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C.C.S.M. c. E32
The Elections Finances Act
| Table of Contents | Regulations |
HER MAJESTY, by and with the advice and consent of the Legislative Assembly of Manitoba, enacts as follows:
1 In this Act
"advertising expenses" means money spent or liabilities incurred, and the value of donations in kind accepted, for advertising
(a) in newspapers, magazines or other periodicals, or on the Internet,
(b) on radio or television, and
(c) on billboards, buses or other property normally used for commercial advertising,
including direct production expenses; (« dépenses de publicité »)
"by-election" means an election other than a general election; (« élection partielle »)
"campaign period" means the period commencing on the date of issue of a writ or writs for an election and ending 2 months after polling day for that election; (« période de campagne électorale »)
"candidacy period" means, subject to subsection 10(3.2), the period commencing on the date on which a person becomes a candidate in an election under this Act and ending 2 months after polling day for that election; (« période de candidature »)
"candidate" means a person who
(a) is nominated by a registered political party or a constituency association of a registered political party as its candidate in the next election in an electoral division, or
(b) not being endorsed by a registered political party or a constituency association of a registered political party, files a notice of intent under subsection 10(3.1) to be a candidate in the next election,
and includes a person nominated as a candidate in accordance with The Elections Act; (« candidat »)
"Chief Electoral Officer" means the Chief Electoral Officer appointed under The Elections Act; (« directeur général des élections »)
"chief financial officer" means the person shown in the registers or records of the Chief Electoral Officer as the chief financial officer of a registered political party; (« agent financier »)
"constituency association" means an association or organization
(a) which is recognized by a registered political party as the official association of that registered political party in any electoral division, or
(b) which holds itself out as the official association of a registered political party in any electoral division; (« association de circonscription »)
"contribution", except in sections 55.1 to 55.11 (third party spending), means any of the following paid or provided, without compensation, to or for the benefit of a candidate, leadership contestant, constituency association or registered political party:
(a) money, including membership fees paid to a registered political party, but not including
(i) fees covering the reasonable expenses of conferences and conventions of a registered political party, including leadership conventions, or
(ii) payments received by a person running as a candidate or leadership contestant by way of a paid leave of absence under a collective agreement or other employment agreement,
(b) a donation in kind,
(c) the portion of a charge determined to be a contribution under section 38 (fundraising functions),
(d) the portion of sale proceeds determined to be a contribution under section 38.1 (selling items); (« contribution »)
"Crown agency" means Crown agency as defined in The Legislative Assembly Act; (« organisme de la Couronne »)
"Deputy Chief Electoral Officer" means the Deputy Chief Electoral Officer appointed for purposes of The Elections Act; (« directeur général adjoint des élections »)
"donation in kind" means goods and services that are provided without compensation to or for the benefit of a candidate, leadership contestant, constituency association or registered political party, including services provided by a self-employed individual who normally sells or otherwise charges for them, but not including
(a) services provided without compensation by an individual outside his or her working hours, unless he or she is self-employed and normally sells or otherwise charges for them, or
(b) the services of a person who acts without compensation as an auditor, a chief financial officer, an official agent or legal counsel to a candidate, leadership contestant or a registered political party; (« don en nature »)
"election" means
(a) a by-election to elect a person as a member of the Assembly, or
(b) a general election to elect persons as members of the Assembly; (« élection »)
"election expenses" means
(a) money spent or liabilities incurred, and
(b) the value of donations in kind accepted,
before or during an election period in respect of goods or services used during the election period to support or oppose, directly or indirectly, a candidate or registered political party in the election, and without restricting the generality of the foregoing, includes money spent or liabilities incurred, and the value of donations in kind accepted, prior to or during an election period in respect of
(c) advertising,
(d) the services of any person who is compensated for acting as official agent, organizer, manager, office worker or other campaign worker,
(e) the services of any person to run as a candidate, except by way of paid leave of absence under a collective agreement or other employment agreement,
(f) transportation, accommodation and food and refreshment for candidates, campaign workers and leaders of registered political parties,
(g) reasonable personal expenses incurred by a candidate in an election period to enable the candidate to campaign in an election,
(h) rental or purchase of office space, including office equipment and supplies and costs of utilities such as telephones, hydro service, and heating,
(i) hall rental and other meeting space,
(j) posters, leaflets, pamphlets, letters, cards and other promotional material,
(k) signs and banners,
(l) lumber and other structural supports for signs and banners,
(m) mailing or other distribution of election materials,
(n) a reasonable portion of the cost of capital assets,
(o) the value of direct costs to make or acquire an inventory of goods,
(p) fundraising functions, and
(q) goods which were acquired in a previous election but not used,
