A A A

First Session, Thirty-Seventh Legislature

This version is based on the printed bill that was distributed in the Legislature after First Reading.
It is not the official version.   If accuracy is critical, you can obtain a copy of the printed bill from Statutory Publications.

Bill 4

THE ELECTIONS FINANCES AMENDMENT ACT


Explanatory Note

(Assented to                                         )

HER MAJESTY, by and with the advice and consent of the Legislative Assembly of Manitoba, enacts as follows:

C.C.S.M. c. E32 amended

1           The Elections Finances Act is amended by this Act.

2(1)        Section 1 is amended by adding the following definition in alphabetical order:

"advertising expenses" means money spent or liabilities incurred, and the value of donations in kind accepted, for advertising

(a) in newspapers, magazines or other periodicals, or on the Internet,

(b) on radio or television, and

(c) on billboards, buses or other property normally used for commercial advertising,

including direct production expenses; (« dépenses de publicité »)

"polling" means opinion surveys and market research; (« sondage »)

"third party" has the same meaning as in section 55.1; (« tiers »)

2(2)        The definition "contribution" in section 1 is repealed and the following is substituted:

"contribution", except in sections 55.1 to 55.11 (third party spending), means money paid or a donation in kind provided, without compensation, to or for the benefit of a candidate, constituency association or registered political party, and includes membership fees paid to a registered political party, but does not include

(a) fees covering the reasonable expenses of conferences and conventions of a registered political party, including leadership conventions, or

(b) the services of a person to run as a candidate by way of a paid leave of absence under a collective agreement or other employment agreement; (« contribution »)

2(3)        The definition "donation in kind" in section 1 is repealed and the following is substituted:

"donation in kind" means goods and services that are provided without compensation to or for the benefit of a candidate, constituency association or registered political party, including services provided by a self-employed individual who normally sells or otherwise charges for them, but not including

(a) services provided without compensation by an individual outside his or her working hours, unless he or she is self-employed and normally sells or otherwise charges for them, or

(b) the services of a person who acts without compensation as a chief financial officer, an official agent or legal counsel to a candidate or a registered political party; (« don en nature »)

2(4)        The definition "election expenses" in section 1 is amended

(a) in clause (c), by striking out "including related production expenses,";

(b) by adding the following after clause (q):

(q.1) costs for polling, including the costs of design and analysis;

(c) in clause (w), by adding "or on the Internet," after "or other periodical publication"; and

(d) by repealing clause (x).

2(5)        The definitions "opinion polling survey" and "polling costs" in section 1 are repealed.

2(6)        The definition "transfer" in section 1 is amended by adding ", and includes the market value of goods provided from a previous election" at the end.

3(1)        Clause 6(d) is amended by striking out "statements and returns" and substituting "statements, returns and other information".

3(2)        Clause 6(h) is amended by adding ", and third parties and their financial agents" at the end.

4(1)        Subsection 10(1) is amended by adding the following after clause (b):

(b.1) at the time the statement under section 59 is filed, records of contributions are filed with the Chief Electoral Officer that include the name and address of each contributor and the value of the contributions during the year;

4(2)        Clause 10(1)(d) is amended by adding "and annual advertising expenses under section 54.1" at the end.

4(3)        Clause 10(1)(g) is amended by adding "and other information" after "statements and returns".

4(4)        Subsection 10(2.1) is amended by striking out "and" at the end of clause (a), by adding "and" at the end of clause (b) and by adding the following after clause (b):

(c) within 30 days after the end of every year, records of contributions are filed with the Chief Electoral Officer that include the name and address of each contributor and the value of the contributions during the year.

4(5)        Subsection 10(4) is amended by adding the following after clause (b):

(b.1) at the time the statement under section 61 is filed, records of contributions are filed with the Chief Electoral Officer that include the name and address of each contributor and the value of the contributions during the candidacy period;

4(6)        Clause 10(4)(g) is amended by adding "and other information" after "statements and returns".

5           Clauses 19(2)(a) and (b) are amended by striking out "statement or return" and substituting "statement or return or any other information".

6           Section 20 is amended by striking out "statements and returns" and substituting "statements, returns and other information".

7           Section 35 is amended by striking out "subsections 43(4) and 44.1(6)" and substituting "subsection 44.1(6)".

8           Subsection 36(1) is amended by striking out "person making the contribution" and substituting "individual making the contribution".

