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

Marginal note:Proceeding to recover claimed payments

• 403.33 (1) A person who has sent a claim in accordance with section 403.29 may commence proceedings in a court of competent jurisdiction to recover any unpaid amount

  • (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 403.3 or any extension of that period authorized by subsection 403.31(1) or section 403.32, in any other case.

• Marginal note:Payment deemed properly made

  (2) An amount paid by an electoral district agent of a registered association as a result of proceedings referred to in subsection (1) is deemed to have been paid in accordance with this Act.

Marginal note:Deemed contributions

• 403.34 (1) An unpaid claim mentioned in a return referred to in subsection 403.35(1) that, on the day that is 18 months after the end of the fiscal period to which the return relates, remains unpaid, in whole or in part, is deemed to be a contribution of the unpaid amount to the registered association made as of the day on which the expense was incurred.

• Marginal note:When no deemed contribution

  (2) Subsection (1) does not apply to an unpaid claim that, on the day referred to in that subsection,

  • (a) is the subject of a binding agreement to pay;

  • (b) is the subject of a legal proceeding to secure its payment;

  • (c) is the subject of a dispute as to the amount the association was liable to pay or the amount that remains unpaid; or

  • (d) has been written off by the creditor as an uncollectable debt in accordance with the creditor’s normal accounting practices.

• Marginal note:Notice by association

  (3) The financial agent of a registered association who believes that any of paragraphs (2)(a) to (d) applies to a liability to pay an amount shall so notify the Chief Electoral Officer before the day referred to in subsection (1).

• Marginal note:Publication of deemed contributions

  (4) As soon as practicable after the day referred to in subsection (1), the Chief Electoral Officer shall, in any manner that he or she considers appropriate, publish the list of claims that are deemed under subsection (1) to be contributions.

Marginal note:Return on financial transactions

• 403.35 (1) The financial agent of a registered association shall, for each fiscal period of the association, provide to the Chief Electoral Officer

  • (a) a financial transactions return, substantially in the prescribed form, on the association’s financial transactions;

  • (b) the auditor’s report on the financial transactions return, if one is required under subsection 403.37(1); and

  • (c) a declaration in the prescribed form by the financial agent that the financial transactions return is complete and accurate.

  • (d) [Repealed, 2006, c. 9, s. 41]

• Marginal note:Contents of return

  (2) A financial transactions return must set out

  • (a) a statement of contributions received by the registered association;

  • (b) the number of contributors;

  • (b.1) [Repealed, 2006, c. 9, s. 41]

  • (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 such contribution and the date on which it was received by the association;

  • (d) [Repealed, 2006, c. 9, s. 41]

  • (e) 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) disputed claims under section 403.33, and

    • (ii) unpaid claims that are, or may be, the subject of an application referred to in subsection 403.31(1) or section 403.32;

  • (f) a statement of the registered association’s revenues and expenses in accordance with generally accepted accounting principles;

  • (g) a statement of the commercial value of goods or services provided and of funds transferred by the registered association to the registered party, to another registered association or to a candidate endorsed by the registered party;

  • (h) a statement of the commercial value of goods or services provided and of funds transferred to the registered association from the registered party, another registered association, a candidate, a leadership contestant or a nomination contestant;

  • (i) a statement of loans or security received by the registered association, including any conditions on them;

  • (i.1) a statement that provides full disclosure of financial loans for the purposes of the campaign, including interest rates, repayment schedules and the name of the lender; and

  • (j) a statement of contributions received by the registered association but returned in whole or in part to the contributors or otherwise dealt with in accordance with this Act.

• Marginal note:Loans

  (3) For the purpose of subsection (2), other than paragraph (2)(j), a contribution includes a loan.

• Marginal note:Period for providing documents

  (4) The financial agent of a registered association shall provide the documents referred to in subsection (1) within five months after the end of the fiscal period.