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C.C.S.M. c. E27

THE ELECTION FINANCING ACT


TABLE OF CONTENTS

Part 1:     Chief Electoral Officer

1   Chief Electoral Officer and deputy

2   Responsibilities of the Chief Electoral Officer

3   Guidelines

Part 2:     Registration of Political Parties and Candidates

POLITICAL PARTIES

4   Reasons to register

5   How to register

6   Eligibility

7   Reserving a party name

8   Prohibited names

9   Registration process

10   Registration date

11   Changes in registration information

12   Voluntary de-registration

13   De-registration — not enough candidates

14   De-registration — failure to comply with Act

15   Effect of de-registration

16   De-registered party may register again

CANDIDATES

17   Reason to register

18   Becoming a candidate

19   Registration

Part 3:     Financial Officers, Official Agents and Auditors

20   Registered party must have financial officer

21   Duties of financial officer

22   Candidate must have official agent

23   Duties of official agent

24   Leadership contestant must have official agent

25   Duties of official agent

26   Financial officer for constituency associations

27   Maintaining accounts

28   Requirements for audited statements and auditor

29   Auditor's reports

30   Auditor's fees

Part 4:     Contributions

31   Definition of "recipient"

32   Contributions generally

33   Who may contribute

34   Contribution limits

35   Rules about making contributions

36   Contributions made directly to recipient

37   Contributions accepted on recipient's behalf

38   Contributions that must be returned

39   Tax receipts for monetary contributions

Part 5:     Transfers

40   Prohibited transfers

41   Permitted transfers

42   Transfer of surplus by candidate or leadership contestant

43   Effect of a transfer on election expenses

Part 6:     Loans

44   Basic rule — loan is not a contribution

45   Exceptions to the basic rule

46   Restrictions on term and amount of loan

47   Loan agreements

48   Prohibited loans

49   Certain loans between political entities are transfers

Part 7:     Election Expenses

50   Meaning of "election expense"

51   Election expense limit for registered parties

52   Election expense limit for candidates

53   Determining number of voters in order to set limits

54   Inflation adjustment

55   Demanding payment of election expenses

56   Restrictions on advertising rates

Part 8:     Advertising

57   Meaning of "advertising"

58   Limit on advertising expenses during year of fixed date election

59   Inflation adjustment

60   Expenses that are not advertising expenses

61   Advertising must be authorized

Part 9:     Financial Reporting

62   Reporting by registered party

63   Reporting by candidate

64   Reporting by constituency association

65   Reporting by leadership contestant

66   Reporting if by-election cancelled

67   CEO may request additional information

68   When others become obligated to file

69   CEO may extend filing deadline

70   Late filing fees

71   Information available to public

72   Records to be maintained

Part 10:     Reimbursement of Election Expenses

73   Reimbursement of party's election expenses

74   Reimbursement of candidate's election expenses

75   CEO to report calculations

76   Payment of reimbursement to a creditor

77   Effect of over-expenditure

Part 11:     Annual Allowance for Registered Parties

78   Definitions

79   Annual allowance

80   Appointing an allowance commissioner

81   Decision on allowance and regulations

Part 12:     Third Party Spending

82   Definitions

83   Spending limit

84   Communication must name third party

85   Registration

86   Financial agent

87   Contribution rules

88   Reporting requirements

89   Public information

90   Guidelines

91   Offences

Part 13:     Restrictions on Government Advertising

92   Restrictions on government advertising

93   Complaint to commissioner

94   Application to court for declaration

Part 14:     Compliance and Enforcement

95   Inspections and audits by CEO

96   Advisory opinions

97   Investigations

98   Conduct of prosecutions

99   Offences

100   Penalties

101   Prosecution of offences

102   Injunctions

103   Compliance agreements

104   Effect of compliance agreements

Part 15:     Administration of this Act

105   Advisory committee

106   CEO's decisions may be appealed to court

107   Annual report

108   Public notice requirements

109   Regulations

110   Forms

111   Protection from liability

112   Records relating to administering this Act

113   Expenses paid out of the Consolidated Fund

114   Overviews and information notes

Part 16:     Dictionary of Defined Terms

115   Definitions

Part 17:     Commencement and Other Matters

116   Registration of parties continued

117   Amendments to this Act

118-120   Consequential amendments

121   Repeal

122   C.C.S.M. reference

123   Coming into force

 

Information Note

This Act governs the financing of provincial elections in Manitoba.

Words and phrases that have defined meanings in this Act are found in the dictionary in Part 16.

Each Part begins with an overview that explains what the Part is about. Information notes are also included to indicate other information or rules that the reader might find helpful. This note is one of them.

Neither the overviews nor the information notes have any legal effect.

 

THE ELECTION FINANCING ACT

(Assented to June 14, 2012)

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

 

PART 1:     CHIEF ELECTORAL OFFICER


Contents

1   Chief Electoral Officer and deputy

2   Responsibilities of the Chief Electoral Officer

3   Guidelines


Overview

The Chief Electoral Officer is given responsibility for administering this Act. The Chief Electoral Officer's duties are set out, as is a power to issue guidelines to help people comply with this Act.


1     CHIEF ELECTORAL OFFICER AND DEPUTY CHIEF ELECTORAL OFFICER

The Chief Electoral Officer appointed under The Elections Act is responsible for administering this Act.

The deputy Chief Electoral Officer appointed under The Elections Act is to assist the CEO in administering this Act. If the CEO is absent or unable to act or if there is no CEO, the deputy CEO must act in the CEO's place. While doing so, the deputy has the CEO's powers.

The CEO may in writing delegate any of his or her powers or duties under this Act to any person on the CEO's staff, except the power to make regulations.

2     RESPONSIBILITIES OF THE CEO

The CEO has the following duties:

(a) to maintain public registers of registered parties and candidates, and leadership contestants, referred to in this Act,

(b) to maintain public records of

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

(ii) financial officers and deputy financial officers of registered parties, and

(iii) official agents and deputy official agents of candidates and leadership contestants,

(c) to assist registered parties and their financial officers, and candidates and leadership contestants and their official agents, in preparing the statements, reports and records required by this Act and in otherwise complying with this Act,

(d) to examine the statements, reports, records and other information filed with the CEO under this Act,

(e) to prepare, print and distribute forms for use under this Act.

These duties are in addition to the duties established elsewhere in this Act or in any other Act.

3     GUIDELINES

The CEO may issue guidelines about this Act for

(a) candidates, leadership contestants and their official agents,

(b) registered parties and their financial officers and auditors, and

(c) third parties and their financial agents.

For the purpose of Part 4 (Contributions), the CEO may prepare a guideline for determining whether an individual is normally resident in Manitoba.


PART 2:     REGISTRATION OF POLITICAL PARTIES AND CANDIDATES


Contents

POLITICAL PARTIES

4   Reasons to register

5   How to register

6   Eligibility

7   Reserving a party name

8   Prohibited names

9   Registration process

10   Registration date

11   Changes in registration information

12   Voluntary de-registration

13   De-registration — not enough candidates

14   De-registration — failure to comply with Act

15   Effect of de-registration

16   De-registered party may register again

CANDIDATES

17   Reason to register

18   Becoming a candidate

19   Registration


Overview

Political parties must register with the CEO if they wish to be identified on a ballot, issue tax receipts for contributions or be reimbursed for election expenses. Parties can be de-registered if they don't run at least five candidates in a general election or if they fail to comply with this Act.

Candidates must register with the CEO if they wish to issue tax receipts for contributions.


POLITICAL PARTIES

4     REASONS TO REGISTER

A political party must be registered in order to:

(a) be identified on a ballot,

(b) issue tax receipts for contributions,

(c) receive reimbursement for election expenses and an annual allowance.

5     HOW TO REGISTER

A political party that wishes to be registered must file an application with the CEO that includes the following:

1. The party's proposed registered name and any abbreviation of it.

2. The name or abbreviation to be used on the ballot in an election.

3. The name and contact information of the party leader, president and financial officer, and the financial officer's signed consent to act.

4. The address to which, and the name of the person to whom, communications to the party may be sent.

5. The name and contact information of the party's auditor and the auditor's signed consent to act.

6. An audited financial statement of the party (including a statement of assets and liabilities) as of a date not more than 60 days before the application is filed.

6     ELIGIBILITY FOR REGISTRATION

A political party may apply to be registered at any time, but the rules for eligibility differ depending on when the application is made.

If a party applies when a general election is not in progress, it must hold at least four seats in the Assembly. Alternatively, it must file a petition signed by at least 2,500 people who were eligible voters in the last general election and who support the party's registration. A party that wishes to have its endorsement of candidates appear on the ballot must file its petition in enough time for the CEO to verify its accuracy and approve it before an election is called.

If a party applies during a general election period, it must have held at least four seats in the Assembly when the election was called, or it must endorse at least five candidates in that general election.

Information Note

The endorsement of candidates by a registered party is dealt with in section 58 of The Elections Act.

7     RESERVING A PARTY NAME

(1) — When a petition is filed

If a political party intends to meet the eligibility requirements for registration by filing a petition, it may request the CEO, in writing, to reserve a name for it while the petition circulates.

When use of the requested name is permitted under section 8, the CEO may reserve the name for six months from the date the name was requested, and for any additional period or periods the CEO considers appropriate.

(2) — When party wishes to register during general election

If a political party intends to apply for registration during a general election period, it may — before the election is called — file its audited financial statement and proposed registered name with the CEO.

If the CEO approves the party's financial statement and use of the proposed name is permitted under section 8, the CEO must reserve the name for the party until the close of nominations.

(3) — No other party may use the name

While a name is reserved, no other political party may circulate a petition for registration that uses

(a) the reserved name, or

(b) a name which, or the abbreviation of which, in the CEO's opinion, is so similar to the reserved name or the abbreviation of the reserved name that it is likely to be confused with the reserved name.

8     PROHIBITED NAMES

For a political party to be registered — or to remain registered, in the case of a registered party that changes its name — the party name or any abbreviation must conform to the following rules:

Rule 1 — Name not to include "Independent"

The party name must not include "Independent" or an abbreviation of "Independent".

Rule 2 — Name not to be confusing with others

The party name must not, in the CEO's opinion, be likely to be confused with the name or abbreviation of another political party

(a) that is currently registered, or

(b) for which a name is reserved.

9     REGISTRATION PROCESS

The CEO must assess each registration application and decide whether the political party can be registered.

If the application is accompanied by a petition, the CEO may take any steps the CEO considers necessary to verify the accuracy of the petition.

The CEO may require the political party to provide additional information or evidence that the CEO believes is necessary to make the decision.

If the political party meets the requirements for registration, the CEO must register it, and must notify the party of the registration date and the registration number that is to be printed on tax receipts issued by the party. The CEO must also give public notice of the registration.

If the political party cannot be registered, the CEO must give the party a notice setting out the reasons why.

Information Note

Section 108 governs how the CEO is to give public notice.

10     REGISTRATION DATE

For the purposes of this Act, a political party becomes registered on

(a) the day a general election is called, if the party is registered during the election period for the general election, or

(b) in any other case, the later of

(i) the day the party filed its registration application, or

(ii) the day any additional information or evidence requested by the CEO was filed.

11     CHANGES IN REGISTRATION INFORMATION

The leader of a registered party must file a notice with the CEO of any change in the information included in the party's registration application. The notice must be filed within 30 days after the change occurs.

The CEO must update the register to reflect the change, as long as the change does not result in a party name or abbreviation that cannot be registered under section 8.

12     VOLUNTARY DE-REGISTRATION

A registered party may ask the CEO to de-register it. The request must be made in writing and be signed by the party leader, president and financial officer.

The CEO may de-register the party if satisfied that the party has authorized the application.

13     DE-REGISTRATION — NOT ENOUGH CANDIDATES

If a registered party does not endorse at least five candidates in a general election, the CEO must de-register the party after the election.

14     DE-REGISTRATION — FAILURE TO COMPLY WITH ACT

(1) — Failures affecting registration

Subject to this section, the CEO may de-register a registered party that

(a) fails to file a financial statement, report, record or other information required by this Act,

(b) fails to appoint a financial officer as required by this Act, or

(c) adopts a new name or abbreviation that does not comply with the rules in section 8.

(2) — Notice of proposal to de-register

Before de-registering a party under this section, the CEO must give the party notice of the proposal to de-register, which includes reasons. The notice may be given personally or be mailed or delivered using a service that provides the CEO with acknowledgment of receipt.

(3) — Review of proposal

A party that receives a notice may request the CEO to review the proposal to de-register. The request must include reasons and be filed with the CEO within 30 days after the notice was sent to the party.

On receiving a request, the CEO must review the proposal and give the party an opportunity to make representations.

After conducting the review, the CEO may decide to withdraw the proposal or may carry it out, and must give the party notice of the decision.

(4) — Restrictions on de-registration

The CEO may not de-register a party under this section if, within 30 days after receiving notice of a proposal to de-register, the party rectifies any failure to the CEO's satisfaction. Nor may the CEO de-register a party during the campaign period of a general election.

15     EFFECT OF DE-REGISTRATION

The CEO must give public notice of a political party's de-registration. De-registration takes effect on the publication date.

The following rules apply to a party that is de-registered:

Rule 1 — Issuing tax receipts

The party must not issue a tax receipt for a contribution that it received (or that was received on its behalf) after de-registration takes effect.

Rule 2 — Financial reporting requirements

The financial reporting requirements in Part 9 apply for the portion of the year during which the party was registered.

Rule 3 — Party assets, trust money

The party's financial officer (or another party officer designated by the CEO) must liquidate the party's assets and pay its debts on a pro rata basis in accordance with any instructions of the CEO.

After the debts are paid, the person who liquidated the assets must turn over any remaining money to the CEO who is to hold it in trust for the party and pay it, with accumulated interest, to

(a) the party, if the party re-registers within two years after being de-registered, or

(b) in any other case, to the Minister of Finance to be paid into the Consolidated Fund.

16     DE-REGISTERED PARTY MAY REGISTER AGAIN

A de-registered party may be registered again, but only if the party files with the CEO the financial statements, reports, records and other information that would have been required to be filed had the party been registered during the period it was de-registered.

CANDIDATES

17     REASON TO REGISTER

A candidate must be registered in order to issue tax receipts for contributions under this Act.