9(1)        Subsection 38(2) is amended by striking out "Subject to subsection (3), where" and substituting "Where".

9(2)        Subsection 38(3) is repealed and the following is substituted:

Limited individual charge

38(3)       Where an individual charge is made by the sale of tickets or otherwise for a fund raising function, the charge is not a contribution for purposes of this Act if

(a) the individual charge is less than $15.; and

(b) when multiple tickets are purchased, the total charges to the purchaser are less than $45.

10(1)       Subsection 40(1) is repealed and the following is substituted:

Value of donation in kind

40(1)       When a donation in kind is accepted by or on behalf of a candidate, constituency association or registered political party, its value is the market value of the goods or services at the time of the donation.

10(2)       Subsection 40(2) is amended by striking out "person or organization" and substituting "individual".

11(1)       Subsection 41(1) is repealed and the following is substituted:

Only individual residents may contribute

41(1)       No person or organization other than an individual normally resident in Manitoba shall contribute to any candidate, constituency association or registered political party.

Limit on contributions by individuals

41(1.1)     No individual shall make contributions totalling more than $3000. in a calendar year.

No contribution through intermediaries

41(1.2)     No individual shall contribute to any candidate, constituency association or registered political party

(a) any money, goods or services not actually belonging to the individual; or

(b) any money, goods or services that have been given or furnished to the individual by another person or an organization for the purpose of making the contribution.

11(2)       Subsection 41(2) is amended by striking out "described in subsection (1)" and substituting "prohibited by subsection (1), (1.1) or (1.2)".

11(3)       Subsection 41(4) is repealed and the following is substituted:

C.E.O. may require affidavit

41(4)       The Chief Electoral Officer may require an individual who contributes to a candidate, constituency association or registered political party to file with the Chief Electoral Officer an affidavit attesting to the fact that the individual has not violated this section.

Contributions before candidacy

41(5)       A contribution is deemed to have been made to a constituency association under this Act if it is made to a person seeking to be nominated as a candidate by that constituency association.

12          Section 41.1 is repealed and the following is substituted:

No contribution in expectation of compensation

41.1        No individual shall make a contribution expecting to be reimbursed or compensated for all or part of its value by another person or organization.

13          Section 41.2 is amended by striking out "compensate any person or organization" and substituting "compensate any individual".

14          Section 43 is repealed.

15(1)       Subsection 44(4) is repealed and the following is substituted:

Tracing sources of transferred resources

44(4)       Where, during a campaign period or candidacy period, the aggregate value of any transfers referred to in subsection (2) is $250. or more, the constituency association shall forward to the registered political party or to the candidate, as the case may be, a statement indicating

(a) the name and address of each individual whose contributions to the constituency association in that period had an aggregate value of $250. or more; and

(b) the aggregate value of the contributions from that individual to the constituency association in that period.

15(2)       The following is added after subsection 44(5):

Transferred resources as election expenses

44(6)       When goods and services that have not been used in an election are transferred under this section and later used as election expenses, or when money transferred under this section is used to finance election expenses, the expenses are attributable to the transferree and not the transferor.

Goods re-used in a subsequent campaign

44(7)       When a transfer under this section is goods from a previous election that were used as election expenses, the market value of those goods is not eligible for reimbursement under section 71 or 72.

16          Subsection 44.1(4) is amended by adding ", unless the creditor is a financial institution" at the end.

17          Section 46 is repealed.

18          The following centred heading is added before section 50:

LIMIT ON ELECTION EXPENSES

19          Section 50 is repealed and the following is substituted:

Party Limits

Election expense limit for parties

50(1)       Subject to section 52 (inflation adjustment), the total election expenses of a registered political party, whether the expenses are incurred by the party or by an individual on the party's behalf with its knowledge and consent, shall not exceed

(a) for a general election, the amount determined by multiplying $1.40 by the number of names on the final voters lists for all the electoral divisions in which the registered political party endorses candidates; and

(b) for a by-election in an electoral division, the amount determined by multiplying $2.60 by the number of names on the final voters lists for the electoral division.

