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C.C.S.M. c. E32

The Elections Finances Act

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

Definitions

1           In this Act

"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 »)

"by-election" means an election other than a general election; (« élection partielle »)

"campaign period" means the period commencing on the date of issue of a writ or writs for an election and ending 2 months after polling day for that election; (« période de campagne électorale »)

"candidacy period" means, subject to subsection 10(3.2), the period commencing on the date on which a person becomes a candidate in an election under this Act and ending 2 months after polling day for that election; (« période de candidature »)

"candidate" means a person who

(a) is nominated by a registered political party or a constituency association of a registered political party as its candidate in the next election in an electoral division, or

(b) not being endorsed by a registered political party or a constituency association of a registered political party, files a notice of intent under subsection 10(3.1) to be a candidate in the next election,

and includes a person nominated as a candidate in accordance with The Elections Act; (« candidat »)

"Chief Electoral Officer" means the Chief Electoral Officer appointed under The Elections Act; (« directeur général des élections »)

"chief financial officer" means the person shown in the registers or records of the Chief Electoral Officer as the chief financial officer of a registered political party; (« agent financier »)

"constituency association" means an association or organization

(a) which is recognized by a registered political party as the official association of that registered political party in any electoral division, or

(b) which holds itself out as the official association of a registered political party in any electoral division; (« association de circonscription »)

"contribution", except in sections 55.1 to 55.11 (third party spending), means any of the following paid or provided, without compensation, to or for the benefit of a candidate, leadership contestant, constituency association or registered political party:

(a) money, including membership fees paid to a registered political party, but not including

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

(ii) payments received by a person running as a candidate or leadership contestant by way of a paid leave of absence under a collective agreement or other employment agreement,

(b) a donation in kind,

(c) the portion of a charge determined to be a contribution under section 38 (fundraising functions),

(d) the portion of sale proceeds determined to be a contribution under section 38.1 (selling items); (« contribution »)

"Crown agency" means Crown agency as defined in The Legislative Assembly Act; (« organisme de la Couronne »)

"Deputy Chief Electoral Officer" means the Deputy Chief Electoral Officer appointed for purposes of The Elections Act; (« directeur général adjoint des élections »)

"donation in kind" means goods and services that are provided without compensation to or for the benefit of a candidate, leadership contestant, 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 an auditor, a chief financial officer, an official agent or legal counsel to a candidate, leadership contestant or a registered political party; (« don en nature »)

"election" means

(a) a by-election to elect a person as a member of the Assembly, or

(b) a general election to elect persons as members of the Assembly; (« élection »)

"election expenses" means

(a) money spent or liabilities incurred, and

(b) the value of donations in kind accepted,

before or during an election period in respect of goods or services used during the election period to support or oppose, directly or indirectly, a candidate or registered political party in the election, and without restricting the generality of the foregoing, includes money spent or liabilities incurred, and the value of donations in kind accepted, prior to or during an election period in respect of

(c) advertising,

(d) the services of any person who is compensated for acting as official agent, organizer, manager, office worker or other campaign worker,

(e) the services of any person to run as a candidate, except by way of paid leave of absence under a collective agreement or other employment agreement,

(f) transportation, accommodation and food and refreshment for candidates, campaign workers and leaders of registered political parties,

(g) reasonable personal expenses incurred by a candidate in an election period to enable the candidate to campaign in an election,

(h) rental or purchase of office space, including office equipment and supplies and costs of utilities such as telephones, hydro service, and heating,

(i) hall rental and other meeting space,

(j) posters, leaflets, pamphlets, letters, cards and other promotional material,

(k) signs and banners,

(l) lumber and other structural supports for signs and banners,

(m) mailing or other distribution of election materials,

(n) a reasonable portion of the cost of capital assets,

(o) the value of direct costs to make or acquire an inventory of goods,

(p) fundraising functions, and

(q) goods which were acquired in a previous election but not used,

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

but does not include money spent or liabilities incurred, and the value of donations in kind accepted, in respect of

(r) a leadership contest or any conference or convention of a registered political party,

(s) meetings to nominate candidates for an election,

(t) reasonable expenses incurred in the operation of any permanent office of a registered political party, including salaries and wages paid to permanent staff members working in the office during the election period,

(u) auditor's fees,

(v) any recount for an election in an electoral division,

(w) a commentary, letter to the editor or similar expression of opinion of a kind normally published without charge in a newspaper, magazine or other periodical publication or on the Internet, or normally broadcast without charge on radio or television,

(x) repealed, S.M. 2000, c. 9, s. 2,

(y) reasonable expenses incurred by a disabled candidate in relation to a candidate's disability to enable the candidate to campaign in an election period,

(y.1) reasonable child care expenses incurred by a candidate to enable the candidate to campaign in an election period,

(z) a service provided without compensation by a person outside the person's working hours, other than a service provided by a self-employed person if the service is normally sold or otherwise charged for by that person,

(aa) the services of any person who acts without compensation as an auditor, a chief financial officer, an official agent or a legal counsel to a candidate or registered political party, and

(bb) goods or services used after 8 p.m. on polling day including goods and services used after 8 p.m. on polling day for social functions and for communicating with voters and campaign workers; (« dépenses électorales »)

"election period" means the period commencing on the date of issue of a writ or writs for an election and ending on polling day for that election; (« période électorale »)

"final voters lists"means all the voters lists for all the polling subdivisions in the electoral division as finally revised including all voters added to the voters lists before the end of the day on polling day; (« liste électorale définitive »)

"financial institution" means

(a) a bank, or

(b) a credit union, or

(c) a trust company or loan company authorized under the law to accept money for deposit and carrying deposit insurance in accordance with the Canada Deposit Insurance Corporation Act; (« établissement financier »)

"fixed date election" means a general election held on a fixed date under section 49.1 of The Elections Act; (« élections à date fixe »)

"fund raising function" means any social function held for the purpose of raising money for the candidate, leadership contestant, constituency association or registered political party by whom or on whose behalf the function is held; (« activité de financement »)

"general election" means an election in respect of which election writs are issued for elections in all electoral divisions; (« élections générales »)

"leadership contest" means any procedure by which a registered political party selects a leader; (« campagne visant la désignation du chef d'un parti »)

"leadership contest period" means the period beginning on the date of the official call of a leadership contest, as set out in a statement filed by a registered political party under section 31.1, and ending two months after the date of the leadership vote; (« période de campagne visant la désignation du chef d'un parti »)

"leadership contestant" means a person seeking the leadership of a registered political party at a leadership contest called by that party for the purpose; (« candidat à la direction d'un parti »)

"market value" in relation to goods or services means the lowest price generally charged by the supplier for an equivalent amount of the same goods or services at or about the time and in the market area in which the goods or services are supplied; (« valeur marchande »)

"official agent"

(a) of a candidate, means the person appointed as the official agent in the candidate's nomination papers, or subsequently appointed by the candidate as a replacement by notice in writing to the Chief Electoral Officer, and

(b) of a leadership contestant, means the person appointed as the contestant's official agent in accordance with section 10; (« agent officiel »)

"organization" includes a political party, a constituency association, a trade union, a partnership and an unincorporated association, but does not include a corporation; (« organisation »)

"political party" means an association, organization or affiliation of voters comprising a political organization one of the purposes of which is to nominate and support candidates at elections; (« parti politique »)

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

"polling day" has the same meaning as election day under section 1 of The Elections Act; (« jour du scrutin »)

"prescribed" means prescribed by the regulations; (« prescrit »)

"registered candidate" means a candidate registered under section 25; (« candidat inscrit »)

"registered political party" means a political party registered under section 12; (« parti politique inscrit »)

"returning officer" means a returning officer appointed under The Elections Act; (« directeur du scrutin »)

"tax receipt" means a receipt issued for income tax purposes; (« reçu pour fins d'impôt »)

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

"trade union" means any organization of employees formed for purposes which include the regulation of relations between employers and employees, and includes a duly organized group or federation of such organizations; and for the purpose of this clause an organization may be composed of only one employee; (« syndicat »)

"transfer" means money, goods or services provided among registered political parties, constituency associations, endorsed candidates and leadership contestants, without compensation from the entity or person that receives the money, goods or services, and includes the market value of goods provided from a previous election; (« transfert »)

"year" means calendar year. (« année »)

S.M. 1998, c. 5, s. 2; S.M. 2000, c. 9, s. 2; S.M. 2002, c. 43, s. 2; S.M. 2002, c. 59, s. 2; S.M. 2006, c. 15, Sch. A, s. 204 and Sch. B, s. 2; S.M. 2008, c. 43, Sch. C, s. 2.

Interpretation: reasonable expenses

1.1         In this Act, a reference to

(a) reasonable personal or child care expenses incurred by a candidate; or

(b) reasonable expenses incurred by a candidate because of his or her disability;

means only those reasonable expenses that are over and above the expenses normally incurred by the candidate.

S.M. 2006, c. 15, Sch. B, s. 3.

Endorsement of candidate

2           For purposes of this Act, a candidate is endorsed by a political party where

(a) the candidate consents to the endorsement in accordance with section 55 of The Elections Act; and

(b) the candidate's name appears on the endorsement list filed by the political party under subsection 58(1) of The Elections Act.

S.M. 2006, c. 15, Sch. A, s. 204.

CHIEF ELECTORAL OFFICER

C.E.O. to administer Act

3           This Act shall be administered by the Chief Electoral Officer.

Advisory committee

4(1)        There is hereby established an advisory committee composed of one representative appointed by each registered political party.

Leader to advise

4(1.1)      The leader of a registered political party shall advise the Chief Electoral Officer of the name and address of his or her party's advisory committee representative.

Consultation with committee

4(2)        The Chief Electoral Officer may from time to time call meetings of the advisory committee for the purpose of seeking the advice of the committee on the proper administration of this Act.

Advisory status only

4(3)        No decision or recommendation of the advisory committee is binding on the Chief Electoral Officer, and the Chief Electoral Officer may at all times make such decisions or take such actions as the Chief Electoral Officer sees fit for the proper administration of this Act.

S.M. 1998, c. 5, s. 4.

Duties of deputy C.E.O.

5           The Deputy Chief Electoral Officer shall assist the Chief Electoral Officer in administering this Act, but where

(a) the Chief Electoral Officer is, by reason of absence, incapacity or any other cause, unable to act; or

(b) the office of Chief Electoral Officer is vacant;

the Deputy Chief Electoral Officer shall administer the Act.

Powers, duties, and functions of Chief Electoral Officer

6           In addition to any other powers, duties, and functions of the Chief Electoral Officer under this or any other Act of the Legislature, the Chief Electoral Officer

(a) shall maintain registers of

(i) registered political parties,

(ii) registered candidates for each by-election and for each general election, and

(iii) leadership contestants;

(b) shall maintain, or cause to be maintained, records of

(i) unregistered candidates for each by-election and for each general election,

(ii) chief financial officers of registered political parties and deputies authorized to act for chief financial officers of registered political parties, and

(iii) official agents of candidates and leadership contestants, and deputies authorized to act for official agents of candidates;

(c) shall assist, or cause to be assisted, candidates and leadership contestants and their official agents and registered political parties and their chief financial officers in preparing statements and returns required under this Act and otherwise in complying with this Act;

(d) shall examine, or cause to be examined, all statements, returns and other information filed with the Chief Electoral Officer;

(e) where required by this Act, shall prescribe forms and the contents thereof for use under this Act and provide for their use;

(f) may prescribe other forms and the contents thereof for use under this Act and provide for their use;

(g) may prepare, print and distribute, or cause to be prepared, printed and distributed, forms for use under this Act; and

(h) may prepare and distribute, or cause to be prepared and distributed, guidelines for candidates, leadership contestants, official agents, registered political parties, chief financial officers and their auditors, and third parties and their financial agents;

(h.1) may prepare and distribute guidelines for determining whether an individual is normally resident in Manitoba;

(i) repealed, S.M. 2006, c. 15, Sch. B, s. 4.

S.M. 1998, c. 5, s. 5; S.M. 2000, c. 9, s. 3; S.M. 2002, c. 43, s. 3; S.M. 2006, c. 15, Sch. B, s. 4.

Delegation by Chief Electoral Officer

6.1         The Chief Electoral Officer may delegate in writing to any person on his or her staff authority to exercise any power and perform any duty assigned to the Chief Electoral Officer by this Act.

S.M. 1998, c. 5, s. 6; S.M. 2006, c. 15, Sch. B, s. 5.

Protection from liability

6.2         No proceeding shall be instituted against the Chief Electoral Officer, the commissioner, or any person appointed or employed by the Chief Electoral Officer or the commissioner, for any act done in good faith in the performance or intended performance of a duty or in the exercise or intended exercise of a power under this Act, or for any neglect or default in the performance or exercise in good faith of the duty or power.

S.M. 1998, c. 5, s. 6; S.M. 2006, c. 15, Sch. B, s. 6.

CHIEF FINANCIAL OFFICERS, OFFICIAL AGENTS AND THEIR DEPUTIES

Appointment of chief financial officer

7(1)        Every registered political party shall appoint a chief financial officer.

Replacement of chief financial officer

7(2)        Where a chief financial officer appointed under subsection (1) ceases for any reason to hold that office, the registered political party shall forthwith appoint a new chief financial officer.

Notice of appointment to Chief Electoral Officer

7(3)        On the appointment of a chief financial officer by a registered political party, the leader of the registered political party shall forthwith notify the Chief Electoral Officer in writing of the name and address of the chief financial officer, and shall file with the Chief Electoral Officer the chief financial officer's written consent to act in that capacity.

S.M. 1998, c. 5, s. 8.

Appointment of deputy financial officers and official agents

8(1)         Subject to section 8.1, the chief financial officer of a registered political party and the official agent of a registered candidate may appoint persons to be deputies to act in the issuing of tax receipts for contributions received by or on behalf of the registered political party or registered candidate, as the case may be.

Notice of appointment to Chief Electoral Officer

8(2)        On appointing a deputy under subsection (1), the chief financial officer or official agent, as the case may be, shall immediately notify the Chief Electoral Officer in writing of the deputy's name and address and file with the Chief Electoral Officer the deputy's written consent to act in that capacity.

S.M. 1998, c. 5, s. 9.

Candidate or leadership contestant not eligible to act as chief financial officer

8.1(1)      No candidate or leadership contestant is eligible to act as a chief financial officer or deputy chief financial officer.

Candidate not eligible to act as official agent

8.1(2)      No candidate is eligible to act as his or her own official agent or deputy official agent, or as the official agent or deputy official agent of another candidate, or as the official agent of a leadership contestant.

Leadership contestant not eligible to act as official agent

8.1(3)      No leadership contestant is eligible to act as his or her own official agent or as the official agent or deputy official agent of a candidate.

S.M. 1998, c. 5, s. 10; S.M. 2002, c. 43, s. 4.

Recording of information

9           The Chief Electoral Officer shall record any information provided under sections 7 or 8.

Responsibilities of party's chief financial officer

10(1)       In addition to the other powers, duties, and functions of a chief financial officer of a registered political party set out under this Act and the regulations, the chief financial officer of a registered political party is responsible for ensuring that

(a) accounts are maintained in a financial institution in the name of the registered political party;

(b) records are kept of receipts, including contributions and other income;

(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;

(c) tax receipts are issued;

(d) records are kept of all expenses, including election expenses and annual advertising expenses under section 54.1;

(e) records are kept of transfers received and disbursed;

(f) records are kept of all assets and liabilities; and

(g) financial statements and returns and other information, in prescribed form, are filed with the Chief Electoral Officer;

by or on behalf of the registered political party in accordance with this Act.