18     BECOMING A CANDIDATE

(1) — When does a person become a candidate?

A person becomes a candidate under this Act, and may therefore apply to be registered, when he or she

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

(b) files a declaration that he or she intends to be an independent candidate in the next election, or

(c) is nominated as a candidate under The Elections Act.

(2) — Declaration of independent candidate

A person who declares himself or herself to be an independent candidate must immediately file a notice with the CEO of the electoral division in which they will be a candidate and the date their candidacy began.

19     REGISTRATION

(1) — Application

A candidate who wishes to register must file an application with the CEO during his or her candidacy period.

(2) — Registration

If a candidate who applies for registration has been nominated under The Elections Act, the CEO must register them.

The CEO may accept an application for registration before an election is called in an electoral division, but must not register the candidate until he or she is nominated in that division under The Elections Act.

After registering a candidate, the CEO must give the candidate a registration number that is to be printed on tax receipts issued by the candidate. The CEO must also give public notice of the registration.

(3) — Change in registration information

A registered candidate must file a notice with the CEO of any change in the information included in the candidate's application for registration. The notice must be filed within five days after the change occurs.

The CEO must update the register to reflect the change.

(4) — When registration ceases to have effect

A candidate's registration ceases to be effective on the earlier of

(a) the day the campaign period ends, or

(b) the day that the candidate withdraws from the election.


PART 3:     FINANCIAL OFFICERS, OFFICIAL AGENTS AND AUDITORS


Contents

20   Registered party must have financial officer

21   Duties of financial officer

22   Candidate must have official agent

23   Duties of official agent

24   Leadership contestant must have official agent

25   Duties of official agent

26   Financial officer for constituency associations

27   Maintaining accounts

28   Requirements for audited statements and auditor

29   Auditor's reports

30   Auditor's fees


Overview

A registered party must have a financial officer to administer its finances. A candidate and a leadership contestant must have an official agent to administer their finances. Each of them must also have an auditor.

A registered party must name a financial officer for its constituency associations when requested to do so by the CEO.

The duties of financial officers, official agents and auditors are described.


20     REGISTERED PARTY MUST HAVE FINANCIAL OFFICER

(1) — Duty to appoint

A registered party must appoint a financial officer.

If the appointment ends for any reason, the registered party must appoint a new financial officer without delay.

As soon as possible after making an appointment, the party leader must file the financial officer's name and contact information with the CEO, along with the person's signed consent to act.

(2) — Deputy financial officer

The financial officer of a registered party may appoint one or more deputy financial officers for the purpose of issuing tax receipts.

As soon as possible after appointing a deputy, the financial officer must file the deputy's name and contact information with the CEO, along with the person's signed consent to act.

(3) — Who cannot be a financial officer?

Neither a candidate nor a leadership contestant may be a financial officer or deputy financial officer of a registered party.

21     DUTIES OF FINANCIAL OFFICER

(1) — Administering party's finances

The financial officer must administer a registered party's finances in accordance with this Act. Without limiting this duty, the financial officer must ensure that the following are done:

(a) accounts in the party's name are maintained in a financial institution,

(b) proper records are kept of

(i) income, including contributions,

(ii) expenses, including election expenses and annual advertising expenses,

(iii) transfers made and received, and

(iv) assets and liabilities,

(c) tax receipts are issued in accordance with this Act,

(d) the financial statements, reports, records and other information of the party are filed with the CEO as required by this Act.

(2) — Giving candidate names to CEO

Without delay after a registered party or constituency association nominates a candidate, the financial officer must file a notice with the CEO of the candidate's name, the electoral division and the nomination date.

(3) — Giving notice of leadership contest and contestants to CEO

The financial officer of a registered party that proposes to hold a leadership contest must file a notice with the CEO without delay. The notice must set out the date the leadership contest begins and the date the leadership will be determined.

The financial officer must also file a notice with the CEO of the name and contact information of each leadership contestant and the day they became a contestant. The notice must be filed without delay after a person becomes a contestant.

22     CANDIDATE MUST HAVE OFFICIAL AGENT

(1) — Giving notice of official agent to CEO

Within 15 days after becoming a candidate, the candidate must file with the CEO the name and contact information of the person the candidate intends to appoint as his or her official agent under section 55 of The Elections Act, along with the person's signed consent to act.

A notice is not required if the candidate is nominated under The Elections Act within 15 days after becoming a candidate under this Act.

Information Note

If an official agent's appointment ends for any reason, section 62 of The Elections Act requires someone new to be appointed.

(2) — Deputy official agent

A candidate's official agent may appoint one or more deputy official agents for the purpose of issuing tax receipts.

Immediately after appointing a deputy, the official agent must file the name and contact information of the person appointed with the CEO, along with the person's signed consent to act.

(3) — Who cannot be an official agent?

A candidate cannot be an official agent or deputy official agent for himself or herself or for a leadership contestant.

23     DUTIES OF CANDIDATE'S OFFICIAL AGENT

A candidate's official agent must administer the candidate's finances in accordance with this Act. Without limiting this duty, the official agent must ensure that the following is done:

(a) accounts in the candidate's name are maintained in a financial institution,

(b) proper records are kept of

(i) income, including contributions,

(ii) expenses, including election expenses and annual advertising expenses,

(iii) transfers made and received, and

(iv) assets and liabilities,

(c) if the candidate is registered, tax receipts are issued in accordance with this Act,

(d) the financial statements, reports, records and other information of the candidate are filed with the CEO as required by this Act.

The official agent must ensure that these duties are met during the entire candidacy period even if he or she is appointed after the candidacy period begins.

24     LEADERSHIP CONTESTANT MUST HAVE OFFICIAL AGENT

(1) — Giving notice of official agent to CEO

A person who becomes a leadership contestant must immediately

(a) appoint an official agent, and

(b) file the official's agent's name and contact information with the CEO, along with the person's signed consent to act.

(2) — Replacing official agent

If an official agent's appointment ends for any reason, the leadership contestant must appoint a new official agent without delay.

Immediately after appointing a new official agent, the contestant must file the agent's name and contact information with the CEO, along with the person's signed consent to act.

(3) — Who cannot be an official agent?

A leadership contestant cannot be an official agent for himself or herself or an official agent or deputy official agent for a candidate.

25     DUTIES OF LEADERSHIP CONTESTANT'S OFFICIAL AGENT

A leadership contestant's official agent must administer the contestant's finances in accordance with this Act. Without limiting this duty, the official agent must ensure that the following is done:

(a) accounts in the contestant's name are maintained in a financial institution,

(b) proper records are kept of

(i) income, including contributions,

(ii) expenses, and

(iii) assets and liabilities,

(c) the financial statement, reports, records and other information of the contestant are filed with the CEO as required by this Act.

26     FINANCIAL OFFICER FOR CONSTITUENCY ASSOCIATIONS

(1) — Giving notice of financial officer to CEO

At the CEO's request, a registered party must name a financial officer for each of its constituency associations.

The party's financial officer must file a list of the names and addresses of the financial officers of the constituency associations with the CEO within 30 days after receiving a request.

The party's financial officer must file a notice with the CEO of any change in the information included in the list. The notice must be filed within five days after a change occurs.

(2) — Duties of financial officer

The financial officer of a constituency association must ensure that the following is done:

(a) accounts in the association's name are maintained in a financial institution,

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

(c) the statements and other information of the constituency association are filed with the CEO as required by this Act.

27     MAINTAINING ACCOUNTS

Every person required to maintain an account under this Part must ensure that

(a) money given to the registered party, candidate, constituency association or leadership contestant is deposited in that account,

(b) money is not deposited in that account that does not relate solely to the registered party, candidate, constituency association or leadership contestant, and

(c) every disbursement (including transfers) is made from that account, and is substantiated by an invoice or voucher as proof of payment.

28     REQUIREMENTS FOR AUDITED STATEMENTS AND AUDITOR

(1) — Audit of financial statements

Part 9 requires registered parties, candidates and leadership contestants to file audited financial statements. The audit of those statements must be conducted by an auditor appointed by the party, candidate or leadership contestant.

To be eligible to be appointed as an auditor, a person must

(a) be a registered member in good standing of an association, institute or society of accountants established by an Act of the Legislature, and

(b) be authorized to perform audits by their association, institute or society.

(2) — When auditor must be appointed

A candidate must appoint an auditor by the time the candidate files nomination documents under The Elections Act.

A leadership contestant must appoint an auditor immediately after becoming a leadership contestant.

A candidate and a contestant must file the auditor's name and contact information with the CEO, along with the auditor's signed consent to act.

Information Note

A party appoints its auditor when the party becomes registered under this Act.

(3) — Who cannot be an auditor?

None of the following persons may be an auditor:

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

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

(c) the financial officer of a registered party or a constituency association,

(d) a person involved in raising money for a registered party, a candidate, a leadership contestant or a constituency association,

(e) a person who is authorized to hold any property of, or incur an expense on behalf of, a registered party, a candidate, a leadership contestant or a constituency association.

(4) — Auditor's independence

An auditor must be 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.

An auditor whose professional judgment or objectivity is so impaired is disqualified from being an auditor and must resign immediately on becoming aware of the disqualification.

(5) — If auditor's appointment ends

If an auditor's appointment ends for any reason, the party leader, candidate or leadership contestant (whichever is applicable) must appoint a new auditor without delay.

As soon as possible after the new appointment is made, the party leader, candidate or leadership contestant must file the name and contact information of the person appointed with the CEO, along with the person's signed consent to act.

The former auditor must give the CEO and the new auditor a written statement of the reasons why the appointment ended.

29     AUDITOR'S REPORTS

(1) — Auditor's report on audited statements

For every financial statement that must be audited under Part 9, the auditor must examine the statement and supporting documentation and make a report to the financial officer or official agent who was responsible for preparing the statement.

The auditor must conduct the examination and make the report in accordance with generally accepted auditing standards.

(2) — Additional statements

The auditor's report must include or be accompanied by any statements the auditor considers necessary if

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

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

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

(3) — Access to records

The following persons must give the auditor access at all reasonable times to the records of the registered party, candidate or leadership contestant, and must give the auditor any information and explanations that the auditor considers necessary to enable the auditor to give a report under this Act:

(a) if the auditor is appointed by a registered party, the financial officer and any employee, agent or other officer of the registered party,

(b) if the auditor is appointed by a candidate, the official agent and any employee or agent of the candidate,

(c) if the auditor is appointed by a leadership contestant, the official agent and any employee or agent of the leadership contestant.

(4) — Qualified privilege (defamation)

A written or oral report or statement made by an auditor under this Act has qualified privilege.

30     AUDITOR'S FEES

An auditor is entitled to be paid the following fees for auditing the following financial statements required to be filed under Part 9:

(a) $16,000 for auditing the annual financial statement of a registered party, or a lesser amount that the CEO considers reasonable,

(b) $30,000 for auditing the financial statement of a registered party for an election, or a lesser amount that the CEO considers reasonable,

(c) $1,500 for auditing the candidate's financial statement, or a lesser amount that the CEO considers reasonable,

(d) $1,500 for auditing the leadership contestant's financial statement, or a lesser amount that the CEO considers reasonable.

The fee is to be paid only if the CEO is satisfied that the audit meets the requirements of this Act.


PART 4:     CONTRIBUTIONS


Contents

31   Definition of "recipient"

32   Contributions generally

33   Who may contribute

34   Contribution limits

35   Rules about making contributions

36   Contributions made directly to recipient

37   Contributions accepted on recipient's behalf

38   Contributions that must be returned

39   Tax receipts for monetary contributions


Overview

This Part sets out rules for making contributions to registered parties, candidates, constituency associations and leadership contestants. The Part includes rules about how contributions are to be accepted and recorded, and the issuing of tax receipts.

Contributions can be money, or they can take the form of property or services. Contributions of property or services are called "non-monetary contributions".

Only individuals who live in Manitoba can make contributions and only to a maximum of $3,000 each year. Corporations and unions cannot make contributions.

Only a monetary contribution to a registered party or a registered candidate qualifies for a tax receipt.


31     DEFINITION OF "RECIPIENT"

In this Part, "recipient" means a registered party, a candidate, a constituency association or a leadership contestant.

32     CONTRIBUTIONS GENERALLY

(1) — Meaning of "contribution"

The following are contributions when provided to a recipient or for a recipient's benefit:

(a) money provided without compensation (a "monetary contribution"),

(b) property or services provided free of charge or at less than market value (a "non-monetary contribution").

(2) — How do you value a non-monetary contribution?

The value of a non-monetary contribution is its market value when the contribution is made.

If property or services are provided to a recipient at less than their market value, the value of the non-monetary contribution is the difference between the market value of the property or services when they were provided and the amount charged by the person providing them.

(3) — Additional rule: what are contributions?

These are contributions:

1. Fees paid for membership in a political party.

2. Fees paid to attend a political party conference or convention, including a leadership convention, that exceed the reasonable expenses of the conference or convention.

3. An amount determined to be a contribution under subsection (6) (fundraising events).

4. An amount determined to be a contribution under subsection (7) (selling items).

5. The value of services provided free of charge by a self-employed individual who normally charges for them.

6. Money, property or services that a candidate provides in support of his or her own election campaign.

7. Money, property or services that a leadership contestant provides in support of his or her own leadership campaign.

8. An amount determined to be a contribution in relation to a loan under section 45.

(4) — Additional rule: what are not contributions?

These are not contributions:

1. Volunteer labour.

2. Services provided free of charge by a person acting as a recipient's financial officer, official agent or legal counsel.

3. Services provided by a recipient's auditor if the services are provided free of charge or if the auditor's payment is limited to the fee payable under Part 3.

4. A payment received by a candidate or leadership contestant in the form of a paid leave of absence under a collective agreement or other employment agreement.

5. A transfer of money, property or services permitted under Part 5 (Transfers).

Information Note

"Volunteer labour" is defined in Part 16 as any service that an individual provides free of charge outside their working hours. But it doesn't include services provided by a self-employed person who normally charge for them.

(5) — Small non-monetary contributions

If an individual makes one or more small non-monetary contributions in a year to the same recipient, the first two are not considered to be contributions. A contribution is small if its market value is less than $25.

(6) — Contributions through fundraising events

If a person pays $25 or more to attend or participate in a fundraising event held for a recipient, ¾ of the amount paid is a contribution by that person.

