GreatNorthCollective/greatnorth-canada-federal-laws-text huggingface dataset:
Canada Elections Act — E-2.01 478.83
Auditor’s report 478.83 (1) As soon as feasible after the end of a leadership contest, the auditor of a leadership contestant who has accepted contributions of $10,000 or more in total or incurred leadership campaign expenses of $10,000 or more in total shall report to the contestant’s financial agent on the leadership campaign return for that contest and shall, in accordance with generally accepted auditing standards, make any examination that will enable the auditor to give an opinion in the report as to whether the return presents fairly the information contained in the financial records on which it is based. Statement (2) The auditor shall include in the report any statement that the auditor considers necessary if (a) the return does not present fairly the information contained in the financial records on which it is based; (b) the auditor has not received all the information and explanations that the auditor required; or (c) based on the examination, it appears that the financial agent has not kept proper financial records. Right of access (3) The auditor shall have access at any reasonable time to all of the leadership contestant’s documents, and may require the contestant and their financial agent to provide any information or explanation that, in the auditor’s opinion, may be necessary to enable the auditor to prepare the report. Ineligible to prepare report (4) No person referred to in subsection 478.61(2) who is a partner or an associate of a leadership contestant’s auditor or who is an employee of that auditor, or of the firm in which that auditor is a partner or associate, shall participate, other than in the manner referred to in subsection (3), in the preparation of the auditor’s report. 2014, c. 12, s. 86 2018, c. 31, s. 314
Canada Elections Act — E-2.01 478.84
Leadership contestants outside Canada 478.84 (1) Despite subsection 478.8(7), a leadership contestant who is outside Canada when the documents referred to in paragraphs 478.8(1)(a) to (c) are provided to the Chief Electoral Officer need not send their financial agent the declaration referred to in paragraph 478.8(1)(d) within the period referred to in subsection 478.8(7), but if the contestant does not send it to their financial agent within that period then the contestant shall provide the Chief Electoral Officer with the declaration no later than 14 days after the day on which the contestant returns to Canada. Financial agent relieved of obligation (2) Despite subsection 478.8(1), the financial agent need not provide the Chief Electoral Officer with the leadership contestant’s declaration referred to in paragraph 478.8(1)(d) if, in the circumstances set out in subsection (1), the contestant has not sent it to the financial agent. 2014, c. 12, s. 86
Canada Elections Act — E-2.01 478.85
Statement of personal expenses 478.85 (1) A leadership contestant shall, within five months after the end of the leadership contest, send their financial agent a written statement in the prescribed form that (a) sets out the following: (i) the amount of any travel and living expenses paid by the contestant and details of those expenses, and (ii) the amount of any litigation expenses and personal expenses paid by the contestant, details of those expenses and an indication of which of them were paid other than from the bank account referred to in subsection 478.72(1) and the source of the funds used to pay them; or (b) declares that the contestant did not pay for any travel and living expenses, litigation expenses or personal expenses. Supporting documents (1.1) Together with the statement referred to in paragraph (1)(a), the leadership contestant shall send their financial agent documents evidencing the payment of the expenses referred to in the statement. Death of contestant (2) Subsection (1) does not apply to a leadership contestant who dies before the end of the five-month period referred to in that subsection without having sent the written statement. Subsequent payments — litigation expenses (3) If, after having sent their financial agent the statement referred to in subsection (1), a leadership contestant pays a litigation expense other than from the bank account referred to in subsection 478.72(1), the contestant shall, as soon as feasible after paying it, (a) notify their financial agent of the payment; (b) inform their financial agent of the amount of the expense, the details of the expense and the source of the funds used to pay it; and (c) send their financial agent documents evidencing payment of the expense. 2014, c. 12, s. 86 2018, c. 31, s. 315
Canada Elections Act — E-2.01 478.86
