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

Marginal note:Destruction of documents — judge

• 478.37 (1) A nomination contestant or his or her financial agent may apply to a judge who is competent to conduct a recount for an order relieving the financial agent from the obligation to provide a document referred to in subsection 478.23(1) or 478.3(1). The contestant or financial agent shall notify the Chief Electoral Officer that the application has been made.

• Marginal note:Grounds

  (2) The judge may not grant the order unless he or she is satisfied that the applicant cannot provide the documents because of their destruction by a superior force, including a flood, fire or other disaster.

• Marginal note:Date of relief

  (3) For the purposes of this Act, the applicant is relieved from the obligation referred to in subsection (1) on the date of the order.

Marginal note:Prohibition — false, misleading or incomplete returns

478.38 No nomination contestant and no financial agent of a nomination contestant shall provide the Chief Electoral Officer with a document referred to in subsection 478.23(1) or 478.3(1) 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) does not substantially set out the information required by subsection 478.23(2) or required to be updated under subsection 478.3(1).

Marginal note:Surplus of nomination campaign funds

478.39 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 his or her 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 404.2(3)(b).

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

• 478.4 (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:Disposition of surplus by financial agent

  (2) The financial agent of a nomination contestant who has a surplus of nomination 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 nomination campaign return.