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

478.11 [Repealed, 2014, c. 12, s. 86]

478.12 [Repealed, 2014, c. 12, s. 86]

478.13 [Repealed, 2014, c. 12, s. 86]

478.14 [Repealed, 2014, c. 12, s. 86]

478.15 [Repealed, 2014, c. 12, s. 86]

478.16 [Repealed, 2014, c. 12, s. 86]

478.17 [Repealed, 2014, c. 12, s. 86]

478.18 [Repealed, 2014, c. 12, s. 86]

478.19 [Repealed, 2014, c. 12, s. 86]

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

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

478.21 [Repealed, 2014, c. 12, s. 86]

478.22 [Repealed, 2014, c. 12, s. 86]

478.23 [Repealed, 2014, c. 12, s. 86]

478.24 [Repealed, 2014, c. 12, s. 86]

478.25 [Repealed, 2014, c. 12, s. 86]

478.26 [Repealed, 2014, c. 12, s. 86]

478.27 [Repealed, 2014, c. 12, s. 86]

478.28 [Repealed, 2014, c. 12, s. 86]

478.29 [Repealed, 2014, c. 12, s. 86]

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

  (2) The application shall be accompanied by the following:

  • (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

  (3) The Chief Electoral Officer shall register a leadership contestant who meets the requirements set out in subsections (1) and (2). In the case of a refusal to register, the Chief Electoral Officer shall indicate which of those requirements have not been met.

478.31 [Repealed, 2014, c. 12, s. 86]

478.32 [Repealed, 2014, c. 12, s. 86]

478.33 [Repealed, 2014, c. 12, s. 86]

478.34 [Repealed, 2014, c. 12, s. 86]

478.35 [Repealed, 2014, c. 12, s. 86]

478.36 [Repealed, 2014, c. 12, s. 86]

478.37 [Repealed, 2014, c. 12, s. 86]

478.38 [Repealed, 2014, c. 12, s. 86]

478.39 [Repealed, 2014, c. 12, s. 86]

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).

478.41 [Repealed, 2014, c. 12, s. 86]

478.42 [Repealed, 2014, c. 12, s. 86]

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

  (2) Within 30 days after the appointment of a leadership campaign agent, the leadership contestant shall provide the Chief Electoral Officer with a written report, certified by the contestant’s financial agent, that includes the leadership campaign agent’s name and address and any terms and conditions to which the appointment is subject. The Chief Electoral Officer shall register that information in the registry of leadership contestants.

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

  (2) The following persons are ineligible to be an auditor:

  • (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

  (3) A person may be appointed as agent for a leadership contestant even if the person is a member of a partnership that has been appointed as an auditor, in accordance with this Act, for the registered party.

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

  (2) No person who is ineligible to be an auditor of a leadership contestant shall act in that capacity.

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

  (2) If the report involves the replacement of the leadership contestant’s auditor or financial agent, it shall include a copy of the signed consent referred to in section 478.62.

• Marginal note:Registration of change

  (3) The Chief Electoral Officer shall enter any change in the information referred to in this section in the registry of leadership contestants.

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 BFinancial 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

  (2) The account shall name the account holder as follows: “(name of financial agent), financial agent”.

• Marginal note:Deposits into account

  (3) All of a leadership contestant’s financial transactions in relation to the contestant’s leadership campaign that involve the receipt of money are to be deposited to the account unless the transaction involves the receipt of the contestant’s own funds and those funds are used to pay a litigation expense or a personal expense.

• Marginal note:Payments from account

  (3.1) All of a leadership contestant’s financial transactions in relation to the contestant’s leadership campaign that involve the payment of money are to be paid from the account unless the transaction involves the payment out of the contestant’s own funds of a litigation expense or a personal expense.

• Marginal note:Closure of bank account

  (4) After the end of the leadership contest or the withdrawal or death of the leadership contestant, the contestant’s financial agent shall close the account once all unpaid claims and surplus leadership campaign funds have been dealt with in accordance with this Act.

• Marginal note:Final statement of bank account

  (5) The financial agent shall, on closing the account, provide the Chief Electoral Officer with the final statement of the account.