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

Marginal note:Surplus of leadership campaign funds

435.44 The surplus amount of leadership campaign funds that a leadership contestant receives for a leadership contest is the amount by which the sum of amounts referred to in subsection 404.3(3), contributions accepted by the leadership campaign agents on behalf of the contestant and any other amounts that were received by the contestant for his or her leadership campaign and that are not repayable is more than the sum of the contestant’s leadership campaign expenses paid under this Act and the transfers referred to in paragraph 404.2(3)(a).

Marginal note:Notice of assessment and estimate of surplus campaign funds

• 435.45 (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:Disposition of surplus by financial agent

  (2) The financial agent of a leadership contestant who has a surplus of leadership campaign funds but has not received a notice of estimated surplus under subsection (1) shall dispose of that estimated surplus within 60 days after the provision of the contestant’s leadership campaign return.

Marginal note:Period for disposal of surplus funds

• 435.46 (1) The financial agent of a leadership contestant shall dispose of a surplus of leadership campaign funds within 60 days after receiving the notice of estimated surplus.

• Marginal note:Remittance of surplus

  (2) Surplus leadership campaign funds must be transferred to the registered party that is holding the leadership contest or a registered association of that party.

Marginal note:Notice of disposal of surplus

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

• Marginal note:Publication

  (2) As soon as practicable after the disposal of a leadership contestant’s surplus leadership campaign funds, the Chief Electoral Officer shall, in any manner that he or she considers appropriate, publish a notice referred to in subsection (1).

Marginal note:Duty of official agent

436. The official agent of a candidate is responsible for administering the candidate’s financial transactions for his or her electoral campaign and for reporting on those transactions in accordance with the provisions of this Act.