But no contribution is made if a person pays less than $75 for two or more persons to attend or participate in such an event, if the individual charge is less than $25.

(7) — Contributions through selling items

If an item is sold for $25 or more to raise money for a recipient, the buyer makes a contribution to the recipient of the amount by which the sale proceeds exceed the item's actual cost or market value when acquired, whichever is more.

But no contribution is made if two or more of the same item are sold together in one sale for less than $75 and the charge for any individual item is less than $25.

33     WHO MAY CONTRIBUTE?

Only an individual normally resident in Manitoba may make a contribution.

A person or organization, other than an individual normally resident in Manitoba, must not make a contribution.

34     CONTRIBUTION LIMITS

(1) — $3,000 annual contribution limit

The total value of all contributions — other than contributions to a leadership contestant during a leadership contest period — made in a year by an individual must not exceed $3,000.

(2) — Limit on contributions to leadership contestants

The total value of all contributions made by an individual to one or more leadership contestants during a particular leadership contest period must not exceed $3,000.

(3) — Prohibition against contribution that exceeds the limit

An individual must not make a contribution that results in the contribution limit in subsection (1) or (2) being exceeded.

35     RULES ABOUT MAKING CONTRIBUTIONS

(1) — How to contribute

There are two ways to make a contribution:

1. The contribution may be given directly to a recipient — see section 36.

2. The contribution may be given to another individual normally resident in Manitoba to be forwarded to the recipient — see section 37.

(2) — Form of monetary contributions

An individual who contributes money by cheque, credit card or similar instrument must make it payable directly to the recipient.

(3) — Contributor to use own money or property

An individual must not make a contribution of anything

(a) that does not actually belong to the individual, or

(b) that has been provided to the individual by another person or organization for the purpose of making the contribution.

(4) — No reimbursing

A person or organization must not reimburse or otherwise compensate, or offer to reimburse or otherwise compensate, any individual for all or part of a contribution.

(5) — No expectation of reimbursement

An individual must not make a contribution expecting to be reimbursed or compensated by another person or organization for all or part of the contribution.

(6) — Restrictions on contribution to leadership contestant

Before the leadership contest period begins, an individual must not make a contribution to someone who is or who intends to become a leadership contestant.

An individual must not make a contribution to a leadership contestant after the leadership contest ends, except to reduce or eliminate the contestant's outstanding liabilities.

(7) — Affidavit of compliance

If requested by the CEO, a contributor must file an affidavit stating that he or she has not contravened this section or section 33 or 34.

36     CONTRIBUTIONS MADE DIRECTLY TO RECIPIENT

(1) — Record of the contribution

A recipient who accepts a contribution directly from a contributor must make a record of the contribution that sets out the following:

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

(b) if the contribution is money, the amount of it,

(c) if the contribution is non-monetary, its value,

(d) the date the contribution was received,

(e) the signature of the contributor, if the contribution is cash of more than $100.

(2) — Contributions that a recipient must not accept

A recipient must not accept a contribution knowing that the contributor expects to be reimbursed or otherwise compensated by another person or organization for all or part of the contribution.

A recipient must not solicit or knowingly accept a contribution prohibited under this Part.

37     CONTRIBUTIONS ACCEPTED ON A RECIPIENT'S BEHALF

(1) — Who may accept a contribution on a recipient's behalf?

Only an individual normally resident in Manitoba may accept a contribution on a recipient's behalf.

A person or organization, other than an individual normally resident in Manitoba, must not accept a contribution on a recipient's behalf. But this does not prevent a professional fundraiser, event organizer, call centre or similar entity retained by a recipient from soliciting contributions on a recipient's behalf and giving the recipient information collected from potential contributors.

(2) — Record of contributions accepted on recipient's behalf

An individual who accepts a contribution on a recipient's behalf must make a record of the contribution that sets out the following:

(a) the name of the individual accepting the contribution and the name of the recipient,

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

(c) if the contribution is money, the amount of it,

(d) if the contribution is non-monetary, its value,

(e) the date the contribution was received,

(f) the signature of the contributor, if the contribution is cash of more than $100.

(3) — Contribution must be forwarded to recipient

An individual who accepts a contribution on a recipient's behalf must promptly forward it to the recipient, along with the record.

However, if one or more monetary contributions are cash, the individual may

(a) deposit the cash in 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.

The individual must then promptly forward to the recipient either a cheque drawn against the account in the amount of the contributions, or the money order or other instrument.

(4) — Prohibited contribution cannot be accepted

An individual must not accept a contribution on a recipient's behalf knowing that the contributor expects to be reimbursed or otherwise compensated by another person or organization for all or part of the contribution.

A person acting on a recipient's behalf must not solicit or knowingly accept a contribution that is prohibited under this Part.

A recipient must not accept a contribution for which a record is required under subsection (2) unless it is accompanied by that record.

38     CONTRIBUTIONS THAT MUST BE RETURNED

If the applicable financial officer or official agent learns that a contribution has been accepted contrary to this Part, he or she must promptly return it to the contributor or pay the contributor an amount equal to its value.

A recipient who receives an anonymous contribution of more than $10 at a meeting or otherwise must return it to the contributor if the contributor can be identified. If not, the recipient must turn the contribution over to the Minister of Finance to be paid into the Consolidated Fund.

39     TAX RECEIPTS FOR MONETARY CONTRIBUTIONS

(1) — Contributions to party

A party's financial officer or deputy financial officer must issue a tax receipt to an individual who makes a monetary contribution to the party if the contribution is

(a) permitted under this Act,

(b) more than $10, and

(c) received by the party (or received on its behalf) while it is registered.

(2) — Contributions to candidate

A candidate's official agent or deputy official agent must issue a tax receipt to an individual who makes a monetary contribution to the candidate if

(a) the candidate is or becomes registered, and

(b) the contribution is

(i) permitted under this Act,

(ii) more than $10, and

(iii) received by the candidate (or on his or her behalf) during the candidacy period.

(3) — Contributions of less than $10

A tax receipt may be issued for a contribution of $10 or less, but is not required.

(4) — No tax receipt for some contributions

A tax receipt may not be issued for the following contributions:

(a) a contribution referred to in section 45 (loans),

(b) a contribution to a constituency association,

(c) a contribution to a leadership contestant,

(d) a non-monetary contribution.

(5) — Form of tax receipt

A tax receipt issued under this section must be in a form approved by the CEO and must have printed on it the registration number assigned to the party or candidate by the CEO.

(6) — Prohibition

A person must not issue a tax receipt for a contribution unless a tax receipt is required or permitted under this section.


PART 5:     TRANSFERS


Contents

40   Prohibited transfers

41   Permitted transfers

42   Transfer of surplus by candidate or leadership contestant

43   Effect of a transfer on election expenses


Overview

Registered parties and their endorsed candidates, constituency associations and leadership contestants sometimes wish to transfer money, property and services to one another. This Part prohibits some transfers and permits others.

When a transfer is permitted, the amount of money transferred, or the value of the transferred property or services, is not a contribution under this Act.

Any surplus that an endorsed candidate or a leadership contestant has after an election or leadership contest must be transferred to the party.


40     PROHIBITED TRANSFERS

A person or entity listed in Column 1 of the following table must not transfer money, property or services to a person or entity listed opposite in Column 2:

Column 1 Column 2

A registered party

A leadership contestant

A candidate

A registered party, other than the party that has endorsed the candidate

A constituency association

Another candidate

A leadership contestant

A constituency association    

A registered party, other than its registered party

Another constituency association

A candidate, other than the candidate it has nominated

A leadership contestant

A leadership contestant

A registered party, except as provided in subsection 42(2)

Another leadership contestant

A constituency association

A candidate

41     PERMITTED TRANSFERS

(1) — Permitted transfers are not contributions

A person or entity listed in Column 1 of the following table may transfer money, property or services to a person or entity listed opposite in Column 2.  Such a transfer is not a contribution.

Column 1 Column 2

A registered party

A constituency association of the party

A candidate endorsed by the party or nominated by a constituency association of the party

A candidate

The registered party that has endorsed the candidate

A constituency association

Its registered party

The candidate nominated by the constituency association or endorsed by its registered party

(2) — Constituency association to report contributions if it transfers more than $250

If a constituency association transfers $250 or more

(a) to its registered party during a campaign period, or

(b) to its candidate during the candidacy period,

it must give the party or candidate a statement that lists, for each contributor who contributed $250 or more to the constituency association during the campaign period or candidacy period (as applicable), the contributor's name and address and the total amount contributed in the period.

42     TRANSFER OF SURPLUS BY CANDIDATE OR LEADERSHIP CONTESTANT

(1) — Surplus of endorsed candidate to be transferred to party

If the audited financial statement of a candidate endorsed by a registered party shows a surplus, the candidate's official agent must transfer the surplus to the party when the candidacy period ends.

If the official agent does not make the transfer, or if the candidate withdraws and has no official agent, the candidate must make the transfer.

(2) — Surplus of leadership contestant to be transferred to party

If the audited financial statement of a leadership contestant shows a surplus, the contestant's official agent must transfer the surplus to the party when the leadership contest period ends.

If the official agent does not make the transfer, or if the contestant withdraws and has no an official agent, the contestant must make the transfer.

(3) — Required transfer not a contribution

A transfer required by this section is not a contribution under this Act.

43     EFFECT OF A TRANSFER ON ELECTION EXPENSES

If money transferred under this Part is used to pay election expenses, those expenses are attributable to the transferee and not to the transferor.

If property or services that have not been used in an election are transferred under this Part for use by the transferee in an election, the related election expenses are attributable to the transferee and not the transferor.

If property used in an election is transferred under this Part for use in another election, the market value of the property is not eligible for reimbursement under Part 10.


PART 6:     LOANS


Contents

44   Basic rule — loan is not a contribution

45   Exceptions to the basic rule

46   Restrictions on term and amount of loan

47   Loan agreements

48   Prohibited loans

49   Certain loans between political entities are transfers


Overview

Registered parties, candidates, constituency associations and leadership contestants sometimes borrow money to finance their activities. A loan does not result in a contribution unless the interest rate on the loan is less than the market rate, or someone else makes a payment on the loan, or the loan is not collected.

Loans of more than $3,000, or with a term of more than two years, may be made only

–   by a financial institution, or

–   by registered parties, candidates and constituency associations to one another.

An agreement for a loan must be in writing and filed with the CEO.

Certain loans by candidates, leadership contestants and constituency associations are prohibited.


44     BASIC RULE — A LOAN IS NOT A CONTRIBUTION

A loan to a registered party, a candidate, a leadership contestant or a constituency association is not a contribution.

Section 45 sets out exceptions to this basic rule.

45     EXCEPTIONS TO THE BASIC RULE

(1) — Loan for lesser interest rate is a contribution

If a loan to a registered party, a candidate, a leadership contestant or a constituency association is made at an interest rate that is less than the prime rate of the government's principal banker at the time the interest rate for the loan is fixed, the lender makes a contribution.

The amount of the contribution is the difference between the amount of interest that would be payable at that prime rate and the amount being charged for the loan.

Information Note

The prime rate of interest of the government's principal banker is published on the Elections Manitoba website.

(2) — Payment on borrower's behalf is a contribution

If a person or organization other than the borrower makes a payment on a loan, the amount of the payment is a contribution by that person or organization.

(3) — Unpaid loan is a contribution

If a loan remains unpaid six months after becoming due, and the lender has not begun legal proceedings to collect the debt, the lender makes a contribution of the amount of the debt.

This subsection does not apply to a lender that is a financial institution.

To avoid doubt, this subsection does not affect the rights of a creditor in relation to the debt that becomes a contribution.

(4) — Contribution rules apply, but no tax receipt

Part 4 (Contributions) applies to a contribution referred to in this section, but a tax receipt must not be issued for such a contribution.

46     RESTRICTIONS ON TERM AND AMOUNT OF LOAN

(1) — Maximum term of two years

A person or organization must not

(a) make a loan with a term of more than two years to a registered party, a candidate, a leadership contestant or a constituency association, or

(b) refinance or renew such a loan in a manner that results in loan payments being due more than two years after the loan was first made.

(2) — Maximum amount of $3,000

A person or organization must not make, within the same calendar year, loans totaling more than $3,000 to one or more registered parties or candidates, leadership contestants or constituency associations, or any combination of them.

(3) — Loans to which this section does not apply

This section does not apply to a loan that is made

(a) by a financial institution,

(b) by a registered party or constituency association to a candidate,

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

S.M. 2014, c. 32, s. 8.

47     LOAN AGREEMENTS

(1) — General requirements

A loan to a registered party, a candidate, a leadership contestant or a constituency association must be supported by a written agreement that sets out the amount and term of the loan, the name and address of the lender and any guarantor, and the details of any assignment of reimbursement made by the borrower.

The agreement must be filed with the CEO immediately after it is made.

(2) — Publication by CEO

As soon as reasonably practicable after receiving a copy of a loan agreement, the CEO must give public notice of the agreement that identifies the borrower and includes the information required under subsection (1). But public notice is not to be given if the lender is a financial institution or if the loan is for less than $250.

48     PROHIBITED LOANS

(1) — Loan by candidate

A candidate must not lend money raised for the purpose of an election to another person or to an organization.

(2) — Loan by leadership candidate

A leadership contestant must not lend money raised for the purpose of a leadership contest to another person or to an organization.

(3) — Loan by constituency association

A constituency association must not lend money except to its registered party or nominated candidate.

49     CERTAIN LOANS BETWEEN POLITICAL ENTITIES ARE TRANSFERS

When a loan is made between a registered party and a candidate or constituency association, or between a candidate and a constituency association, the following are deemed to be transfers under Part 5:

(a) if the interest rate on the loan is less than the prime rate of the government's principal banker when the rate of interest for 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 borrower but is made by a registered party, constituency association or candidate,

(c) any amount remaining unpaid 12 months after the loan becomes due.

The amount of such a transfer is not a contribution under this Act.


PART 7:     ELECTION EXPENSES


Contents

50   Meaning of "election expense"

51   Election expense limit for registered parties

52   Election expense limit for candidates

53   Determining number of voters in order to set limits

54   Inflation adjustment

55   Demanding payment of election expenses

56   Restrictions on advertising rates


Overview

This Part limits spending by registered parties and candidates during an election.