Advertising expense limit for parties

50(2)       Subject to section 52 (inflation adjustment), the total advertising expenses of a registered political party, whether the expenses are incurred by the party or by an individual on the party's behalf with its knowledge and consent, shall not exceed

(a) for a general election, the amount determined by multiplying $0.70 by the number of names on the final voters lists for all of the electoral divisions in which the party endorses candidates; and

(b) for a by-election in an electoral division, the amount determined by multiplying $1.30 by the number of names on the final voters lists for the electoral division.

Advertising expenses included in election expenses

50(3)       The total advertising expenses permitted under subsection (2) are included in, and are not in addition to, the total election expenses permitted under subsection (1).

No allocation of expenses

50(4)       A registered political party shall not

(a) transfer, charge or otherwise allocate election expenses or advertising expenses to a candidate or other person or organization; or

(b) arrange a transaction or a series of transactions in order to circumvent the requirements of this section.

Candidate Limits

Election expense limit for candidates

51(1)       Subject to section 52 (inflation adjustment), the total election expenses of a candidate, whether the expenses are incurred by the candidate or the constituency association or by an individual on the candidate's behalf with the candidate's knowledge and consent, shall not exceed

(a) for a candidate in an electoral division with an area of less than 30,000 square miles, the amount determined by multiplying $2.20 by the number of names on the final voters lists for the electoral division; and

(b) for a candidate in an electoral division with an area of 30,000 square miles or more, the amount determined by multiplying $3.50 by the number of names on the final voters lists for the electoral division.

Limit on candidate's advertising expenses

51(2)       Subject to section 52 (inflation adjustment), the total advertising expenses of a candidate, whether the expenses are incurred by the candidate or the constituency association or by an individual on the candidate's behalf with the candidate's knowledge and consent, shall not exceed the amount determined by multiplying $0.45 by the number of names on the final voters lists for the electoral division in which the person is a candidate.

Advertising expenses included in election expenses

51(3)       The total advertising expenses permitted under subsection (2) are included in, and are not in addition to, the total election expenses permitted under subsection (1).

No allocation of expenses

51(4)       A candidate shall not

(a) transfer, charge or otherwise allocate election expenses or advertising expenses to a registered political party or any other person or organization; or

(b) arrange a transaction or a series of transactions in order to circumvent the requirements of this section.

20          Section 52 is amended

(a) in the part before the formula, by striking out "amount to be permitted on a per voter basis for election expenses under section 50" and substituting "amounts to be permitted on a per voter basis for election expenses and advertising expenses under sections 50 and 51";

(b) in item M in the formula, by adding "and advertising expenses" after "election expenses"; and

(c) in item A in the formula, by striking out "under section 50" and substituting "and advertising expenses under sections 50 and 51".

21          Section 53 is amended by adding "and advertising expenses" after "election expenses".

22          The following is added after section 54:

ANNUAL LIMIT ON ADVERTISING EXPENSES

Annual limit on advertising expenses

54.1(1)     The total advertising expenses incurred by a registered political party in a calendar year, outside an election period, shall not exceed $50,000.

Expenses incurred by others

54.1(2)     A registered political party incurs advertising expenses under this section if the expenses are incurred

(a) by an individual on the party's behalf with its knowledge and consent; or

(b) by a constituency association, or a candidate of the party.

Limit not to be spent during an election period

54.1(3)     The limit under subsection (1) is separate from and in addition to the election period limit in section 50, and no registered political party may incur advertising expenses under this section during an election period.

Inflation adjustment

54.1(4)     At the beginning of each calendar year after 2001, the Chief Electoral Officer must adjust the annual limit in subsection (1) and publish the new limit in The Manitoba Gazette. The Chief Electoral Officer shall make the adjustment by

(a) determining the ratio between the consumer price index for Winnipeg at the beginning of the previous calendar year and the consumer price index for Winnipeg at the beginning of the calendar year for which the adjustment is made; and

(b) applying the ratio to the annual limit under this section.

Assembly allowances not affected

54.1(5)     If an allowance is paid under The Legislative Assembly Act respecting an expense incurred by a member of the Assembly or by the caucus of a political party, that expense is not an advertising expense under this section.

Advertising must be authorized

54.2        A registered political party must not conduct advertising outside an election period unless the advertising indicates that it has been authorized by the party's chief financial officer.

