GreatNorthCollective/greatnorth-canada-federal-laws-text huggingface dataset:
Canada Elections Act — E-2.01 476.78
Only one auditor 476.78 A nomination contestant shall have no more than one auditor at a time. 2014, c. 12, s. 86
Canada Elections Act — E-2.01 476.79
Prohibition — auditors 476.79 No person who is ineligible to be an auditor of a nomination contestant shall act in that capacity. 2014, c. 12, s. 86
Canada Elections Act — E-2.01 476.8
Auditor’s report 476.8 (1) A nomination contestant’s auditor appointed in accordance with subsection 476.77(1) shall, as soon as feasible after the selection date, report to the contestant’s financial agent on the nomination campaign return for that campaign 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 of 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 nomination 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 476.77(3) who is a partner or an associate of a nomination 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
Canada Elections Act — E-2.01 476.81
Nomination contestants outside Canada 476.81 (1) Despite subsection 476.75(7), a nomination contestant who is outside Canada when the documents referred to in paragraphs 476.75(1)(a) to (c) are provided to the Chief Electoral Officer need not send their financial agent the declaration referred to in paragraph 476.75(1)(d) within the period referred to in subsection 476.75(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 476.75(1), the financial agent need not provide the Chief Electoral Officer with the nomination contestant’s declaration referred to in paragraph 476.75(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-2.01 476.82
Statement of personal expenses 476.82 (1) A nomination contestant shall, within three months after the selection date, 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 476.65(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 nomination 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 nomination contestant who dies before the end of the three-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 nomination contestant pays a litigation expense other than from the bank account referred to in subsection 476.65(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. 283
Canada Elections Act — E-2.01 476.83
Minor corrections — Chief Electoral Officer 476.83 (1) The Chief Electoral Officer may correct a document referred to in subsection 476.75(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 nomination contestant’s financial agent to correct or revise, within a specified period, a document referred to in subsection 476.75(1), (10), (11), (12) or (15). Deadline for corrections or revisions (3) If the Chief Electoral Officer requests the correction or revision, the nomination 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-2.01 476.84
Extensions — Chief Electoral Officer 476.84 (1) The Chief Electoral Officer, on the written application of a nomination contestant or their financial agent, shall authorize the extension of a period referred to in subsection 476.75(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 476.75(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-2.01 476.85
Corrections or revisions — Chief Electoral Officer 476.85 (1) The Chief Electoral Officer, on the written application of a nomination contestant or their financial agent, shall authorize the correction or revision of a document referred to in subsection 476.75(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 corrections or revisions (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 their 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 their failure to exercise due diligence. 2014, c. 12, s. 86
Canada Elections Act — E-2.01 476.86
Extensions, corrections or revisions — judge 476.86 (1) A nomination 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 476.83(2); (b) authorizing an extension referred to in subsection 476.84(1); or (c) authorizing a correction or revision referred to in subsection 476.85(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 476.83(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 476.84(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 476.84, or (iii) the end of the extended period referred to in subsection 476.84(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 476.85. 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 476.83(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 their 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-2.01 476.87
Appearance of financial agent before judge 476.87 (1) A judge dealing with an application under section 476.86 or 476.88 who is satisfied that a nomination contestant or a financial agent has not provided the documents referred to in subsection 476.75(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 or 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-2.01 476.88
Recourse of contestant for fault of financial agent 476.88 A nomination 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-2.01 476.89
Destruction of documents — judge 476.89 (1) A nomination 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 476.75(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-2.01 476.891
Prohibition — false or misleading declaration 476.891 No nomination contestant shall send to their financial agent a declaration referred to in paragraph 476.75(1)(d) that they know or reasonably ought to know is false or misleading. 2018, c. 31, s. 284
Canada Elections Act — E-2.01 476.9
Prohibition — false, misleading or incomplete document 476.9 No financial agent of a nomination contestant shall provide the Chief Electoral Officer with a document referred to in subsection 476.75(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 476.75(1)(a), does not substantially set out the information required under subsection 476.75(2) and, in the case of a document referred to in subsection 476.75(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. 285
Canada Elections Act — E-2.01 476.901
Certificate 476.901 (1) On receipt of the documents referred to in subsection 476.75(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 nomination contestant’s nomination 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 selection date. 2018, c. 31, s. 285
Canada Elections Act — E-2.01 476.91
Surplus of nomination campaign funds 476.91 (1) The surplus amount of nomination campaign funds that a nomination contestant receives for a nomination contest is the amount by which the sum of the following is more than the sum of the contestant’s nomination campaign expenses paid from the bank account referred to in subsection 476.65(1) and any transfers referred to in paragraph 364(5)(a): (a) contributions accepted by the financial agent on behalf of the contestant; (b) money received from the sale referred to in subsection (2); and (c) any other amounts received by the contestant for their nomination campaign that are required to be deposited into the bank account referred to in subsection 476.65(1) and are not repayable. Sale of capital assets (2) Before the surplus amount of nomination campaign funds is disposed of in accordance with sections 476.92 and 476.93, a nomination contestant’s financial agent shall sell, at their fair market value, any capital assets whose acquisition constitutes a nomination campaign expense. 2014, c. 12, s. 86 2018, c. 31, s. 286