The spending limits are calculated by multiplying specified dollar amounts by the number of names on the voters list. The limits apply to the costs that a registered party or candidate incurs, or the value of non-money contributions they use, during an election.

Within the overall spending limits, a separate limit is established for spending on advertising.

In addition, people who sell advertising during an election period cannot charge registered parties, candidates or constituency associations more than the market rate.


50     MEANING OF "ELECTION EXPENSE"

(1) — Election expenses generally

An election expense is

(a) a cost incurred by a registered party or a candidate, before or during an election period, for property or services used during that period to support or oppose (directly or indirectly) a registered party or a candidate in the election, and

(b) the value of a non-monetary contribution made to or for the benefit of a registered party or a candidate, before or during an election period, in the form of property or services used during that period to support or oppose (directly or indirectly) a registered party or a candidate in the election.

A "cost incurred" means a cost, whether it is paid or unpaid, and includes a cost incurred by an individual on behalf of a registered party or a candidate with the knowledge and consent of the party or candidate. In addition, a candidate incurs a cost if a constituency association incurs the cost on the candidate's behalf.

(2) — What is an election expense?

Without limiting subsection (1), an election expense includes a cost incurred for, or the value of a non-money contribution used in relation to, the following:

1. Advertising and promotional materials.

2. Services of a person compensated for being an official agent, organizer, manager, office worker or other campaign worker.

3. Services of a person to run as a candidate, except by way of a paid leave of absence under a collective agreement or other employment agreement.

4. Transportation, accommodation, food and refreshment for candidates, campaign workers and leaders of registered parties.

5. Reasonable personal expenses that a candidate incurs in an election period to enable the candidate to campaign.

6. Rental or purchase of office space, office equipment and supplies, including utility costs.

7. Rental of a hall or other meeting space.

8. A reasonable portion of the cost of capital assets.

9. Costs to make or acquire an inventory of goods, such as transportation and storage costs.

10. Fundraising events.

11. Property acquired but not used in a previous election.

12. Opinion surveys and market research, including the cost of survey design and analysis.

(3) — What isn't an election expense?

These are not election expenses:

1. Expenses incurred to hold a conference or convention of a registered party.

2. Expenses incurred to hold a meeting to nominate a candidate.

3. Expenses incurred by a registered party to operate a permanent office, including the salaries and wages paid to permanent staff members working in the office during the election period.

4. Volunteer labour.

5. Services of a person who acts without compensation as a financial officer, official agent or legal counsel to a registered party or a candidate.

6. Reasonable disability expenses incurred by a disabled candidate to campaign in an election period.

7. Reasonable child care expenses incurred by a candidate to campaign in an election period.

8. Auditor's fees.

9. Expenses incurred for a leadership contest, including advertising that supports or opposes (directly or indirectly) a leadership contestant in a leadership contest.

10. Property or services used after 8:00 p.m. on election day, including those used for social functions and communicating with voters and campaign workers.

(4) — How do you value an election expense?

The value of an election expense is

(a) the price paid or payable for the property or service that makes up the election expense, or

(b) the market value of the property or service that makes up the election expense if no price is paid or if the price paid is lower than the market value.

51     ELECTION EXPENSE LIMIT FOR REGISTERED PARTIES

(1) — What is the overall limit for election expenses?

General election — The election expenses of a registered party must not exceed the amount determined by multiplying $1.92 (adjusted for inflation under section 54) by the number of names on the voters lists for all the electoral divisions in which the registered party endorses candidates.

By-election — The election expenses of a registered party must not exceed the amount determined by multiplying $3.45 (adjusted for inflation under section 54) by the number of names on the voters lists for the electoral division in which the by-election is held.

(2) — What is the limit on advertising expenses?

General election — The election expenses of a registered party incurred for advertising must not exceed the amount determined by multiplying $0.99 (adjusted for inflation under section 54) by the number of names on the voters lists for all the electoral divisions in which the party endorses candidates.

By-election — The election expenses of a registered party incurred for advertising must not exceed the amount determined by multiplying $1.72 (adjusted for inflation under section 54) by the number of names on the voters lists for the electoral division in which the by-election is held.

(3) — Advertising expenses included in election expenses

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

(4) — Party not to allocate expenses to others

A registered party must not

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

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

52     ELECTION EXPENSE LIMIT FOR CANDIDATES

(1) — What is the overall limit on election expenses?

A candidate's election expenses must not exceed,

(a) in an electoral division with an area of less than 30,000 square miles, the amount determined by multiplying $2.91 (adjusted for inflation under section 54) by the number of names on the voters lists for the electoral division, and

(b) in an electoral division with an area of 30,000 square miles or more, the amount determined by multiplying $4.64 (adjusted for inflation under section 54) by the number of names on the voters lists for the electoral division.

(2) — What is the limit on advertising expenses?

The election expenses of a candidate incurred for advertising must not exceed the amount determined by multiplying $0.60 (adjusted for inflation under section 54) by the number of names on the voters lists for the electoral division in which the person is a candidate.

(3) — Advertising expenses included in election expenses

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

(4) — Candidate not to allocate expenses to others

A candidate must not

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

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

Information Note

A separate expense limit is not provided for constituency associations. Rather, a cost incurred by a constituency association

–  during an election period is included in the candidate's expense limit — see the definition of "cost incurred" in subsection 50(1),

–  outside the election period but within the year of a fixed date election is included in its registered party's limit — see subsection 58(4).

Costs incurred at other times are not limited by this Act.

53     DETERMINING NUMBER OF VOTERS IN ORDER TO SET LIMITS

(1) — Number of voters on revised voters lists

As soon as practicable after the revised voters lists for the electoral division are available at the end of the second Thursday before election day, the CEO (or the returning officer on the CEO's direction) must inform each candidate in the electoral division, and each registered party, of the number of names on those lists.

Information Note

Voters lists are prepared and revised under Part 7 of The Elections Act.

(2) — Number of voters on final voters lists

As soon as reasonably practicable after election day, the CEO (or the returning officer on the CEO's direction) must inform each candidate in the electoral division, and each registered party, of the number of names on the final voters lists in the electoral division.

(3) — If previous election's lists shows greater number

If there are fewer names on the revised or final voters lists than there were on the final voters lists for the previous general election, the number on the previous general election's list is to be used to calculate the limits under sections 51 and 52.

54     INFLATION ADJUSTMENT

(1) — When is the adjustment made?

When a general election is called, the CEO must adjust the dollar figures in sections 51 and 52 and publish the new amounts.

(2) — How is the adjustment made?

To make the adjustment, the CEO must

(a) determine the ratio between the consumer price index for the City of Winnipeg for January 2012 and the consumer price index for the City of Winnipeg for the second month immediately before the month in which the election is called, and

(b) apply the ratio to the dollar figures in sections 51 and 52.

55     DEMANDING PAYMENT OF ELECTION EXPENSES

(1) — Is there a time limit?

A person who has a claim against a registered party or a candidate for an election expense must submit the claim to the financial officer or official agent within one month after election day.

A claim that is not submitted within this time limit is barred unless the court approves the claim.

Information Note

The promptness of the demand is necessary to ensure that the candidate's financial statement includes all outstanding liabilities.

(2) — What happens if a creditor dies?

As an exception to subsection (1), if a person with a claim dies within the one-month time limit without having made a claim, the time limit is extended to one month after the date the person's personal representative is authorized to administer their estate.

(3) — Who makes the payment?

Only the following persons may pay a claim against a registered party or a candidate for an election expense:

(a) the appropriate financial officer or official agent,

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

But if the candidate's official agent does not pay a claim against the candidate for an election expense, the candidate may do so.

56     RESTRICTIONS ON ADVERTISING RATES

During an election period, a person must not charge a registered party, a candidate or a constituency association (or a person acting for any of them) a rate for advertising that is more than the lowest rate the person charges anyone else for equivalent advertising in the same medium during that period.


PART 8:     ADVERTISING


Contents

57   Meaning of "advertising"

58   Limit on advertising expenses during year of fixed date election

59   Inflation adjustment

60   Expenses that are not advertising expenses

61   Advertising must be authorized


Overview

Part 7 (Limits on Election Expenses) places a limit on what registered parties and candidates may spend during an election period, including on advertising. This Part places an additional limit on spending on advertising during the rest of the year in which a fixed date election is held.

Advertising by registered parties, candidates, constituency associations and leadership contestants must be authorized by the person responsible for its distribution or use.


57     MEANING OF "ADVERTISING"

In this Part, "advertising" includes promotional materials.

58     LIMIT ON ADVERTISING EXPENSES DURING YEAR OF FIXED DATE ELECTION

(1) — What is the limit for registered parties?

In the year of a fixed date election, a registered party must not incur expenses for advertising or accept non-monetary contributions of advertising of more than $268,000 outside the election period.

(2) — What is the limit for candidates?

In the year of a fixed date election, a candidate must not incur expenses for advertising or accept non-monetary contributions of advertising of more than $6,500 outside the election period.

(3) — Advertising must be used during the year

A registered party or a candidate incurs an expense for advertising under this section only if the advertising is used during the year of a fixed date election.

(4) — Who incurs an advertising expense?

A registered party is considered to incur an expense for advertising under this section if the expense is incurred by the party itself, by a constituency association of the party or by an individual on the party's behalf with its knowledge and consent.

A candidate is considered to incur an advertising expense if the candidate incurs it himself or herself or if another individual incurs it on the candidate's behalf with the candidate's knowledge and consent.

59     INFLATION ADJUSTMENT

(1) — When is the adjustment made?

At the beginning of each year in which a fixed date election will be held, the CEO must adjust the annual limits in section 58 for inflation and publish the new limits.

(2) — How is the adjustment made?

The CEO must make the adjustment by

(a) determining the ratio between the consumer price index for the City of Winnipeg at the beginning of the 2012 calendar year and the consumer price index for the City of Winnipeg at the beginning of the calendar year for which the adjustment is made, and

(b) applying the ratio to the annual limits in section 58.

60     EXPENSES NOT CONSIDERED TO BE ADVERTISING EXPENSES

(1) — Leadership contest expenses not included

Advertising expenses incurred in relation to a leadership contest — whether incurred by or on behalf of a leadership contestant or a registered party — are not advertising expenses under this Part.

(2) — Assembly allowances not included

An allowance paid under The Legislative Assembly Act for an expense incurred by a member of the Assembly, or by the caucus of a registered party, is not an advertising expense under this Part.

61     ADVERTISING MUST BE AUTHORIZED

(1) — Who must authorize advertising?

A person or entity listed in Column 1 of the following table — or a person acting on their behalf with their knowledge and consent — must not publish, print or distribute advertising unless it is authorized by the person listed opposite in Column 2.

Column 1 Column 2

A registered party

The party's financial officer

A candidate

The candidate's official agent

The candidate, but only if the advertising is used before the candidate's official agent is appointed

A constituency association

The party's financial officer (in the year of a fixed date election)

The constituency association's financial officer (at other times)

A leadership contestant

The contestant's official agent

The contestant, but only if the advertising is used before the contestant's official agent is appointed

(2) — Authorization must be displayed or announced

The person listed in Column 2 of the table must ensure that the authorization is

(a) printed on the advertisement, if the advertisement is printed material, or

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

(3) — When is an authorization required?

This section applies to advertising

(a) at any time, if the advertising is by or on behalf of a registered party, a candidate or a constituency association, and

(b) during a leadership contest period, if the advertising is by or on behalf of a leadership contestant.

S.M. 2014, c. 32, s. 8.


PART 9:     FINANCIAL REPORTING


Contents

62   Reporting by registered party

63   Reporting by candidate

64   Reporting by constituency association

65   Reporting by leadership contestant

66   Reporting if by-election cancelled

67   CEO may request additional information

68   When others become obligated to file

69   CEO may extend filing deadline

70   Late filing fees

71   Information available to public

72   Records to be maintained


Overview

Registered parties, candidates, constituency associations and leadership contestants must report on their finances to the CEO.

A registered party and a constituency association must report annually.

After an election, each registered party and candidate must report on their election finances. A candidate or leadership contestant who has outstanding liabilities must continue to report annually.

A leadership contestant must report on their leadership contest finances.

Late fees are imposed on those who don't report on time.

The public is given access to specified information that parties, candidates, constituency associations and leadership contestants file with the CEO.


62     REPORTING BY REGISTERED PARTY

(1) — Annual reporting

By March 31 in each year, the financial officer of a registered party must file the following with the CEO:

1. An audited financial statement of the party for the previous year, setting out

(a) its income, including contributions and transfers received,

(b) its expenses, including annual advertising expenses, and transfers made to a candidate or constituency association,

(c) its assets and liabilities at the end of the year, and

(d) for contributors who made contributions of a total amount of $250 or more in the year, a separate statement that lists each contributor's name and the total amount that he or she contributed.

2. The auditor's report on the audit of the annual financial statement.

3. A separate statement of the contributions received during the year that lists, for each contributor, their name, address and the total amount contributed.

(2) — Election reporting

Within four months after election day, the financial officer of a registered party must file the following with the CEO:

1. An audited financial statement of the party for the election, setting out

(a) its income during the campaign period, including contributions and transfers received,

(b) its election expenses, and

(c) transfers made during the campaign period to a candidate or constituency association.

The statement must also set out the balance of any loan made to the party that remains outstanding at the end of the campaign period.

2. The auditor's report on the audit of the financial statement.

(3) — Financial information about election must be kept separate

The income, election expenses and transfers reported in a registered party's financial statement for an election must not be included in the party's annual financial statement for the year in which the election was held.

63     REPORTING BY CANDIDATE

(1) — Election reporting

Within four months after election day, a candidate's official agent must file the following with the CEO:

1. An audited financial statement of the candidate for the candidacy period, setting out

(a) the candidate's income, including contributions and transfers received,

(b) the candidate's expenses, including election expenses, annual advertising expenses, and transfers made,

(c) the candidate's reasonable disability expenses and reasonable child care expenses, if any,

(d) the candidate's assets and liabilities at the end of the candidacy period,

(e) the name of each supplier of goods or services to whom the candidate owes payment, and the amount owing to each, and

(f) for contributors who made contributions of a total amount of $250 or more in the candidacy period, a statement that lists each contributor's name and the total amount that he or she contributed.