(q.1) costs for polling, including the costs of design and analysis;
but does not include money spent or liabilities incurred, and the value of donations in kind accepted, in respect of
(r) a leadership contest or any conference or convention of a registered political party,
(s) meetings to nominate candidates for an election,
(t) reasonable expenses incurred in the operation of any permanent office of a registered political party, including salaries and wages paid to permanent staff members working in the office during the election period,
(u) auditor's fees,
(v) any recount for an election in an electoral division,
(w) a commentary, letter to the editor or similar expression of opinion of a kind normally published without charge in a newspaper, magazine or other periodical publication or on the Internet, or normally broadcast without charge on radio or television,
(x) repealed, S.M. 2000, c. 9, s. 2,
(y) reasonable expenses incurred by a disabled candidate in relation to a candidate's disability to enable the candidate to campaign in an election period,
(y.1) reasonable child care expenses incurred by a candidate to enable the candidate to campaign in an election period,
(z) a service provided without compensation by a person outside the person's working hours, other than a service provided by a self-employed person if the service is normally sold or otherwise charged for by that person,
(aa) the services of any person who acts without compensation as an auditor, a chief financial officer, an official agent or a legal counsel to a candidate or registered political party, and
(bb) goods or services used after 8 p.m. on polling day including goods and services used after 8 p.m. on polling day for social functions and for communicating with voters and campaign workers; (« dépenses électorales »)
"election period" means the period commencing on the date of issue of a writ or writs for an election and ending on polling day for that election; (« période électorale »)
"final voters lists"means all the voters lists for all the polling subdivisions in the electoral division as finally revised including all voters added to the voters lists before the end of the day on polling day; (« liste électorale définitive »)
"financial institution" means
(a) a bank, or
(b) a credit union, or
(c) a trust company or loan company authorized under the law to accept money for deposit and carrying deposit insurance in accordance with the Canada Deposit Insurance Corporation Act; (« établissement financier »)
"fund raising function" means any social function held for the purpose of raising money for the candidate, leadership contestant, constituency association or registered political party by whom or on whose behalf the function is held; (« activité de financement »)
"general election" means an election in respect of which election writs are issued for elections in all electoral divisions; (« élections générales »)
"leadership contest" means any procedure by which a registered political party selects a leader; (« campagne visant la désignation du chef d'un parti »)
"leadership contest period" means the period beginning on the date of the official call of a leadership contest, as set out in a statement filed by a registered political party under section 31.1, and ending two months after the date of the leadership vote; (« période de campagne visant la désignation du chef d'un parti »)
"leadership contestant" means a person seeking the leadership of a registered political party at a leadership contest called by that party for the purpose; (« candidat à la direction d'un parti »)
"market value" in relation to goods or services means the lowest price generally charged by the supplier for an equivalent amount of the same goods or services at or about the time and in the market area in which the goods or services are supplied; (« valeur marchande »)
"official agent"
(a) of a candidate, means the person appointed as the official agent in the candidate's nomination papers, or subsequently appointed by the candidate as a replacement by notice in writing to the Chief Electoral Officer, and
(b) of a leadership contestant, means the person appointed as the contestant's official agent in accordance with section 10; (« agent officiel »)
"organization" includes a political party, a constituency association, a trade union, a partnership and an unincorporated association, but does not include a corporation; (« organisation »)
"political party" means an association, organization or affiliation of voters comprising a political organization one of the purposes of which is to nominate and support candidates at elections; (« parti politique »)
"polling" means opinion surveys and market research; (« sondage »)
"polling day" has the same meaning as election day under section 1 of The Elections Act; (« jour du scrutin »)
"prescribed" means prescribed by the regulations; (« prescrit »)
"registered candidate" means a candidate registered under section 25; (« candidat inscrit »)
"registered political party" means a political party registered under section 12; (« parti politique inscrit »)
"returning officer" means a returning officer appointed under The Elections Act; (« directeur du scrutin »)
"tax receipt" means a receipt issued for income tax purposes; (« reçu pour fins d'impôt »)
"third party" has the same meaning as in section 55.1; (« tiers »)
"trade union" means any organization of employees formed for purposes which include the regulation of relations between employers and employees, and includes a duly organized group or federation of such organizations; and for the purpose of this clause an organization may be composed of only one employee; (« syndicat »)
"transfer" means money, goods or services provided among registered political parties, constituency associations, endorsed candidates and leadership contestants, without compensation from the entity or person that receives the money, goods or services, and includes the market value of goods provided from a previous election; (« transfert »)
"year" means calendar year. (« année »)
S.M. 1998, c. 5, s. 2; S.M. 2000, c. 9, s. 2; S.M. 2002, c. 43, s. 2; S.M. 2002, c. 59, s. 2; S.M. 2006, c. 15, Sch. A, s. 204 and Sch. B, s. 2.