23          The centred heading "CLAIMS FOR ELECTION EXPENSES" is added before section 55.

24          Subsection 55(3) is repealed and the following is substituted:

Payment through chief financial officer or official agent

55(3)       Except as provided in subsection (4), only the following persons may make a payment in respect of a claim against a candidate or a registered political party for an election expense, or for an annual advertising expense under section 54.1:

(a) the official agent of a candidate;

(b) the chief financial officer of a registered political party; or

(c) an individual acting on behalf of the candidate or party with the knowledge and consent of the official agent or chief financial officer.

25          The following is added after section 55:

THIRD PARTY SPENDING

Definitions

Definitions

55.1        The definitions in this section apply to this section and to sections 55.2 to 55.11.

"contribution" means a monetary contribution or a non-monetary contribution made without compensation for purposes related to an election. (« contribution »)

"election communication" means a communication by any means during an election period of a message that promotes or opposes

(a) a registered political party or the election of a candidate, or

(b) the programs or policies or the actions or proposed actions of a candidate or a registered political party.

It includes the forms of advertising mentioned in the definition of "advertising expenses" in section 1, as well as posters, signs, leaflets and other promotional material.

It does not include the transmission of a document directly by a person or a group to their members, employees or shareholders, as the case may be. It also does not include an editorial, debate, speech, interview, column, letter, commentary or news normally published without charge. (« communication électorale »)

"election communication expense" means money spent or liabilities incurred, and the value of non-monetary contributions accepted, before or during an election period, for the purpose of producing or communicating an election communication. (« dépenses de communication électorale »)

"group" means a group of persons acting together by mutual consent for a common purpose, and includes a trade union. (« groupe »)

"non-monetary contribution" means the commercial value of a service or of property, or the use of property, to the extent it is provided without charge or at less than its commercial value, but does not include a service provided free of charge by a person outside their working hours who is not self-employed and does not normally charge for the service. (« contribution non monétaire »)

"third party" means a person or group other than a candidate, registered political party or constituency association. (« tiers »)

Spending Limit

Spending limit of $5,000.

55.2(1)     A third party shall not incur election communication expenses of more than $5,000. during an election period.

By-election limit

55.2(2)     The limit in subsection (1) applies whether the election period is for a general election or a by-election.

No circumventing the limit

55.3        A third party shall not circumvent, or attempt to circumvent, a limit set out in section 55.2 or the registration requirement set out in subsection 55.5(1) in any manner, including

(a) by splitting itself into two or more third parties; or

(b) by acting in collusion with another third party so that their combined election communication expenses exceed the limit.

Communication Must Name Third Party

Communication must name third party

55.4(1)     A third party shall identify itself in any election communication it places and indicate that it has authorized the communication.

Broadcaster to ensure compliance

55.4(2)     No person shall broadcast, publish or otherwise disseminate an election communication that does not comply with subsection (1).

Registration Requirements for Third Parties

Registration requirements for third parties

55.5(1)     A third party shall register immediately after having incurred election communication expenses of a total amount of $500., and may not register before the issue of the writ.

Application for registration

55.5(2)     An application for registration must be sent to the Chief Electoral Officer in the prescribed form and must include the following:

(a) the name, address and telephone number of,

(i) if the third party is an individual, the individual,

(ii) if the third party is a corporation, the corporation and the officer who has signing authority for it, and

(iii) if the third party is a group, the group and an individual who is responsible for the group;

(b) the signature of the individual, officer or person referred to in subclause (a)(i), (ii) or (iii);

(c) the address and telephone number of the office of the third party where its records are kept and of the office to which notices and communications under this Act may be addressed;

(d) the name, address and telephone number of the third party's financial agent;

(e) a declaration of the person signing the application that the third party is not acting directly or indirectly on behalf of a candidate, registered political party or constituency association.

Declaration of financial agent to accompany application

55.5(3)     An application under subsection (2) must be accompanied by a declaration signed by the financial agent accepting the appointment.

New financial agent

55.5(4)     If a third party's financial agent is replaced, it shall without delay provide the Chief Electoral Officer with the new financial agent's name, address and telephone number and a declaration signed by the new financial agent accepting the appointment.

Examination of application

55.5(5)     The Chief Electoral Officer shall, without delay after receiving an application, determine whether the requirements of subsections (1) to (3) are met, and shall notify the person who signed the application whether the third party is registered. In the case of a refusal to register, the Chief Electoral Officer shall give reasons for the refusal.

