, contravenes section 476.5, 476.6 or 476.61 (failure to comply with requirements re: appointment of financial agent);
                                                                                                                                                                • (d) being a nomination contestant, contravenes subsection 476.63(1) or (2) (failure to report changes in nomination contestant information);
                                                                                                                                                                • (e) being the financial agent of a nomination contestant, contravenes section 476.65 (failure to satisfy bank account requirements);
                                                                                                                                                                • (f) being a nomination contestant or the financial agent of one, contravenes subsection 476.68(1) (exceeding nomination campaign expenses limit);
                                                                                                                                                                • (g) being a nomination contestant or the financial agent of one, contravenes subsection 476.7(1) or (2) (failure to pay recoverable claim within three years or paying without authorization);
                                                                                                                                                                • (h) being the financial agent of a nomination contestant, contravenes subsection 476.75(1), (2), (5) or (7) (failure to provide nomination campaign return or related documents);
                                                                                                                                                                • (i) being the financial agent of a nomination contestant, fails to comply with a requirement of the Chief Electoral Officer under subsection 476.75(4);
                                                                                                                                                                • (j) being a nomination contestant, contravenes subsection 476.75(8) (failure to send declaration re: nomination campaign return to financial agent) or subsection 476.81(1) (failure to provide Chief Electoral Officer with declaration re: nomination campaign ret­urn);
                                                                                                                                                                • (k) being the financial agent of a nomination contestant, contravenes subsection 476.75(10) or (15) (failure to provide report on payment of claim);
                                                                                                                                                                • (l) being the financial agent of a nomination contestant, contravenes subsection 476.75(11) or (12) (failure to provide updated version of statement of unpaid claims);
                                                                                                                                                                • (m) being the financial agent of a nomination contestant, fails to comply with a requirement of the Chief Electoral Officer under subsection 476.75(14);
                                                                                                                                                                • (n) being the financial agent of a nomination contestant, contravenes section 476.76 (failure to pay the value of contributions that cannot be returned);
                                                                                                                                                                • (o) being a nomination contestant, contravenes subsection 476.77(1) (failure to appoint auditor);
                                                                                                                                                                • (p) being a nomination contestant, contravenes subsection 476.77(4) or (5) or section 476.78 (failure to comply with requirements re: appointment of auditor);
                                                                                                                                                                • (q) being the financial agent of a nomination contestant, contravenes subsection 476.83(3) (failure to provide corrected or revised document within specified period);
                                                                                                                                                                • (r) being a nomination contestant or the financial agent of one, contravenes subsection 476.85(3) (failure to provide corrected or revised document within 30-day period or any extension of that period);
                                                                                                                                                                • (s) being the financial agent of a nomination contestant, contravenes paragraph 476.9(b) (providing document that is substantially incomplete); or
                                                                                                                                                                • (t) being the financial agent of a nomination contestant, contravenes subsection 476.92(2) or (3) or section 476.93 (failure to dispose of surplus nomination campaign funds).