Financial officers of constituency associations

10(2)       Within 30 days of a request therefor by the Chief Electoral Officer, the chief financial officer of a registered political party shall provide the Chief Electoral Officer with a list showing the name and address of the person responsible for the finances of each constituency association of the registered political party; and where at any subsequent time there is any change in the particulars disclosed in the list, the chief financial officer of the registered political party shall in writing notify the Chief Electoral Officer of the change within five days of the change.

Accounts of constituency associations

10(2.1)     The person responsible for the finances of a constituency association is responsible for ensuring that

(a) accounts are maintained in a financial institution in the name of the constituency association;

(b) records are kept of all income, including contributions and transfers; and

(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.

Notice of nomination

10(3)       As soon as reasonably practicable after a candidate is nominated by a registered political party or a constituency association, the chief financial officer of the registered political party must give the Chief Electoral Officer written notice of

(a) the name of the candidate;

(b) the relevant electoral division; and

(c) the date of the nomination.

Notice of intent of unendorsed candidate

10(3.1)     As soon as reasonably practicable after declaring himself or herself as a candidate in the next election, a candidate who is not endorsed by a registered political party or a constituency association must file with the Chief Electoral Officer written notice of

(a) the electoral division in which the person intends to be a candidate; and

(b) the date when the candidacy began.

Beginning of candidacy period for unendorsed candidate

10(3.2)     The candidacy period of a candidate who is not endorsed by a registered political party or a constituency association is deemed to commence on the date specified in the notice under clause (3.1)(b).

Notice of intent to appoint official agent

10(3.3)     Every candidate must give the Chief Electoral Officer written notice of the person the candidate intends to appoint as his or her official agent.  The notice must be given within 15 days after the candidate

(a) is nominated by a registered political party or a constituency association; or

(b) declares that he or she will be a candidate in the next election in an electoral division.

Content of notice

10(3.4)     A notice under subsection (3.3) must include the name, address and telephone number of the person who is to be appointed as the official agent of the candidate, and a statement, signed by the person, consenting to act in that capacity.

Elections Act filing supercedes

10(3.5)     Subsection (3.3) does not apply if, within 15 days after becoming a candidate under this Act, the candidate is nominated in accordance with The Elections Act.

Responsibilities of candidate's official agent

10(4)       In addition to the other powers, duties and functions of an official agent under this Act and the regulations, the official agent of a candidate is responsible for ensuring that

(a) accounts are maintained in a financial institution in the name of the candidate;

(b) records are kept of receipts, including contributions and other income;

(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;

(c) if the candidate is registered, tax receipts are issued;

(d) records are kept of all expenses, including election expenses;

(e) records are kept of transfers received and disbursed;

(f) records are kept of all assets and liabilities; and

(g) financial statements and returns and other information, in prescribed form, are filed with the Chief Electoral Officer;

by or on behalf of the candidate in accordance with this Act.

Responsibility throughout entire candidacy period

10(5)       The responsibilities referred to in subsection (4) apply to the entire candidacy period of the candidate, regardless of whether the official agent is appointed at or subsequent to the commencement of the candidacy period.

Official agent for leadership contestant

10(6)       Immediately on becoming a leadership contestant, every contestant shall appoint an official agent, and shall provide to the Chief Electoral Officer, in the prescribed form, the official agent's name, address, telephone number and the official agent's signed consent to act in that capacity.

Replacement of official agent

10(7)        If a leadership contestant's official agent ceases to hold office for any reason, the contestant shall immediately notify the Chief Electoral Officer of the new official agent in accordance with subsection (6).

Responsibilities of leadership contestant's official agent

10(8)       In addition to the other powers, duties and functions of an official agent under this Act and the regulations, the official agent of a leadership contestant is responsible for ensuring that

(a) accounts are maintained in a financial institution in the name of the contestant;

(b) records are kept of receipts, including contributions and other income;

(c) at the time the statement under section 61.1 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 leadership contest period;

(d) records are kept of all expenses;

(e) records are kept of all assets and liabilities; and

(f) financial statements and returns and other information, in prescribed form, are filed with the Chief Electoral Officer;

by or on behalf of the contestant in accordance with this Act.

S.M. 1998, c. 5, s. 11; S.M. 2000, c. 9, s. 4; S.M. 2002, c. 43, s. 5; S.M. 2006, c. 15, Sch. B, s. 7.

Accounts

10.1(1)     A person required to maintain an account under section 10 shall

(a) deposit in that account all money provided to the registered political party, constituency association, candidate or leadership contestant, as the case may be; and

(b) make all disbursements from that account, including transfers.

Disbursements

10.1(2)     A person who makes a disbursement out of an account described in section 10 shall ensure that every disbursement is substantiated by an invoice or voucher as proof of payment.

Accounts kept separate

10.1(3)     No person shall deposit in an account described in section 10 any money other than,

(a) in the case of an account in the name of a registered political party, money relating solely to the political party;

(b) in the case of an account in the name of a constituency association, money relating solely to the constituency association;

(c) in the case of an account in the name of a candidate, money relating solely to the candidate; and

(d) in the case of an account in the name of a leadership contestant, money relating solely to the leadership contestant.

S.M. 1998, c. 5, s. 12; S.M. 2002, c. 43, s. 6.

AUDITORS

Qualifications of auditors

10.2(1)     A financial statement required to be audited under this Act shall be audited by a professional accountant who is a registered member in good standing of an institute, association or society of accountants established by an Act of the Legislature, or by a firm of professional accountants all of the partners of which are so registered.

Persons not eligible

10.2(2)     None of the following persons shall act as an auditor for a candidate, a leadership contestant or a registered political party:

(a) an election official or enumerator appointed under The Elections Act;

(b) a candidate or leadership contestant, or an official agent of either of them;

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

(d) a person involved in the raising or spending of money or the custody of property of a candidate, leadership contestant or registered political party.

Auditor's independence

10.2(3)     An auditor engaged to express an opinion about financial statements under this Act shall hold himself or herself free from any influence, interest or relationship in respect of the client's affairs that would, or would in the view of a reasonable person, impair the auditor's professional judgment or objectivity.

Duty to resign

10.2(4)     An auditor whose professional judgment or objectivity is impaired in the manner described in subsection (3) is disqualified from being an auditor and shall resign immediately on becoming aware of the disqualification.

S.M. 1998, c. 5, s. 12; S.M. 1999, c. 2, s. 5; S.M. 2002, c. 43, s. 7; S.M. 2006, c. 15, Sch. A, s. 204.

Candidate shall appoint auditor

10.3        Not later than the time of filing nomination papers under The Elections Act, every candidate shall appoint an auditor and shall provide to the Chief Electoral Officer, in the prescribed form, the auditor's name, address and telephone number and the auditor's signed consent to act in that capacity.

S.M. 1998, c. 5, s. 12.

Leadership contestant shall appoint auditor

10.3.1      Immediately on becoming a leadership contestant, every leadership contestant shall appoint an auditor, and shall provide to the Chief Electoral Officer, in the prescribed form, the auditor's name, address and telephone number and the auditor's signed consent to act in that capacity.

S.M. 2002, c. 43, s. 8.

Where auditor ceases to act

10.4(1)     If an auditor for a registered political party, candidate or leadership contestant ceases to act for any reason, the leader of the party, or the candidate or leadership contestant, as the case may be, shall without delay appoint another auditor, and shall provide to the Chief Electoral Officer, in writing, the auditor's name, address and telephone number and the auditor's signed consent to act in that capacity.

Statement of auditor who resigns

10.4(2)     If an auditor for a registered political party or for a candidate or leadership contestant resigns or ceases to act for any reason, he or she shall provide the Chief Electoral Officer and the new auditor with a written statement giving the reasons for resigning or ceasing to act.

S.M. 1998, c. 5, s. 12; S.M. 1999, c. 2, s. 6; S.M. 2002, c. 43, s. 9.

Auditor's report

10.5(1)     For every statement that is required to be audited under this Act, the auditor shall examine the statement and supporting documentation and make a report to the official agent of the candidate or leadership contestant or the chief financial officer of the registered political party.  The auditor shall conduct the examination and make the report in accordance with generally accepted auditing standards.

Additional statements

10.5(2)     The auditor's report shall include any statements that the auditor considers necessary if

(a) the financial statement to which the report relates does not present fairly the financial transactions contained in the records of the candidate, leadership contestant or registered political party;

(b) the auditor has not received all the information and explanations required from the official agent or the chief financial officer; or

(c) the official agent or the chief financial officer has not kept proper accounting records.

Access to records

10.5(3)     The official agent of a candidate or leadership contestant and the chief financial officer of a registered political party, and any employee or agent of a candidate or leadership contestant, or employee, agent or officer of a registered political party, shall

(a) give the auditor access at all reasonable times to the records of the candidate, leadership contestant or registered political party; and

(b) provide the auditor with any information and explanations that the auditor considers necessary to enable the auditor to give a report under this section.

Qualified privilege (defamation)

10.5(4)     An oral or written statement or report made under this Act by an auditor has qualified privilege.

S.M. 1999, c. 2, s. 7; S.M. 2002, c. 43, s. 10.

Auditor's payment

10.6(1)     The following amounts shall be paid to the auditor who performed the audit of a statement required under section 59, 60, 61 or 61.1:

(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).

Payment subject to requirements of Act being met

10.6(2)     An amount payable under subsection (1) shall be paid only if the Chief Electoral Officer is satisfied that the audit of the statement meets the requirements of this Act.

Payment out of Consolidated Fund

10.6(3)     An amount payable under subsection (1) shall be paid from the Consolidated Fund without further appropriation.

S.M. 2002, c. 59, s. 3; S.M. 2006, c. 15, Sch. B, s. 8.

REGISTRATION OF POLITICAL PARTIES

Application for registration by political party

11(1)       An application for registration by a political party

(a) shall be in prescribed form and shall include

(i) the proposed registered name of the political party and the proposed registered abbreviation if an abbreviated name is to be used,

(ii) a designation of the one name or abbreviation provided under subclause (i) that is to be used as the name of the registered political party on a ballot for the purposes of subsection 98(4) of The Elections Act,

(iii) the name, address and telephone number of the leader, the chief financial officer and the president of the political party; and

(iv) the name, address and telephone number of the auditor of the political party and the auditor's signed consent to act in that capacity; and

(b) shall be accompanied by an audited financial statement, including a statement of assets and liabilities, of the political party as of a date not more than 60 days prior to the date of the application for registration.

Verifying petition for registration

11(2)       Where the application for registration is accompanied by a petition for registration filed under clause 12(c), the Chief Electoral Officer may take such steps as the Chief Electoral Officer sees fit to verify the accuracy of the petition for registration.

Provision of information

11(3)       Where the Chief Electoral Officer requires further information to clarify or verify any information contained in the application for registration, in the financial statement, or where appropriate in the petition for registration of a political party, the political party shall file such further information with the Chief Electoral Officer.

S.M. 1998, c. 5, s. 14; S.M. 2006, c. 15, Sch. A, s. 204.

Registration of political party

12          Subject to section 15, the Chief Electoral Officer shall register a political party if the Chief Electoral Officer is satisfied that the application for registration and the financial statement of the political party are complete and accurate, and if

(a) members of the political party hold four or more seats in the Assembly; or

(b) where the political party applies for registration during the election period of a general election

(i) members of the political party held four or more seats in the Assembly immediately before the date of issue of the writs for the general election, or

(ii) the political party has endorsed five or more candidates in the general election; or

(c) the political party files with the Chief Electoral Officer, before the beginning of an election period of an election or by-election, a complete and accurate petition for registration in prescribed form signed by not fewer than 2,500 persons who were eligible voters during the most recent general election before the application, and the petition for registration is approved by the Chief Electoral Officer before the beginning of the election period of the election or by-election.

S.M. 1998, c. 5, s. 15.

Submission of party name

13(1)       A political party which intends to meet the registration requirement in clause 12(c) may submit to the Chief Electoral Officer a proposed registered name for the political party.

Approval of name

13(2)       Where the proposed registered name for the political party

(a) is not being reserved for another political party in accordance with this section; and

(b) does not violate section 15;

the Chief Electoral Officer may reserve the name for the political party for a period of six months from the date on which the political party submits the name to the Chief Electoral Officer.

Discretion to extend time period

13(3)       The Chief Electoral Officer may extend the six month period referred to in subsection (2) for such further time as the Chief Electoral Officer sees fit.

Effect of reserved name

13(4)       Where the Chief Electoral Officer has reserved a name for the six month period referred to in subsection (2) or any extension thereof under subsection (3), no other political party shall during that time circulate a petition for registration which contains either

(a) the reserved name; or

(b) a name which, or the abbreviation of which, so nearly resembles the reserved name or the abbreviation thereof as to be likely to cause confusion.

Failure to meet registration requirements

13(5)       Where a political party on behalf of which a name has been reserved fails to file a complete and accurate application for registration, financial statement and petition for registration within the six month time period referred to in subsection (2) or any extension thereof under subsection (3), the Chief Electoral Officer may reserve the same name or a similar name for another political party in accordance with this section.

Submission of material prior to election

14(1)       A political party which intends to meet either registration requirement in clause 12(b) may, prior to the issue of writs for a general election, file with the Chief Electoral Officer for approval by the Chief Electoral Officer

(a) an audited financial statement as of a date not more than 60 days prior to the date of filing; and

(b) a proposed registered name for the political party.

Approval by C.E.O.

14(2)       Where the Chief Electoral Officer is satisfied that the financial statement and proposed registered name filed under subsection (1) meet the requirements of this Act, the Chief Electoral Officer shall approve the financial statement and proposed registered name; but where the Chief Electoral Officer declines to approve the financial statement and proposed registered name, the political party may file such new or further material or information as may be required by the Chief Electoral Officer in order to bring the financial statement or proposed registered name within the requirements of this Act.

Application after issue of writs

14(3)       Where the Chief Electoral Officer has approved a financial statement and proposed registered name filed by a political party under this section, and where subsequent to the issue of writs for a general election the political party applies for registration, the application for registration of the political party shall, notwithstanding clause 11(1)(b), be accompanied by an audited supplementary financial statement as of a date not more than 60 days prior to the date of issue of the writs for the general election.

Priority of approved name

14(4)       Where the Chief Electoral Officer has approved a financial statement and proposed registered name filed by a political party under this section, and where subsequent to the issue of writs for a general election the political party applies for registration, the Chief Electoral Officer shall not register another political party under clause 12(b) if the other political party

(a) has the same name as the proposed registered name approved by the Chief Electoral Officer under this section; or

(b) has a name which, or the abbreviation of which, so nearly resembles the proposed registered name, or the abbreviation of the proposed registered name, approved by the Chief Electoral Officer under this section as to be likely to cause confusion;

unless, as of the close of nominations for the general election in relation to which the political parties are applying for registration, the political party which has filed the financial statement and proposed registered name approved by the Chief Electoral Officer under this section

(c) has failed to meet either registration requirement in clause 12(b); or

(d) has failed to file with the Chief Electoral Officer a complete and accurate application for registration and audited supplementary financial statement.