Minor corrections — Chief Electoral Officer 478.86 (1) The Chief Electoral Officer may correct a document referred to in subsection 478.8(1), (10), (11), (12) or (15) if the correction does not materially affect its substance. Corrections or revisions at request of Chief Electoral Officer (2) The Chief Electoral Officer may in writing request a leadership contestant’s financial agent to correct or revise, within a specified period, a document referred to in subsection 478.8(1), (10), (11), (12) or (15). Deadline for correction or revision (3) If the Chief Electoral Officer requests the correction or revision, the leadership contestant’s financial agent shall provide the Chief Electoral Officer with the corrected or revised version of the document within the specified period. 2014, c. 12, s. 86
Canada Elections Act — E-2.01 478.87
Extensions — Chief Electoral Officer 478.87 (1) The Chief Electoral Officer, on the written application of a leadership contestant or their financial agent, shall authorize the extension of a period referred to in subsection 478.8(7), (10), (11), (12) or (15), unless he or she is satisfied that the financial agent’s failure to provide the required documents was deliberate or was the result of the financial agent’s failure to exercise due diligence. Deadline (2) The application may be made within the period referred to in subsection 478.8(7), (10), (11), (12) or (15) or within two weeks after the end of that period. 2014, c. 12, s. 86
Canada Elections Act — E-2.01 478.88
Corrections or revisions — Chief Electoral Officer 478.88 (1) The Chief Electoral Officer, on the written application of a leadership contestant or their financial agent, shall authorize the correction or revision of a document referred to in subsection 478.8(1), (10), (11), (12) or (15) if he or she is satisfied by the evidence submitted by the applicant that the correction or revision is necessary in order for the requirements of this Act to be complied with. Application made without delay (2) The application shall be made immediately after the applicant becomes aware of the need for correction or revision. Deadline for correction or revision (3) The applicant shall provide the Chief Electoral Officer with the corrected or revised version of the document within 30 days after the day on which the correction or revision is authorized or within any extension of that period authorized under subsection (4) or (5). New deadline (4) The Chief Electoral Officer, on the written application of the applicant made within two weeks after the end of the 30-day period referred to in subsection (3), shall authorize the extension of that period, unless he or she is satisfied that the applicant’s failure to provide the corrected or revised version of the document was deliberate or was the result of the applicant’s failure to exercise due diligence. Extension of new deadline (5) The Chief Electoral Officer, on the written application of the applicant made within two weeks after the end of an extension authorized under subsection (4) or under this subsection, shall authorize the further extension of that period, unless he or she is satisfied that the applicant’s failure to provide the corrected or revised version of the document was deliberate or was the result of the applicant’s failure to exercise due diligence. 2014, c. 12, s. 86
Canada Elections Act — E-2.01 478.89
Extensions, corrections or revisions — judge 478.89 (1) A leadership contestant or their financial agent may apply to a judge for an order (a) relieving the financial agent from the obligation to comply with a request referred to in subsection 478.86(2); (b) authorizing an extension referred to in subsection 478.87(1); or (c) authorizing a correction or revision referred to in subsection 478.88(1). The applicant shall notify the Chief Electoral Officer that the application has been made. Deadline (2) The application may be made (a) under paragraph (1)(a), within the specified period referred to in subsection 478.86(2) or within the two weeks after the end of that period; (b) under paragraph (1)(b), within two weeks after, as the case may be, (i) if an application for an extension is not made to the Chief Electoral Officer within the period referred to in subsection 478.87(2), the end of the two-week period referred to in that subsection, (ii) the rejection of an application for an extension made in accordance with section 478.87, or (iii) the end of the extended period referred to in subsection 478.87(1); or (c) under paragraph (1)(c), within two weeks after the rejection of an application for a correction or revision made in accordance with section 478.88. Grounds — relief from compliance (3) The judge shall grant an order relieving the financial agent from the obligation to comply with a request referred to in subsection 478.86(2) if the judge is satisfied by the