Interpretation: reasonable expenses
1.1 In this Act, a reference to
(a) reasonable personal or child care expenses incurred by a candidate; or
(b) reasonable expenses incurred by a candidate because of his or her disability;
means only those reasonable expenses that are over and above the expenses normally incurred by the candidate.
S.M. 2006, c. 15, Sch. B, s. 3.
2 For purposes of this Act, a candidate is endorsed by a political party where
(a) the candidate consents to the endorsement in accordance with section 55 of The Elections Act; and
(b) the candidate's name appears on the endorsement list filed by the political party under subsection 58(1) of The Elections Act.
S.M. 2006, c. 15, Sch. A, s. 204.
CHIEF ELECTORAL OFFICER
3 This Act shall be administered by the Chief Electoral Officer.
4(1) There is hereby established an advisory committee composed of one representative appointed by each registered political party.
4(1.1) The leader of a registered political party shall advise the Chief Electoral Officer of the name and address of his or her party's advisory committee representative.
4(2) The Chief Electoral Officer may from time to time call meetings of the advisory committee for the purpose of seeking the advice of the committee on the proper administration of this Act.
4(3) No decision or recommendation of the advisory committee is binding on the Chief Electoral Officer, and the Chief Electoral Officer may at all times make such decisions or take such actions as the Chief Electoral Officer sees fit for the proper administration of this Act.
5 The Deputy Chief Electoral Officer shall assist the Chief Electoral Officer in administering this Act, but where
(a) the Chief Electoral Officer is, by reason of absence, incapacity or any other cause, unable to act; or
(b) the office of Chief Electoral Officer is vacant;
the Deputy Chief Electoral Officer shall administer the Act.
Powers, duties, and functions of Chief Electoral Officer
6 In addition to any other powers, duties, and functions of the Chief Electoral Officer under this or any other Act of the Legislature, the Chief Electoral Officer
(a) shall maintain registers of
(i) registered political parties,
(ii) registered candidates for each by-election and for each general election, and
(iii) leadership contestants;
(b) shall maintain, or cause to be maintained, records of
(i) unregistered candidates for each by-election and for each general election,
(ii) chief financial officers of registered political parties and deputies authorized to act for chief financial officers of registered political parties, and
(iii) official agents of candidates and leadership contestants, and deputies authorized to act for official agents of candidates;
(c) shall assist, or cause to be assisted, candidates and leadership contestants and their official agents and registered political parties and their chief financial officers in preparing statements and returns required under this Act and otherwise in complying with this Act;
(d) shall examine, or cause to be examined, all statements, returns and other information filed with the Chief Electoral Officer;
(e) where required by this Act, shall prescribe forms and the contents thereof for use under this Act and provide for their use;
(f) may prescribe other forms and the contents thereof for use under this Act and provide for their use;
(g) may prepare, print and distribute, or cause to be prepared, printed and distributed, forms for use under this Act; and
(h) may prepare and distribute, or cause to be prepared and distributed, guidelines for candidates, leadership contestants, official agents, registered political parties, chief financial officers and their auditors, and third parties and their financial agents;
(h.1) may prepare and distribute guidelines for determining whether an individual is normally resident in Manitoba;
(i) repealed, S.M. 2006, c. 15, Sch. B, s. 4.
S.M. 1998, c. 5, s. 5; S.M. 2000, c. 9, s. 3; S.M. 2002, c. 43, s. 3; S.M. 2006, c. 15, Sch. B, s. 4.