No approval of same or similar name

14(5)       Where the Chief Electoral Officer has approved a financial statement and proposed registered name filed by a political party under this section, the Chief Electoral Officer shall not, under this section, subsequently approve for another political party a proposed registered name

(a) which is the same as the proposed registered name approved by the Chief Electoral Officer under this section; or

(b) which, or the abbreviation of which, so nearly resembles the proposed registered name, or the abbreviation of the proposed registered name, approved by the Chief Electoral Officer under this section as to be likely to cause confusion.

Approved name subject to reserved name

14(6)       A political party may reserve a proposed registered name under section 13 notwithstanding that the same name or a similar name has already been approved by the Chief Electoral Officer for another political party under this section.

Restrictions on names of registered parties

15          The Chief Electoral Officer shall not register a political party

(a) if the name or the abbreviation of the name of the political party includes the word "Independent" or any abbreviation of the word "Independent"; or

(b) if, in the opinion of the Chief Electoral Officer, the name or the abbreviation of the name of the political party so nearly resembles the name or the abbreviation of a registered political party as to be likely to cause confusion.

S.M. 1998, c. 5, s. 16; S.M. 2006, c. 15, Sch. B, s. 9.

Effective date of registration

16(1)       For purposes of receiving contributions in respect of which tax receipts may be issued under section 35, the effective date of registration of a political party is the later of

(a) the date on which the political party files with the Chief Electoral Officer its application for registration and audited financial statement; and

(b) the date on which the political party files with the Chief Electoral Officer such clarifying or verifying information as may be required by the Chief Electoral Officer under subsection 11(3).

Registration during election period for general election

16(2)       Notwithstanding subsection (1), where a political party is registered during the election period of a general election, the date of issue of the writs for the general election is the effective date of registration of the political party for purposes of receiving contributions in respect of which tax receipts may be issued under section 35.

Notice of registration

17          The Chief Electoral Officer shall cause notice of registration of a political party to be published in the Manitoba Gazette.

Maintenance of information in register

18(1)       Where there is any change in the particulars disclosed in the application for registration of a registered political party, the leader of the registered political party shall in writing notify the Chief Electoral Officer of the change within 30 days of the change and, upon receipt of any such notice, the Chief Electoral Officer shall vary the register accordingly.

Refusal to vary register

18(2)       The Chief Electoral Officer shall not vary the register to change the registered name or the registered abbreviation of a registered political party unless he or she is satisfied that the change otherwise meets the requirements of this Act.

S.M. 1998, c. 5, s. 17; S.M. 2006, c. 15, Sch. B, s. 10.

DEREGISTRATION

Voluntary deregistration of political party

19(1)       Upon application for deregistration by the leader, the chief financial officer and the president of a registered political party, the Chief Electoral Officer may deregister the political party.

Compulsory deregistration of political party

19(2)       Subject to subsection (6), the Chief Electoral Officer shall deregister a registered political party where the political party

(a) fails to file any statement or return or any other information required by this Act; or

(b) fails to file with the Chief Electoral Officer any information reasonably required to clarify or verify the information contained in a statement or return or any other information filed by the political party under this Act; or

(c) fails to appoint a chief financial officer in accordance with this Act; or

(d) adopts a new name or abbreviation that is prohibited under section 15; or

(e) has endorsed fewer than five candidates in the most recent general election.

Notice of proposal to deregister

19(3)       Where the Chief Electoral Officer proposes to deregister a registered political party under subsection (2), the Chief Electoral Officer shall send written notice of the proposed deregistration by certified mail to the leader, the chief financial officer and the president of the registered political party named in an application under section 11, and any one of them may file written objection to the proposed deregistration within 30 days of receiving the notice from the Chief Electoral Officer.

Meeting concerning proposed deregistration

19(4)       Where the registered political party files written objection to the proposed deregistration, the Chief Electoral Officer shall provide the opportunity for the leader and any one or more other responsible officers of the political party to meet with the Chief Electoral Officer for the purpose of challenging the grounds for the proposed deregistration.

Decision concerning deregistration

19(5)       After a meeting, if any, held under subsection (4), if the Chief Electoral Officer is satisfied that the registered political party falls within one or more of the grounds for deregistration listed in subsection (2), the Chief Electoral Officer shall deregister the political party.

Avoiding deregistration

19(6)       Notwithstanding anything in this section, where the Chief Electoral Officer proposes to deregister a registered political party for any violation of the Act referred to in clauses (2)(a), (b), (c) or (d), the political party may, within 30 days of receiving the notice of proposed deregistration, rectify the violation of the Act; and where the Chief Electoral Officer is satisfied that the violation has been rectified, the Chief Electoral Officer shall not deregister the political party.

No deregistration during campaign period

19(7)       The Chief Electoral Officer shall not deregister a registered political party during the campaign period of a general election.

Reporting by deregistered political parties

19(8)       Where a political party is deregistered in a year, subsection 57(2) and sections 58, 59, 60, 62, 63, 69 and 83 apply with any necessary changes to the deregistered political party with respect to that part of the year during which the political party was registered.

S.M. 1998, c. 5, s. 19; S.M. 2000, c. 9, s. 5; S.M. 2006, c. 15, Sch. B, s. 11.

Re-registration

20          Where a registered political party is deregistered for any reason, including deregistration under subsection 19(1), the Chief Electoral Officer shall not subsequently register the same political party until the political party files with the Chief Electoral Officer, in respect of the time during which the political party is deregistered, adequate statements, returns and other information as would have been required under this Act had the political party not been deregistered.

S.M. 2000, c. 9, s. 6.

Disposition of assets upon deregistration

21(1)       Where a registered political party is deregistered, the chief financial officer of the political party, or such other officer of the political party as may be designated by the Chief Electoral Officer, shall, in accordance with the instructions of the Chief Electoral Officer, liquidate the assets of the political party and from the proceeds thereof shall pay all outstanding liabilities of the political party on a pro-rata basis.

Moneys held in trust

21(2)       Where there is surplus money remaining after payment of all outstanding liabilities of a deregistered political party, the officer who liquidated the assets and paid the outstanding liabilities in accordance with subsection (1) shall turn the surplus money over to the Chief Electoral Officer, and the Chief Electoral Officer shall hold the money in trust for the political party.

Where political party registers within two years

21(3)       Where a deregistered political party becomes registered within two years following deregistration and substantiates to the satisfaction of the Chief Electoral Officer that it is the party that was previously deregistered for which money has been held in trust under subsection (2), the Chief Electoral Officer shall turn the money held in trust and accumulated interest over to the registered political party.

Where political party does not register within two years

21(4)       Where the deregistered political party does not meet the requirements of subsection (3), the Chief Electoral Officer shall turn the money held in trust and accumulated interest over to the Minister of Finance to be paid into the Consolidated Fund.

S.M. 1998, c. 5, s. 20.

Notice of deregistration

22          The Chief Electoral Officer shall cause notice of deregistration of a political party to be published in the Manitoba Gazette.

Effective date of deregistration

23          For purposes of the prohibition on issuing tax receipts under subsection 32(1), the effective date of deregistration of a political party is the date on which the notice of deregistration appears in the Manitoba Gazette; but a deregistered political party shall issue tax receipts in accordance with section 35 for all contributions received by or on behalf of the political party prior to the publication of the notice of its deregistration in the Manitoba Gazette.

Registration carried over

24(1)       Notwithstanding anything in this Act, a political party which, immediately before January 1, 1985, was registered under The Elections Finances Act, being chapter 68 of the Statutes of Manitoba, 1980, shall be conclusively presumed to be registered under this Act and is not required to apply for registration under this Act.

Application of Act

24(2)       All the provisions of this Act, including the provisions for deregistration, apply to a political party referred to in subsection (1) as if the political party were registered under this Act.

REGISTRATION OF CANDIDATES

Registration as a candidate

25          The Chief Electoral Officer must register a person as a candidate under this Act if the Chief Electoral Officer

(a) receives an application from the candidate in the prescribed form before the end of the candidacy period; and

(b) is satisfied that the candidate has been nominated as a candidate in accordance with The Elections Act.

S.M. 2006, c. 15, Sch. B, s. 12.

Early application

26          The Chief Electoral Officer may receive a candidate's application for registration for an election in an electoral division before a writ of election is issued for the electoral division, in which case the application shall be presumed to be an application for registration as a candidate in the next election in the electoral division; but the Chief Electoral Officer shall not register the candidate until the nomination of the candidate has been filed with the returning officer of the electoral division.

Effective date of registration

27          For purposes of receiving contributions in respect of which tax receipts may be issued under section 35, the effective date of registration of a candidate is the date on which the person becomes a candidate under this Act.

Maintenance of information in register

28          Where there is any change in the particulars disclosed in the application for registration of a candidate, the candidate shall in writing notify the Chief Electoral Officer of the change within five days of the change and, upon receipt of any such notice, the Chief Electoral Officer shall vary the register accordingly.

Termination of registration of candidate

29(1)       Unless sooner terminated under subsection (2), the registration of a candidate terminates at the end of the campaign period of the election for which the candidate is registered.

Termination on withdrawal

29(2)       Where a registered candidate withdraws from the election for which the candidate is registered, the candidate's registration terminates on the date the notice of withdrawal is filed with the returning officer.

Effect on tax receipts

29(3)       Notwithstanding subsection 32(2), tax receipts shall be issued in accordance with section 35 for all contributions received by or on behalf of a registered candidate prior to the termination of the candidate's registration.

Notice of registration and termination

30          The Chief Electoral Officer shall cause notices of registration and termination of registration of candidates to be published in the Manitoba Gazette.

Registration numbers

31          Upon registering a candidate or political party, the Chief Electoral Officer shall assign to the candidate or political party a registration number which shall be printed on tax receipts issued on behalf of the candidate or political party for contributions received by or on behalf of the candidate or political party.

NOTICE OF LEADERSHIP CONTEST

Notice of leadership contest

31.1(1)     The chief financial officer of a registered political party that proposes to hold a leadership contest shall promptly file a statement with the Chief Electoral Officer in the prescribed form setting out the date of the official call of the leadership contest and the date fixed for the leadership vote.

Information about leadership contestants

31.1(2)     In addition, the chief financial officer shall immediately notify the Chief Electoral Officer, in prescribed form, of the name, address and telephone number of each leadership contestant, and the day they became a contestant.

S.M. 2002, c. 43, s. 11.

TAX RECEIPTS

Tax receipts by parties

32(1)       No political party shall issue tax receipts unless the political party is registered under this Act.

Tax receipts by candidates

32(2)       No person acting on behalf of a candidate shall issue tax receipts unless the candidate is registered under this Act.

Who may issue tax receipts

33(1)       Where a candidate or political party is registered under this Act, no person except

(a) the chief financial officer of the registered political party or his or her deputy appointed under section 8; or

(b) the official agent of the candidate or his or her deputy appointed under section 8;

shall issue tax receipts for contributions received by or on behalf of the political party or candidate, as the case may be.

Who may issue receipts

33(2)       Where a candidate is not registered under this Act, no person except the official agent of the candidate shall issue receipts for contributions received by or on behalf of the candidate.

S.M. 1998, c. 5, s. 23.

No tax receipts for contributions to leadership contestants

33.1        No person shall issue a tax receipt for a contribution made to or for the benefit of a leadership contestant.

S.M. 2002, c. 43, s. 12.

Constituency association not to issue

34          No constituency association shall issue tax receipts.

Tax receipts to contributors

35          Subject to section 36 and subsection 44.1(6), where a contribution of more than $10. is made to a registered political party or registered candidate, the chief financial officer of the registered political party or his or her authorized deputy or the official agent of the candidate or his or her authorized deputy, as the case may be, shall issue a tax receipt therefor in a form prescribed or approved by the Chief Electoral Officer.

S.M. 1998, c. 5, s. 24; S.M. 2000, c. 9, s. 7.

Tax receipts only for contributions in form of money, cheque or similar instrument

36(1)       No person shall issue a tax receipt for a contribution provided to a registered political party or a registered candidate unless the contribution is in the form of money or cheque, credit card receipt or other similar instrument issued by the individual making the contribution.

No tax receipts for donations in kind, services

36(2)       For greater certainty, no person shall issue a tax receipt for a donation in kind made to or for the benefit of a registered political party or a registered candidate or for services described in clause (z) or (aa) of the definition "election expenses" in section 1.

S.M. 1998, c. 5, s. 25; S.M. 2000, c. 9, s. 8.

37          Repealed.

S.M. 1998, c. 5, s. 26.

CONTRIBUTIONS

How contribution may be made

37.1(1)     An individual may make a contribution

(a) by giving it directly to a candidate, leadership contestant, constituency association or registered political party; or

(b) by giving it to another individual normally resident in Manitoba to be forwarded to a candidate, leadership contestant, constituency association or registered political party.

Only individual may collect

37.1(2)     No person or organization other than an individual normally resident in Manitoba shall collect or receive a contribution under clause (1)(b) for a candidate, leadership contestant, constituency association or registered political party.

If contribution made by cheque or credit card

37.1(3)     An individual who makes a contribution by cheque, credit card or similar instrument shall make it payable directly to a candidate, leadership contestant, constituency association or registered political party.

S.M. 2006, c. 15, Sch. B, s. 13.

Record of contributions — individuals

37.2(1)     When collecting or receiving a contribution from a contributor, an individual shall

(a) make a record of

(i) the contributor's name and residential address,

(ii) the date the contribution was collected or received,

(iii) the amount or value of the contribution, and

(iv) the name of the individual collecting or receiving it; and

(b) ensure that the contributor signs the record if the contribution is cash of more than $100.

Forwarding contribution to candidate, etc.

37.2(2)     The individual shall promptly forward the contribution, along with the record, to the candidate, leadership contestant, constituency association or registered political party to whom the contribution was made.

Combining cash contributions — individuals

37.2(3)     An individual who collects or receives one or more contributions in cash may, instead of forwarding the cash,

(a) deposit the cash contributions into an account in his or her name in a financial institution; or

(b) purchase a money order or similar instrument in the amount of the contributions;

if the individual promptly forwards either a cheque drawn against the account in the amount of the contributions, or the money order or other instrument, to the candidate, leadership contestant, constituency association or registered political party to whom the contribution was made.

No accepting contributions without record

37.2(4)     A candidate, leadership contestant, constituency association or registered political party shall not accept a contribution for which a record is required under this section unless it is accompanied by that record.

S.M. 2006, c. 15, Sch. B, s. 13.

Record of contributions — candidate, party, etc.

37.3        When accepting a contribution from a contributor directly, a candidate, leadership contestant, constituency association or registered political party shall

(a) make a record of

(i) the contributor's name and residential address,

(ii) the date the contribution was accepted, and

(iii) the amount or value of the contribution; and

(b) ensure that the contributor signs the record if the contribution is cash of more than $100.

S.M. 2006, c. 15, Sch. B, s. 13.

Application

37.4        For certainty, nothing in sections 37.1 to 37.3 prevents a professional fundraiser, event organizer, call centre, or other similar entity retained for fundraising purposes by a candidate, leadership contestant, constituency association or registered political party from doing one or both of the following:

(a) soliciting a contribution on behalf of the candidate, leadership contestant, constituency association or registered political party;

(b) collecting information from an individual who wishes to make a contribution and forwarding the information to the candidate, leadership contestant, constituency association or registered political party.

S.M. 2006, c. 15, Sch. B, s. 13.