                                                                                                                                                                Marginal note: Offences requiring intent — dual procedure

                                                                                                                                                                • (a) being a registered party or registered association, knowingly contravenes subsection 476.1(1) (failure to notify of nomination contest);
                                                                                                                                                                • (b) being a person, knowingly contravenes section 476.62 (acting as financial agent when ineligible to do so);
                                                                                                                                                                • (c) being a person or entity other than the financial agent of a nomination contestant, knowingly contravenes subsection 476.66(1) (acceptance of contribution while ineligible);
                                                                                                                                                                • (d) being a person or entity other than the financial agent of a nomination contestant, knowingly contravenes subsection 476.66(2) (while ineligible, accepting provision of goods or services or transfer of funds or transferring funds);
                                                                                                                                                                • (e) being the financial agent of a nomination contestant, knowingly contravenes subsection 476.66(3) (accepting prohibited contribution);
                                                                                                                                                                • (f) being a person or entity, knowingly contravenes subsection 476.66(4), (5) or (6) (paying or incurring expenses for specified purposes or paying personal expenses while ineligible);
                                                                                                                                                                • (g) being a nomination contestant or the financial agent of one, knowingly contravenes subsection 476.68(1) (exceeding nomination campaign expenses limit);
                                                                                                                                                                • (h) being a person or entity, contravenes subsection 476.68(2) (circumventing nomination campaign expenses limit);
                                                                                                                                                                • (i) being the financial agent of a nomination contestant, knowingly contravenes subsection 476.75(1), (2), (5) or (7) (failure to provide nomination campaign return or related documents);
                                                                                                                                                                • (j) being the financial agent of a nomination contestant, knowingly fails to comply with a requirement of the Chief Electoral Officer under subsection 476.75(4);
                                                                                                                                                                • (k) being a nomination contestant, knowingly contravenes subsection 476.75(8) (failure to send declaration re: nomination campaign return to financial agent) or subsection 476.81(1) (failure to provide Chief Electoral Officer with declaration re: nomination campaign return);
                                                                                                                                                                • (l) being the financial agent of a nomination contestant, knowingly contravenes subsection 476.75(10) or (15) (failure to provide report on payment of claim);
                                                                                                                                                                • (m) being the financial agent of a nomination contestant, knowingly contravenes subsection 476.75(11) or (12) (failure to provide updated version of statement of unpaid claims);
                                                                                                                                                                • (n) being the financial agent of a nomination contestant, knowingly fails to comply with a requirement of the Chief Electoral Officer under subsection 476.75(14);
                                                                                                                                                                • (o) being the financial agent of a nomination contestant, knowingly contravenes section 476.76 (failure to pay the value of contributions that cannot be returned);
                                                                                                                                                                • (p) being a person, knowingly contravenes section 476.79 (acting as auditor when ineligible to do so);
                                                                                                                                                                • (q) being the financial agent of a nomination contestant, knowingly contravenes subsection 476.83(3) (failure to provide corrected or revised document within specified period);
                                                                                                                                                                • (r) being a nomination contestant or the financial agent of one, knowingly contravenes subsection 476.85(3) (failure to provide corrected or revised document within 30-day period or any extension of that period);
                                                                                                                                                                • (s) being a nomination contestant or the financial agent of one, contravenes paragraph 476.9(a) or knowingly contravenes paragraph 476.9(b) (providing document that contains false or misleading information or that is substantially incomplete); or
                                                                                                                                                                • (t) being the financial agent of a nomination contestant, knowingly contravenes subsection 476.92(2) or (3) or section 476.93 (failure to dispose of surplus nomination campaign funds).

                                                                                                                                                                Offences under Division 5 of Part 18 (Candidates)

                                                                                                                                                                Marginal note: Strict liability offences — summary conviction

                                                                                                                                                                • 497.4 (1) Every person is guilty of an offence who
                                                                                                                                                                  • (a) being a candidate, contravenes subsection 477.1(1) (failure to appoint official agent);
                                                                                                                                                                  • (b) being a candidate, contravenes subsection 477.1(2) (failure to appoint auditor);
                                                                                                                                                                  • (c) being a candidate, contravenes section 477.42 (failure to appoint a replacement official agent or auditor);
                                                                                                                                                                  • (d) being an official agent, contravenes section 477.46 (failure to satisfy bank account requirements);
                                                                                                                                                                  • (e) being an official agent, a candidate or a person authorized under paragraph 477.55(c), contravenes subsection 477.48(2) (incurring more than maximum allowed for notice of nomination meetings) or subsection 477.52(1) (exceeding election expenses limit) or, being an official agent, a candidate, a person authorized under paragraph 477.55(c) or a third party, contravenes subsection 477.52(2) (colluding to circumvent election expenses limit);
                                                                                                                                                                  • (f) being an official agent, contravenes subsection 477.54(1) or (2) (failure to pay recoverable claim within three years or paying without authorization);
                                                                                                                                                                  • (g) being an official agent, contravenes subsection 477.59(1), (2), (5) or (7) (failure to provide electoral campaign return or related documents);
                                                                                                                                                                  • (h) being an official agent, fails to comply with a requirement of the Chief Electoral Officer under subsection 477.59(4);
                                                                                                                                                                  • (i) being a candidate, contravenes subsection 477.59(8) (failure to send declaration re: electoral campaign return to official agent) or subsection 477.63(1) (failure to provide Chief Electoral Officer with declaration re: electoral campaign return);
                                                                                                                                                                  • (j) being an official agent, contravenes subsection 477.59(10) or (15) (failure to provide report on payment of claim);
                                                                                                                                                                  • (k) being an official agent, contravenes subsection 477.59(11) or (12) (failure to provide updated version of statement of unpaid claims);
                                                                                                                                                                  • (l) being an official agent, fails to comply with a requirement of the Chief Electoral Officer under subsection 477.59(14);
                                                                                                                                                                  • (m) being an official agent, contravenes section 477.61 (failure to pay value of contribution that cannot be returned);
                                                                                                                                                                  • (n) being an official agent, contravenes subsection 477.65(3) (failure to provide corrected or revised document within specified period);
                                                                                                                                                                  • (o) being a candidate or the official agent of one, contravenes subsection 477.67(3) (failure to provide corrected or revised document within 30-day period or any extension of that period);
                                                                                                                                                                  • (p) being an official agent, contravenes paragraph 477.72(1)(b) (providing document that is substantially incomplete);
                                                                                                                                                                  • (q) being an official agent, contravenes subsection 477.81(2) or (3) or section 477.82 (failure to dispose of surplus electoral funds);
                                                                                                                                                                  • (r) being a registered agent or financial agent, contravenes section 477.85 (improper or unauthorized transfer of funds);
                                                                                                                                                                  • (s) being an official agent, contravenes subsection 477.88(2) (failure to return unused income tax receipts);
                                                                                                                                                                  • (t) being a candidate, contravenes subsection 477.9(1) (accepting prohibited gift or other advantage);
                                                                                                                                                                  • (u) being a candidate, contravenes subsection 477.9(5) (failure to provide statement within required period);
                                                                                                                                                                  • (v) being a candidate, contravenes subsection 477.92(3) (failure to provide corrected or revised statement within 30-day period or any extension of that period); or
                                                                                                                                                                  • (w) being a candidate, contravenes paragraph 477.95(b) (providing incomplete statement).