Delegation by Chief Electoral Officer
6.1 The Chief Electoral Officer may delegate in writing to any person on his or her staff authority to exercise any power and perform any duty assigned to the Chief Electoral Officer by this Act.
S.M. 1998, c. 5, s. 6; S.M. 2006, c. 15, Sch. B, s. 5.
6.2 No proceeding shall be instituted against the Chief Electoral Officer, the commissioner, or any person appointed or employed by the Chief Electoral Officer or the commissioner, for any act done in good faith in the performance or intended performance of a duty or in the exercise or intended exercise of a power under this Act, or for any neglect or default in the performance or exercise in good faith of the duty or power.
S.M. 1998, c. 5, s. 6; S.M. 2006, c. 15, Sch. B, s. 6.
CHIEF FINANCIAL OFFICERS, OFFICIAL AGENTS AND THEIR DEPUTIES
Appointment of chief financial officer
7(1) Every registered political party shall appoint a chief financial officer.
Replacement of chief financial officer
7(2) Where a chief financial officer appointed under subsection (1) ceases for any reason to hold that office, the registered political party shall forthwith appoint a new chief financial officer.
Notice of appointment to Chief Electoral Officer
7(3) On the appointment of a chief financial officer by a registered political party, the leader of the registered political party shall forthwith notify the Chief Electoral Officer in writing of the name and address of the chief financial officer, and shall file with the Chief Electoral Officer the chief financial officer's written consent to act in that capacity.
Appointment of deputy financial officers and official agents
8(1) Subject to section 8.1, the chief financial officer of a registered political party and the official agent of a registered candidate may appoint persons to be deputies to act in the issuing of tax receipts for contributions received by or on behalf of the registered political party or registered candidate, as the case may be.
Notice of appointment to Chief Electoral Officer
8(2) On appointing a deputy under subsection (1), the chief financial officer or official agent, as the case may be, shall immediately notify the Chief Electoral Officer in writing of the deputy's name and address and file with the Chief Electoral Officer the deputy's written consent to act in that capacity.
Candidate or leadership contestant not eligible to act as chief financial officer
8.1(1) No candidate or leadership contestant is eligible to act as a chief financial officer or deputy chief financial officer.
Candidate not eligible to act as official agent
8.1(2) No candidate is eligible to act as his or her own official agent or deputy official agent, or as the official agent or deputy official agent of another candidate, or as the official agent of a leadership contestant.
Leadership contestant not eligible to act as official agent
8.1(3) No leadership contestant is eligible to act as his or her own official agent or as the official agent or deputy official agent of a candidate.
S.M. 1998, c. 5, s. 10; S.M. 2002, c. 43, s. 4.
9 The Chief Electoral Officer shall record any information provided under sections 7 or 8.
Responsibilities of party's chief financial officer
10(1) In addition to the other powers, duties, and functions of a chief financial officer of a registered political party set out under this Act and the regulations, the chief financial officer of a registered political party is responsible for ensuring that
(a) accounts are maintained in a financial institution in the name of the registered political party;
(b) records are kept of receipts, including contributions and other income;
(b.1) at the time the statement under section 59 is filed, records of contributions are filed with the Chief Electoral Officer that include the name and address of each contributor and the value of the contributions during the year;
(c) tax receipts are issued;
(d) records are kept of all expenses, including election expenses and annual advertising expenses under section 54.1;
(e) records are kept of transfers received and disbursed;
(f) records are kept of all assets and liabilities; and
(g) financial statements and returns and other information, in prescribed form, are filed with the Chief Electoral Officer;
by or on behalf of the registered political party in accordance with this Act.
Financial officers of constituency associations
10(2) Within 30 days of a request therefor by the Chief Electoral Officer, the chief financial officer of a registered political party shall provide the Chief Electoral Officer with a list showing the name and address of the person responsible for the finances of each constituency association of the registered political party; and where at any subsequent time there is any change in the particulars disclosed in the list, the chief financial officer of the registered political party shall in writing notify the Chief Electoral Officer of the change within five days of the change.
Accounts of constituency associations
10(2.1) The person responsible for the finances of a constituency association is responsible for ensuring that
(a) accounts are maintained in a financial institution in the name of the constituency association;
(b) records are kept of all income, including contributions and transfers; and
(c) within 30 days after the end of every year, records of contributions are filed with the Chief Electoral Officer that include the name and address of each contributor and the value of the contributions during the year.