Fund raising functions

38(1)       Where a fund raising function is held by or on behalf of a candidate, leadership contestant, constituency association or registered political party, the income and expenses from the fund raising function shall be recorded

(a) in the case of a candidate or leadership contestant, by his or her official agent;

(b) in the case of a registered political party, by its chief financial officer; and

(c) in the case of a constituency association, by the person responsible for its finances.

Portion of charge considered contribution

38(2)       Subject to subsection (3), where an individual charge is made by the sale of tickets or otherwise for a fund raising function held by or on behalf of a candidate, leadership contestant, constituency association or registered political party, 1/4 of the charge shall be allowed for expenses and the balance is a contribution for purposes of this Act.

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 $20.; and

(b) when multiple tickets are purchased, the total charges to the purchaser are less than $60.

Amounts increased in 2010

38(4)       Beginning January 1, 2010,

(a) the $20. amount in clause (3)(a) is increased to $25.; and

(b) the $60. amount in clause (3)(b) is increased to $75.

S.M. 1998, c. 5, s. 28; S.M. 2000, c. 9, s. 9; S.M. 2002, c. 43, s. 13; S.M. 2006, c. 15, Sch. B, s. 14; S.M. 2008, c. 43, Sch. C, s. 3.

Fundraising by selling items

38.1(1)     When, for the purpose of raising money, an item is sold by or on behalf of a candidate, leadership contestant, constituency association or registered political party, the amount by which the proceeds from the sale exceed the item's acquisition cost is a contribution.

Nominal amounts are not contributions

38.1(2)     Despite subsection (1), there is no contribution for the purposes of this Act if, under that subsection, the proceeds from the sale are less than

(a) $20., where a single item is sold; or

(b) $60., where, as part of the sale, more than one of the same item is sold.

Amounts increased in 2010

38.1(2.1)   Beginning January 1, 2010,

(a) the $20. amount in clause (2)(a) is increased to $25.; and

(b) the $60. amount in clause (2)(b) is increased to $75.

Definition: "acquisition cost"

38.1(3)     In this section, "acquisition cost" is

(a) the actual cost of the item; or

(b) its fair market value;

at the time it was acquired, whichever is greater.

S.M. 2006, c. 15, Sch. B, s. 15; S.M. 2008, c. 43, Sch. C, s. 4.

Candidate's personal contributions

39(1)       A candidate may make contributions in support of the candidate's own campaign for election.

Leadership contestant's personal contributions

39(1.1)     A leadership contestant may make contributions in support of the contestant's own campaign for the leadership.

39(2)       Repealed, S.M. 1998, c. 5, s. 29.

S.M. 1998, c. 5, s. 29; S.M. 2002, c. 43, s. 14.

Value of donation in kind

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

Partial payment for goods or services

40(2)       Where goods or services which would be donations in kind if provided without compensation are provided to a candidate, leadership contestant, constituency association or registered political party at a price below their market value at the time of the transaction, the individual providing the goods or services shall be presumed to have made a donation in kind the value of which is the market value of the goods or services minus the price charged for the goods or services.

Recording donations in kind

40(3)       Subject to section 40.1, where a donation in kind is accepted by or on behalf of a candidate, leadership contestant, constituency association or registered political party, the value of the donation in kind and the name and address of the contributor shall, for purposes of subsection 44(4) and sections 61.1, 62, 64 and 67, be recorded

(a) in the case of a candidate or leadership contestant, by his or her official agent;

(b) in the case of a registered political party, by its chief financial officer; and

(c) in the case of a constituency association, by the person responsible for its finances.

S.M. 1998, c. 5, s. 30; S.M. 2000, c. 9, s. 10; S.M. 2002, c. 43, s. 15; S.M. 2002, c. 59, s. 4.

Exception for donations in kind with minimal value

40.1(1)     In a year, an individual may make two donations in kind, each having a market value of less than $20., 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.

Amount increased in 2010

40.1(2)     Beginning January 1, 2010, the $20. amount in subsection (1) is increased to $25.

S.M. 2002, c. 59, s. 5; S.M. 2008, c. 43, Sch. C, s. 5.

Only individual residents may contribute

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

Limit on contributions by individual

41(1.1)     No individual shall make contributions totalling more than $3,000. in a calendar year to one or more of the following, or any combination of them:

(a) a candidate;

(b) a constituency association;

(c) a registered political party;

(d) a leadership contestant, if the contribution is made after the leadership contest period ends.

Limit on contributions by individuals to leadership contestants

41(1.1.1)   No individual shall make contributions totalling more than $3,000. in a leadership contest period to one or more leadership contestants.

No contributions to contestant before leadership contest begins

41(1.1.2)   No individual shall make a contribution, before the leadership contest period begins, to a person who is or intends to become a leadership contestant.

No contribution through intermediaries

41(1.2)     No individual shall contribute to any candidate, leadership contestant, 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.

Prohibition on acceptance of contributions

41(2)       No person acting on behalf of a candidate, leadership contestant, constituency association or registered political party shall solicit or knowingly accept any contribution prohibited by this section.

Return of contribution

41(3)       Upon learning of any contribution accepted by or on behalf of a candidate, leadership contestant constituency association or registered political party contrary to this Act, the chief financial officer of the registered political party, the official agent of the candidate or leadership contestant, or the person responsible for the finances of the constituency association, shall forthwith return to the contributor

(a) the contribution; or

(b) an amount of money equal to the value of the contribution.

Chief Electoral Officer may require affidavit

41(4)       The Chief Electoral Officer may require an individual who contributes to a candidate, leadership contestant, 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.

S.M. 1998, c. 5, s. 31; S.M. 2000, c. 9, s. 11; S.M. 2002, c. 43, s. 16; S.M. 2006, c. 15, Sch. B, s. 16.

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.

S.M. 1998, c. 5, s. 32; S.M. 2000, c. 9, s. 12.

Reimbursement of contributions

41.2        No person or organization shall reimburse or otherwise compensate or offer to reimburse or otherwise compensate any individual for all or any part of the value of a contribution.

S.M. 1998, c. 5, s. 32; S.M. 2000, c. 9, s. 13.

Accepting contributions that are to be reimbursed

41.3        No person or organization shall accept a contribution knowing that the donor expects to be reimbursed or otherwise compensated by any person or organization for all or any part of the value of the contribution.

S.M. 1998, c. 5, s. 32.

Anonymous contributions

42          Any anonymous contribution of more than $10. received at a meeting or otherwise by a candidate, leadership contestant, constituency association or registered political party shall not be used or expended, but shall be returned to the contributor if the contributor's identity can be established, and if the contributor's identity cannot be established, the contribution shall be turned over to the Minister of Finance to be paid into the Consolidated Fund.

S.M. 2002, c. 43, s. 17.

43          Repealed.

S.M. 1998, c. 5, s. 33; S.M. 2000, c. 9, s. 14.

TRANSFERS

Transfers by registered political parties

44(1)       A registered political party may transfer money, goods or services to any constituency association of the registered political party or to any candidate endorsed by the registered political party or nominated by a constituency association of the registered political party, but shall not transfer money, goods or services to a leadership contestant.

Transfers by constituency associations

44(2)       A constituency association of a registered political party may transfer money, goods or services to the registered political party or to the candidate endorsed by the registered political party or nominated by the constituency association, but shall not transfer money, goods or services to any other candidate, registered political party or constituency association or to a leadership contestant.

Transfers by candidates

44(3)       A candidate endorsed by a registered political party or nominated by a constituency association of a registered political party may transfer money, goods or services to the registered political party, but the candidate shall not transfer money, goods or services to any constituency association of the registered political party or to another candidate or a leadership contestant.

No transfer by leadership contestant

44(3.1)     Except as provided in subsection 68.1(4) (payment of surplus to party), a leadership contestant shall not transfer money, good or services to a registered political party, a constituency association of a registered political party, a candidate or another leadership contestant.

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.

Recording of transfers

44(5)       Any transfer permitted under this section is not a contribution to the candidate, constituency association or registered political party to whom or which the money, goods or services are transferred, but the chief financial officer of the registered political party, the official agent of the candidate or the person responsible for the finances of the constituency association, by whom or by which and to whom or to which the money, goods and services are transferred shall record the transfer.

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.

S.M. 1998, c. 5, s. 35; S.M. 1999, c. 2, s. 8; S.M. 2000, c. 9, s. 15; S.M. 2002, c. 43, s. 18; S.M. 2006, c. 15, Sch. B, s. 17.

LOANS

Loans

44.1(1)     Subject to this section, a loan to a registered political party, a candidate, a leadership contestant, or a constituency association is not a contribution.

Loans for lesser rate of interest

44.1(2)     If a loan is made to a registered political party, a candidate, a leadership contestant, or a constituency association at a rate of interest that is less than the prime rate of the government's principal banker at the time the rate of interest on the loan is fixed, the difference between the amount of interest that would be payable at that prime rate and the amount being charged for the loan is deemed to be a contribution.

Payments on behalf of debtor

44.1(3)     If a loan is made to a registered political party, a candidate, a leadership contestant, or a constituency association and a payment on the loan is made by someone other than the debtor, subject to section 44.5, the amount of the payment is deemed to be a contribution.

Maximum term of 24 months

44.1(3.1)   No person or organization shall

(a) make a loan to a registered political party, a candidate, a leadership contestant or a constituency association if the term of the loan exceeds 24 months; or

(b) refinance or renew a loan to a registered political party, a candidate, a leadership contestant or a constituency association in a manner that results in loan payments being due more than 24 months after the loan was first made.

Maximum amount of $3,000.

44.1(3.2)   No person or organization shall make loans totalling more than $3,000. in a calendar year to one or more registered political parties, candidates, leadership contestants or constituency associations, or any combination of them.

Exception

44.1(3.3)   Subsections (3.1) and (3.2) do not apply to a loan that is

(a) made by a financial institution to a registered political party, a candidate, a leadership contestant or a constituency association;

(b) made to a candidate by a registered political party or a constituency association; or

(c) made between a registered political party and a constituency association.

Loans not collected

44.1(4)     If a loan to a registered political party, a candidate, a leadership contestant, or a constituency association remains unpaid six months after becoming due and no legal proceedings to recover the debt have been commenced by the creditor, the amount of the debt owed is deemed to be a contribution, unless the creditor is a financial institution.

Creditor's rights continue

44.1(5)     Nothing in subsection (4) affects the rights of a creditor in relation to the debt.

No tax receipt for deemed contributions

44.1(6)     No tax receipts shall be issued for amounts that are deemed to be contributions under this section.

S.M. 1998, c. 5, s. 36; S.M. 2000, c. 9, s. 16; S.M. 2002, c. 43, s. 19; S.M. 2006, c. 15, Sch. B, s. 18.

Requirements regarding loan agreements

44.2(1)     A loan agreement for a loan to a registered political party, a candidate, a leadership contestant or a constituency association shall

(a) be in writing;

(b) set out the amount of the loan, the term of the loan, the name and address of the lender, the name and address of any guarantor and the details of any assignment of reimbursement made by the debtor; and

(c) be filed with the Chief Electoral Officer immediately after it is made.

Publication by C.E.O.

44.2(1.1)   As soon as reasonably practicable after receiving a copy of a loan agreement, the Chief Electoral Officer must publish, in a manner that he or she determines, a notice that identifies the debtor and includes the information required by clause (1)(b) in respect of the loan.

Exception

44.2(1.2)   Subsection (1.1) does not apply if the loan is made by a financial institution or is for an amount less than $250.

Reports regarding balance

44.2(2)     Information regarding the balance remaining unpaid on a loan shall be provided to the Chief Electoral Officer

(a) by the chief financial officer of a registered political party, the official agent of a candidate or leadership contestant, or the person responsible for the finances of a constituency association at the time of filing a statement under section 59, 60, 61 or 67; and

(b) in the case of a candidate or leadership contestant, by the candidate or contestant within 30 days after the end of each year in which the balance owing on the loan is $250. or more.

S.M. 1998, c. 5, s. 36; S.M. 2002, c. 43, s. 20; S.M. 2006, c. 15, Sch. B, s. 19.

No loans from candidates to others

44.3        A candidate shall not lend money raised for the purposes of an election to another person or to any organization.

S.M. 1998, c. 5, s. 36.

No loans from leadership contestant to others

44.3.1      A leadership contestant shall not lend money raised for the purposes of a leadership contest to another person or to any organization.

S.M. 2002, c. 43, s. 21.

Constituency association loans

44.4        A constituency association may lend money only to its registered political party or its nominated candidate.

S.M. 1998, c. 5, s. 36.

Deemed transfers

44.5        In the case of loan agreements among any of registered political parties, constituency associations or candidates, the following are deemed to be transfers:

(a) if the rate of interest on the loan is less than the prime rate of the government's principal banker at the time the rate of interest on the loan is fixed, the difference between the amount of interest that would be payable at that prime rate and the amount being charged for the loan;

(b) the amount of any payment on the loan that is not made by the debtor but is made by a registered political party, constituency association or candidate; and

(c) the amount of any loan that remains unpaid 12 months after becoming due.

S.M. 1998, c. 5, s. 36.

45 to 47    Repealed.

S.M. 1998, c. 5, s. 37 to 39; .S.M. 2000, c. 9, s. 17.

AUTHORIZATION OF ELECTRONIC AND PRINTED MATERIAL

Authorization for printed material

48(1)       No candidate or registered political party, and no person acting on behalf of and with the knowledge and consent of a candidate or registered political party, shall print, publish or distribute during an election period

(a) an advertisement

(i) in a newspaper, magazine or other periodical publication, or

(ii) on a billboard, bus or other property normally used for purposes of commercial advertising; or

(b) a poster, leaflet, letter, card or other promotional material;

(c) a sign or banner;

the purpose of which is to support or oppose, directly or indirectly, a candidate or registered political party in the election or print, publish or distribute any other campaign material intended for public distribution, unless the advertisement, promotional material, sign or banner or other campaign material is authorized in writing by the chief financial officer of the registered political party or the official agent of the candidate and has printed on it a statement of that authorization.

Exception for expressions of opinion

48(2)       Clause (1)(b) does not include a commentary, letter to the editor or similar expression of opinion of a kind normally published without charge in a newspaper, magazine or other periodical publication.

Authorization for electronic medium

48(3)       No candidate or registered political party, and no person acting on behalf of and with the knowledge and consent of a candidate or registered political party, shall during an election period cause to appear on radio or television or any other electronic medium any advertisement the purpose of which is to support or oppose, directly or indirectly, a candidate or registered political party in the election or cause to appear any other campaign material intended for public distribution, unless the advertisement or other campaign material is authorized in writing by the chief financial officer of the registered political party or the official agent of the candidate and a statement of the authorization is announced or shown with it.

Authorization by candidate

48(4)       When the candidacy period of a candidate begins before the appointment of the candidate's official agent, the candidate shall provide the authorization referred to in subsections (1) and (3) in respect of any advertisement, promotional material, sign or banner or other campaign material intended for public distribution prepared before the appointment of the official agent.

Application of section to leadership contestants

48(5)       This section applies, with necessary changes, to leadership contestants during a leadership contest period.

S.M. 1998, c. 5, s. 40; S.M. 2002, c. 43, s. 22.

49          Repealed.

S.M. 1998, c. 5, s. 41.

LIMIT ON ELECTION EXPENSES

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 $1.79 by the number of names on the 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 $3.22 by the number of names on the 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 $0.92 by the number of names on the 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 $1.61 by the number of names on the 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.