                                                                                                                                                                  Marginal note: Offences requiring intent — dual procedure

                                                                                                                                                                  • (a) knowingly contravenes subsection 477.44(1) or (2) (ineligible person acting as official agent or auditor);
                                                                                                                                                                  • (b) being a person or entity other than an official agent, knowingly contravenes subsection 477.47(1) or (2) (accepting contributions or providing receipts for them);
                                                                                                                                                                  • (c) being a person or entity other than an official agent, knowingly contravenes subsection 477.47(3) (while ineligible, accepting provision of goods or services or transfer of funds or providing goods or services or transferring funds);
                                                                                                                                                                  • (d) being a person or entity, other than a candidate, official agent or person authorized under paragraph 477.55(c), knowingly contravenes subsection 477.47(4) or (5) (paying or incurring electoral campaign expenses);
                                                                                                                                                                  • (e) being a person or entity other than a candidate or official agent, knowingly contravenes subsection 477.47(6) (paying candidate’s personal expenses);
                                                                                                                                                                  • (f) being a candidate, an official agent or a person authorized under paragraph 477.55(c), knowingly contravenes subsection 477.48(2) (spending more than maximum allowed for notice of nomination meetings);
                                                                                                                                                                  • (g) being a candidate, an official agent or a person authorized under paragraph 477.55(c), knowingly contravenes subsection 477.52(1) (exceeding election expenses limit);
                                                                                                                                                                  • (h) being a candidate, an official agent, a person authorized under paragraph 477.55(c) or a third party, contravenes subsection 477.52(2) (colluding to circumvent election expenses limit);
                                                                                                                                                                  • (i) being an official agent, knowingly contravenes subsection 477.59(1), (2), (5) or (7) (failure to provide electoral campaign return or related documents);
                                                                                                                                                                  • (j) being an official agent, knowingly fails to comply with a requirement of the Chief Electoral Officer under subsection 477.59(4);
                                                                                                                                                                  • (k) being a candidate, knowingly contravenes subsection 477.59(8) (failure to send declaration re: electoral campaign return to official agent) or subsection 477.63(1) (failure to provide Chief Electoral Officer with declaration re: electoral campaign return);
                                                                                                                                                                  • (l) being an official agent, knowingly contravenes subsection 477.59(10) or (15) (failure to provide report on payment of claim);
                                                                                                                                                                  • (m) being an official agent, knowingly contravenes subsection 477.59(11) or (12) (failure to provide updated version of statement of unpaid claims);
                                                                                                                                                                  • (n) being an official agent, knowingly fails to comply with a requirement of the Chief Electoral Officer under subsection 477.59(14);
                                                                                                                                                                  • (o) being an official agent, knowingly contravenes section 477.61 (failure to pay value of contribution made by unknown contributor);
                                                                                                                                                                  • (p) being an official agent, knowingly contravenes subsection 477.65(3) (failure to provide corrected or revised document within specified period);
                                                                                                                                                                  • (q) being a candidate or the official agent of one, knowingly contravenes subsection 477.67(3) (failure to provide corrected or revised document within 30-day period or any extension of that period);
                                                                                                                                                                  • (r) being an official agent, contravenes paragraph 477.72(1)(a) or knowingly contravenes paragraph 477.72(1)(b) (providing document that contains false or misleading statement or one that is incomplete);
                                                                                                                                                                  • (s) being an official agent, knowingly contravenes subsection 477.81(2) or (3) or section 477.82 (failure to dispose of surplus electoral funds);
                                                                                                                                                                  • (t) being a registered agent or financial agent, knowingly contravenes section 477.85 (unauthorized or improper transfer of funds);
                                                                                                                                                                  • (u) being a candidate, knowingly contravenes subsection 477.9(1) (accepting prohibited gift or other advantage);
                                                                                                                                                                  • (v) being a candidate, knowingly contravenes subsection 477.9(5) (failure to provide statement within required period);
                                                                                                                                                                  • (w) being a candidate, knowingly contravenes subsection 477.92(3) (failure to provide corrected or revised statement within 30-day period or any extension of that period); or
                                                                                                                                                                  • (x) being a candidate, contravenes paragraph 477.95(a) (providing statement containing false or misleading information) or knowingly contravenes paragraph 477.95(b) (providing incomplete statement).