2. The auditor's report on the audit of the financial statement.

3. Copies of bills, invoices or other evidence of the expenses that the candidate incurred and transfers the candidate made, as set out in the candidate's financial statement.

4. A separate statement of the contributions received during the candidacy period that lists, for each contributor, their name, address and the total amount contributed.

(2) — If candidate withdraws

If a candidate withdraws from an election, then, for the purpose of reporting under subsection (1),

(a) the candidacy period for the candidate ends on the day of the withdrawal, and

(b) the duty to report continues to apply to the candidate's official agent, or applies to the candidate if the candidate withdraws and has no official agent.

(3) — If candidate has outstanding liabilities

A candidate whose financial statement shows outstanding liabilities must — if the liabilities exceed the reimbursement paid under Part 10 — file a statement with the CEO for each year that the liabilities remain outstanding.

The statement must be filed within 30 days after the end of the year covered by the statement and must set out the following:

1. The outstanding balance of any loan made to the candidate, if the balance is $250 or more at the end of the year.

2. The amount of any other outstanding liabilities at the end of the year.

3. The source of the funds used to reduce or eliminate the outstanding liabilities in the year, if any.

4. For contributors who made contributions of a total amount of $250 or more in the year, a statement that lists each contributor's name and the total amount that he or she contributed.

At the same time, the candidate must file a separate statement of the contributions received during the year that lists, for each contributor, their name, address and the total amount contributed. This statement does not form part of the candidate's statement on outstanding liabilities.

(4) — If independent candidate has a surplus

If the financial statement of an independent candidate shows a surplus, the candidate's official agent must pay the surplus to the CEO.

If an independent candidate withdraws before appointing an official agent, the candidate must pay the surplus to the CEO.

The CEO must hold the amount of the surplus in trust for the candidate and pay it, with accumulated interest, to

(a) 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) the Minister of Finance, in any other case.

Information Note

The surplus of a candidate who is endorsed by a registered party is dealt with in Part 5 (Transfers).

64     REPORTING BY CONSTITUENCY ASSOCIATION

(1) — Annual report on contributions and loans

By January 31 in each year, the financial officer of a constituency association must file the following with the CEO:

1. A statement of the outstanding balance, as at the end of the previous year, of any loan made to the constituency association.

2. A statement of the contributions received during the previous year that lists, for each contributor, their name, address and the total amount contributed.

3. For contributors who made contributions of a total amount of $250 or more in the year, a separate statement that lists each contributor's name and the total amount that he or she contributed.

(2) — New constituency association must report on contributions

A constituency association formed in anticipation of new electoral division boundaries must comply with subsection (1).

65     REPORTING BY LEADERSHIP CONTESTANT

(1)     Leadership contest report

Within 30 days after a leadership contest period ends, a leadership contestant's official agent must file the following with the CEO:

1. An audited financial statement of the leadership contestant setting out, for the period,

(a) the contestant's income, including contributions received,

(b) the contestant's expenses during the leadership contest period, including expenses incurred on the contestant's behalf,

(c) the contestant's assets and liabilities at the end of the contest period, and

(d) for contributors who made contributions of a total amount of $250 or more in the period, a statement that lists each contributor's name and the total amount that he or she contributed.

2. The auditor's report on the audit of the contestant's financial statement.

3. A separate statement of the contributions received during the period that lists, for each contributor, their name, address and the total amount contributed.

(2) — If leadership contestant withdraws

If a contestant withdraws from a leadership contest, then, for the purpose of reporting under subsection (1),

(a) the leadership contest period for the contestant ends on the day of the withdrawal, and

(b) the duty to report continues to apply to the contestant's official agent, or applies to the contestant, if the contestant withdraws before appointing an official agent.

(3) — If leadership contestant has outstanding liabilities

A leadership contestant whose audited financial statement shows outstanding liabilities must file a statement with the CEO for each year in which the liabilities remain outstanding.

The statement must be filed within 30 days after the end of year covered by the statement and must set out the following:

1. The outstanding balance of any loan made to the contestant, if the balance is $250 or more at the end of the year.

2. The amount of any other outstanding liabilities at the end of the year.

3. The source of the funds used to reduce or eliminate the outstanding liabilities in the year, if any.

4. For contributors who made contributions of a total amount of $250 or more in the year, a statement that lists each contributor's name and the total amount that he or she contributed.

At the same time, the contestant must file a separate statement of the contributions received during the year that lists, for each contributor, their name, address and the total amount contributed. This statement does not form part of the contestant's statement on outstanding liabilities.

(4) — Creditor's claim against leadership contestant

A person who has a claim against a leadership contestant for an expense incurred by the contestant in relation to the leadership contest must submit the claim to the contestant's financial officer within one month after the day the leadership is determined.

Information Note

The promptness of the demand is necessary to ensure that the contestant is able to include all outstanding liabilities in their financial statement.

(5) — Demanding payment

Section 55 applies with necessary changes to claims for expenses against leadership contestants.

66     REPORTING IF BY-ELECTION CANCELLED

If a by-election is cancelled because a general election is called, the following rules apply to reporting under this Part:

1. Election day for the by-election is deemed to have been the day the general election was called.

2. Election expenses incurred for the by-election are not included as election expenses for the general election.

3. The deadline for complying with subsection 62(2) for a party that incurred an election expense in the by-election is four months after the date of the general election.

4. For a candidate in the by-election who is also a candidate in the general election, the deadline for complying with section 63 is four months after the date of the general election.

67     CEO MAY REQUEST ADDITIONAL INFORMATION

(1) — CEO may request information

The CEO may in writing request a financial officer or official agent to provide to the CEO any information that is reasonably required to clarify or verify the information set out in a statement, report or record filed under this Act.

(2) — Financial officer or official agent must comply

The financial officer or official agent must file the requested information with the CEO within 30 days after receiving the request, or within any extension granted under section 69.

68     WHEN OTHERS BECOME OBLIGATED TO FILE

(1) — CEO to give notice of failure to file

If a financial officer or official agent fails to file a statement, report or record required under this Act, the CEO must notify the following:

(a) in the case of a failure by a registered party's financial officer, the leader or president of the party,

(b) in the case of a failure by the candidate's official agent, the candidate,

(c) in the case of a failure by a leadership contestant's official agent, the leadership contestant.

The notice may be given personally or be mailed or delivered to the person's last known address using a service that provides the CEO with acknowledgment of receipt.

(2) — Person who receives notice must file

A person who receives the notice must file the required statement, report or record within 30 days after receiving the notice.

(3) — Consequences for candidate who fails to file

A candidate who fails to comply with subsection (2) within the time specified — or any extension granted under section 69 — is not eligible

(a) to sit in the Assembly, if the candidate is elected as a member of the Assembly, or

(b) to be nominated as a candidate until after the next general election, if the candidate is not elected,

until he or she complies.

This is in addition to any other penalty that may be imposed under this Act.

(4) — CEO to notify the Speaker

The CEO must report to the Speaker, in writing, the name of a member who is not eligible to sit in the Assembly under clause (3)(a).

The member named in the report must not sit in the Assembly until the CEO reports to the Speaker that the member has filed the required statement, report or record.

The Speaker must table a copy of a report received from the CEO in the Assembly on the first day after receiving it if the Assembly is sitting or, if it is not, on the day the next sitting begins.

69     CEO MAY EXTEND FILING DEADLINE

A person required to file information or a statement, report or record may ask the CEO, in writing, to extend the filing deadline.

The CEO may grant the request if it is received before the deadline or, if the deadline has already been extended, before the extension expires.

70     LATE FILING FEES

(1) — Late filing fee

A person (other than a constituency association's financial officer) who fails to file information or a statement, report or record required under this Act before the filing deadline — or any extension granted under section 69 — must pay the CEO a late filing fee of $25 for each day the failure continues.

(2) — Late filing fee: constituency association

A constituency association's financial officer who fails to file a statement required under section 64 by February 28 of each year must pay the CEO a late filing fee of $25 for each day the failure continues.

(3) — Maximum of 30 days

A late filing fee may be imposed for no more than 30 days.

(4) — No prosecution if fee paid

A person must not be prosecuted for failing to file information or a statement, report or record required under this Act if the person files it within 30 days after filing was required — or in the case of a financial officer of a constituency association, by March 31 of the applicable year — and pays the late filing fee.

(5) — Deducting late fee from amounts payable

If a person owes a late filing fee, the CEO may deduct the amount owing from any amount payable to that person under this Act.

(6) — Fees to be turned over to Minister of Finance

The CEO must turn over all money received under this section to the Minister of Finance to be paid into the Consolidated Fund.

(7) — Notice: late filing fees

As soon as reasonably practicable, the CEO must notify a registered party's financial officer if any of the following persons become liable to pay a late filing fee:

(a) a candidate endorsed by the party,

(b) an official agent of a candidate endorsed by the party,

(c) a financial officer of a constituency association of the party.

71     INFORMATION AVAILABLE TO PUBLIC

The CEO must make the following available to the public:

1. For a registered party the party's annual financial statement under item 1 of subsection 62(1), its financial statement for an election under item 1 of subsection 62(2) and the auditor's report on each of them.

2. For a candidate the candidate's financial statement for an election under item 1 of subsection 63(1) and the auditor's report on that statement, and the candidate's statement on outstanding liabilities under subsection 63(3).

3. For a constituency association — the constituency association's statements under items 1 and 3 of subsection 64(1).

4. For a leadership contestant the contestant's financial statement under item 1 of subsection 65(1) and the auditor's report on that statement, and the contestant's statement on outstanding liabilities under subsection 65(3).

5. In relation to late filing feesthe name of any person required to pay a late filing fee and the amount payable.

A person may obtain a copy of any of the items or information referred to in this section by asking the CEO and paying an appropriate fee.

72     RECORDS TO BE MAINTAINED

(1) — Maintaining records

A financial officer, candidate and leadership contestant must maintain the records on which information or a statement or report filed under this Act is based for

(a) at least five years after the filing date, and

(b) any additional period the CEO or the commissioner considers necessary to ensure compliance with this Act, if notice is given to the person maintaining the records.

Information Note

Under Part 14, the commissioner is responsible for investigating and prosecuting alleged contraventions of this Act.

(2) — Candidate to maintain records

If the candidacy period of a candidate begins before he or she appoints an official agent, the candidate must maintain records in enough detail to comply with section 63.

On appointing an official agent, the candidate must turn those records over to the official agent.

(3) — Leadership contestant to maintain records

If the leadership contest period begins before a leadership contestant appoints an official agent, the contestant must maintain records in enough detail to comply with section 65.

On appointing an official agent, the contestant must turn those records over to the official agent.


PART 10:     REIMBURSEMENT OF ELECTION EXPENSES


Contents

73   Reimbursement of party's election expenses

74   Reimbursement of candidate's election expenses

75   CEO to report calculations

76   Payment of reimbursement to a creditor

77   Effect of over-expenditure


Overview

Registered parties and candidates are reimbursed for some of their election expenses. Parties are eligible for reimbursement if the candidates they endorse receive at least 10% of the votes in the election. Candidates are eligible if they receive at least 10% of the votes in their electoral division.

Money received as reimbursement must be used first to pay the recipient's outstanding liabilities. For a candidate, reimbursement that is not required to pay the candidate's liabilities is paid instead to the registered party that endorsed the candidate (or is held by the CEO, in the case of an independent candidate).

Fifty percent of the reimbursement is payable in advance, as long as the party or candidate has complied with their reporting requirements and has not exceeded the election expense limits.


73     REIMBURSEMENT OF REGISTERED PARTY'S ELECTION EXPENSES

(1) — When is a registered party eligible for reimbursement?

General election — A registered party is eligible for reimbursement if the party's endorsed candidates obtained, in total, at least 10% of all the valid votes in the election.

By-election — A registered party is eligible for reimbursement if the party's endorsed candidates obtained at least 10% of all the valid votes in the by-election.

(2) — Reimbursement amount and over-expenditure amount

A registered party's reimbursement amount is the amount determined by the following formula:

Reimbursement amount = E − O

In this formula,

E   is 50% of the party's election expenses (excluding non-monetary contributions), up to a maximum of 50% of the party's election expense limit,

O   is the party's over-expenditure, which is the greater of the following amounts:

(a) the amount, if any, by which the party's election expenses (including the value of non-monetary contributions) exceed its election expense limit,

(b) the amount, if any, by which the party's advertising expenses (including the value of non-monetary contributions) exceed its advertising expense limit.

Information Note

Registered parties receive reimbursement only for expenditures (election expenses) they actually incur. Non-monetary contributions do not require an outlay of cash and are therefore not eligible for reimbursement. This is why they are excluded when calculating the amount of reimbursement payable. However, the value of non-monetary contributions continues to be included as election expenses for the purpose of determining whether the party has exceeded its election expense limit.

(3) — To whom is the reimbursement paid?

The reimbursement amount is payable to the registered party's financial officer who must ensure that it is used first to pay the party's outstanding liabilities, if any.

(4) — Is an advance payable?

A registered party is entitled to receive 50% of its reimbursement amount (as estimated by the CEO) in advance if

(a) the party's financial statement for the election does not indicate an over-expenditure, and

(b) the CEO has received the information and statements required to be filed under sections 62 and 67, or information the CEO considers sufficient for the advance to be paid.

(5) — Interim certificate for advance payment

Within 15 days after determining that an advance is payable to a party, the CEO must prepare an interim certificate setting out the amount of the advance, and to whom it is payable.

(6) — Final certificate for payment

As soon as reasonably practicable, but no later than 90 days after the CEO receives the information and statements required to be filed under sections 62 and 67, or information the CEO considers sufficient for the reimbursement to be paid, the CEO must prepare a final certificate setting out the following:

(a) the party's reimbursement amount, if any,

(b) the amount paid as an advance, if any,

(c) the balance payable, if any, and to whom it is payable.

(7) — Payment

The reimbursement set out in an interim or final certificate is to be paid out of the Consolidated Fund as soon as reasonably practicable after being certified.

(8) — Recovery of overpayment

If an amount paid as an advance exceeds the registered party's reimbursement amount certified under subsection (6), the excess is an overpayment. The party's financial officer must immediately repay it to the Minister of Finance.

