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The Elections Finances Amendment Act

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If you need an official copy, contact Statutory Publications.

S.M. 2002, c. 59

Bill 10, 4th Session, 37th Legislature

The Elections Finances Amendment Act

(Assented to December 12, 2002)

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           Section 1 is amended

(a) in clause (b) of the definition "donation in kind", by adding "an auditor," after "without compensation as"; and

(b) in clause (aa) of the definition "election expenses", by striking out "who serves without compensation as a chief financial officer" and substituting "who acts without compensation as an auditor, a chief financial officer".

3           The following is added after section 10.5:

Auditor's payment

10.6        If the Chief Electoral Officer is satisfied that an audit of a statement required under section 59, 60, 61 or 61.1 meets the requirements of this Act, the Minister of Finance shall, on direction from the Chief Electoral Officer, pay out of the Consolidated Fund to the auditor who performed the audit the following amounts:

(a) $16,000., or any lesser amount that the Chief Electoral Officer considers reasonable as a fee for auditing the statement, in the case of an audit of a statement under section 59 (annual statement of registered political party);

(b) $30,000., or any lesser amount that the Chief Electoral Officer considers reasonable as a fee for auditing the statement, in the case of an audit of a statement under section 60 (statement of registered political party for election); and

(c) $1,500., or any lesser amount that the Chief Electoral Officer considers reasonable as a fee for auditing the statement, in the case of an audit of a statement under section 61 or 61.1 (statement of candidate or leadership contestant).

4           Subsection 40(3) is amended in the part before clause (a) by striking out "Where a donation in kind" and substituting "Subject to section 40.1, where a donation in kind".

5           The following is added after section 40:

Exception for donations in kind with minimal value

40.1        In a year, an individual may make two donations in kind, each having a market value of less than $15., to the same candidate, leadership contestant, constituency association or registered political party without the value of each of those donations being considered to be a contribution. But any subsequent donation in kind in the same year, regardless of value, is a contribution and shall be recorded in accordance with this Act.

6           Section 61.2, as enacted by S.M. 2002, c. 43, is repealed.

7           Subsection 71(3) is replaced with the following:

Reimbursement to registered political party

71(3)       Upon receipt of the certificate referred to in subsection (1), the Minister of Finance shall, subject to subsection 73(1), pay out of the Consolidated Fund to the chief financial officer of the registered political party to which the certificate relates, as reimbursement in respect of the election expenses of the registered political party, the amount calculated under clause (2)(d).

8           Clause 72(3)(b) and section 74 are repealed.

9           Subsection 75(1) is amended in the definition "expenditures" by adding the following after clause (a):

(a.1) the amount of money spent and liabilities incurred by the candidate to have the statement required under section 61 audited, less the amount paid to the auditor under section 10.6;

Coming into force

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