S.M. 1998, c. 5, s. 42; S.M. 2000, c. 9, s. 19; S.M. 2006, c. 15, Sch. B, s. 20; S.M. 2008, c. 43, Sch. C, s. 6.

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 $2.72 by the number of names on the 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 $4.33 by the number of names on the 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 $0.56 by the number of names on the 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.

S.M. 1998, c. 5, s. 43; S.M. 2000, c. 9, s. 19; S.M. 2006, c. 15, Sch. B, s. 20; S.M. 2008, c. 43, Sch. C, s. 7.

Variation of limitations on expenses

52          For the purposes of any election held after the coming into force of this section, the maximum amounts to be permitted on a per voter basis for election expenses and advertising expenses under sections 50 and 51 shall be increased or decreased in accordance with the percentage change in the Consumer Price Index for The City of Winnipeg published by Statistics Canada from June 2008 to the second month immediately preceding the month during which the writ or writs of election is or are issued in accordance with the following formula:

M = A × I/B

In this formula,

M

is the maximum amount to be permitted on a per voter basis for election expenses and advertising expenses in the election;

A

is the maximum amount permitted on a per voter basis for election expenses and advertising expenses under sections 50 and 51;

I

is the consumer price index for The City of Winnipeg published by Statistics Canada for the second month immediately preceding the month during which the writ or writs of election is or are issued;

B

is the Consumer Price Index for The City of Winnipeg published by Statistics Canada for June 2008.

S.M. 1998, c. 5, s. 44; S.M. 2000, c. 9, s. 20; S.M. 2008, c. 43, Sch. C, s. 8.

Publication of new maximum amounts

53          Forthwith after the issue of a writ or writs for an election, the Chief Electoral Officer shall calculate, in accordance with the formula set out in section 52, the maximum amounts to be permitted on a per voter basis for the election expenses and advertising expenses of candidates and registered political parties in the election and shall cause the results of the calculation to be published in the Manitoba Gazette.

S.M. 1998, c. 5, s. 45; S.M. 2000, c. 9, s. 21.

Names on voters lists

54(1)       The Chief Electoral Officer or the returning officer on the direction of the Chief Electoral Officer shall for each electoral division, as soon as it is practicable,

(a) add up the number of names on the voters lists in the electoral division as revised up to the end of the second Thursday before polling day; and

(b) advise every candidate in the electoral division and every registered political party of the number of names on the voters lists.

Names on final voters lists

54(2)       The Chief Electoral Officer or the returning officer on the direction of the Chief Electoral Officer shall for each electoral division, as soon as it is practicable,

(a) add up the number of names on the voters lists in the electoral division as the lists exist at the end of the day on polling day; and

(b) advise every candidate in the electoral division and every registered political party of the number of names on the final voters lists.

S.M. 1998, c. 5, s. 46.

Minimum number of voters

54.0.1      For the purposes of sections 50 and 51, the number of names on the voters lists for an electoral division is the greater of

(a) the number of names on the final voters lists as determined under subsection 54(2); and

(b) the number of names on the final voters lists for the preceding general election.

S.M. 2006, c. 15, Sch. B, s. 21.

ANNUAL LIMIT ON ADVERTISING EXPENSES

Advertising expense limits for year of fixed date elections

54.1(1)     In the year of a fixed date election the total advertising expenses incurred outside an election period

(a) by a registered political party shall not exceed $250,000.; and

(b) by a candidate shall not exceed $6,000.

Expenses incurred by others

54.1(2)     For the purposes of this section, advertising expenses are incurred

(a) by a registered political party if the expenses are incurred

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

(ii) by a constituency association of the party; and

(b) by a candidate if the expenses are incurred by an individual on the candidate's behalf with the candidate's knowledge and consent.

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.

Leadership contest expenses not included in annual limit

54.1(3.1)   Advertising expenses incurred in respect of a leadership contest — whether incurred by or on behalf of a leadership contestant or a registered political party — are not advertising expenses to which the limit under this section applies.

Inflation adjustment

54.1(4)     At the beginning of each calendar year after 2008, 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 2008 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.

Expanded definition of "advertising expenses"

54.1(6)     For the purposes of this section, in the year of a fixed date election, "advertising expenses" also includes money spent or liabilities incurred, and the value of donations in kind accepted, in respect of

(a) posters, leaflets, letters, cards, signs and banners; and

(b) any similar printed material, the purpose of which is to support or oppose, directly or indirectly, a registered political party or candidate;

that a registered political party or candidate produces and distributes, if the material is distributed outside the election period in that year, but does not include

(c) material that is distributed

(i) to individuals who hold memberships in the party, or

(ii) at a conference, convention or meeting held by the party, or a constituency association or candidate of the party; or

(d) a commentary, letter to the editor or similar expression of opinion of a kind normally published without charge in a newspaper, magazine or other periodical publication.

S.M. 2000, c. 9, s. 22; S.M. 2002, c. 43, s. 23; S.M. 2006, c. 15, Sch. B, s. 22; S.M. 2008, c. 43, Sch. C, s. 9.

Advertising must be authorized

54.2(1)     Advertising conducted outside an election period must be authorized as follows:

(a) advertising by a registered political party must be authorized by the party's chief financial officer;

(b) advertising by a constituency association must be authorized by the person responsible for the finances of the constituency association;

(c) advertising by a candidate must be authorized by

(i) the candidate's official agent, or

(ii) the candidate, if the advertising is conducted before his or her official agent is appointed.

Placement of authorization

54.2(2)     The person responsible for authorizing an advertisement under subsection (1) must ensure that the authorization is

(a) printed on the advertisement, if the advertisement is of a type described in clause 48(1)(a), (b) or (c); or

(b) announced or shown with the advertisement, if the advertisement appears on radio or television or any other electronic medium.

S.M. 2000, c. 9, s. 22; S.M. 2006, c. 15, Sch. B, s. 23.

CLAIMS FOR ELECTION EXPENSES

Claim for election expenses

55(1)       Every person who has a claim against a candidate or registered political party for an election expense shall send the claim to the official agent of the candidate or the chief financial officer of the registered political party prior to polling day or within one month after polling day for the election.

Death of claimant

55(2)       Where a person having a claim against a candidate or registered political party for an election expense dies before the expiry of the one month period referred to in subsection (1), the person's personal representative shall send the claim to the official agent of the candidate or the chief financial officer of the registered political party within one month after letters probate or letters of administration have issued in respect of the person's estate.

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.

Payment or authorization by candidate

55(4)       Where the official agent of a candidate is unable or unwilling to make or authorize a payment in respect of a claim against the candidate for an election expense, the candidate may make or authorize the payment.

Barring of claims in respect of election expenses

55(5)       Where a claim for an election expense is not sent to the chief financial officer of the registered political party or the official agent of the candidate within the time period set out under subsection (1) or (2), as the case may be, the right to recover on the claim is barred unless the claim is approved by a court in any proceeding.

S.M. 1998, c. 5, s. 47; S.M. 2000, c. 9, s. 24.

CLAIM FOR LEADERSHIP CONTESTANT EXPENSES

Claim for leadership contestant expenses

55.0.1(1)   Every person who has a claim against a leadership contestant for an expense incurred by the contestant in respect of the leadership contest shall send the claim to the contestant's official agent within one month after the date of the leadership vote.

Section 55 applies to leadership contestants

55.0.1(2)   Section 55 applies, with necessary changes, in relation to claims for expenses against leadership contestants.

S.M. 2002, c. 43, s. 24.

GOVERNMENT ADVERTISING

Government advertising and publications in general election

56(1)       No government department or Crown agency shall publish or advertise any information about its programs or activities in the last 90 days before polling day, and on polling day, in the case of a fixed date election, or during the election period for any other general election, unless the publication or advertisement

(a) is required by law;

(b) is required at that time

(i) to solicit proposals or tenders for contracts or applications for employment with the department or agency, or

(ii) because it relates to important matters of public health or safety; or

(c) is by a Crown agency, is in continuation of earlier publications or advertisements and is required at the time for ongoing programs of the agency.

Government advertising and publications in by-election

56(1.1)     During the election period for a by-election, no government department or Crown agency shall publish or advertise any information about its programs or activities unless the publication or advertisement

(a) is required by law;

(b) is required at that time

(i) to solicit proposals or tenders for contracts or applications for employment with the department or agency, or

(ii) because it relates to important matters of public health or safety; or

(c) is in continuation of earlier publications or advertisements and is required at the time for ongoing programs of the government department or Crown agency.

Publication of Assembly business in by-election

56(1.2)     During the election period for a by-election, nothing in subsection (1.1) shall restrict any publication or advertisement that deals with matters before the Assembly, such as a press release or other publication relating to the throne speech, the budget, the introduction or passage of bills and orders or resolutions of the Assembly.

Complaint concerning government advertising

56(2)       Any person who believes that a department or Crown agency has violated subsection (1) or (1.1) may file a complaint with the commissioner.

Commissioner to advise if complaint justified

56(3)       If the commissioner finds that a complaint is justified, he or she must give particulars of the violation to the Chief Electoral Officer.

Notice in annual report

56(4)       The Chief Electoral Officer must give particulars of the violation in the annual report provided under section 99.

S.M. 1998, c. 5, s. 49; S.M. 2006, c. 15, Sch. B, s. 24; S.M. 2008, c. 43, Sch. C, s. 10.

FINANCIAL STATEMENTS AND RETURNS

Form of financial statements and returns

57(1)       The statements and returns required to be filed with the Chief Electoral Officer under this Act shall be in prescribed forms to disclose the information or particulars required to be disclosed under this Act.

Providing information

57(2)       When information about the financial affairs of a candidate, leadership contestant, 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 or contestant'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.

S.M. 1998, c. 5, s. 51; S.M. 2000, c. 9, s. 26; S.M. 2002, c. 43, s. 25.

Maintaining records

58          Every candidate, leadership contestant, 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.

S.M. 1998, c. 5, s. 52; S.M. 1999, c. 2, s. 9; S.M. 2000, c. 9, s. 27; S.M. 2002, c. 43, s. 26.

Annual statement of registered political party

59          Within three months after the end of every year, the chief financial officer of every registered political party shall file with the Chief Electoral Officer an audited statement setting out

(a) the income, including contributions and transfers, during the year;

(b) the expenses, including annual advertising expenses under section 54.1 and transfers, during the year; and

(c) the assets and liabilities;

of the registered political party.

S.M. 2000, c. 9, s. 28.

Statement of registered political party for election

60          Where during a year there occurs an election in respect of which a registered political party incurs election expenses, the statement filed under section 59 shall not include

(a) the income, including contributions and transfers, of the registered political party during the campaign period of the election;

(b) the election expenses of the registered political party; and

(c) the transfers made by the registered political party during the campaign period of the election to any candidate endorsed by the registered political party in the election or to any constituency association of the registered political party in any electoral division in which the election is being contested;

and, within four months after polling day for the election, the chief financial officer of the registered political party shall file with the Chief Electoral Officer a separate audited statement setting out details of the matters referred to in clauses (a), (b) and (c).

S.M. 1998, c. 5, s. 53; S.M. 2006, c. 15, Sch. B, s. 27.

Statement of candidate

61(1)       Within four months after polling day for the election, the official agent of every candidate shall file with the Chief Electoral Officer an audited statement setting out

(a) all receipts and income, including contributions and other income, of the candidate during the candidacy period;

(b) all disbursements, including the election expenses, of the candidate during the candidacy period;

(c) all transfers received and disbursed;

(d) the assets of the candidate at the end of the candidacy period;

(d.1) the liabilities of the candidate at the end of the candidacy period, including the name of each supplier of goods or services to whom the candidate owes payment, and the amount owing to each;

(e) in the case of a disabled candidate, the reasonable expenses incurred by the candidate in relation to his or her disability to enable the candidate to campaign in the election period; and

(f) in the case of a candidate who incurred child care expenses in order to be able to campaign in the election period, the reasonable child care expenses incurred;

together with the auditor's report for the financial statement.

Evidence of disbursements and expenses

61(2)       The statement filed under subsection (1) must be accompanied by copies of receipts or other evidence of the disbursements and expenses set out in the statement.

S.M. 1998, c. 5, s. 54; S.M. 2006, c. 15, Sch. B, s. 28.

Statement of leadership contestant

61.1(1)     Within 30 days after the end of the leadership contest period, the official agent of every leadership contestant shall file with the Chief Electoral Officer an audited statement setting out

(a) all receipts and income, including contributions and other income, of the leadership contestant during the leadership contest period;

(b) all disbursements by or on behalf of the contestant during the leadership contest period; and

(c) the assets and liabilities of the contestant at the end of the leadership contest period;

together with the auditor's report for the financial statement.

Details of contributions to leadership contestant

61.1(2)     At the time of filing a statement under subsection (1), the official agent of every leadership contestant shall also file with the Chief Electoral Officer a return setting out, in respect of the leadership contest period of the contestant,

(a) where the aggregate value of the contributions received by or on behalf of the contestant during the leadership contest period from any individual was $250. or more,

(i) the name and address of the individual, and

(ii) the aggregate value of the contributions from that individual to the contestant during the leadership contest period;

(b) where the aggregate value of the contributions received by or on behalf of the contestant during the leadership contest period from any individual was $25. or more but was less than $250., the aggregate value of all such contributions from all such contributors to the contestant during the leadership contest period; and

(c) the aggregate value of all contributions received by or on behalf of the contestant during the leadership contest period and not included in the aggregates required to be set out under clauses (a) and (b).

Contestant to keep records

61.1(3)     If the leadership contest period begins before a leadership contestant appoints an official agent, the contestant shall maintain records of receipts, expenses, and assets and liabilities, in sufficient detail to meet the filing requirements under this section. Upon the appointment of the official agent, the contestant shall turn the records over to the official agent.

Filing by leadership contestant who withdraws

61.1(4)     The requirements of subsections (1) to (3) apply to any leadership contestant who withdraws from a leadership contest, and in that event,

(a) the leadership contest period ends on the day the person withdraws; and

(b) if the contestant withdraws before appointing an official agent, the contestant shall file the statement and return required under this section.

Expenses and contributions only after leadership contest period begins

61.1(5)     No leadership contestant may incur an expense or accept a contribution related to a leadership contest before the leadership contest period begins.

S.M. 2002, c. 43, s. 27.

Details of contributions to political parties

62          At the time of filing a statement under section 59, the chief financial officer of a registered political party shall also file with the Chief Electoral Officer a return setting out in respect of the fiscal year covered by the statement

(a) where the aggregate value of the contributions received by or on behalf of the registered political party during the year from any individual was $250. or more

(i) the name and address of the individual, and

(ii) the aggregate value of the contributions from that individual to the registered political party during the year;

(b) where the aggregate value of the contributions received by or on behalf of the registered political party during the year from any individual was $25. or more but was less than $250., the aggregate value of all such contributions from all such contributors to the registered political party during the year;

(c) the aggregate value of all contributions received by or on behalf of the registered political party during the year and not included in the aggregates required to be set out under clauses (a) and (b); and

(d) where the aggregate value of transfers to the registered political party from any constituency association of the registered political party during the year was $250. or more

(i) the name and address of any individual whose contributions to the constituency association during the year had an aggregate value of $250. or more, and

(ii) the aggregate value of the contributions from that individual to the constituency association during the year.

S.M. 2000, c. 9, s. 29.

Election not to affect return

63          Notwithstanding that during a year there occurs an election in respect of which a registered political party files a statement under section 60, the return filed under section 62 shall take into account the entire 12 months of the year.