74     REIMBURSEMENT OF CANDIDATE'S ELECTION EXPENSES

(1) — When is a candidate eligible to be reimbursed?

A candidate is eligible for reimbursement if he or she received at least 10% of the valid votes cast in their electoral division.

(2) — What is the reimbursement amount and over-expenditure amount?

A candidate's reimbursement amount is the amount determined by the following formula:

Reimbursement amount = (50% × E) + C + D − O

In this formula,

E   is the candidate's election expenses (excluding the value of non-monetary contributions) or the candidate's election expense limit, whichever is less,

C   is the candidate's reasonable child care expenses,

D   is the candidate's reasonable disability expenses,

O   is the candidate's over-expenditure, which is the greater of:

(a) the amount, if any, by which the candidate's election expenses (including the value of non-monetary contributions) exceed the candidate's election expense limit,

(b) the amount, if any, by which the candidate's advertising expenses (including the value of non-monetary contributions) exceed the candidate's advertising expense limit.

Information Note

Eligible candidates receive reimbursement only for expenditures (election expenses) they actually incur. Non-monetary contributions do not require an outlay of cash and are therefore not eligible for reimbursement. This is why they are excluded when calculating the amount of reimbursement payable. However, the value of non-monetary contributions continues to be included as election expenses for the purpose of determining whether a candidate has exceeded his or her election expense limit.

(3) — To whom is reimbursement paid?

A candidate's reimbursement amount is payable in accordance with the following rules:

Rule 1 — Amount payable to candidate and official agent

A candidate's reimbursement amount is payable jointly to the candidate and their official agent, to the extent of

(a) the candidate's deficit, as determined under subsection (9), or

(b) if there is an over-expenditure, the amount by which the candidate's deficit exceeds the over-expenditure.

The candidate and his or her official agent must ensure that the reimbursement amount is used first to pay the candidate's outstanding liabilities, if any.

Rule 2 — Payment of remaining amount

Any remaining amount is payable

(a) to the financial officer of the registered party that endorsed the candidate, or

(b) in the case of an independent candidate, to the CEO to be held in trust and paid (with accumulated interest) to

(i) the candidate, if he or she is a candidate in the next general election or in a by-election that occurs before the next general election, or

(ii) in any other case, to the Minister of Finance for payment into the Consolidated Fund.

(4) — Is an advance payable?

A portion of the candidate's reimbursement amount is payable in advance in accordance with subsection (3), if

(a) the candidate's financial statement does not indicate an over-expenditure, and

(b) the CEO has received the information and statements required to be filed under sections 63 and 67, or information the CEO considers sufficient for an advance to be paid.

The portion is 50% of the candidate's reimbursement amount (as estimated by the CEO), or the candidate's deficit, whichever is less.

(5) — Interim certificate for advance payment

Within 15 days after determining that an advance is payable to a candidate, the CEO must prepare an interim certificate setting out the amount of the advance and to whom it is payable.

(6) — Final certificate for payment

As soon as reasonably practicable, but no later than 90 days after the CEO receives the information and statements required to be filed under sections 63 and 67, or information the CEO considers sufficient for the reimbursement to be paid, the CEO must prepare a final certificate setting out the following:

(a) the candidate's reimbursement amount, if any,

(b) the amount paid as an advance, if any,

(c) the balance payable, if any, and to whom it is payable.

(7) — Payment

The reimbursement set out in an interim or final payment certificate is to be paid out of the Consolidated Fund as soon as reasonably practicable after being certified.

(8) — Recovery of overpayment

If an amount paid to a candidate as an advance exceeds the candidate's reimbursement amount certified under subsection (6), the excess is an overpayment which is immediately repayable to the Minister of Finance by

(a) the candidate's official agent, in the case of an overpayment to the candidate and the official agent, and

(b) the CEO out of the money held in trust for the candidate, in the case of an overpayment to the CEO.

(9) — When does a candidate have a deficit?

A candidate has a deficit under this section in the amount determined by the following formula, if the result is a negative number:

Amount = I − (E + A + C + D)

In this formula,

I   is the candidate's income during the candidacy period, including contributions (other than non-monetary contributions) and monetary transfers received,

E   is the total of

(a) the candidate's election expenses (excluding non-monetary contributions),

(b) the amount of any monetary transfers the candidate made during the candidacy period to the party that endorsed the candidate, and

(c) bank charges and any interest paid or accrued in relation to a loan made to the candidate, for the four-month period after election day,

A   is the cost of auditing the candidate's financial statement for the election, minus the fee payable to the auditor under Part 3,

C   is the candidate's reasonable child care expenses incurred during the election period, if any,

D   is the candidate's reasonable disability expenses incurred during the election period, if any.

S.M. 2013, c. 54, s. 27.

75     CEO TO REPORT CALCULATIONS

When certifying an amount to be reimbursed or advanced, the CEO must prepare a report detailing how the amount was determined and make the report available to the public.

76     PAYMENT OF REIMBURSEMENT TO A CREDITOR

The reimbursement amount or part of it may be paid to a person to whom a registered party or a candidate has assigned the right to receive the reimbursement, but only if the following conditions are met:

(a) the right is assigned to a person who has made a loan to the party or candidate,

(b) the assignment is made under a loan agreement filed with the CEO under Part 6,

(c) the balance owing on the loan has been confirmed to the CEO's satisfaction,

(d) if the right to reimbursement has been assigned to more than one lender, the party's financial officer or the candidate's official agent (whichever is applicable) has directed the CEO in writing as to the order of payment.

77     EFFECT OF OVER-EXPENDITURE

The fact that an over-expenditure described in this Part reduces reimbursement does not prevent another penalty from being imposed under this Act.


PART 11:     ALLOWANCE FOR REGISTERED PARTIES


Contents

78   Definitions

79   Annual allowance

80   Appointing an allowance commissioner

81   Decision on allowance and regulations


Overview

Registered parties are entitled to receive an annual allowance. The amount of the allowance is determined by a commissioner.


78     DEFINITIONS

The following definitions apply in this Part.

"allowance" means the allowance referred to in section 79. (« allocation »)

"allowance commissioner" means the person appointed under section 80. (« commissaire aux allocations »)

79     ANNUAL ALLOWANCE

For 2012 and each year afterwards, registered parties are entitled to receive an annual allowance to assist them in defraying their administrative and certain operating costs, including costs incurred in complying with this Act.

80     APPOINTING AN ALLOWANCE COMMISSIONER

(1) — LG in C to appoint allowance commissioner

Within three months after this section comes into force, and within six months after each general election afterwards, the Lieutenant Governor in Council is to appoint a commissioner to decide on the amount of the allowance.

(2) — Consultation with leaders

An appointment may be made only after consultation with the leaders of the registered parties.

81     DECISION ON ALLOWANCE AND REGULATIONS

(1) — Decisions

The allowance commissioner must decide the following:

(a) the amounts to be paid to registered parties as an allowance, or how those amounts are to be determined,

(b) when the allowance is to be paid, and whether it is to be paid once each year or in instalments,

(c) whether the allowance is to be adjusted for changes in the cost of living or for any other reason and, if so, when and how,

(d) any related matter the allowance commissioner considers necessary or desirable.

(2) — Factors

In deciding on the amounts of an allowance, the allowance commissioner may consider any factors the commissioner considers relevant, including the following:

(a) the expenses that parties incur for administration and operating costs (others than for advertising and polling), including the costs of complying with this Act,

(b) how much public support a registered party has, as determined by the number of votes the party received in the last general election, the number of seats held, the number of candidates endorsed in the last general election, or any other factor or combination of factors the commissioner considers appropriate.

(3) — Consultation

The allowance commissioner may consult with interested individuals and groups before making his or her decisions.

(4) — Report to Assembly

Within three months after being appointed, the allowance commissioner must submit a report to the Speaker setting out his or her decisions under this section. The Speaker may extend that period.

The Speaker must table a copy of the allowance commissioner's report in the Assembly on any of the first 15 days on which the Assembly is sitting after the Speaker receives the report.

(5) — Regulations

Without delay after submitting the report to the Speaker, the allowance commissioner must make regulations to implement his or her decisions. The regulation may provide for any transitional matters the allowance commissioner considers appropriate.

The regulations made by the first allowance commissioner come into force on January 1, 2012. The regulations made by a subsequent commissioner come into force on January 1 following election day for the last general election.

The Statutes and Regulations Act does not apply to regulations made under this section, but they must be published on the Elections Manitoba website.

S.M. 2013, c. 39, Sch. A, s. 48.


PART 12:     THIRD PARTY SPENDING


Contents

82   Definitions

83   Spending limit

84   Communication must name third party

85   Registration

86   Financial agent

87   Contribution rules

88   Reporting requirements

89   Public information

90   Guidelines

91   Offences


Overview

A third party is a person or group (other than a political party, candidate or constituency association) that promotes or opposes a registered party or a candidate during an election.

A third party must not spend more than $5,000 on communications with the public during an election, and must identify itself in the communications it places.

Once a third party spends $500, it must register with the CEO, appoint a financial officer and make a financial report to the CEO.


82     DEFINITIONS

The following definitions apply in this Part.

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

"election communication" means a communication to the public by any means during an election period of a message that promotes or opposes a registered party or the election of a candidate. It includes advertising and promotional material, but does not include the following:

(a) communication made for the purpose of gaining support on an issue of public policy, or for advancing the aims of a group that is not a partisan political group, if the communication does not promote or oppose a particular registered party or the election of a particular candidate,

(b) the transmission of a document directly by a person or a group to their members, employees or shareholders, or

(c) an editorial, debate, speech, interview, column, letter, commentary or news item normally published without charge. (« communication électorale »)

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

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

"non-monetary contribution" means the commercial value of a service or of property, or the use of property, to the extent it is provided without charge or at less than its commercial value, but does not include volunteer labour. (« don en nature »)

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

83     SPENDING LIMITS

(1) — Spending limit of $5,000

A third party must not incur election communication expenses of more than $5,000 during an election period, whether in a general election or a by-election.

(2) — No circumventing the limit

A third party must not, in any manner, circumvent or attempt to circumvent the $5,000 limit, or the registration requirement in section 85, including

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

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

84     COMMUNICATION MUST NAME THIRD PARTY

(1) — Communication must name third party

A third party must identify itself in any election communication it places and indicate that it has authorized the communication.

(2) — Ensuring compliance

A third party's financial agent must ensure that the third party complies with subsection (1).

If a third party has no financial agent, the following individuals must ensure the third party's compliance:

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

(b) if the third party is a corporation, an officer with signing authority for the corporation,

(c) if the third party is a group, the individual who is responsible for the group.

85     REGISTRATION

(1) — When must a third party register?

A third party must register with the CEO immediately after having incurred election communication expenses totaling $500. 

Registration may take place only after an election is called.

(2) — How to register

A third party that is required to be registered must file an application with the CEO that includes the following:

1. The name and contact information of the following, and the signature of the individual indicated:

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

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

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

2. The address and telephone number of the third party's office where its records are kept, and of the office to which notices and communications under this Act may be sent.

3. The contact information of the third party's financial agent, along with the person's signed consent to act.

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

(3) — CEO to review application

Without delay after receiving an application, the CEO must determine whether the requirements of this section have been met, and must notify the person who signed the application whether the third party is registered.

If registration is refused, the CEO must give reasons.

(4) — Name of third party

A third party may not be registered under a name that the CEO believes is likely to be confused with the name of a registered party, a candidate or a registered third party.

(5) — When registration ends

The registration of a third party is valid only for the campaign period during which the application is made. But after election day, the third party continues to be subject to the requirement to file an election communication report under section 88 and to provide the CEO with any required information.

(6) — Register of third parties

The CEO must maintain, for the period that he or she considers appropriate, a register of third parties in which the information referred to in subsection (2) is recorded.

86     FINANCIAL AGENT

(1) — Appointing financial agent

A third party that is required to register under section 85 must appoint a financial agent.

If a third party's financial agent is replaced, the third party must, without delay, file the new financial agent's name and contact information with the CEO, along with the person's signed consent to act.

(2) — Deputy financial agent

A financial agent may appoint a deputy financial agent to accept contributions or incur election communication expenses, but that appointment does not limit the financial agent's duties under this Part.

As soon as possible after appointing a deputy, the financial agent must file the deputy's contact information with the CEO, along with the person's signed consent to act.

(3) — Ineligible persons

The following persons are not eligible to be a financial agent or deputy financial agent:

(a) the financial officer or other officer of a registered party,

(b) a candidate or an official agent of a candidate,

(c) an officer of a constituency association,

(d) an election officer or enumerator.

(4) — Duties of financial agent

A third party's financial agent must

(a) accept all contributions made to the third party during a campaign period,

(b) authorize every election communication expense incurred on the third party's behalf,

(c) ensure that records are kept of receipts and expenses, including contributions and election communication expenses,

(d) ensure that the election communication report is filed under section 88, and

(e) maintain the records on which a statement, report or other information filed under this Act is based

(i) for at least five years after the filing date, and

(ii) for any additional period the CEO or the commissioner considers necessary to ensure compliance with this Act, if notice is given to the person maintaining the records.

The duty to ensure that records are kept applies for the whole campaign period even if the financial agent is not appointed until after that period begins.

(5) — Account in a financial institution

If a third party incurs election communication expenses of $500 or more, its financial agent must ensure that

(a) an account in a financial institution is opened and maintained in the third party's name,

(b) all contributions received by the third party are deposited in that account,

(c) every disbursement is made from that account, and

(d) money is not deposited in that account that does not relate solely to the third party.

S.M. 2013, c. 54, s. 27.

87     CONTRIBUTION RULES

(1) — No contributions from candidates or parties

A third party must not accept a contribution from a registered party, a candidate or a constituency association.

(2) — No anonymous contributions

A third party must not use a contribution if it does not know the contributor's name and address.

(3) — Contributor to use own money or property

A person or organization must not make a contribution to a third party of money, property or services that do not belong to it or that have been given to it by another for the purpose of making the contribution.

(4) — No contributions in expectation of compensation

A person or organization must not make a contribution to a third party expecting to be reimbursed or compensated by another for all or part of the contribution.

A person or organization must not reimburse or compensate, or offer to reimburse or compensate, another for all or part of a contribution.