Canada Elections Act — E-2.01 476.92
Notice of estimated surplus 476.92 (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. Disposal of surplus funds (2) The nomination contestant’s financial agent shall dispose of a surplus of nomination campaign funds within 60 days after the day on which they receive the notice of estimated surplus. Disposal without notice (3) If a nomination contestant has a surplus of nomination 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 nomination campaign return. 2014, c. 12, s. 86
Canada Elections Act — E-2.01 476.93
Method of disposal of surplus 476.93 A nomination contestant’s financial agent shall dispose of surplus nomination campaign funds by transferring them to (a) the official agent of the candidate endorsed by the registered party in the electoral district in which the nomination contest was held; or (b) the registered association that held the nomination contest or the registered party for whose endorsement the contest was held. 2014, c. 12, s. 86
Canada Elections Act — E-2.01 476.94
Notice of disposal of surplus 476.94 (1) A nomination contestant’s financial agent shall, within seven days after disposing of the contestant’s surplus nomination 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 nomination contestant’s surplus nomination 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-2.01 477
Deeming 477 For the purposes of Division 1 of this Part and this Division, except sections 477.89 to 477.95, a candidate is deemed to have been a candidate from the time they accept a provision of goods or services under section 364, accept a transfer of funds under that section, accept a contribution, borrow money under section 373 or incur an electoral campaign expense within the meaning of subsection 375(1). 2000, c. 9, s. 477; 2014, c. 12, s. 86 2018, c. 31, s. 287
Canada Elections Act — E-2.01 477.1
Duty to appoint official agent 477.1 (1) A candidate shall appoint an official agent before accepting a provision of goods or services under section 364, accepting a transfer of funds under that section, accepting a contribution, borrowing money under section 373 or incurring an electoral campaign expense within the meaning of subsection 375(1). Appointment of auditor (2) A candidate shall appoint an auditor without delay if (a) they accept contributions of $10,000 or more in total; (b) they incur electoral campaign expenses of $10,000 or more in total; or (c) they receive 10% or more of the valid votes cast in the electoral district in which they are a candidate. 2014, c. 12, s. 86 2018, c. 31, s. 288
Canada Elections Act — E-2.01 477.2
Official agent — ineligibility 477.2 The following persons are ineligible to be an official agent: (a) an election officer or a member of the staff of a returning officer; (b) a candidate; (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 they ordinarily reside. 2014, c. 12, s. 86
Canada Elections Act — E-2.01 477.3
Auditor — eligibility 477.3 (1) Only the following are eligible to be an auditor for a candidate: (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. 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 candidate or any other candidate; (c) the official agent of the candidate or any other candidate; (d) the chief agent of a registered party or an eligible party; (e) a registered agent of a registered party; (f) an electoral district agent of a registered association; (g) a leadership contestant and their leadership campaign agent; (h) a nomination contestant and their financial agent; and (i) a financial agent of a registered third party. 2014, c. 12, s. 86
Canada Elections Act — E-2.01 477.4
If partnership appointed as auditor 477.4 Subject to sections 477.2 and 477.3, a person may be appointed as official agent or auditor for a candidate even if the person is a member of a partnership that has been appointed in accordance with this Act as an auditor for (a) a candidate in an electoral district other than the electoral district of the candidate for whom the appointment is being made; or (b) a registered party. 2014, c. 12, s. 86
Canada Elections Act — E-2.01 477.41
Consent 477.41 A candidate shall obtain from the official agent or auditor, on appointment, their signed consent to act in that capacity. 2014, c. 12, s. 86
Canada Elections Act — E-2.01 477.42
Replacement of official agent or auditor 477.42 In the event of the death, incapacity, resignation or ineligibility of an official agent or an auditor, or the revocation of the appointment of one, the candidate shall without delay appoint a replacement. 2014, c. 12, s. 86
Canada Elections Act — E-2.01 477.43
Only one official agent and auditor 477.43 A candidate shall have no more than one official agent and one auditor at a time. 2014, c. 12, s. 86
Canada Elections Act — E-2.01 477.44
Prohibition — official agents 477.44 (1) No person who is ineligible to be an official agent of a candidate shall act in that capacity. Prohibition — auditor (2) No person who is ineligible to be an auditor of a candidate shall act in that capacity. 2014, c. 12, s. 86
Canada Elections Act — E-2.01 477.45
Duty of official agent 477.45 A candidate’s official agent is responsible for administering the candidate’s financial transactions for their electoral campaign and for reporting on those transactions in accordance with this Act. 2014, c. 12, s. 86
Canada Elections Act — E-2.01 477.46
Bank account 477.46 (1) A candidate’s official agent shall open, for the sole purpose of the candidate’s electoral 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. Account holder name (2) The account shall name the account holder as follows: “( name of official agent ), official agent”. Deposits into account (3) All of a candidate’s financial transactions in relation to the candidate’s electoral campaign that involve the receipt of money are to be deposited to the account unless the transaction involves the receipt of the candidate’s own funds and those funds are used to pay a litigation expense or a personal expense. Payments from account (3.1) All of a candidate’s financial transactions in relation to the candidate’s electoral campaign that involve the payment of money are to be paid from the account unless the transaction involves the payment out of the candidate’s own funds of a litigation expense or a personal expense. Closure of bank account (4) After the election or the withdrawal or death of a candidate, the candidate’s official agent shall close the account once all unpaid claims and surplus electoral funds have been dealt with in accordance with this Act. Final statement of bank account (5) The official agent shall, on closing the account, provide the Chief Electoral Officer with the final statement of the account. 2014, c. 12, s. 86 2018, c. 31, s. 289