                                                                                                                                                                  Offences under Division 6 of Part 18 (Leadership Contestants)

                                                                                                                                                                  Marginal note: Strict liability offences — summary conviction

                                                                                                                                                                  • 497.5 (1) Every person is guilty of an offence who
                                                                                                                                                                    • (a) being a registered party, contravenes subsection 478.1(1) or (2) (failure to inform of leadership contest or related changes);
                                                                                                                                                                    • (b) being a person, contravenes subsection 478.2(1) (failure to register for a leadership contest);
                                                                                                                                                                    • (c) being a leadership contestant, contravenes subsection 478.5(2) or section 478.62, 478.63 or 478.64 (failure to comply with requirements re: appointment of leadership campaign agent, financial agent or auditor);
                                                                                                                                                                    • (d) being a leadership contestant, contravenes subsection 478.66(1) or (2) (failure to report changes to leadership contestant information);
                                                                                                                                                                    • (e) being a leadership contestant, contravenes section 478.67 (failure to file statement of withdrawal);
                                                                                                                                                                    • (f) being a registered party, contravenes section 478.68 (failure to file statement of withdrawal of acceptance);
                                                                                                                                                                    • (g) being the financial agent of a leadership contestant, contravenes section 478.72 (failure to satisfy bank account requirements);
                                                                                                                                                                    • (h) being a leadership contestant or the financial agent of one, contravenes subsection 478.75(1) or (2) (failure to pay recoverable claim within three years or paying without authorization);
                                                                                                                                                                    • (i) being the financial agent of a leadership contestant, contravenes subsection 478.8(1), (2), (5) or (7) (failure to provide leadership campaign return or related documents);
                                                                                                                                                                    • (j) being the financial agent of a leadership contestant, fails to comply with a requirement of the Chief Electoral Officer under subsection 478.8(4);
                                                                                                                                                                    • (k) being a leadership contestant, contravenes subsection 478.8(8) (failure to send declaration re: leadership campaign return to financial agent) or subsection 478.84(1) (failure to provide Chief Electoral Officer with declaration re: leadership campaign return);
                                                                                                                                                                    • (l) being the financial agent of a leadership contestant, contravenes subsection 478.8(10) or (15) (failure to provide report on payment of claim);
                                                                                                                                                                    • (m) being the financial agent of a leadership contestant, contravenes subsection 478.8(11) or (12) (failure to provide updated version of statement of unpaid claims);
                                                                                                                                                                    • (n) being the financial agent of a leadership contestant, fails to comply with a requirement of the Chief Electoral Officer under subsection 478.8(14);
                                                                                                                                                                    • (o) being the financial agent of a leadership contestant, contravenes any of subsections 478.81(1) to (3) (failure to provide return on contributions or related documents);
                                                                                                                                                                    • (p) being the financial agent of a leadership contestant, contravenes section 478.82 (failure to forward certain contributions);
                                                                                                                                                                    • (q) being the financial agent of a leadership contestant, contravenes subsection 478.86(3) (failure to provide corrected or revised document within specified period);
                                                                                                                                                                    • (r) being a leadership contestant or the financial agent of one, contravenes subsection 478.88(3) (failure to provide corrected or revised document within 30-day period or any extension of that period);
                                                                                                                                                                    • (s) being a leadership contestant or the financial agent of one, contravenes paragraph 478.93(b) (providing document that is substantially incomplete); or
                                                                                                                                                                    • (t) being the financial agent of a leadership contestant, contravenes subsection 478.95(2) or (3) or section 478.96 (failure to dispose of surplus leadership campaign funds).