(5) — Third party not to accept prohibited contributions

A third party must not solicit or knowingly accept a contribution prohibited by this section.

88     REPORTING REQUIREMENTS

(1) — Election communication report

Within 90 days after election day, a third party that has incurred election communication expenses of $500 or more must file an election communication report with the CEO.

(2) — Content of the report

An election communication report must include the following:

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

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

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

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

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

(3) — Loans

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

(4) — Declaration of financial agent

An election communication report must include a signed declaration of the financial agent stating that the report is accurate.

The declaration must also be signed by the individual who signed the registration application under subsection 85(2), if that individual is not the third party's financial agent.

(5) — If financial agent does not file

If the third party's financial agent does not file an election communication report within 90 days after election day, the CEO must notify the person who signed the third party's registration application of the failure. That person must file the report within 30 days after receiving the notice.

The notice may be given personally or be mailed or delivered to the person's last known address using a service that provides the CEO with acknowledgment of receipt.

(6) — Contributions received after filing

By January 31 of each year, a third party must file a further report with the CEO if its election communication expenses exceed the total of its contributions and the amounts paid out of its own funds under clause (2)(d).

The report must indicate the following:

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

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

89     PUBLIC INFORMATION

The information provided to the CEO under sections 85 and 88 is public information.

A person may obtain a copy of any of the information by asking the CEO and paying an appropriate fee.

90     GUIDELINES

The CEO must issue guidelines to assist third parties and others in deciding whether communications are included within the definition "election communication".

91     OFFENCES

(1) — Third party exceeding limit on election communication expenses

Every person or organization who, being a third party, contravenes section 83 (election communication expense limit) is guilty of an offence and is liable on summary conviction,

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

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

(2) — Additional penalty

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

(3) — Prosecution of third parties: groups

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

(4) — Vicarious liability

For the purpose of a prosecution brought against a third party under this Act,

(a) the third party is deemed to be a person, and

(b) if the financial agent of the third party or the person who signed the third party's registration application under subsection 85(2) — or, in the absence of an application, the person who would have signed it — commits an offence under this Act or the regulations, the third party commits the same offence if the person or agent acted within the scope of their authority.


PART 13:     RESTRICTIONS ON GOVERNMENT ADVERTISING


Contents

92   Restrictions on government advertising

93   Complaint to commissioner

94   Application to court for declaration


Overview

This Part restricts government departments and Crown agencies from advertising or publishing information about their activities before an election.


92     RESTRICTIONS ON GOVERNMENT ADVERTISING

(1) — Restrictions for general elections and by-elections

During the following periods, a government department or Crown agency must not advertise or publish any information about its programs or activities:

(a) in the last 90 days before election day and on election day, in the case of a fixed date election,

(b) in the election period, in the case of a by-election or a general election that is not a fixed date election.

(2) — Exceptions

Subsection (1) does not apply to an advertisement or a publication

(a) that is required by law,

(b) that is required at that time

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

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

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

(d) that, during the election period of a by-election,

(i) is in continuation of earlier publications or advertisements and is required for ongoing programs of a government department, or

(ii) deals with a matter before the Assembly during the election period of a by-election, such as the throne speech, the budget, the introduction or passage of a bill or an order or resolution of the Assembly.

93     COMPLAINT TO COMMISSIONER

A person who believes that a government department or Crown agency has violated section 92 may file a complaint with the commissioner.

If the commissioner finds a complaint to be justified, he or she must give particulars of the violation to the CEO who must then publish them in the annual report under section 107.

94     APPLICATION TO COURT FOR DECLARATION

A person who believes that a government department or Crown agency has violated section 92 may apply to a judge of the Court of Queen's Bench for a declaration that the section has been violated.

Upon hearing an application, the court may

(a) declare or refuse to declare that section 92 has been violated, and

(b) award costs for or against any party to the hearing.

The court's decision is final and may not be appealed.


PART 14:     COMPLIANCE AND ENFORCEMENT


Contents

95   Inspections and audits by CEO

96   Advisory opinions

97   Investigations

98   Conduct of prosecutions

99   Offences

100   Penalties

101   Prosecution of offences

102   Injunctions

103   Compliance agreements

104   Effect of compliance agreements


Overview

The CEO may carry out inspections and audits to make sure that registered parties, candidates, constituency associations, leadership contestants and third parties comply with this Act.

If a registered party, candidate, constituency association or leadership contestant wishes to know in advance whether an act or omission contravenes this Act, they can ask the CEO for an advisory opinion. As long as they give the CEO all the relevant facts, they can rely on that opinion.

Offences and penalties are established for contraventions of this Act.

The commissioner appointed under The Elections Act is responsible for investigating and prosecuting alleged contraventions of this Act. The commissioner may begin a prosecution when he or she is of the opinion that an offence has been committed and that prosecution in the public interest. But in appropriate circumstances, the commissioner may issue a caution or enter into a compliance agreement with a person or organization.

The commissioner may seek a court injunction to stop someone from acting in a way that undermines the fairness of the electoral process.


95     INSPECTIONS AND AUDITS BY CEO

(1) — CEO may inspect and audit

For the purpose of ensuring compliance with this Act, the CEO or his or her representative may inspect or conduct an audit of the records of a registered party, a candidate, a constituency association, a leadership contestant or a third party that relate or may relate to material required to be filed with the CEO under this Act.

(2) — Inspection and audit powers

In carrying out an inspection or audit, the CEO or representative may, at any reasonable time,

(a) enter any place that he or she believes on reasonable grounds may contain any records of the person or organization referred to in subsection (1), and

(b) inspect and make copies of those records.

(3) — Assistance must be given

Any person found in a place referred to in subsection (2) must

(a) produce and permit copies or extracts to be made of all records required by the CEO or representative, and

(b) provide all information that the CEO or representative reasonably requires.

(4) — Inspection warrant

On application by the CEO or representative, a justice may issue a warrant authorizing the CEO or representative and any other person named in the warrant to enter and inspect any place, if the justice is satisfied there are reasonable grounds to believe that

(a) entry to the place is necessary to administer or determine compliance with this Act, and

(b) entry has been refused or will be refused.

96     ADVISORY OPINIONS ISSUED BY CEO

(1) — Who may ask for an advisory opinion?

A registered party, a candidate, a constituency association or a leadership contestant may ask the CEO for a written advisory opinion as to whether an act or omission on their part or a proposed act or omission contravenes this Act.

A request by a party or constituency association may be made by its financial officer.

A request by a candidate or a leadership contestant may be made by the candidate or contestant or by their official agent.

(2) — Written opinion

The CEO may give a written advisory opinion in response to a request, after making any inquiries he or she considers necessary.

If the CEO declines to give an advisory opinion in response to a request, he or she must give written reasons for doing so.

(3) — Deemed non-contravention

A person or organization 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 or organization disclosed all the material facts to the CEO when asking for the opinion.

(4) — CEO may revoke or amend opinion

The CEO may revoke or amend an advisory opinion, either on his or her own initiative or on receiving a request to do so from the person or organization who first asked for the opinion.

The CEO must notify the person or organization in writing if an advisory opinion is revoked or amended. Once notified, they may no longer rely on the advisory opinion in relation to any later act or omission to which the opinion would have applied.

97     INVESTIGATIONS

(1) — Investigations by commissioner

The commissioner may, on his or her own initiative or at the request of another person or organization, conduct an investigation into any matter that might be 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.

(2) — Commissioner may appoint representative

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

(3) — Information and records

The commissioner or representative may require any person or organization that, in his or her opinion, is able to give any information about a matter under investigation,

(a) to give the information to the commissioner or representative, and

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

(4) — Warrant

On application by the commissioner or representative, 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.

The warrant may be issued 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 about the commission of an offence.

(5) — Notice of investigation

Before completing an investigation, the commissioner must notify the person or organization being investigated about the nature of the matter under investigation. But notice is not required if the commissioner believes it would compromise or impede the investigation.

(6) — Notice of investigation results

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 being investigated of that decision.

If the investigation was begun at the request of another person or organization, the commissioner must also notify that person or organization of the decision.

(7) — Outcome of investigation may be made public

If the commissioner believes it is in the public interest to make public the outcome of an investigation, he or she may do so.

The commissioner may include in the information made public the name of the person or organization and the nature of the matter investigated.

98     CONDUCT OF PROSECUTIONS

(1) — Commissioner may prosecute offences

The commissioner may begin a prosecution for an offence under this Act if he or she believes on reasonable grounds that an offence has been committed and is of the view that the prosecution is in the public interest.

No one other than the commissioner may prosecute an offence under this Act.

(2) — Time limit for prosecution

The deadline for beginning 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.

(3) — Powers of commissioner

When 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.

(4) — Commissioner may issue formal caution instead

When the commissioner is of the view that prosecution is not required because an alleged offence was inadvertent or of a technical nature, the commissioner may issue a formal caution to the person or organization alleged to have committed the offence.

(5) — Caution must be published

After issuing a caution, the commissioner must publish a notice that sets out the name of the person or organization cautioned, a summary of the alleged offence and the date the caution was issued.

99     OFFENCES

(1) — Offences relating to contributions

A person or organization that contravenes any of the following provisions of Part 4 is guilty of an offence:

(a) section 33 (only Manitoba residents may contribute),

(b) section 34 (contribution limits),

(c) subsection 35(3) (contributor to use own money or property),

(d) the first paragraph of section 38 (returning contributions).

(2) — Offences relating to election expenses and annual advertising expenses

A registered party that contravenes section 51 (election expense limit) or subsection 58(1) (annual advertising limits) is guilty of an offence.

A candidate who contravenes section 52 (election expense limit) or subsection 58(2) (advertising limits during year of fixed date election) is guilty of an offence.

(3) — Offences relating to overspending by officials

Every financial officer, official agent or other officer of a registered party or candidate who, while acting on behalf of the party or candidate, is responsible for a contravention of

(a) section 51 or 52 (election expense limits), or

(b) section 58 (advertising limits during year of fixed date election),

is guilty of an offence.

(4) — Offence relating to leadership contest

If an individual who is or who intends to become a leadership contestant accepts a contribution or incurs an expense related to the leadership contest before the leadership contest period begins, he or she is guilty of an offence.

(5) — Offences relating to failure to provide information

A person or organization that,

(a) when required to do so by this Act or the regulations, fails to provide information, or to make or file a statement, report, record or other document by the deadline specified in this Act or any extension granted by the CEO, or

(b) omits to state a material fact when providing information, or in a statement, report, record or other document required under this Act or the regulations,

is guilty of an offence.

(6) — Offences relating to tax receipts

A person or organization that issues a tax receipt purporting to be for a contribution received by or on behalf of a registered party or candidate is guilty of an offence if the contribution was not made.

A person or organization that issues a tax receipt printed with a number that falsely purports to be the registration number that the CEO assigned the person or organization under this Act is guilty of an offence.

(7) — Offence relating to failure to provide records

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 they accepted, or an expense that they incurred or approved, is guilty of an offence if the contribution or expense is related to

(a) a registered party and the request was made by its financial officer,

(b) a candidate and the request was made by the candidate or his or her official agent,

(c) a leadership contestant and the request was made by the contestant or his or her official agent, or

(d) a constituency association and the request was made by its financial officer.

(8) — Offences relating to false or misleading information

A person or organization that knowingly gives false information in an application, statement, report or record filed with the CEO under this Act is guilty of an offence.

A person or organization that knowingly gives false information about a contribution or a purported contribution to a financial officer or other individual who is authorized to accept a contribution, or issue a tax receipt for a contribution, is guilty of an offence.

(9) — Offence relating to misuse of information

A person or organization that uses all or part of any 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.

(10) — Offences relating to obstruction

A person or organization that obstructs a person carrying out an audit, inquiry, investigation or examination under this Act is guilty of an offence.

A person or organization that withholds or destroys any written material or thing relevant to an audit, inquiry, investigation or examination under this Act is guilty of an offence.

(11) — Offences relating to using force and intimidation

A person who, directly or indirectly, uses or threatens to use force or violence, or threatens to inflict injury, damage, harm or loss upon another person, to induce or compel the other person to make or not make a contribution is guilty of an offence.

(12) — Other contraventions

A person or organization that contravenes a provision of this Act, except section 92, not mentioned in this section is guilty of an offence.

100     PENALTIES

(1) — Penalties for specified offences

A person or organization listed in Column 1 of the following table that commits an offence under a provision listed opposite in Column 2 is liable on summary conviction to the fine listed opposite in Column 3.

Column 1
Entity
Column 2
Provision
Column 3
A fine of not more than
An organization or corporation s. 99(1) $50,000
An individual $5,000
A registered party s. 99(2) $50,000
A candidate $5,000
A registered party s. 99(5) $50,000
Any other person or organization $5,000
A registered party Any other provision $25,000
Any other person or organization $5,000

(2) — Additional penalty

In addition to the penalty under subsection (1), a person or organization that commits an offence under subsection 99(1) (contributions) is liable to a fine of up to twice the value of any prohibited contribution.

In addition to the penalty under subsection (1), a registered party or candidate who commits an offence under subsection 99(2) (election expenses) is liable to a fine of up to twice the amount by which the party or candidate exceeded the expense limit in question.

(3) — Exception if penalty provided elsewhere in this Act

Subsection (1) does not apply to section 91 (third party exceeding spending limits).

101     PROSECUTION OF OFFENCES

(1) — Status of organization in prosecution

A prosecution for an offence under this Act or the regulations may be brought against an organization in its own name, and the organization is deemed to be a person for the purposes of the prosecution.

(2) — Vicarious responsibility

If the financial officer or deputy financial officer of a party — or the official agent or deputy official agent of a candidate or leadership contestant — commits an offence under this Act or the regulations, the party, candidate or contestant commits the same offence if the officer or agent

(a) acted within the scope of his or her authority to act on behalf of the party, candidate or leadership contestant, or

(b) acted with the knowledge and consent of the party, candidate or leadership contestant.

102     INJUNCTIONS

(1) — Commissioner may apply for injunction

During an election period, the commissioner may apply to the court for an injunction described in subsection (2) if he or she 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.

In deciding whether to apply for an injunction, the commissioner must take into account the nature and seriousness of the act or omission, the need to ensure fairness of the electoral process and the public interest.

