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Political Financing Handbook for Candidates and Official Agents (EC 20155) – June 2019 – Archived Content

This document is Elections Canada's archived guideline OGI 2019-02 and is no longer in effect.

An updated version of this document is available in Tools for Candidates.

17. 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 must be paid within 36 months after election day.

If the campaign pays a claim or loan after the original return is filed and up 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 each 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
Example

The campaign still has 10 unpaid claims after filing the candidate's return. Later that year, it receives its reimbursement from Elections Canada and uses the funds to pay 8 claims in full and 2 claims in part. Within 30 days, the official agent files an updated return to report the final payment of the 8 claims. The next year, the campaign receives a transfer from the registered association and makes the final payments on the last 2 claims. The official agent files another updated return within 30 days.

Note: A campaign with many unpaid claims may wish to pay them in groups so that it can submit fewer updates. It cannot wait until the end of the 36 months to report on all final payments made since the return was filed.

Repaying claims and loans after 36 months

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

  • the official agent or the candidate 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
  • the updated return must indicate the source of funds used to pay the claim or loan

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 15, Reporting.