Acts and Regulations

P-9.3 - Political Process Financing Act

Section 91
Disposition versions

Full text
Action for claim for election expenses
91(1)Where a chief agent or official agent contests or fails to pay any claim for election expenses allegedly incurred by him or by a person authorized by him, the claim shall be deemed to be a contested claim and the claimant may, in accordance with subsection (3), bring an action to recover the claim.
91(2)Where an official representative of a registered political party, registered district association, registered independent candidate, leadership contestant or nomination contestant contests any claim for expenditures other than election expenses allegedly incurred by him or by a person authorized by him the claim shall be deemed to be a contested claim and the claimant may, in accordance with subsection (3), bring an action to recover the claim.
91(3)An action in respect of a contested claim may be brought in any court of competent jurisdiction and
(a) in respect of a claim for election expenses against a registered political party, shall be brought in the name of the chief agent of that party at the date of the issue of the writ;
(b) in respect of a claim for election expenses against a candidate, shall be brought in the name of the official agent of that candidate at the date the subject matter of the claim arose;
(c) in respect of a claim for expenditures other than election expenses against a registered political party or registered district association, shall be brought in the name of the official representative of that party or association at the date of the issue of the writ;
(c.1) in respect of a claim for expenditures against a leadership contestant or nomination contestant, shall be brought in the name of the official representative of that contestant at the date the subject matter of the claim arose;
(d) in respect of a claim for expenditures other than election expenses against a registered independent candidate, shall be brought in the name of the official representative of that candidate at the date the subject matter of the claim arose.
91(4)Any property that is within the control of, or from time to time comes within the control of, a registered political party or, by virtue of his office, the chief agent or official representative of that party shall be deemed to be available to satisfy a judgment in favour of a claimant who brings an action under subsection (3) in the name of a chief agent or official representative of that party.
91(5)Any property that is within the control of, or from time to time comes within the control of, a registered district association or, by virtue of his office, the official representative of that association shall be deemed to be available to satisfy a judgment in favour of a claimant who brings an action under subsection (3) in the name of an official representative of that association or in the name of an official agent of an official candidate in the electoral district of the registered political party associated with that association.
91(6)Any property that by virtue of his office is within the control of, or from time to time comes within the control of, the official representative of a registered independent candidate shall be deemed to be available to satisfy a judgment in favour of a claimant who brings an action under subsection (3) in the name of an official representative of that candidate.
91(6.1)Any property that by virtue of his or her office is within the control of, or from time to time comes within the control of, the official representative of a leadership contestant or nomination contestant shall be deemed to be available to satisfy a judgment in favour of a claimant who brings an action under subsection (3) in the name of an official representative of that contestant.
91(7)Any property that by virtue of his office is within the control of, or from time to time comes within the control of the official agent of a candidate shall be deemed to be available to satisfy a judgment in favour of a claimant who brings an action under subsection (3) in the name of an official agent of that candidate.
2015, c.17, s.2.
Action for claim for election expenses
91(1)Where a chief agent or official agent contests or fails to pay any claim for election expenses allegedly incurred by him or by a person authorized by him, the claim shall be deemed to be a contested claim and the claimant may, in accordance with subsection (3), bring an action to recover the claim.
91(2)Where an official representative of a registered political party, registered district association or registered independent candidate contests any claim for expenditures other than election expenses allegedly incurred by him or by a person authorized by him the claim shall be deemed to be a contested claim and the claimant may, in accordance with subsection (3), bring an action to recover the claim.
91(3)An action in respect of a contested claim may be brought in any court of competent jurisdiction and
(a) in respect of a claim for election expenses against a registered political party, shall be brought in the name of the chief agent of that party at the date of the issue of the writ;
(b) in respect of a claim for election expenses against a candidate, shall be brought in the name of the official agent of that candidate at the date the subject matter of the claim arose;
(c) in respect of a claim for expenditures other than election expenses against a registered political party or registered district association, shall be brought in the name of the official representative of that party or association at the date of the issue of the writ;
(d) in respect of a claim for expenditures other than election expenses against a registered independent candidate, shall be brought in the name of the official representative of that candidate at the date the subject matter of the claim arose.
91(4)Any property that is within the control of, or from time to time comes within the control of, a registered political party or, by virtue of his office, the chief agent or official representative of that party shall be deemed to be available to satisfy a judgment in favour of a claimant who brings an action under subsection (3) in the name of a chief agent or official representative of that party.
91(5)Any property that is within the control of, or from time to time comes within the control of, a registered district association or, by virtue of his office, the official representative of that association shall be deemed to be available to satisfy a judgment in favour of a claimant who brings an action under subsection (3) in the name of an official representative of that association or in the name of an official agent of an official candidate in the electoral district of the registered political party associated with that association.
91(6)Any property that by virtue of his office is within the control of, or from time to time comes within the control of, the official representative of a registered independent candidate shall be deemed to be available to satisfy a judgment in favour of a claimant who brings an action under subsection (3) in the name of an official representative of that candidate.
91(7)Any property that by virtue of his office is within the control of, or from time to time comes within the control of the official agent of a candidate shall be deemed to be available to satisfy a judgment in favour of a claimant who brings an action under subsection (3) in the name of an official agent of that candidate.