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

Marginal note:Proceedings to recover payment

• 449. (1) A person who has sent a claim in accordance with section 444 may commence proceedings in a court of competent jurisdiction to recover any unpaid amount

  • (a) at any time, if the candidate or his or her official agent refuses to pay that amount or disputes that it is payable;

  • (b) after the end of the period mentioned in subsection 445(1) or any extension of that period authorized by subsection 447(1) or section 448, in any other case.

• Marginal note:Payment deemed properly made

  (2) An amount paid by an official agent of a candidate 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

• 450. (1) An unpaid claim mentioned in a return referred to in subsection 451(1) that, on the day that is 18 months after polling day for the election to which the return relates, remains unpaid, in whole or in part, is deemed to be a contribution of the unpaid amount to the candidate 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 candidate 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 candidate

  (3) A candidate or an official agent 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:Electoral campaign return of candidate

• 451. (1) The official agent of a candidate shall provide the Chief Electoral Officer with the following in respect of an election:

  • (a) an electoral campaign return, substantially in the prescribed form, on the financing and expenses for the candidate’s electoral campaign;

  • (b) the auditor’s report under section 453 on the return;

  • (c) [Repealed, 2003, c. 19, s. 44]

  • (d) a declaration, in the prescribed form, made by the official agent concerning the return; and

  • (e) a declaration in the prescribed form made by the candidate concerning the return.

• Marginal note:Contents of return

  (2) The electoral campaign return shall include the following in respect of the candidate:

  • (a) a statement of election expenses;

  • (b) a statement of electoral campaign expenses, other than election expenses;

  • (c) [Repealed, 2003, c. 19, s. 44]

  • (d) a statement of disputed claims that are the subject of proceedings under section 449;

  • (e) a statement of unpaid claims that are, or may be, the subject of an application under section 447 or 448;

  • (f) a statement of contributions received;

  • (g) the number of contributors;

  • (g.1) [Repealed, 2006, c. 9, s. 52]

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

  • (h.1) [Repealed, 2006, c. 9, s. 52]

  • (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 himself or herself in his or her 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 to the contributor or otherwise dealt with in accordance with this Act.

• Marginal note:Supporting documents

  (2.1) Together with the electoral campaign return, the official agent of a candidate shall provide to the Chief Electoral Officer documents evidencing expenses set out in the return, including bank statements, deposit slips, cancelled cheques and the candidate’s written statement concerning personal expenses referred to in subsection 456(1).

• Marginal note:Order for additional supporting documents

  (2.2) If the Chief Electoral Officer is of the opinion that the documents provided under subsection (2.1) are not sufficient, the Chief Electoral Officer may require the official agent to provide by a specified date any additional documents that are necessary to comply with that subsection.

• Marginal note:Loans

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

• Marginal note:Period for providing documents

  (4) The documents referred to in subsection (1) must be provided to the Chief Electoral Officer within four months after

  • (a) the day set for polling day; or

  • (b) the publication of a notice of the withdrawal or deemed withdrawal of the writ for the election, in any other case.

• Marginal note:Declaration of candidate

  (5) A candidate shall, within four months after polling day, send to his or her official agent the declaration referred to in paragraph (1)(e).

• Marginal note:Death of candidate

  (6) If a candidate dies without having sent the declaration within the period referred to in subsection (5)

  • (a) he or she is deemed to have sent the declaration in accordance with that subsection;

  • (b) the official agent is deemed to have sent 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 464, 466 and 467.