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Political Financing Handbook for Candidates and Official Agents (EC 20155) – February 2018

Note: This handbook is to be used for elections called before June 13, 2019. For later elections, please use the November 2019 version of the handbook.

14. Managing Unpaid Claims and Loans

This chapter explains the rules for administering the campaign's unpaid claims and loans at different times after the election. It covers the following topics:

  • Repaying claims and loans within 36 months
  • Repaying claims and loans after 36 months
  • Requesting authorization for a payment
  • Reporting unpaid claims and loans

Repaying claims and loans within 36 months

Claims and loans should be paid within 36 months after election day. If a claim or loan remains unpaid from the time the original return is filed to 36 months after election day:

  • the official agent does not require authorization from Elections Canada or a judge before paying it
  • after the final payment of the claim or loan, the official agent has to file an updated Candidate's Electoral Campaign Return within 30 days of the payment
  • the updated return must indicate the source of funds used to pay the claim or loan

Repaying claims and loans after 36 months

If a claim or loan is still unpaid 36 months after election day:

  • the official agent has to seek authorization from Elections Canada or a judge before paying it
  • after the final payment of the claim or loan, the official agent has to file an updated Candidate's Electoral Campaign Return within 30 days of the payment

Elections Canada may impose any terms or conditions it considers appropriate on the authorized payment.

Requesting authorization for a payment

The following persons may submit a written application to be paid or to pay a claim or loan later than 36 months after election day:

  • the claimant or lender
  • the official agent
  • the candidate

The application should be made using the Request for Authorization to Pay an Unpaid Claim or Loan form on the Elections Canada website.

The request should include the campaign's bank account statement, showing that the campaign has sufficient funds to make the payment.

Reporting unpaid claims and loans

The candidate's campaign will have to provide different updates on the status of payments if the campaign has unpaid claims or loans after filing the original Candidate's Electoral Campaign Return.

For details about reporting unpaid claims and loans, see the Additional reporting table in Chapter 12, Reporting.

Note: If an elected candidate does not file the updated candidate's return and statements of unpaid claims and loans when required, the Canada Elections Act provides that a member of Parliament shall not continue to sit or vote as a member until the documents are submitted or an extension is granted.