Details of contributions to candidate

64          At the time of filing a statement under section 61, the official agent of every candidate shall also file with the Chief Electoral Officer a return setting out in respect of the candidacy period of the candidate

(a) where the aggregate value of the contributions received by or on behalf of the candidate during the candidacy period from any individual was $250. or more

(i) the name and address of the individual, and

(ii) the aggregate value of the contributions from that individual to the candidate during the candidacy period;

(b) where the aggregate value of the contributions received by or on behalf of the candidate during the candidacy period from any individual was $25. or more but was less than $250., the aggregate value of all such contributions from all such contributors to the candidate during the candidacy period;

(c) the aggregate value of all contributions received by or on behalf of the candidate during the candidacy period and not included in the aggregates required to be set out under clauses (a) and (b); and

(d) in the case of a candidate endorsed by a registered political party, where the aggregate value of transfers to the candidate from the constituency association of the registered political party during the candidacy period was $250. or more

(i) the name and address of any individual whose contributions to the constituency association during the candidacy period had an aggregate value of $250. or more, and

(ii) the aggregate value of the contributions from that individual to the constituency association during the candidacy period.

S.M. 1998, c. 5, s. 55; S.M. 2000, c. 9, s. 29.

Candidate to keep records

65          Where the candidacy period of a candidate commences prior to the appointment of the candidate's official agent, the candidate shall maintain records of receipts, expenses, transfers and assets and liabilities in sufficient detail to meet the filing requirements under section 61 and section 64 of this Act; and upon the appointment of the candidate's official agent, the candidate shall turn the records over to the official agent.

S.M. 1998, c. 5, s. 56.

Filing by candidate who withdraws

66(1)       Sections 61 and 64 apply to any candidate who withdraws from an election.

Candidacy period defined

66(2)       For purposes of sections 61 and 64, the candidacy period of a candidate who withdraws from an election commences on the date on which the person becomes a candidate in the election under this Act and ends on the date on which the person withdraws from the election.

Candidate to meet filing requirements

66(3)       Where a candidate withdraws from an election before appointing an official agent, the candidate shall file the statement required under section 61 and the return required under section 64.

S.M. 1998, c. 5, s. 57.

If by-election cancelled

66.1        For the purposes of this Act, if a by-election is cancelled because a general election has been called,

(a) polling day for the by-election is deemed to have been held on the day that the order is made calling the general election;

(b) election expenses incurred for the by-election are not included as election expenses for the general election;

(c) if a candidate in the by-election is also a candidate in the general election, the statement of the candidate under section 61 for the by-election may be filed at the same time the statement of the candidate is filed for the general election; and

(d) the statement of a registered political party under section 60 for the by-election may be filed at the same time the statement of the party is filed for the general election.

S.M.2008, c. 43, Sch. C, s. 11.

Return by constituency association

67(1)       Where during any year the aggregate value of the contributions received by or on behalf of a constituency association from any individual is $250. or more, the person responsible for the finances of the constituency association shall, within 30 days after the end of the year, file with the Chief Electoral Officer a return setting out

(a) the name and address of the individual; and

(b) the aggregate value of the contributions from that individual to the constituency association during the year.

Application to constituency associations for new electoral divisions

67(2)       For greater certainty, this section applies to every constituency association for an existing electoral division and to every constituency association formed in anticipation of the coming into force of new electoral division boundaries.

S.M. 1998, c. 5, s. 58; S.M. 2000, c. 9, s. 29.

Interpretation: "campaign deficit"

68(1)       For the purpose of this section, a candidate has a campaign deficit if any liabilities incurred by him or her in the election remain outstanding after the candidate's reimbursement, if any, has been paid out in accordance with section 73.1 or 73.2.

Elimination of candidate's campaign deficit

68(2)       Within 30 days after the end of the year, every candidate with a campaign deficit shall file with the Chief Electoral Officer a return setting out

(a) the amount of the campaign deficit that remains outstanding;

(b) if the campaign deficit has been reduced or eliminated, the total amounts of contributions, transfers or other funds used to reduce or eliminate the campaign deficit; and

(c) if the candidate received, after the end of the campaign period, contributions from any individual which in any year have an aggregate value of $250. or more,

(i) the name and address of the individual, and

(ii) the aggregate value of the contributions from that individual to the candidate during the year.

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.

S.M. 1998, c. 5, s. 59; S.M. 2000, c. 9, s. 29 and 30; S.M. 2006, c. 15, Sch. B, s. 29.

Leadership contestant's deficit or surplus: definitions

68.1(1)     In this section,

"deficit" means the amount by which money paid or payable by a leadership contestant exceeds money received or receivable; (« déficit »)

"surplus" means the amount by which money received or receivable by a leadership contestant exceeds money paid or payable. (« excédent »)

Elimination of deficit

68.1(2)     Within 30 days after the end of the year, every leadership contestant with a deficit shall file with the Chief Electoral Officer a return setting out

(a) the amount of the deficit that remains outstanding;

(b) if the deficit has been reduced or eliminated, the total amounts of contributions or other funds used to reduce or eliminate it; and

(c) if the contestant received, after the end of the leadership contest period, contributions from any individual which in any year have an aggregate value of $250. or more,

(i) the name and address of the individual, and

(ii) the aggregate value of the contributions from that individual to the leadership contestant during the year.

Records of contributions

68.1(3)     At the time of filing a return under subsection (2), every contestant with a 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.

Payment of surplus

68.1(4)     If a leadership contestant has a surplus, the contestant's official agent shall transfer the surplus to the chief financial officer of the registered political party for which the leadership contest was held.

Payment of surplus in case of withdrawal

68.1(5)     When a leadership contestant who withdraws from a leadership contest has a surplus at the time of withdrawal, his or her official agent shall transfer the surplus to the chief financial officer of the registered political party for which the leadership contest is held. If the withdrawal occurs before an official agent is appointed, the contestant shall transfer the surplus to the chief financial officer of the party.

Contributions after leadership period ends

68.1(6)     A leadership contestant shall not accept a contribution after the leadership contest period ends, except for the purpose of reducing or eliminating his or her deficit.

S.M. 2002, c. 43, s. 28; S.M. 2006, c. 15, Sch. B, s. 30.

Failure to file by chief financial officer or official agent

69(1)       Where the chief financial officer of a registered political party or the official agent of a candidate or leadership contestant does not file a statement or return or other information with the Chief Electoral Officer within the time period prescribed under this Act or any extension thereof granted by the Chief Electoral Officer, the Chief Electoral Officer shall give written notice by personal service or by certified mail

(a) in the case of the official agent of a candidate or leadership contestant, to the candidate or contestant; and

(b) in the case of the chief financial officer of a registered political party, to the leader or the president of the registered political party;

that the statement or return or other information has not been filed.

Filing by candidate, contestant or leader

69(2)       A person who receives notice under subsection (1) shall, within 30 days after receiving it or within any extended time period granted by the Chief Electoral Officer, file the statement or return or other information.

Failure to file by successful candidate

69(3)       Where a candidate who has been elected fails to file a statement or return or other information in accordance with subsection (2), the Chief Electoral Officer shall send a written report of the failure to file to the Speaker of the Assembly who shall

(a) if the Assembly is then in session, forthwith lay the report before the Assembly; or

(b) if the Assembly is not then in session, lay the report before the Assembly on the first day of the next ensuing session;

and unless the statement or return or other information is filed with the Chief Electoral Officer, the candidate shall not sit in the Assembly.

Failure to file by unsuccessful candidate

69(4)       Where a candidate who has not been elected fails to file a statement or return or other information in accordance with subsection (2), the candidate is ineligible to be nominated as a candidate in any election up to and including the next general election unless the statement or return or other information is filed with the Chief Electoral Officer.

Additional penalties retained

69(5)       Nothing in this section precludes the imposition of any other penalty against any person for a violation of this Act.

S.M. 1998, c. 5, s. 60; S.M. 2000, c. 9, s. 31; S.M. 2002, c. 43, s. 29.

Late filing fee

69.1(1)     Every person described in subsection (2) who fails to file a statement, return or information as required by this Act shall pay to the Chief Electoral Officer a late filing fee of $25. for each day the failure continues, not exceeding 30 days.

Persons who must pay

69.1(2)     A late filing fee is payable by the following persons:

(a) the chief financial officer of a registered political party, if he or she fails to file a statement under section 59 or 60;

(b) the official agent of a candidate or leadership contestant, if the official agent fails to file a statement under section 61 or 61.1;

(c) not yet proclaimed;

(d) a candidate who fails to file

(i) the information required under clause 44.2(2)(b), or

(ii) a return under subsection 68(2);

(e) a leadership contestant who fails to file

(i) the information required under clause 44.2(2)(b), or

(ii) a return under subsection 68.1(2);

(f) a person who receives a request or notice under subsection 55.11(5), 57(2), or 69(1) and fails to file the requested statement, return or information.

Late filing fee — constituency association

69.1(3)     A person responsible for the finances of a constituency association, if he or she fails to file a return under section 67 for more than 30 days after it is due, shall pay to the Chief Electoral Officer a late filing fee of $25. for each additional day the failure continues, not exceeding 30 days.

No prosecution if fee paid

69.1(4)     No prosecution shall be commenced against

(a) a person for failing to file a statement, return or information described in subsection (2) if, within 30 days after the statement, return or information was required, it is filed and the late filing fee is paid; or

(a) a person responsible for the finances of a constituency association for failing to file a return under section 67 if, within 60 days after the return was required, it is filed and the late filing fee is paid.

Deducting late fee from amounts payable

69.1(4.1)   When a person owes a late filing fee under this section, the Chief Electoral Officer may deduct the amount of the fee owing from any amount that may be payable under this Act to the person.

CEO to make late filing fees public

69.1(4.2)    The Chief Electoral Officer may make public the name of a person who is obligated to pay a late filing fee and the amount payable.

Fees to be turned over to Minister of Finance

69.1(5)     The Chief Electoral officer must turn over all money received under this section to the Minister of Finance, to be paid into the Consolidated Fund.

S.M. 2006, c. 15, Sch. B, s. 31; S.M. 2008, c. 43, Sch. C, s. 12.

Inspection by public

70(1)       All statements and returns filed with the Chief Electoral Officer and all registers and records maintained by the Chief Electoral Officer under clause 6(a) or (b) are public information and are open to inspection by anyone at any time during regular office hours.

Copies of documents

70(2)       Upon payment of the appropriate fee prescribed by the Chief Electoral Officer, any person may obtain a copy of

(a) any statement or return filed with the Chief Electoral Officer; or

(b) any entry in a register or record maintained by the Chief Electoral Officer under clause 6(a) or (b);

(c) repealed, S.M. 2006, c. 15, Sch. B, s. 32.

S.M. 2000, c. 9, s. 32; S.M. 2006, c. 15, Sch. B, s. 32.

INSPECTIONS AND AUDITS BY THE CHIEF ELECTORAL OFFICER

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, leadership contestants, 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.

Entry to inspect records

70.1(2)     The Chief Electoral Officer or a representative of the Chief Electoral Officer may, at any reasonable time and where reasonably required for the purposes of this section,

(a) enter any premises where he or she has reason to believe there are records of a registered political party, candidate, leadership contestant, constituency association or third party relevant to an inspection or audit under this section; and

(b) inspect and make copies of those records.

Assistance must be given

70.1(3)     Any person occupying premises referred to in subsection (2) shall

(a) produce and permit copies or extracts to be made of all records required by the Chief Electoral Officer or the representative; and

(b) provide any information that the Chief Electoral Officer or representative may reasonably require.

Inspection warrant

70.1(4)     A justice who is satisfied by information on oath that

(a) entry to premises is reasonably required for the purposes of this section; and

(b) entry has been refused or there are reasonable grounds to believe that entry will be refused;

may at any time issue a warrant authorizing the Chief Electoral Officer or representative to enter the premises and exercise the powers set out in this section, subject to any conditions that may be specified in the warrant.

S.M. 1999, c. 2, s. 10; S.M. 2000, c. 9, s. 33; S.M. 2002, c. 43, s. 30.

ANNUAL ALLOWANCE FOR REGISTERED POLITICAL PARTIES

Statement by party

70.2(1)     When filing an audited statement under section 59, the chief financial officer of a registered political party must also file with the Chief Electoral Officer a statement specifying whether the party wishes to receive an annual allowance for the year covered by the audited statement.

Annual allowance

70.2(2)     The annual allowance is the lesser of the following amounts, as determined by the Chief Electoral Officer:

(a) subject to subsection (3), the amount equal to the product obtained by multiplying $1.25 by the number of valid votes received by each candidate endorsed by the party in the most recent general election, to a maximum of $250,000.;

(b) the total expenses paid by the party in the year, as set out by the party in its audited statement filed with the Chief Electoral Officer under section 59.

Determining maximum in year of general election

70.2(3)     For a year in which a general election is held, the amount in clause (2)(a) is to be determined in accordance with the following formula:

$1.25 × [(A× B/E) + (C × D/E)]

In this formula,

A

is the number of valid votes received by each candidate endorsed by the party in the general election;

B

is the number of days in the year after the polling day of the general election;

C

is the number of valid votes received by each candidate endorsed by the party in the preceding general election;

D

is the number of days in the year up to and including polling day of the general election;

E

is the number of days in the year.

Minimum allowance

70.2(4)     Despite subsections (2) and (3), the minimum annual allowance payable to a registered political party is

(a) $10,000., if the party is represented in Assembly by at least one member who was elected with the party's endorsement in the most recent general election; or

(b) $600., in any other case.

S.M. 2008, c. 43, Sch. C, s. 13.

If allowance not used for expenses

70.3        If a registered political party that is entitled to receive an annual allowance for a year has not, in that year, paid expenses for its administration and functions that are at least equal to the amount of the allowance, the Chief Electoral Officer must deduct the difference from the party's allowance certified under section 70.4.

S.M. 2008, c. 43, Sch. C, s. 13.

Certifying amount of allowances

70.4(1)     Within one month after receiving an audited statement of a registered political party under section 59 along with a request for an annual allowance, the Chief Electoral Officer must certify the annual allowance payable and make the amount public.

Postponing certifying allowance

70.4(2)     The Chief Electoral Officer may postpone certifying a party's annual allowance if the statement filed by the party under section 59 fails to satisfy the requirements of this Act.

Allowance paid out of Consolidated Fund

70.4(3)     An annual allowance shall be paid from the Consolidated Fund without further appropriation, as soon as reasonably practicable after being certified.

S.M. 2008, c. 43, Sch. C, s. 13.

REIMBURSEMENT OF ELECTION EXPENSES

When candidate eligible for reimbursement

71(1)       A candidate is eligible to receive a reimbursement of election expenses if he or she obtained at least 10% of all the valid votes cast in the electoral division in which he or she was a candidate.

Amount of reimbursement — candidate

71(2)       The reimbursement to be paid to a candidate is

(a) 100% of the following expenses:

(i) the reasonable child care expenses incurred by the candidate to enable the candidate to campaign in the election period,

(ii) the reasonable expenses incurred by a disabled candidate in relation to his or her disability to enable the candidate to campaign in the election period; and

(b) 50% of the actual election expenses, excluding donations in kind, incurred by or on behalf of the candidate, to a maximum of 50% of the total election expense limit of the candidate under subsection 51(1), as varied in accordance with section 52.