Name of third party

55.5(6)     A third party may not be registered under a name that, in the opinion of the Chief Electoral Officer, is likely to be confused with the name of a candidate, a registered political party or a registered third party.

Registration ends

55.5(7)     The registration of a third party is valid only for the election period during which the application is made, but after polling day the third party continues to be subject to the requirement to file an election communication return under section 55.11 and to provide the Chief Electoral Officer with any required information.

Register of third parties

55.6        The Chief Electoral Officer shall maintain, for the period that he or she considers appropriate, a register of third parties in which is recorded the information referred to in subsection 55.5(2).

Financial Agents

Appointing financial agent

55.7(1)     A third party that is required to register under section 55.5 shall appoint a financial agent.

Financial agent — who is ineligible

55.7(2)     The following persons are not eligible to be a financial agent:

(a) a candidate or an official agent of a candidate;

(b) the chief financial officer or other officer of a registered political party;

(c) an election officer or enumerator;

(d) an officer of a constituency association.

Financial agent to accept contributions

55.8(1)     Any contributions made to a registered third party during an election period must be accepted by its financial agent.

Financial agent to authorize expenses

55.8(2)     The financial agent must also authorize every election communication expense incurred on behalf of a registered third party.

Delegation

55.8(3)     A financial agent may appoint a deputy financial agent to accept contributions or incur election communication expenses, but that appointment does not limit the financial agent's responsibility.

Notice

55.8(4)     On appointing a deputy, the financial agent shall immediately notify the Chief Electoral Officer of the deputy's name, address and telephone number, and file with the Chief Electoral Officer the deputy's written consent to act.

Additional responsibilities

55.8(5)     The financial agent is responsible for ensuring that

(a) records are kept of receipts and expenses, including contributions and election communication expenses; and

(b) the election communication return under section 55.11 is filed in the prescribed form with the Chief Electoral Officer.

Responsibilities throughout candidacy period

55.8(6)     The responsibilities referred to in subsection (5) apply to the entire candidacy period, regardless of when the financial agent is appointed.

Contributions to Third Parties

No contributions from candidates or parties

55.9(1)     No third party shall accept a contribution from a candidate, registered political party or constituency association.

No anonymous contributions

55.9(2)     No third party shall use a contribution if it does not know the contributor's name and address.

No contributions through an intermediary

55.10(1)    No person or organization shall make a contribution to a third party of money, property or services that do not belong to it or that have been given to it by another for the purpose of making the contribution.

No contributions in expectation of compensation

55.10(2)    No person or organization shall make a contribution to a third party expecting to be reimbursed or compensated by another for all or part of its value, and no person or organization shall reimburse or compensate or offer to reimburse or compensate another for all or part of the value of a contribution.

Third party not to accept prohibited contributions

55.10(3)    A third party shall not solicit or knowingly accept a contribution prohibited by this section.

Disclosure Requirements for Third Parties

Election communication return

55.11(1)    Within 90 days after polling day, every third party that has incurred election communication expenses of $500. or more shall file an election communication return in the prescribed form with the Chief Electoral Officer.

Content of the return

55.11(2)    An election communication return must include the following:

(a) a list of election communication expenses and the time and place of each communication to which the expenses relate;

(b) the value of contributions received by the third party, including contributions received to the end of the campaign period;

(c) the name and address of each contributor who made contributions to the third party of a total amount of $250. or more, which, in the case of a contribution by a numbered company, is the name and address of its chief executive officer or president;

(d) the amount that was paid out of the third party's own funds for purposes related to the election;

(e) the amount, if any, by which election communication expenses exceed contributions.

Loans

55.11(3)    For the purpose of clause (2)(b), a contribution includes a loan.

Declaration

55.11(4)    An election communication return must include a signed declaration of the financial agent and, if different, of the person who signed the application made under subsection 55.5(2), stating that the return is accurate.

If financial agent does not file

55.11(5)    If the third party's financial agent does not file an election communication return within 90 days after polling day, the Chief Electoral Officer shall notify the person who signed the third party's registration application of the failure. That person shall file the report within 30 days after receiving the notice.

Contributions received after filing

55.11(6)    Within 30 days of the end of the year, a third party shall file a further return with the Chief Electoral Officer if its election communication expenses exceed the total of its contributions and the amounts paid out of its own funds under clause (2)(d). The return shall indicate the following:

(a) the amount by which those expenses continue to exceed contributions and amounts paid out of its own funds; and

(b) if, after the campaign period, the third party received contributions from any person or organization that have an aggregate value of $250. or more, the name and address of each contributor and the value of the contributions.