evidence submitted by the applicant that the correction or revision is not necessary in order for the requirements of this Act to be complied with. Grounds — extension (4) The judge shall grant an order authorizing an extension unless the judge is satisfied that the financial agent’s failure to provide the required documents was deliberate or was the result of the financial agent’s failure to exercise due diligence. Grounds — corrections or revisions (5) The judge shall grant an order authorizing a correction or revision if the judge is satisfied by the evidence submitted by the applicant that the correction or revision is necessary in order for the requirements of this Act to be complied with. Contents of order (6) An order under subsection (1) may require that the applicant satisfy any condition that the judge considers necessary for carrying out the purposes of this Act. 2014, c. 12, s. 86
Canada Elections Act — E-2.01 478.9
Appearance of financial agent before judge 478.9 (1) A judge dealing with an application under section 478.89 or 478.91 who is satisfied that a leadership contestant or a financial agent has not provided the documents referred to in subsection 478.8(1), (10), (11), (12) or (15) in accordance with this Act because of a failure of the financial agent or a predecessor of the financial agent shall, by order served personally, require the financial agent or that predecessor to appear before the judge. Show cause orders (2) The judge shall, unless the financial agent or predecessor on his or her appearance shows cause why an order should not be issued, order in writing that the agent of predecessor (a) do anything that the judge considers appropriate in order to remedy the failure; or (b) be examined concerning any information that pertains to the failure. 2014, c. 12, s. 86
Canada Elections Act — E-2.01 478.91
Recourse of contestant for fault of financial agent 478.91 A leadership contestant may apply to a judge for an order that relieves the contestant from any liability or consequence under this or any other Act of Parliament in relation to an act or omission of the contestant’s financial agent, if the contestant establishes that (a) it occurred without his or her knowledge or acquiescence; or (b) he or she exercised all due diligence to avoid its occurrence. The contestant shall notify the Chief Electoral Officer that the application has been made. 2014, c. 12, s. 86
Canada Elections Act — E-2.01 478.92
Destruction of documents — judge 478.92 (1) A leadership contestant or their financial agent may apply to a judge for an order relieving the financial agent from the obligation to provide a document referred to in subsection 478.8(1), (10), (11), (12) or (15). The applicant shall notify the Chief Electoral Officer that the application has been made. Grounds (2) The judge may grant the order only if the judge is satisfied that the applicant cannot provide the documents because of their destruction by a superior force, including a flood, fire or other disaster. 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. 2014, c. 12, s. 86
Canada Elections Act — E-2.01 478.921
Prohibition — false or misleading declaration 478.921 No leadership contestant shall send to their financial agent a declaration referred to in paragraph 478.8(1)(d) that they know or ought reasonably to know is false or misleading. 2018, c. 31, s. 316
Canada Elections Act — E-2.01 478.93
Prohibition — false, misleading or incomplete document 478.93 No financial agent of a leadership contestant shall provide the Chief Electoral Officer with a document referred to in subsection 478.8(1), (10), (11), (12) or (15) that (a) the financial agent knows or ought reasonably to know contains a material statement that is false or misleading; or (b) in the case of a document referred to in paragraph 478.8(1)(a), does not substantially set out the information required under subsection 478.8(2) and, in the case of a document referred to in subsection 478.8(10), (11), (12) or (15), does not substantially set out the information required under that subsection. 2014, c. 12, s. 86 2018, c. 31, s. 317
Canada Elections Act — E-2.01 478.931
Certificate 478.931 (1) On receipt of the documents referred to in subsection 478.8(1), including the auditor’s report, and a copy of the auditor’s invoice for the report, the Chief Electoral Officer shall provide the Receiver General with a certificate that sets out the greater of (a) the amount of the expenses incurred for the audit, up to a maximum of the lesser of 3% of the leadership contestant’s leadership contest expenses and $1,500, and (b) $250. Payment (2) On receipt of the certificate, the Receiver General shall pay the amount set out in it to the auditor out of the Consolidated Revenue Fund. Inflation adjustment factor (3) The $1,500 amount set out in paragraph (1)(a) and the $250 amount set out in paragraph (1)(b) shall be multiplied by the inflation adjustment factor referred to in section 384 that is in effect on the day on which the leadership contest ends. 2018, c. 31, s. 318