When party eligible for reimbursement

71(3)       A registered political party is eligible to receive a reimbursement of its election expenses

(a) in respect of a general election, if the candidates it endorsed obtained at least 10% of all the valid votes cast in the election; or

(b) in respect of a by-election, if the candidate it endorsed obtained at least 10% of all the valid votes cast in the by-election.

Amount of reimbursement — political party

71(4)       The reimbursement to be paid to a registered political party is 50% of the actual election expenses, excluding donations in kind, incurred by it or on its behalf, to a maximum of 50% of the total election expense limit of the registered political party under subsection 50(1), as varied in accordance with section 52.

S.M. 1998, c. 5, s. 62; S.M. 2002, c. 59, s. 7; S.M. 2006, c. 15, Sch. B, s. 33.

Total reimbursement must be certified by C.E.O.

72(1)       The Chief Electoral Officer must certify the total reimbursement that a candidate or registered political party is eligible to receive.  The certificate must be issued as soon as practicable but not later than 90 days after the Chief Electoral Officer has received

(a) the following information, in addition to any other information that may have been required under subsection 57(2):

(i) the information required under section 61 and 64, in the case of a candidate,

(ii) the information required under section 60, in the case of a registered political party; or

(b) sufficient information, in the Chief Electoral Officer's opinion, for the reimbursement to be paid.

Advance reimbursement based on estimate

72(2)       Within 15 days after receiving the information described in clause (1)(a), the Chief Electoral Officer must

(a) estimate the total reimbursement that the candidate or registered political party is eligible to receive; and

(b) certify that 50% of the estimated amount is to be paid to the candidate or registered political party.

Adjustment

72(3)       When an advance reimbursement is certified as being payable to a candidate or registered political party under subsection (2), the Chief Electoral Officer must reduce accordingly the final reimbursement payable to the candidate or registered political party under section 71.

When advance reimbursement not to be certified

72(4)       The Chief Electoral Officer shall not certify an amount to be paid to a candidate or registered political party under subsection (2) if, in his or her opinion, a statement or return filed by the candidate or party

(a) fails to satisfy the requirements of this Act; or

(b) indicates that the reimbursement to which the candidate or registered political party is otherwise eligible may be reduced for overspending under section 73.

Report

72(5)       When certifying a reimbursement or an advance reimbursement, the Chief Electoral Officer must also prepare a report detailing how the amount of the reimbursement was determined.  The report must be made available to the public in accordance with section 70.

S.M. 1998, c. 5, s. 63; S.M. 2000, c. 9, s. 34; S.M. 2002, c. 59, s. 8; S.M. 2006, c. 15, Sch. B, s. 33.

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 certified under subsection 72(1) must 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.

Additional penalties retained

73(2)       Nothing in subsection (1) precludes the imposition of any other penalty against any person or organization for a violation of this Act.

S.M. 2000, c. 9, s. 35; S.M. 2006, c. 15, Sch. B, s. 34.

Reimbursements paid out of Consolidated Fund

73.1(1)     A final reimbursement and an advance reimbursement shall be paid from the Consolidated Fund without further appropriation, as soon as reasonably practicable after being certified under section 72.

Reimbursement payment — registered political party

73.1(2)     In the case of a registered political party, the reimbursement must be paid to the party's chief financial officer.

Reimbursement payment — endorsed candidate

73.1(3)      In the case of a candidate endorsed by a registered political party,

(a) if the candidate has a surplus or if the amount of the candidate's receipts is equal to the amount of his or her expenditures, the reimbursement must be paid to the chief financial officer of the registered political party; or

(b) if the candidate has a deficit, the lesser of the following amounts must be paid to the candidate and the candidate's official agent jointly:

(i) the amount of the total reimbursement,

(ii) the amount of the candidate's deficit,

and the balance, if any, must be paid to the chief financial officer of the registered political party.

Reimbursement payment — unendorsed candidate

73.1(4)     In the case of a candidate who is not endorsed by a registered political party,

(a) if the candidate has a surplus or if the amount of the candidate's receipts is equal to the amount of his or her expenditures, the reimbursement must be paid to the Chief Electoral Officer; or

(b) if the candidate has a deficit, the lesser of the following amounts must be paid to the candidate and the candidate's official agent jointly:

(i) the amount of the total reimbursement,

(ii) the amount of the candidate's deficit,

and the balance, if any, must be paid to the Chief Electoral Officer.

Reduction for candidate's overspending

73.1(5)     If a candidate's reimbursement is reduced under subsection 73(1), the reduction must be applied to reduce the amount otherwise payable under this section to the candidate and the candidate's official agent.  The balance of the reduction, if any, must be applied to reduce the amount otherwise payable under this section to the chief financial officer of the registered political party or to the Chief Electoral Officer, as the case may be.

Money to be held in trust

73.1(6)     The Chief Electoral Officer must hold an amount paid to him or her under subsection (4) in trust for the candidate, and must turn the amount held in trust, and the accumulated interest, over

(a) to the candidate, if the candidate is a candidate in the next general election or in a by-election that occurs before the next general election; or

(b) to the Minister of Finance to be paid into the Consolidated Fund, if the Chief Electoral Officer is not required to turn the funds over to the candidate under clause (a).

Definitions

73.1(7)     In this section, "deficit", "expenditures", "receipts" and "surplus" have the same meaning as in subsection 75(1).

S.M. 1998, c. 5, s. 64; S.M. 2006, c. 15, Sch. B, s. 35.

Payment to creditor

73.2(1)     Instead of being paid to the candidate and his or her official agent jointly or the chief financial officer, a reimbursement or part of it may be paid to any person to whom the candidate or registered political party assigns the right to receive the reimbursement or part.

When assignment is effective

73.2(2)     An assignment referred to in subsection (1) is effective only if

(a) it is made pursuant to a loan agreement for a loan made to a candidate or a registered political party in relation to financing election expenses;

(b) the loan agreement has been filed with the Chief Electoral Officer in accordance with section 44.2;

(c) the balance owing on the loan has been confirmed, at the time and in the manner prescribed by the Chief Electoral Officer, by

(i) in the case of a candidate, his or her official agent, and

(ii) in the case of a registered political party, its chief financial officer; and

(d) the right to receive the reimbursement or part of it has been assigned to more than one lender, and the Chief Electoral Officer has been given direction as to the order of payment by

(i) in the case of a candidate, his or her official agent, and

(ii) in the case of a registered political party, its chief financial officer.

S.M. 2006, c. 15, Sch. B, s. 35.

Overpayment must be repaid immediately

73.3(1)     If a reimbursement amount certified under subsection 72(1) is less than the amount certified under subsection 72(2),

(a) in the case of a registered political party, the chief financial officer must immediately repay the amount of the overpayment to the Minister of Finance; and

(b) in the case of a candidate,

(i) where money is held in trust for the candidate by the Chief Electoral Officer, the Chief Electoral Officer must subtract the amount of the overpayment from those trust funds and forward it to the Minister of Finance, and

(ii) where no money is held in trust or the amount held is insufficient, the candidate's official agent must immediately repay the outstanding balance of the overpayment to the Minister of Finance.

First use of reimbursement

73.3(2)     Subject to subsection (1),

(a) a candidate and his or her official agent must use money received as a reimbursement to reduce or eliminate the outstanding liabilities incurred by the candidate in the election; and

(b) the chief financial officer of a registered political party must use money received as a reimbursement to reduce or eliminate the party's outstanding liabilities;

before using it or permitting its use for any other purpose.

S.M. 2006, c. 15, Sch. B, s. 35.

74          Repealed.

S.M. 1998, c. 5, s. 65; S.M. 2002, c. 59, s. 8.

Calculation of candidate's surplus or deficit, definitions

75(1)       In this section and section 77.1,

"deficit" means the amount by which expenditures exceed receipts; (« déficit »)

"expenditures" means the total of

(a) the amount of money spent and liabilities incurred by the candidate for election expenses, not including donations in kind,

(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,

(a.2) the reasonable child care expenses incurred by the candidate to enable the candidate to campaign in the election period,

(a.3) the reasonable expenses incurred by a disabled candidate in relation to his or her disability to enable the candidate to campaign in the election period,

(b) the amount of money paid in the candidacy period in the form of transfers, not including goods and services, and

(c) bank charges and interest on any loan that relates to the financing of election expenses, from the close of polls to the deadline for filing the candidate's audited statement under subsection 61(1); (« dépenses »)

"receipts" means the total amount of money received by a candidate in the candidate's candidacy period in the form of

(a) contributions, not including donations in kind,

(b) transfers, not including goods and services,

(c) revenue from fundraising functions, and

(d) other income; (« rentrées de fonds »)

"surplus" means the amount by which receipts exceed expenditures. (« excédent »)

Payment of surplus

75(2)       If a candidate has a surplus, the candidate's official agent shall pay the surplus

(a) to the chief financial officer of the registered political party, if the candidate is endorsed by a registered political party; and

(b) to the Chief Electoral Officer to be held in trust in accordance with subsection (3), if the candidate is not endorsed by a registered political party.

Money to be held in trust

75(3)       The Chief Electoral Officer shall hold the amounts paid to him or her under clause (2)(b) in trust for the candidate, and shall turn over the amounts held in trust and the accumulated interest

(a) to the candidate, if the candidate is a candidate in the next following election; or

(b) to the Minister of Finance to be paid into the Consolidated Fund, if the candidate is not a candidate in the next following general election.

S.M. 1998, c. 5, s. 66; S.M. 2002, c. 59, s. 9; S.M. 2006, c. 15, Sch. B, s.36.

76 and 77   Repealed.

S.M. 1998, c. 5, s. 66; S.M. 2006, c. 15, Sch. B, s. 37.

Candidate's surplus in case of withdrawal

77.1(1)     When a candidate withdraws from an election and at the time of withdrawal the candidate has a surplus, the candidate's official agent shall pay the excess amount

(a) to the chief financial officer of the registered political party, if the candidate is endorsed by a registered political party; and

(b) to the Chief Electoral Officer to be held in trust for the candidate, if the candidate is not endorsed by a registered political party.

Payment by candidate

77.1(2)     A candidate who withdraws from an election before the appointment of an official agent shall pay the excess amount in accordance with subsection (1).

Money to be held in trust

77.1(3)     The Chief Electoral Officer shall hold the amount paid to him or her under clause (1)(b) in trust for the candidate, and shall turn the amount held in trust and the accumulated interest over

(a) to the candidate, if the candidate is a candidate in the next following election; or

(b) to the Minister of Finance to be paid into the Consolidated Fund, if the candidate is not a candidate in the next following general election.

S.M. 1998, c. 5, s. 66.

RECORDS

Records

77.2(1)     Notwithstanding any other Act, every record relating to the administration of this Act that is in the possession of a department or branch of the executive government or a Crown agency is deemed to be and always to have been in the sole custody and under the sole control of the Chief Electoral Officer.

Definition of "record"

77.2(2)     In subsection (1), "record" means any kind of recorded information regardless of its physical form or characteristics.

S.M. 1998, c. 5, s. 66.

INVESTIGATIONS

Definition of "commissioner"

77.3(1)     In this section and in section 91, "commissioner" means the commissioner appointed under section 186 of The Elections Act.

Investigations by commissioner

77.3(2)     The commissioner may, on his or her own initiative or at the request of another person, conduct an investigation into any matter that might constitute a contravention of this Act.  The commissioner may refuse to conduct an investigation if he or she considers a request to be frivolous, vexatious, made in bad faith or unnecessary in the circumstances.

Commissioner may appoint representative

77.3(3)     The commissioner may appoint a representative to conduct an investigation on his or her behalf.

Records

77.3(4)     The commissioner or representative may require any person who, in the opinion of the commissioner or representative, is able to give any information about a matter under investigation

(a) to provide the information to the commissioner or representative; and

(b) to produce any record to the commissioner or representative that in his or her opinion relates to the matter under investigation and that may be in that person's possession or under that person's control.

Warrant

77.3(5)     A justice may issue a warrant authorizing the commissioner or representative and any other person named in the warrant to enter a place and search for and seize records or other things in accordance with the warrant, if the justice is satisfied, on evidence given on oath or affirmation, that

(a) there are reasonable and probable grounds to believe that an offence under this Act has been committed; and

(b) the place contains records or other things that will provide evidence respecting the commission of an offence.

77.3(6)     Repealed, S.M. 2008, c. 43, Sch. C, s. 14.

S.M. 1998, c. 5, s. 66; S.M. 2006, c. 15, Sch. B, s. 38; S.M. 2008, c. 43, Sch. C, s. 14.

Notice of investigation

77.3.1(1)   Before completing an investigation, the commissioner must notify any person or organization who is a subject of the investigation that they are being investigated and inform them of the nature of the matter being investigated, unless the commissioner believes that doing so would compromise or impede the investigation.

Notice of results of investigation

77.3.1(2)   If, after completing an investigation, the commissioner decides that no further action is to be taken, he or she must notify any person or organization that is the subject of the investigation of that decision. If the investigation was initiated at the request of another person or organization, the commission must also notify that person or organization of the decision.

Outcome of investigation may be made public

77.3.1(3)   If the commissioner believes that it is in the public interest to make public the outcome of an investigation, he or she may do so, and may include in the information provided the name of the person and the nature of the matter investigated.

S.M. 2008, c. 43, Sch. C, s. 15.

INJUNCTIONS

Application for injunction

77.3.2(1)   If the commissioner has reasonable grounds to believe that a person or organization has committed or is likely to commit an act or omission that is contrary to this Act, the commissioner may, during an election period, after taking into account the nature and seriousness of the act or omission, the need to ensure fairness of the electoral process and the public interest, apply to the Court of Queen's Bench for an injunction described in subsection (2).

Injunction

77.3.2(2)   If the court, on application by the commissioner under subsection (1), is satisfied that there are reasonable grounds to believe that a person or organization has committed or is likely to commit an act or omission that is contrary to this Act, and that the nature and seriousness of the act or omission, the need to ensure fairness of the electoral process and the public interest justify the issuing of an injunction, the court may issue an injunction ordering any person or organization named in the application to do one or both of the following:

(a) refrain from committing any act that appears to the court to be contrary to this Act;

(b) do any act that appears to the court to be required by this Act.

Notice

77.3.2(3)   No injunction may be issued under subsection (2) unless at least 48 hours notice is given to each person or organization named in the application, or the urgency of the situation is such that service of notice would not be in the public interest.

Third party

77.3.2(4)   In this section, "person" includes a third party as defined in section 55.1.

S.M. 2008, c. 43, Sch. C, s. 15.

ADVISORY OPINIONS

Request for advisory opinion

77.4(1)     A registered political party, candidate, leadership contestant or constituency association may request the Chief Electoral Officer for a written opinion as to whether an act or omission, or a proposed act or omission, by the party, candidate, leadership contestant or association contravenes this Act.

Written opinion

77.4(2)     The Chief Electoral Officer may give a written advisory opinion in response to a request made under subsection (1) after making any inquiries he or she considers necessary.  If the Chief Electoral Officer declines to give an advisory opinion in response to a request, he or she must give written reasons for doing so.

Deemed non-contravention

77.4(3)     A registered political party, constituency association, candidate or leadership contestant to whom an advisory opinion is given is deemed not to contravene this Act in respect of an act or omission if

(a) the advisory opinion indicates that the act or omission or proposed act or omission does not contravene this Act; and

(b) the person requesting the opinion disclosed all of the material facts to the Chief Electoral Officer when making the request.

