A A A

Fifth Session, Thirty-Eighth 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 218

THE ELECTIONS AMENDMENT AND 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:

PART 1

THE ELECTIONS ACT

C.C.S.M. c. E30 amended

1(1)        The Elections Act is amended by this Part.

1(2)        Clause 32(1)(a) is replaced with the following:

(a) an annual report on

(i) the work done under the direction of the chief electoral officer under this Act, and

(ii) the information reported to the chief electoral officer by the commissioner under section 186.1;

1(3)        Subsection 186(7) is amended by striking out "An" and substituting "Subject to sections 186.1 and 186.2, an".

1(4)        The following is added after section 186:

Number of investigations to be reported

186.1(1)    For each year, the commissioner must report to the chief electoral officer the number of investigations begun and the number of investigations completed.

Particulars of investigation

186.1(2)    The commissioner may include in the report a summary of an investigation that was completed in the year, but must not do so if he or she is of the opinion that reporting on the investigation could reasonably be expected to

(a) prejudice or interfere with a prosecution for an offence under this Act;

(b) compromise the nature and extent of an ongoing investigation under this Act, or of any other investigation or legal proceeding; or

(c) unfairly damage the reputation of a person.

When investigation is completed

186.1(3)    For the purpose of this section, an investigation is completed when the commissioner determines whether or not a prosecution is required.

Information about investigation may be made public

186.2       The commissioner may make information about the status of an investigation, or about a decision not to prosecute and the reasons for the decision, available to the public, but only if he or she is satisfied that doing so could not reasonably be expected to

(a) prejudice or interfere with a prosecution for an offence under this Act;

(b) compromise the nature and extent of an ongoing investigation under this Act, or of any other investigation or legal proceeding; or

(c) unfairly damage the reputation of a person.

PART 2

THE ELECTIONS FINANCES ACT

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

2(1)        The Elections Finances Act is amended by this Part.

2(2)        Subsection 77.3(6) is amended by striking out "An" and substituting "Subject to sections 77.3.1 and 77.3.2, an".

2(3)        The following is added after section 77.3:

Number of investigations to be reported

77.3.1(1)   For each year, the commissioner must report to the Chief Electoral Officer the number of investigations begun and the number of investigations completed.

Particulars of investigation

77.3.1(2)   The commissioner may include in the report a summary of an investigation that was completed in the year, but must not do so if he or she is of the opinion that reporting on the investigation could reasonably be expected to

(a) prejudice or interfere with a prosecution for an offence under this Act;

(b) compromise the nature and extent of an ongoing investigation under this Act, or of any other investigation or legal proceeding; or

(c) unfairly damage the reputation of a person.

When investigation is completed

77.3.1(3)   For the purpose of this section, an investigation is completed when the commissioner determines whether or not a prosecution is required.

Information about investigation may be made public

77.3.2      The commissioner may make information about the status of an investigation, or about a decision not to prosecute and the reasons for the decision, available to the public, but only if he or she is satisfied that doing so could not reasonably be expected to

(a) prejudice or interfere with a prosecution for an offence under this Act;

(b) compromise the nature and extent of an ongoing investigation under this Act, or of any other investigation or legal proceeding; or

(c) unfairly damage the reputation of a person.

2(4)        The following is added after subsection 99(1):

Commissioner's report to be included

99(1.1)     In the report made under subsection (1), the Chief Electoral Officer must include the information reported to him or her by the commissioner under section 77.3.1.

PART 3

COMING INTO FORCE

Coming into force

3           This Act comes into force on the day it receives royal assent.

Explanatory Note

This Bill enables information about investigations under The Elections Act and The Elections Finances Act to be made available to the public.