(2) — When injunction may be granted

After considering an application, the court may grant an injunction ordering a person or organization to refrain from committing an act that is contrary to this Act, or to do anything required by this Act, or both, if the court is satisfied that

(a) there are reasonable grounds to believe that a person or organization has committed or will commit an act or omission that is contrary to this Act, and

(b) the nature and seriousness of the act or omission, the need to ensure the fairness of the electoral process, and the public interest justify granting the injunction.

(3) — Notice

An injunction may be issued only if at least 48 hours' notice is given to each person or organization named in the application, or if the urgency of the situation is such that service of notice would not be in the public interest.

(4) — Third parties included

In this section, "person" includes a third party as defined in Part 12.

103     COMPLIANCE AGREEMENTS

(1) — Entering into compliance agreement

To ensure compliance with this Act, the commissioner may enter into a compliance agreement with a person or organization that the commissioner believes on reasonable grounds has committed, or is likely to commit, an act or omission that could be an offence under this Act.

(2) — Terms and conditions

The agreement may contain any terms and conditions the commissioner considers necessary to ensure compliance with this Act.

(3) — Agreement to be published

Before entering into the agreement, the commissioner must obtain the person's or organization's consent to publish a notice of the agreement.

After entering into the agreement, the commissioner must publish a notice that sets out the name of the person or organization, the act or omission in question and a summary of the agreement.

(4) — Admission of responsibility

The agreement may include an admission of responsibility by the person or organization for the act or omission in question.

(5) — Inadmissible in evidence

The fact that the agreement was entered into, and any admission of responsibility, is not admissible in evidence against the person or organization in any civil or criminal proceedings.

(6) — Prosecution suspended

When a compliance agreement is entered into, any prosecution of the person or organization for an act or omission that led to the agreement is suspended and, except where the commissioner has given notice under subsection 104(3), the commissioner may not bring or resume such a prosecution.

(7) — Renegotiation

The commissioner and the person or organization may renegotiate the terms of a compliance agreement at any time before it is fully carried out.

104     EFFECT OF COMPLIANCE AGREEMENT

(1) — If agreement complied with

If the commissioner is of the opinion that a compliance agreement has been complied with, the commissioner must give a notice to that effect to the person or organization affected.

(2) — No further action if agreement complied with

When the commissioner gives a notice under subsection (1), any prosecution of the person or organization that is based on the act or omission in question is terminated, and the commissioner is prevented from bringing a prosecution based on that act or omission.

(3) — Notice of failure to comply

The commissioner must notify the person or organization if he or she is of the opinion that they

(a) failed to disclose all the material facts when the compliance agreement was entered into, or

(b) have failed to comply with a compliance agreement.

The notice may be given personally or be mailed or delivered to the last known address of the person or organization using a service that provides the commissioner with acknowledgment of receipt.

(4) — Content of notice

The notice under subsection (3) must inform the person or organization

(a) that a prosecution may be brought against them in respect of the original act or omission, or

(b) if such a prosecution has been brought and suspended by virtue of subsection 103(6), that those proceedings may be resumed.

(5) — Time limit for beginning prosecution

A prosecution brought because of a failure by a person or organization described in subsection (3) is not subject to the time limit for beginning a prosecution under subsection 98(2). But such a prosecution must be brought not later than five years after the day on which the commissioner became aware of the facts giving rise to the prosecution.

(6) — Dismissal of proceedings

A justice must dismiss proceedings against a person or organization if the justice is satisfied on a balance of probabilities that they disclosed all the material facts when entering into the compliance agreement, and the justice

(a) is satisfied that they have fully complied with the compliance agreement, or

(b) in the case of partial compliance, is of the opinion that the proceedings would be unfair.

In determining if the proceedings would be unfair, the justice must take into account the degree to which the person or organization performed their obligations under the agreement.


PART 15:     ADMINISTRATION OF THIS ACT


Contents

105   Advisory committee

106   CEO's decisions may be appealed to court

107   Annual report

108   Public notice requirements

109   Regulations

110   Forms

111   Protection from liability

112   Records relating to administering this Act

113   Expenses paid out of the Consolidated Fund

114   Overviews and information notes


Overview

An advisory committee is established to assist the CEO in administering this Act.

A right to appeal is given to persons affected by decisions made by the CEO under this Act.

Other matters of an administrative nature, including the power to make regulations, are provided for.


105     ADVISORY COMMITTEE

An advisory committee is established consisting of one representative appointed by each registered party. The leader of a registered party is to advise the CEO of the name and contact information of the party's representative.

The CEO must call meetings of the advisory committee from time to time to ask for the committee's advice about the proper administration of this Act.

The advisory committee's advice is not binding on the CEO.

S.M. 2014, c. 32, s. 8.

106     CEO'S DECISIONS MAY BE APPEALED TO COURT

(1) — Appealing a decision or action of the CEO

A person or organization directly affected by a decision or action of the CEO under this Act or the regulations may appeal the decision or action to the court.

An application to appeal must be filed in the court within 30 days after the date the action was taken or the decision made.

An organization is deemed to be a person for the purpose of making an appeal.

(2) — Powers of court on appeal

After hearing an appeal, the court may confirm the decision or action of the CEO , or may quash or vary it in any way the court considers appropriate. The court may also award costs.

107     ANNUAL REPORT OF CEO

(1) — Annual report

The CEO must make an annual report to the Speaker of the Assembly on the administration of this Act. The Speaker must table a copy of the report in the Assembly within 15 days after receiving it if the Assembly is sitting or, if it is not, within 15 days after the next sitting begins.

An annual report under this Act may be combined with a report under subsection 32(1) of The Elections Act.

(2) — Recommendations about amendments

The annual report may include recommendations about amendments to this Act, particularly recommendation about the appropriateness of

(a) limits on election expenses under Part 7, and

(b) reimbursement payable to registered parties and to candidates under Part 10.

(3) — Role of Standing Committee

If the annual report includes recommendations about amendments, the report stands referred to the Standing Committee of the Assembly on Legislative Affairs for consideration of those recommendations.

The Committee must begin considering the recommendations within 60 days after the report is tabled in the Assembly.

108     PUBLIC NOTICE REQUIREMENTS

When this Act requires public notice to be given or information to be published by the CEO, the notice or other information must be published on the Elections Manitoba website. It may also be published in any other form the CEO considers appropriate.

Public notices given by the commissioner must be published on a website maintained by the commissioner, and may also be published in any other form the commissioner considers appropriate.

109     REGULATIONS

The CEO may make regulations

(a) prescribing forms and their contents for use under this Act and providing for their use,

(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 registered parties, candidates, leadership contestants and third parties,

(d) prescribing anything that is referred to in this Act as being prescribed.

110     FORMS

When a form is prescribed for a statement, report, record or other information required to be filed under this Act, the person or organization required to file must do so in the prescribed form.

111     PROTECTION FROM LIABILITY

No action or proceeding may be brought against the CEO, the commissioner or any other person acting under the authority of, or engaged in the administration or enforcement of, this Act or the regulations

(a) 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 the regulations, or

(b) for any neglect or default in the performance or intended performance or in the exercise or intended exercise in good faith of a duty or power under this Act or the regulations.

112     RECORDS RELATING TO ADMINISTERING THIS ACT

Despite 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 CEO.

In this section,"record" means any kind of recorded information regardless of its physical form or characteristics.

113     EXPENSES PAID OUT OF THE CONSOLIDATED FUND

The following expenses are to be paid from the Consolidated Fund without further appropriation:

(a) all expenses required to be paid under this Act as a consequence of an election including, on the certificate of the CEO, any remuneration and expenses relating to the commissioner,

(b) auditors' fees under Part 3,

(c) reimbursement under Part 10,

(d) annual allowances under Part 11.

114   OVERVIEWS AND INFORMATION NOTES

The overviews and information notes are included as aids to the reader and do not form part of this Act.


PART 16:     DICTIONARY OF DEFINED TERMS

115     DEFINITIONS

The following definitions apply in this Act.

"advertising" means advertising that promotes or opposes (directly or indirectly) a registered party or a candidate or leadership contestant

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

(b) on radio or television, or

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

It includes direct production costs.

It does not include publishing a commentary, letter to the editor or a similar expression of opinion of a kind normally published without charge in a newspaper or other periodical publication or on the Internet, or normally broadcast without charge on television or radio. (« publicité »)

"annual advertising expenses" means the advertising expenses incurred by a registered party or candidate that are subject to the limits established in section 58. (« dépenses de publicité annuelles »)

"by-election" means an election other than one conducted as part of a general election. (« élection partielle »)

"campaign period" means the period starting on the day an election is called and ending two months after election day. (« période de campagne »)

"candidacy period" means the period

(a) starting on the day a person becomes a candidate under subsection 18(1), and

(b) ending two months after election day or, if the candidate withdraws, on the day of the withdrawal. (« période de candidature »)

"candidate" means a person who becomes a candidate under subsection 18(1). (« candidat »)

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

"commissioner" means the commissioner appointed under The Elections Act. (« commissaire »)

"constituency association" means an association or group that, in relation to a registered party,

(a) is recognized by the party as its official association in an electoral division, or

(b) holds itself out as the official association of the party in an electoral division. (« association de circonscription »)

"contact information" means, in relation to a person, the person's mailing address, residential address, e-mail address and telephone number. (« coordonnées »)

"contribution" means a contribution within the meaning of section 32. (« don »)

"court" means the Court of Queen's Bench. (« tribunal »)

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

"election" means an election of a person to serve as a member of the Assembly. (« élection »)

"election day" has the same meaning as election day under The Elections Act. (« jour du scrutin »)

"election expense" means an election expense within the meaning of Part 7. (« dépense électorale »)

"election period" means the period starting on the day an election is called and ending on election day. (« période électorale »)

"endorsed" means, in relation to a candidate, a candidate who has consented to being endorsed by a political party under section 55 of The Elections Act and whose name is on the party's endorsement list filed under subsection 58(1) of that Act. (« appuyé »)

"expense" means an expense paid or outstanding. (« dépense »)

"file" means to file in writing. (« déposer »)

"final voters lists" means all the voters lists for all the voting areas in the electoral division as finally revised, including all voters added to the lists before the end of election day. (« liste électorale définitive »)

"financial institution" means a bank, credit union or 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 »)

"financial officer" means, in relation to a registered party, the person shown in the CEO's register as the party's financial officer. (« agent 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 »)

"fundraising event" means a social function or other event held for the purpose of raising money for a registered party, a candidate, a constituency association or a leadership contestant by whom or for whom the function is held. (« activité de financement »)

"general election" means the simultaneous holding of elections in all electoral divisions. (« élections générales »)

"leadership contest" means any procedure by which a registered party selects a leader. (« campagne à la direction d'un parti »)

"leadership contest period" means the period

(a) starting when a leadership contest is officially called, as set out in a statement filed by a registered party under subsection 21(3), and

(b) ending two months after the day the leadership is determined or, if the contestant withdraws, on the day of the withdrawal. (« période de campagne à la direction »)

"leadership contestant" means a person seeking the leadership of a registered party at a leadership contest called by the party for that purpose.

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

"official agent" means,

(a) in relation to a candidate, the official agent appointed in the candidate's nomination papers, or a replacement appointed under section 62 of The Elections Act, and

(b) in relation to a leadership contestant, the person appointed as the contestant's official agent under section 24. (« agent officiel »)

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

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

"prescribed" means prescribed by the regulations.

"promotional material" means posters, leaflets, letters, cards, signs and banners (including lumber and other structural supports for signs and banners) and any similar printed material, the purpose of which is to support or oppose (directly or indirectly) a registered party or a candidate.

It includes direct production costs and mailing and other distribution costs.

It does not include material distributed to party members or distributed at a conference, convention or meeting held by the party or by a candidate, leadership contestant or constituency association of the party. (« matériel publicitaire »)

"reasonable", in relation to personal expenses incurred by a candidate, or the expenses that a candidate incurs for child care or because of a disability of the candidate, means expenses that are over and above expenses the candidate normally incurs for those reasons. (« raisonnable »)

"registered", in respect of a candidate or a political party, means registered under Part 2. (« 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 in respect of a contribution made to a registered party or a registered candidate. (« reçu fiscal »)

"third party" means a third party as defined in Part 12. (« tiers »)

"trade union" means any organization of employees formed for purposes that include the regulation of relations between employers and employees, and includes a properly organized group or federation of such organizations and may consist of only one employee. (« syndicat »)

"transfer" means a transfer of money, property or services among registered parties, candidates, constituency associations and leadership contestants, without compensation from the entity or person receiving the transfer. (« transfert »)

"volunteer labour" means a service provided free of charge by an individual outside their working hours, but does not include a service provided by a self-employed individual if the service is one the individual normally charges for. (« travail bénévole »)

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

S.M. 2014, c. 32, s. 8.


PART 17:     COMMENCEMENT AND OTHER MATTERS


Contents

116   Registration of parties continued

117   Amendments to this Act

118   Consequential amendments, C.C.S.M. c. E30

119   Consequential amendment, C.C.S.M. c. I10

120   Consequential amendment, C.C.S.M. c. M225

121   Repeal

122   C.C.S.M. reference

123   Coming into force


116     REGISTRATION OF PARTIES CONTINUED

A political party that is registered under The Elections Finances Act, C.C.S.M. c. E32, on the day this Act comes into force is deemed to be registered under this Act.

117     AMENDMENTS TO THIS ACT

An amendment to this Act may not come into force within three months of the day that the amendment receives royal assent.

118-20     Consequential amendments

NOTE: These sections contained consequential amendments to other Acts that are now included in those Acts.

121     REPEAL

Sections 70.2 to 70.4 of The Elections Finances Act, R.S.M. 1987, c. E32, are repealed on the day this Act receives royal assent.

The remaining provisions of that Act are repealed on a day or days to be fixed by proclamation.

122     C.C.S.M. REFERENCE

This Act may be referred to as chapter E27 of the Continuing Consolidation of the Statutes of Manitoba.

123     COMING INTO FORCE

Part 11 and section 121 come into force on the day this Act receives royal assent.

The remaining provisions of this Act come into force on a day or days to be fixed by proclamation.


NOTE: S.M. 2012, c. 35, Schedule A, except Part 11 and section 121, came into force by proclamation on February 21, 2013.

 

 


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