E-3.3 - Election Act

Section 445 Disposition versions

1992-06-23

445. Before filing the return and the declaration prescribed in sections 432 and 434, an official agent must have discharged all the claims received within the period of time prescribed in section 425.

However, the official agent shall mention, in his return, every undischarged claim and indicate whether he contests the claim or cannot discharge it owing to insufficient election funds.

No contested claim may be discharged by the official agent, by the leader of a party or by a candidate. Only the official representative may discharge it in execution of a judgment from a court of competent jurisdiction obtained by the creditor after a hearing and not following acquiescence in the demand or a settlement agreement.

The Chief Electoral Officer may allow the official representative of an authorized entity to discharge any claim that has not been discharged owing to insufficient election funds, and he may, if there is no objection from a party or candidate, allow him to discharge a contested claim if the refusal or nonpayment results from an error in good faith.

1989, c. 1, s. 445; 1992, c. 38, s. 71.

1989-04-24

445. Before filing the return and declaration prescribed in sections 432 and 434, an official agent must have discharged all the claims received within the period prescribed in section 425 unless he contests them and indicates them as contested.

In no case may the official agent, the party leader or the candidate pay a claim so contested. Only the official representative may pay the claim in execution of a judgment of a competent court in favour of the creditor after the hearing of the case and not upon an acquiescence in the demand or an agreement of settlement.

The chief electoral officer may, if no party or candidate objects, authorize the official representative of an authorized entity to pay a contested claim if the refusal or failure to pay results from a bona fide error.

1989, c. 1, s. 445.