Public Information

Publication

55.12       The information provided to the Chief Electoral Officer under sections 55.5 and 55.11 is public information that must be available for inspection and copying during regular office hours.

26          Subsections 57(2) and (3) are repealed and the following is substituted:

Providing information

57(2)       When information about the financial affairs of a candidate, constituency association, registered political party or third party is reasonably required to clarify or verify the information contained in a statement or return or other information filed under this Act, the Chief Electoral Officer may request such information in writing. Within 30 days after receiving a request — or within any extended period the Chief Electoral Officer may allow — the party's chief financial officer, the candidate's official agent, the person responsible for the finances of the constituency association or the third party's financial agent shall provide the information.

Extension of time

57(3)       When this Act requires that a statement, return or other information be filed with the Chief Electoral Officer within a prescribed time period, the person required to file may apply for an extension, which the Chief Electoral Officer may grant. But the application for an extension must be made before the time period, or before any extension already granted under this subsection, expires.

27          Section 58 is repealed and the following is substituted:

Maintaining records

58          Every candidate, person responsible for the finances of a constituency association, chief financial officer of a registered political party and financial agent of a third party shall preserve the records on which a statement, return or other information filed under this Act is based for

(a) at least five years from the date of filing; and

(b) for any additional period the Chief Electoral Office considers necessary to ensure compliance with this Act.

28          Clause 59(b) is amended by adding "annual advertising expenses under section 54.1 and" before "transfers".

29          In the following provisions, "person or organization" is struck out wherever it occurs and "individual" is substituted:

(a) sections 62 and 64;

(b) subsection 67(1); and

(c) clause 68(2)(c).

30          The following is added after subsection 68(2):

Records of contributions

68(3)       At the time of filing a return under subsection (2), every candidate with a campaign deficit shall file with the Chief Electoral Officer records of contributions received during the year, which include the name and address of each contributor, the value of the contributions during the year and the date each contribution was made.

31          Section 69 is amended by adding "or other information" after "return" wherever it occurs.

32          Subsection 70(1) and clause 70(2)(b) are amended by adding "under clause 6(a) or (b)" after "maintained by the Chief Electoral Officer".

33(1)       Subsection 70.1(1) is repealed and the following is substituted:

Inspections and audits

70.1(1)     For the purpose of ensuring compliance with this Act, the Chief Electoral Officer may conduct inspections and audits of the records of candidates, constituency associations, registered political parties and third parties that relate or may relate to

(a) information that is or should be in the statements or returns required to be filed with the Chief Electoral Officer under this Act; or

(b) any other information required to be filed with the Chief Electoral Officer under this Act.

33(2)       Clause 70.1(2)(a) is amended by striking out "or constituency association" and substituting ", constituency association or third party".

34          Subsection 72(2) is amended by striking out "subsection 50(2)" wherever it occurs and substituting "subsection 51(1)".

35          Subsection 73(1) is repealed and the following is substituted:

Reduction of reimbursement for overspending

73(1)       Where either the actual election expenses or the actual advertising expenses, including donations in kind, incurred by or on behalf of a candidate or registered political party exceed the total election expenses or advertising expenses permitted under section 50 or 51, the reimbursement payable under clause 71(3)(a) or 72(3)(a) shall be reduced by $1. for every dollar by which

(a) the actual election expenses incurred exceed the total election expenses permitted; or

(b) the actual advertising expenses incurred exceed the total advertisng expenses permitted;

whichever is greater.

36          Section 83 is amended

(a) by adding "or other information" after "return" wherever it occurs;

(b) in clause (d), by striking out "$20,000." and substituting "$50,000."; and

(c) in clause (e), by striking out "$2,000." and substituting "$5,000."

37          The following is added after section 83:

Failure to comply with contribution rules

83.1(1)     A person or organization that contravenes section 41 is guilty of an offence and is liable on summary conviction,

(a) in the case of an individual, to a fine of not more than $5,000.; and

(b) in the case of an organization or corporation, to a fine of not more than $50,000.

Additional penalty

83.1(2)     In addition to the fine provided under subsection (1), a person or organization that is guilty of an offence under that subsection is liable to a fine of up to twice the amount of the value of any prohibited contribution.