10(3) As soon as reasonably practicable after a candidate is nominated by a registered political party or a constituency association, the chief financial officer of the registered political party must give the Chief Electoral Officer written notice of
(a) the name of the candidate;
(b) the relevant electoral division; and
(c) the date of the nomination.
Notice of intent of unendorsed candidate
10(3.1) As soon as reasonably practicable after declaring himself or herself as a candidate in the next election, a candidate who is not endorsed by a registered political party or a constituency association must file with the Chief Electoral Officer written notice of
(a) the electoral division in which the person intends to be a candidate; and
(b) the date when the candidacy began.
Beginning of candidacy period for unendorsed candidate
10(3.2) The candidacy period of a candidate who is not endorsed by a registered political party or a constituency association is deemed to commence on the date specified in the notice under clause (3.1)(b).
Notice of intent to appoint official agent
10(3.3) Every candidate must give the Chief Electoral Officer written notice of the person the candidate intends to appoint as his or her official agent. The notice must be given within 15 days after the candidate
(a) is nominated by a registered political party or a constituency association; or
(b) declares that he or she will be a candidate in the next election in an electoral division.
10(3.4) A notice under subsection (3.3) must include the name, address and telephone number of the person who is to be appointed as the official agent of the candidate, and a statement, signed by the person, consenting to act in that capacity.
Elections Act filing supercedes
10(3.5) Subsection (3.3) does not apply if, within 15 days after becoming a candidate under this Act, the candidate is nominated in accordance with The Elections Act.
Responsibilities of candidate's official agent
10(4) In addition to the other powers, duties and functions of an official agent under this Act and the regulations, the official agent of a candidate is responsible for ensuring that
(a) accounts are maintained in a financial institution in the name of the candidate;
(b) records are kept of receipts, including contributions and other income;
(b.1) at the time the statement under section 61 is filed, records of contributions are filed with the Chief Electoral Officer that include the name and address of each contributor and the value of the contributions during the candidacy period;
(c) if the candidate is registered, tax receipts are issued;
(d) records are kept of all expenses, including election expenses;
(e) records are kept of transfers received and disbursed;
(f) records are kept of all assets and liabilities; and
(g) financial statements and returns and other information, in prescribed form, are filed with the Chief Electoral Officer;
by or on behalf of the candidate in accordance with this Act.
Responsibility throughout entire candidacy period
10(5) The responsibilities referred to in subsection (4) apply to the entire candidacy period of the candidate, regardless of whether the official agent is appointed at or subsequent to the commencement of the candidacy period.
Official agent for leadership contestant
10(6) Immediately on becoming a leadership contestant, every contestant shall appoint an official agent, and shall provide to the Chief Electoral Officer, in the prescribed form, the official agent's name, address, telephone number and the official agent's signed consent to act in that capacity.
10(7) If a leadership contestant's official agent ceases to hold office for any reason, the contestant shall immediately notify the Chief Electoral Officer of the new official agent in accordance with subsection (6).
Responsibilities of leadership contestant's official agent
10(8) In addition to the other powers, duties and functions of an official agent under this Act and the regulations, the official agent of a leadership contestant is responsible for ensuring that
(a) accounts are maintained in a financial institution in the name of the contestant;
(b) records are kept of receipts, including contributions and other income;
(c) at the time the statement under section 61.1 is filed, records of contributions are filed with the Chief Electoral Officer that include the name and address of each contributor and the value of the contributions during the leadership contest period;
(d) records are kept of all expenses;
(e) records are kept of all assets and liabilities; and
(f) financial statements and returns and other information, in prescribed form, are filed with the Chief Electoral Officer;
by or on behalf of the contestant in accordance with this Act.
S.M. 1998, c. 5, s. 11; S.M. 2000, c. 9, s. 4; S.M. 2002, c. 43, s. 5; S.M. 2006, c. 15, Sch. B, s. 7.
10.1(1) A person required to maintain an account under section 10 shall
(a) deposit in that account all money provided to the registered political party, constituency association, candidate or leadership contestant, as the case may be; and
(b) make all disbursements from that account, including transfers.
10.1(2) A person who makes a disbursement out of an account described in section 10 shall ensure that every disbursement is substantiated by an invoice or voucher as proof of payment.