Revocation or modification

77.4(4)     The Chief Electoral Officer may revoke or amend an advisory opinion — either on his or her own initiative or at the request of a registered political party, candidate, leadership contestant or constituency association.  In that case, the Chief Electoral Officer must give written notice to the person who requested the advisory opinion.

Effect of revocation

77.4(5)     Upon being notified that an advisory opinion has been revoked or modified, the body or person for whom the opinion was requested is no longer entitled to rely on subsection (3) in respect of any subsequent act or omission to which the advisory opinion would have applied.

Who may request opinion

77.4(6)     A request for an advisory opinion under subsection (1) or for an amendment to an advisory opinion under subsection (4) may be made

(a) in the case of a registered political party, by its chief financial officer;

(b) in the case of a constituency association, by the person responsible for its finances; and

(c) in the case of a candidate or leadership contestant, by the candidate, the leadership contestant or the official agent of the candidate or leadership contestant.

S.M. 2006, c. 15, Sch. B, s. 39.

OFFENCES

Obstruction

78          No person or organization shall obstruct any person carrying out an audit, inquiry, investigation or examination under this Act or withhold from the person or conceal or destroy any books, papers, documents or things relevant to the audit, inquiry, investigation or examination.

Force and intimidation

78.1        A person is guilty of an offence who, directly or indirectly, uses or threatens to use force or violence, or threatens to inflict an injury, damage, harm or loss upon another person to induce or compel the other person to make or refrain from making a contribution.

S.M. 2006, c. 15, Sch. B, s. 40.

Advertising rates

78.2(1)     During an election period, no person shall charge a registered political party, constituency association or candidate, or an individual acting with the consent of any of them, a rate for advertising that exceeds the lowest rate the person charges anyone else for the same amount of equivalent advertising space or time during that period.

Meaning of "advertising"

78.2(2)     In subsection (1), "advertising" means advertising in any broadcast, print or electronic medium that promotes or opposes a registered political party or the election of a candidate.

S.M. 2008, c. 43, Sch. C, s. 16.

False receipts

79          No person or organization shall issue a receipt purporting to be for a contribution received by or on behalf of a candidate or registered political party unless the contribution indicated in the receipt was made to or for the benefit of the candidate or registered political party.

False registration numbers

80          No person or organization shall issue a receipt showing a registration number falsely purporting to be assigned to the person or organization under this Act.

False documents

81          No person or organization shall knowingly make a false statement in any application, statement, return or other document filed with the Chief Electoral Officer under this Act.

False information respecting contributions

82          No person or organization shall knowingly give, to a chief financial officer, an official agent or any other person authorized to receive contributions or to issue receipts therefor, false information in respect of any contribution or alleged contribution.

S.M. 1998, c. 5, s. 68.

Failure to file adequate documents

83          Every person or organization who or which

(a) fails to file with the Chief Electoral Officer a statement or return or other information required under this Act within the prescribed time period or any extension thereof granted by the Chief Electoral Officer; or

(b) files with the Chief Electoral Officer a statement or return or other information which substantially fails to disclose the information required under this Act or the regulations; or

(c) fails substantially to provide such clarifying or verifying information with respect to a statement or return or other information filed with the Chief Electoral Officer under this Act as may be required by the Chief Electoral Officer;

is guilty of an offence and is liable on summary conviction

(d) in the case of a registered political party, to a fine not exceeding $50,000.; and

(e) in all other cases, to a fine not exceeding $5,000.

S.M. 2000, c. 9, s. 36.

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.

S.M. 2000, c. 9, s. 37.

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.

S.M. 2000, c. 9, s. 38.

85          Repealed.

S.M. 1998, c. 5, s. 69.

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.

S.M. 1998, c. 5, s. 70; S.M. 2000, c. 9, s. 39.

87          Repealed.

S.M. 1998, c. 5, s. 71.

Misuse of information filed under this Act

87.1        A person or organization that uses all or any part of information disclosed under this Act for commercial or business purposes or for any other purpose not intended by this Act is guilty of an offence.

S.M. 1998, c. 5, s. 72; S.M. 2000, c. 9, s. 41.

Failure to provide records

87.2        A person who fails to comply with a written request to provide a record containing the information required under this Act about a contribution that he or she accepted, or an expense that he or she incurred or approved, is guilty of an offence if

(a) the contribution or expense is related to a candidate and the request was made by the candidate or the official agent of the candidate;

(b) the contribution or expense is related to a leadership contestant and the request was made by the leadership contestant or the official agent of the leadership contestant;

(c) the contribution or expense is related to a constituency association and the request was made by the person responsible for its finances; or

(d) the contribution or expense is related to a registered political party and the request was made by its chief financial officer.

S.M. 2006, c. 15, Sch. B, s. 41.

General offences

88          Every person or organization who or which contravenes or fails to comply with any provision of this Act or the regulations, except subsection 56(1) of this Act, is guilty of an offence and, if no other fine is provided therefor, is liable on summary conviction

(a) in the case of a registered political party, to a fine of not more than $25,000.; and

(b) in all other cases, to a fine of not more than $5,000.

S.M. 1998, c. 5, s. 73; S.M. 2000, c. 9, s. 42.

Status of organizations in prosecutions

89          A prosecution for an offence under this Act or the regulations may be instituted against a political party, constituency association, trade union or other organization in the name of the organization and, for the purposes of the prosecution, the organization shall be conclusively presumed to be a person.

Vicarious liability

90(1)       If the chief financial officer of a political party or his or her deputy, the official agent of a candidate or his or her deputy, or the official agent of a leadership contestant, is guilty of an offence under this Act or the regulations, the political party, candidate or leadership contestant may be charged with the same offence and, if convicted, is liable to the fine imposed for the offence under this Act.

Saving

90(2)        Nothing in subsection (1) precludes prosecution against a candidate, leadership contestant or political party for an offence under this Act or the regulations committed by any person or organization

(a) acting on behalf of the candidate, leadership contestant or political party within the scope of the actual or apparent authority of the person or organization; or

(b) acting with the knowledge and consent of the candidate, leadership contestant or political party.

S.M. 1998, c. 5, s. 74; S.M. 2002, c. 43, s. 31.

Only commissioner may prosecute offences

91(1)       If the commissioner believes on reasonable grounds that an offence under this Act has been committed, and is of the view that the public interest so requires, the commissioner may institute a prosecution for an offence under this Act.

Inadvertent or technical contravention

91(2)       When the commissioner is of the view that prosecution is not required because an offence was inadvertent or of a technical nature, the commissioner may issue a formal caution to the body or person alleged to have committed the offence.

Only commissioner may prosecute

91(3)       No prosecution for an offence under this Act may be commenced except by the commissioner.

Time limit for prosecution

91(4)       The deadline for commencing a prosecution under this Act is one year after the date on which the commissioner has reasonable and probable grounds to believe that an offence has been committed.

Powers of commissioner re prosecution

91(5)       For prosecuting offences under this Act, the commissioner has all the rights, powers, authority and privileges that the Crown has respecting the prosecution of offences under other Acts of the Legislature.

S.M. 2006, c. 15, Sch. B, s. 42.

COMPLIANCE AGREEMENTS

Compliance agreements

91.1(1)     If the commissioner believes on reasonable grounds that a person or organization has committed or is likely to commit an act or omission that could constitute an offence under this Act, the commissioner may enter into a compliance agreement, aimed at ensuring compliance with this Act, with that person or organization (in this section and sections 91.2 to 91.5 called the "contracting party").

Terms and conditions

91.1(2)     A compliance agreement may contain any terms and conditions that the commissioner considers necessary to ensure compliance with this Act.

Obligations of commissioner

91.1(3)     Before entering into a compliance agreement, the commissioner must obtain the consent of the prospective contracting party to the publication of a notice under section 91.5.

Admission of responsibility

91.1(4)     A compliance agreement may include a statement by the contracting party in which the contracting party admits responsibility for the act or omission that constitutes an offence.

Inadmissible in evidence

91.1(5)     The fact that a compliance agreement was entered into, and any statement referred to in subsection (4), is not admissible in evidence against the contracting party in any civil or criminal proceedings.

Effect of compliance agreement

91.1(6)     When a compliance agreement is entered into, any prosecution of the contracting party for an act or omission that led to the agreement is suspended and, subject to section 91.3, the commissioner may not institute or resume such a prosecution.

Renegotiation

91.1(7)     The commissioner and the contracting party may renegotiate the terms of the compliance agreement at the request of the commissioner or contracting party at any time before it is fully executed.

S.M. 2008, c. 43, Sch. C, s. 17.

If agreement complied with

91.2(1)     If the commissioner is of the opinion that the compliance agreement has been complied with, the commissioner shall give a notice to that effect to the contracting party.

Effect of notice

91.2(2)     The commissioner's giving a notice under subsection (1) terminates any prosecution of the contracting party that is based on the act or omission in question and prevents the commissioner from instituting a prosecution based on that act or omission.

S.M. 2008, c. 43, Sch. C, s. 17.

When prosecution may be commenced or continued

91.3(1)     If the commissioner is of the opinion that a contracting party

(a) failed to disclose all material facts when the compliance agreement was entered into; or

(b) has failed to comply with a compliance agreement;

the commissioner must give notice of the failure to the contracting party, informing the contracting party that the commissioner may commence a prosecution in respect of the original act or omission or, if such a prosecution has been instituted and suspended by virtue of subsection 91.1(6), that those proceedings may be resumed.

Time limit for beginning prosecution

91.3(2)     A prosecution commenced because of a failure by a contracting party is not subject to the time limit for commencing a prosecution under subsection 91(4), but such a prosecution must be commenced not later than five years after the day on which the commissioner became aware of the facts giving rise to the prosecution.

S.M. 2008, c. 43, Sch. C, s. 17.

Dismissal of proceedings

91.4        A court must dismiss proceedings against a contracting party if it is satisfied on a balance of probabilities that the contracting party

(a) disclosed all material facts when entering into the compliance agreement; and

(b) has totally complied with the compliance agreement or, in the case of partial compliance and taking into account the contracting party's performance with respect to the agreement, is of the opinion that the proceedings would be unfair.

S.M. 2008, c. 43, Sch. C, s. 17.

Publication

91.5        The commissioner must publish a notice that sets out

(a) in the case of a formal caution issued under subsection 91(2), the name of the person or organization cautioned, a summary of the offence in question and the date the caution was issued; or

(b) in the case of a compliance agreement entered into under section 91.1, the contracting party's name, the act or omission in question and a summary of the compliance agreement.

S.M. 2008, c. 43, Sch. C, s. 17.

92 to 94    Repealed.

S.M. 1998, c. 5, s. 75; S.M. 1999, c. 2, s. 11; S.M. 2006, c. 15, Sch. B, s. 43.

Appeals from decisions of Chief Electoral Officer

95(1)       Any person or organization who or which is directly affected by any action or decision of the Chief Electoral Officer under this Act or the regulations may appeal the action or decision by application to the Court of Queen's Bench made within 30 days after the date the action is taken or the decision is made and, upon hearing the appeal, the court may

(a) confirm the action or decision; or

(b) quash or set aside the action or decision; or

(c) vary the action or decision in such particulars as it deems right;

and may award costs in the appeal.

Status for appeals

95(2)       For the purposes of taking an appeal under this section, a political party, constituency association, trade union or other organization shall be conclusively presumed to be a legal entity and to have the capacity and status of a natural person.

S.M. 2006, c. 15, Sch. B, s. 44.

96          Repealed.

S.M. 1998, c. 5, s. 76.

Application for declaration

97(1)       Any person who alleges a violation of subsection 56(1) or (1.1) may apply to a judge of the Court of Queen's Bench for a declaration that subsection 56(1) or (1.1) has been violated.

97(2)       Repealed, S.M. 1998, c. 5, s. 77.

Determination and costs

97(3)       Upon hearing an application under subsection (1), the judge may

(a) declare or refuse to declare that subsection 56(1) or (1.1) has been violated; and

(b) award costs for or against any party to the hearing;

and the decision is final and binding and there is no appeal therefrom.

S.M. 1998, c. 5, s. 77; S.M. 2006, c. 15, Sch. B, s. 45.

REGULATIONS

Regulations

98          For the purpose of carrying out the provisions of this Act according to their intent, the Chief Electoral Officer may make regulations ancillary thereto and not inconsistent therewith; and every regulation made under, and in accordance with the authority granted by this section has the force of law; and, without restricting the generality of the foregoing, the Chief Electoral Officer may make regulations

(a) prescribing forms for use under this Act;

(b) prescribing the method or form of disclosure of information or particulars required to be disclosed under this Act;

(c) prescribing the nature of accounts required to be maintained in financial institutions by political parties, candidates and third parties; and

(d) prescribing fees for providing copies of documents filed with the Chief Electoral Officer.

S.M. 2000, c. 9, s. 43.

MISCELLANEOUS PROVISIONS

Annual report

99(1)       The Chief Electoral Officer shall make an annual report to the Speaker of the Assembly on the administration of this Act, and the Speaker shall cause the report to be laid before the Assembly forthwith if the Assembly is in session and if the Assembly is not in session, within 15 days of the beginning of the next ensuing session.

Recommendations concerning Act

99(2)       In the report made under subsection (1), the Chief Electoral Officer may make recommendations respecting amendments to this Act and in particular the Chief Electoral Officer may make recommendations concerning

(a) the appropriateness of the limitations on election expenses under this Act; and

(b) the appropriateness of the reimbursements payable to candidates and registered political parties under this Act.

Report may be combined with Elections Act report

99(2.1)     A report under subsection (1) may be combined with a report under subsection 32(1) of The Elections Act.

Review of report by committee

99(3)       A report under subsection (1) that contains recommendations concerning amendments to this Act stands referred to the Standing Committee of the Assembly on Legislative Affairs for consideration of those matters.  The Committee shall begin its consideration within 60 days after the report is laid before the Assembly.

S.M. 1998, c. 5, s. 80; S.M. 1999, c. 2, s. 12; S.M. 2004, c. 42, s. 103; S.M. 2006, c. 15, Sch. A, s. 204.

Expenses paid out of the Consolidated Fund

99.1        All expenses under this Act required as a consequence of an election including, on the certificate of the Chief Electoral Officer, any remuneration and expenses relating to the commissioner, shall be paid from the Consolidated Fund without further appropriation.

S.M. 1998, c. 5, s. 81; S.M. 2006, c. 15, Sch. B, s. 46.

Requests copied to chief financial officer

99.1.1(1)   The Chief Electoral Officer must give the chief financial officer of a registered political party a copy of the initial request for a statement, return or other information that the Chief Electoral Officer makes to

(a) a constituency association of the party; or

(b) a candidate who has been nominated by the party or one of its constituency associations;

unless otherwise directed in writing by the constituency association or candidate.

Written notice re late filing fees

99.1.1(2)   The Chief Electoral Officer must, as soon as reasonably practicable, give the chief financial officer of a registered political party written notice when

(a) a candidate endorsed by the party;

(b) an official agent of a candidate endorsed by the party; or

(c) the person responsible for the finances of a constituency association of the party;

becomes liable to pay a late filing fee under section 69.1.

S.M. 2006, c. 15, Sch. B, s. 47.

Amendments

99.2        An amendment to this Act may not come into force until three months after the day it receives royal assent.

S.M. 2002, c. 43, s. 32.

100         Repealed.

S.M. 1998, c. 5, s. 82.

 

 
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