38          Section 84 is repealed and the following is substituted:

Party exceeding expense limit

84(1)       Every registered political party that contravenes section 50 or 54.1 is guilty of an offence and is liable on summary conviction to a fine of $50,000.

Candidate exceeding expense limit

84(2)       Every candidate who contravenes section 51 is guilty of an offence and is liable on summary conviction to a fine of $5,000.

Additional penalty

84(3)       In addition to the fine provided under subsection (1) or (2), a registered political party or a candidate who is guilty of an offence under this section is liable to a fine of up to twice the amount by which the party or candidate exceeded the expense limit in question.

39          Section 86 is repealed and the following is substituted:

Officers responsible for overspending

86          Every chief financial officer, official agent or other officer of a registered political party or a candidate, who, while acting on behalf of the candidate or party, is responsible for a contravention of section 50, 51 or 54.1 is guilty of an offence and is liable on summary conviction to a fine of not more than $5,000.

40          The following is added after section 86:

Third party exceeding limit on communication expense

86.1(1)     Every person who, being a third party, contravenes section 55.2 (election communication expense limit) is guilty of an offence and is liable on summary conviction,

(a) in the case of an individual, to a fine of not more than $5,000.; and

(b) in the case of an organization or corporation, to a fine of not more than $50,000.

Additional penalty

86.1(2)     In addition to the fine provided under subsection (1), a third party who is guilty of an offence under that subsection is liable to a fine of up to twice the amount by which the third party exceeded the expense limit.

Prosecution of third parties — groups

86.2(1)     If a third party that is a group commits an offence under this Act, the individual responsible for the group or its financial agent commits the offence if he or she authorized, consented to or participated in the act or omission that constitutes the offence.

Prosecution of third parties — vicarious liability

86.2(2)     For the purpose of a prosecution brought against a third party under this Act, the third party is deemed to be a person, and any act or omission of the person who signed the application made under subsection 55.5(2) in respect of the third party, or in the absence of an application, the person who would have signed it, or their financial agent, within the scope of that person's or financial agent's authority, is deemed to be an act or omission of the third party.

41          Section 87.1 is amended by striking out "person who" and substituting "person or organization that".

42          Section 88 is amended

(a) in clause (a), by striking out "$10,000." and substituting "$25,000."; and

(b) in clause (b), by striking out "$2,000." and substituting "$5,000."

43          Clause 98(c) is amended by striking out "and candidates" and substituting ", candidates and third parties".

Advisory committee to consider public funding issues

44(1)       After this Act comes into force, the Chief Electoral Officer shall call meetings of the advisory committee established in section 4 of The Elections Finances Act for the purpose of considering how the anticipated corporate tax revenue increases, estimated on the basis of the corporate political contribution tax credits allowed for the years 1995 to 1999, may be re-directed to the public funding of registered political parties.

Report

44(2)       Within six months after this Act comes into force, the Chief Electoral Officer shall make a report to the Speaker about the re-direction of corporate tax revenue increases to registered political parties as described in subsection (1). The report may include recommendations about amendments to The Elections Finances Act.

Coming into force

45          This Act comes into force on January 1, 2001.

Explanatory Note

This Bill makes a number of changes in the Act governing election financing in Manitoba. The key changes are as follows:

Political contributions

When this Bill becomes law, only individuals who reside in Manitoba will be able to make political contributions, and only to a maximum of $3000. each year.

Third party spending limits

The Bill places limits on spending by third parties during an election period.  The limits apply to communications that promote or oppose a political party or a candidate, or the programs, policies or actions of a party or candidate.  A third party must:

  • register with the Chief Electoral Officer if it spends $500. or more during an election period
  • spend no more than $5,000. during an election period
  • appoint a financial agent and file a return about contributions and spending with the Chief Electoral Officer
  • identify itself in any election communication it places
  • not accept anonymous contributions or contributions from a party, candidate or constituency association

Advertising limits for political parties and candidates

The Bill places an annual limit of $50,000. on advertising by each political party. In addition, it reinstates a separate advertising limit for political parties and candidates during an election period.

Fine levels

The maximum fines for offences under the Act are increased.

All-party committee report on funding

When this Bill becomes law, the all-party committee already established under the Act must meet to consider certain aspects of public funding for registered political parties.