10.1(3) No person shall deposit in an account described in section 10 any money other than,
(a) in the case of an account in the name of a registered political party, money relating solely to the political party;
(b) in the case of an account in the name of a constituency association, money relating solely to the constituency association;
(c) in the case of an account in the name of a candidate, money relating solely to the candidate; and
(d) in the case of an account in the name of a leadership contestant, money relating solely to the leadership contestant.
S.M. 1998, c. 5, s. 12; S.M. 2002, c. 43, s. 6.
AUDITORS
10.2(1) A financial statement required to be audited under this Act shall be audited by a professional accountant who is a registered member in good standing of an institute, association or society of accountants established by an Act of the Legislature, or by a firm of professional accountants all of the partners of which are so registered.
10.2(2) None of the following persons shall act as an auditor for a candidate, a leadership contestant or a registered political party:
(a) an election official or enumerator appointed under The Elections Act;
(b) a candidate or leadership contestant, or an official agent of either of them;
(c) the chief financial officer of a registered political party;
(d) a person involved in the raising or spending of money or the custody of property of a candidate, leadership contestant or registered political party.
10.2(3) An auditor engaged to express an opinion about financial statements under this Act shall hold himself or herself free from any influence, interest or relationship in respect of the client's affairs that would, or would in the view of a reasonable person, impair the auditor's professional judgment or objectivity.
10.2(4) An auditor whose professional judgment or objectivity is impaired in the manner described in subsection (3) is disqualified from being an auditor and shall resign immediately on becoming aware of the disqualification.
S.M. 1998, c. 5, s. 12; S.M. 1999, c. 2, s. 5; S.M. 2002, c. 43, s. 7; S.M. 2006, c. 15, Sch. A, s. 204.
Candidate shall appoint auditor
10.3 Not later than the time of filing nomination papers under The Elections Act, every candidate shall appoint an auditor and shall provide to the Chief Electoral Officer, in the prescribed form, the auditor's name, address and telephone number and the auditor's signed consent to act in that capacity.
Leadership contestant shall appoint auditor
10.3.1 Immediately on becoming a leadership contestant, every leadership contestant shall appoint an auditor, and shall provide to the Chief Electoral Officer, in the prescribed form, the auditor's name, address and telephone number and the auditor's signed consent to act in that capacity.
10.4(1) If an auditor for a registered political party, candidate or leadership contestant ceases to act for any reason, the leader of the party, or the candidate or leadership contestant, as the case may be, shall without delay appoint another auditor, and shall provide to the Chief Electoral Officer, in writing, the auditor's name, address and telephone number and the auditor's signed consent to act in that capacity.
Statement of auditor who resigns
10.4(2) If an auditor for a registered political party or for a candidate or leadership contestant resigns or ceases to act for any reason, he or she shall provide the Chief Electoral Officer and the new auditor with a written statement giving the reasons for resigning or ceasing to act.
S.M. 1998, c. 5, s. 12; S.M. 1999, c. 2, s. 6; S.M. 2002, c. 43, s. 9.
10.5(1) For every statement that is required to be audited under this Act, the auditor shall examine the statement and supporting documentation and make a report to the official agent of the candidate or leadership contestant or the chief financial officer of the registered political party. The auditor shall conduct the examination and make the report in accordance with generally accepted auditing standards.
10.5(2) The auditor's report shall include any statements that the auditor considers necessary if
(a) the financial statement to which the report relates does not present fairly the financial transactions contained in the records of the candidate, leadership contestant or registered political party;
(b) the auditor has not received all the information and explanations required from the official agent or the chief financial officer; or
(c) the official agent or the chief financial officer has not kept proper accounting records.
10.5(3) The official agent of a candidate or leadership contestant and the chief financial officer of a registered political party, and any employee or agent of a candidate or leadership contestant, or employee, agent or officer of a registered political party, shall
(a) give the auditor access at all reasonable times to the records of the candidate, leadership contestant or registered political party; and
(b) provide the auditor with any information and explanations that the auditor considers necessary to enable the auditor to give a report under this section.
Qualified privilege (defamation)
10.5(4) An oral or written statement or report made under this Act by an auditor has qualified privilege.
S.M. 1999, c. 2, s. 7; S.M. 2002, c. 43, s. 10.