Canada Elections Act — E-2.01 478.94
Surplus of leadership campaign funds 478.94 (1) The surplus amount of leadership campaign funds that a leadership contestant receives for a leadership contest is the amount by which the sum of the following is more than the sum of the contestant’s leadership campaign expenses paid from the bank account referred to in subsection 478.72(1) and any transfers referred to in paragraph 364(5)(b): (a) contributions accepted by the leadership campaign agents on behalf of the contestant; (b) money received from the sale referred to in subsection (2); (c) amounts referred to in subsection 365(3); and (d) any other amounts received by the contestant for their leadership campaign that are required to be deposited into the bank account referred to in subsection 478.72(1) and are not repayable. Sale of capital assets (2) Before the surplus amount of leadership campaign funds is disposed of in accordance with sections 478.95 and 478.96, a leadership contestant’s financial agent shall sell, at their fair market value, any capital assets whose acquisition constitutes a leadership campaign expense. 2014, c. 12, s. 86 2018, c. 31, s. 319
Canada Elections Act — E-2.01 478.95
Notice of estimated surplus 478.95 (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. Disposal of surplus funds (2) The leadership contestant’s financial agent shall dispose of a surplus of leadership campaign funds within 60 days after the day on which they receive the notice of estimated surplus. Disposal without notice (3) If a leadership contestant has a surplus of leadership campaign funds but their financial agent has not received a notice of estimated surplus, the financial agent shall dispose of the surplus within 60 days after the day on which the Chief Electoral Officer is provided with the contestant’s leadership campaign return. 2014, c. 12, s. 86
Canada Elections Act — E-2.01 478.96
Method of disposal of surplus 478.96 The leadership contestant’s financial agent shall dispose of surplus leadership campaign funds by transferring them to the registered party that is holding the leadership contest or a registered association of that party. 2014, c. 12, s. 86
Canada Elections Act — E-2.01 478.97
Notice of disposal of surplus 478.97 (1) A leadership contestant’s financial agent shall, within seven days after disposing of the contestant’s surplus leadership campaign funds, give the Chief Electoral Officer a notice in the prescribed form of the amount and date of the disposal and to whom the surplus was transferred. Publication (2) As soon as feasible after the disposal of a leadership contestant’s surplus leadership campaign funds, the Chief Electoral Officer shall publish the notice in any manner that he or she considers appropriate. 2014, c. 12, s. 86
Canada Elections Act — E-2.01 479
Duty to maintain order 479 (1) Every returning officer is responsible for maintaining order in his or her office during voting in accordance with Division 4 of Part 11. Duty to maintain order (2) Every election officer is responsible for maintaining order during voting hours at any place where voting takes place in accordance with Part 9 or 10. Order to leave (3) In performing his or her duty under subsection (1) or (2), an election officer may order a person to leave the returning officer’s office or other place where the vote is taking place if the person is committing — or the officer believes on reasonable grounds that the person has committed — in the office or place an offence under this Act, any other Act of Parliament or any regulation made under any other Act of Parliament that threatens the maintenance of order. Order must be obeyed (4) Every person in respect of whom an order is made to leave an office or place must obey it without delay. (5) [Repealed, 2018, c. 31, s. 320] (6) [Repealed, 2018, c. 31, s. 320] Removal of material (7) If a returning officer or other election officer believes on reasonable grounds that a person has contravened paragraph 166(1)(a) or (b), the officer may cause any material that they believe on reasonable grounds was used in contravention of that paragraph to be removed from, in the case of a returning officer, his or her office or, in the case of any other election officer, the polling station. Peace officer protection (8) Every election officer has, while exercising their powers or performing their duties under this section, all the protection that a peace officer has by law. 2000, c. 9, s. 479 2018, c. 31, s. 320
Canada Elections Act — E-2.01 480