                                                                                                                                                                    Marginal note: Offences requiring intent — dual procedure

                                                                                                                                                                    • (a) being a registered party, knowingly contravenes subsection 478.1(1) or (2) (failure to inform of leadership contest or related changes);
                                                                                                                                                                    • (b) being a person, knowingly contravenes subsection 478.2(1) (failure to register for a leadership contest);
                                                                                                                                                                    • (c) being a person, knowingly contravenes subsection 478.65(1) or (2) (acting as financial agent, leadership campaign agent or auditor when ineligible to do so);
                                                                                                                                                                    • (d) being a leadership contestant, knowingly contravenes section 478.67 (failure to file statement of withdrawal);
                                                                                                                                                                    • (e) being a registered party, knowingly contravenes section 478.68 (failure to file statement of withdrawal of acceptance);
                                                                                                                                                                    • (f) being a person or entity other than a leadership campaign agent, knowingly contravenes subsection 478.73(1) (acceptance of contribution while ineligible);
                                                                                                                                                                    • (g) being a person or entity other than a leadership campaign agent of a leadership contestant, knowingly contravenes subsection 478.73(2) (while ineligible, accepting provision of goods or services or transfer of funds or transferring funds);
                                                                                                                                                                    • (h) being a leadership campaign agent of a leadership contestant, knowingly contravenes subsection 478.73(3) (accepting prohibited contribution);
                                                                                                                                                                    • (i) being a person or entity, knowingly contravenes subsection 478.73(4) or (5) (paying or incurring expenses for specified purposes while ineligible);
                                                                                                                                                                    • (j) being a person or entity, knowingly contravenes subsection 478.73(6) (paying personal expenses of leadership contestant while ineligible);
                                                                                                                                                                    • (k) being the financial agent of a leadership contestant, knowingly contravenes subsection 478.8(1), (2), (5) or (7) (failure to provide leadership campaign return or related documents);
                                                                                                                                                                    • (l) being the financial agent of a leadership contestant, knowingly fails to comply with a requirement of the Chief Electoral Officer under subsection 478.8(4);
                                                                                                                                                                    • (m) being a leadership contestant, knowingly contravenes subsection 478.8(8) (failure to send declaration re: leadership campaign return to financial agent) or subsection 478.84(1) (failure to provide Chief Electoral Officer with declaration re: leadership campaign return);
                                                                                                                                                                    • (n) being the financial agent of a leadership contestant, knowingly contravenes subsection 478.8(10) or (15) (failure to provide report on payment of claim);
                                                                                                                                                                    • (o) being the financial agent of a leadership contestant, knowingly contravenes subsection 478.8(11) or (12) (failure to provide updated version of statement of unpaid claims);
                                                                                                                                                                    • (p) being the financial agent of a leadership contestant, knowingly fails to comply with a requirement of the Chief Electoral Officer under subsection 478.8(14);
                                                                                                                                                                    • (q) being the financial agent of a leadership contestant, knowingly contravenes any of subsections 478.81(1) to (3) (failure to provide return on contributions or related documents);
                                                                                                                                                                    • (r) being the financial agent of a leadership contestant, knowingly contravenes section 478.82 (failure to forward certain contributions);
                                                                                                                                                                    • (s) being the financial agent of a leadership contestant, knowingly contravenes subsection 478.86(3) (failure to provide corrected or revised document within specified period);
                                                                                                                                                                    • (t) being a leadership contestant or the financial agent of one, knowingly contravenes subsection 478.88(3) (failure to provide corrected or revised document within 30-day period or any extension of that period);
                                                                                                                                                                    • (u) being a leadership contestant or the financial agent of one, contravenes paragraph 478.93(a) or knowingly contravenes paragraph 478.93(b) (providing document that contains false or misleading information or that is substantially incomplete); or
                                                                                                                                                                    • (v) being the financial agent of a leadership contestant, knowingly contravenes subsection 478.95(2) or (3) or section 478.96 (failure to dispose of surplus leadership campaign funds).

                                                                                                                                                                    Marginal note: 2007, c. 21, s. 39.1

                                                                                                                                                                    • 100. (1) Subsections 500(1) to (5) of the Act are replaced by the following:

                                                                                                                                                                    Marginal note: Punishment — strict liability offences

                                                                                                                                                                    500. (1) Every person who is guilty of an offence under any of subsections 484(1), 486(1), 489(1), 491(1), 492(1), 495(1), 496(1), 497(1) and 499(1) is liable on summary conviction to a fine of not more than $2,000 or to imprisonment for a term of not more than three months, or to both.