Obstruction, etc., of electoral process 480 (1) Every person is guilty of an offence who, with the intention of delaying or obstructing the electoral process, contravenes this Act, otherwise than by committing an offence under subsection (2) or section 480.1, 481, 482 or 482.1 or contravening a provision referred to in any of sections 484 to 499. Public meetings (2) Every person is guilty of an offence who, at any time between the issue of a writ and the day after polling day at the election, acts, incites others to act or conspires to act in a disorderly manner with the intention of preventing the transaction of the business of a public meeting called for the purposes of the election. 2000, c. 9, s. 480 2018, c. 31, s. 321
Canada Elections Act — E-2.01 480.1
Impersonation 480.1 (1) Every person is guilty of an offence who, with intent to mislead, falsely represents themselves to be, or causes anyone to falsely represent themselves to be, (a) the Chief Electoral Officer, a member of the Chief Electoral Officer’s staff or a person who is authorized to act on the Chief Electoral Officer’s behalf; (b) an election officer or a person who is authorized to act on an election officer’s behalf; (c) a person who is authorized to act on behalf of the Office of the Chief Electoral Officer; (d) a person who is authorized to act on behalf of a registered party or a registered association; or (e) a candidate or a person who is authorized to act on a candidate’s behalf. Exception (2) A person does not commit an offence under subsection (1) if they establish that the representation was manifestly for the purpose of parody or satire. 2014, c. 12, s. 88 2018, c. 31, s. 322
Canada Elections Act — E-2.01 481
Misleading publications 481 (1) Every person or entity is guilty of an offence that, during an election period, distributes, transmits or publishes any material, regardless of its form, that purports to be made, distributed, transmitted or published by or under the authority of the Chief Electoral Officer, or a returning officer, political party, candidate or prospective candidate if (a) the person or entity was not authorized by the Chief Electoral Officer or that returning officer, political party, candidate or prospective candidate to distribute, transmit or publish it; and (b) the person or entity distributes, transmits or publishes it with the intent of misleading the public into believing that it was made, distributed, transmitted or published by or under the authority of the Chief Electoral Officer, or that returning officer, political party, candidate or prospective candidate. Factors (2) In determining whether a person or entity has committed an offence under subsection (1) the court may consider whether the material included the use of (a) a name, logo, social media account identifier, username or domain name that is distinctive and commonly associated with the Chief Electoral Officer, a returning officer, or the political party, candidate or prospective candidate, as the case may be; or (b) the name, voice, image or signature of the Chief Electoral Officer, a returning officer, or the candidate or prospective candidate or of a public figure who is associated with the political party. Exception — parody or satire (3) A person or entity does not commit an offence under subsection (1) if they establish that the material was manifestly distributed, transmitted or published for the purpose of parody or satire. 2000, c. 9, s. 481 2018, c. 31, s. 323
Canada Elections Act — E-2.01 482
Unauthorized use of computer 482 (1) Every person or entity is guilty of an offence that, fraudulently, and with the intention of affecting the results of an election, (a) by means of an electro-magnetic, acoustic, mechanical or other device, intercepts or causes to be intercepted, directly or indirectly, any function of a computer system; (b) uses or causes to be used, directly or indirectly, a computer system with intent to (i) commit an offence under paragraph (a), (ii) destroy or alter computer data, (iii) render computer data meaningless, useless or ineffective, (iv) obstruct, interrupt or interfere with the lawful use of computer data, or (v) obstruct, interrupt or interfere with a person or entity in the lawful use of computer data or deny access to computer data to a person or entity that is entitled to access to it; (c) uses, possesses or traffics in, or permits another person or entity to have access to, a computer password that would enable a person or entity to commit an offence under paragraph (a) or (b); or (d) attempts to commit any offence referred to in paragraphs (a) to (c). Words and expressions (2) Words and expressions used in subsection (1) have the same meaning as in subsection 342.1(2) of the Criminal Code . 2000, c. 9, s. 482 2018, c. 31, s. 323