10.6(1) The following amounts shall be paid to the auditor who performed the audit of a statement required under section 59, 60, 61 or 61.1:
(a) $16,000., or any lesser amount that the Chief Electoral Officer considers reasonable as a fee for auditing the statement, in the case of an audit of a statement under section 59 (annual statement of registered political party);
(b) $30,000., or any lesser amount that the Chief Electoral Officer considers reasonable as a fee for auditing the statement, in the case of an audit of a statement under section 60 (statement of registered political party for election); and
(c) $1,500., or any lesser amount that the Chief Electoral Officer considers reasonable as a fee for auditing the statement, in the case of an audit of a statement under section 61 or 61.1 (statement of candidate or leadership contestant).
Payment subject to requirements of Act being met
10.6(2) An amount payable under subsection (1) shall be paid only if the Chief Electoral Officer is satisfied that the audit of the statement meets the requirements of this Act.
Payment out of Consolidated Fund
10.6(3) An amount payable under subsection (1) shall be paid from the Consolidated Fund without further appropriation.
S.M. 2002, c. 59, s. 3; S.M. 2006, c. 15, Sch. B, s. 8.
REGISTRATION OF POLITICAL PARTIES
Application for registration by political party
11(1) An application for registration by a political party
(a) shall be in prescribed form and shall include
(i) the proposed registered name of the political party and the proposed registered abbreviation if an abbreviated name is to be used,
(ii) a designation of the one name or abbreviation provided under subclause (i) that is to be used as the name of the registered political party on a ballot for the purposes of subsection 98(4) of The Elections Act,
(iii) the name, address and telephone number of the leader, the chief financial officer and the president of the political party; and
(iv) the name, address and telephone number of the auditor of the political party and the auditor's signed consent to act in that capacity; and
(b) shall be accompanied by an audited financial statement, including a statement of assets and liabilities, of the political party as of a date not more than 60 days prior to the date of the application for registration.
Verifying petition for registration
11(2) Where the application for registration is accompanied by a petition for registration filed under clause 12(c), the Chief Electoral Officer may take such steps as the Chief Electoral Officer sees fit to verify the accuracy of the petition for registration.
11(3) Where the Chief Electoral Officer requires further information to clarify or verify any information contained in the application for registration, in the financial statement, or where appropriate in the petition for registration of a political party, the political party shall file such further information with the Chief Electoral Officer.
S.M. 1998, c. 5, s. 14; S.M. 2006, c. 15, Sch. A, s. 204.
Registration of political party
12 Subject to section 15, the Chief Electoral Officer shall register a political party if the Chief Electoral Officer is satisfied that the application for registration and the financial statement of the political party are complete and accurate, and if
(a) members of the political party hold four or more seats in the Assembly; or
(b) where the political party applies for registration during the election period of a general election
(i) members of the political party held four or more seats in the Assembly immediately before the date of issue of the writs for the general election, or
(ii) the political party has endorsed five or more candidates in the general election; or
(c) the political party files with the Chief Electoral Officer, before the beginning of an election period of an election or by-election, a complete and accurate petition for registration in prescribed form signed by not fewer than 2,500 persons who were eligible voters during the most recent general election before the application, and the petition for registration is approved by the Chief Electoral Officer before the beginning of the election period of the election or by-election.
13(1) A political party which intends to meet the registration requirement in clause 12(c) may submit to the Chief Electoral Officer a proposed registered name for the political party.
13(2) Where the proposed registered name for the political party
(a) is not being reserved for another political party in accordance with this section; and
(b) does not violate section 15;
the Chief Electoral Officer may reserve the name for the political party for a period of six months from the date on which the political party submits the name to the Chief Electoral Officer.
Discretion to extend time period
13(3) The Chief Electoral Officer may extend the six month period referred to in subsection (2) for such further time as the Chief Electoral Officer sees fit.
13(4) Where the Chief Electoral Officer has reserved a name for the six month period referred to in subsection (2) or any extension thereof under subsection (3), no other political party shall during that time circulate a petition for registration which contains either
(a) the reserved name; or
(b) a name which, or the abbreviation of which, so nearly resembles the reserved name or the abbreviation thereof as to be likely to cause confusion.
Failure to meet registration requirements
13(5) Where a political party on behalf of which a name has been reserved fails to file a complete and accurate application for registration, financial statement and petition for registration within the six month time period referred to in subsection (2) or any extension thereof under subsection (3), the Chief Electoral Officer may reserve the same name or a similar name for another political party in accordance with this section.
Submission of material prior to election
14(1) A political party which intends to meet either registration requirement in clause 12(b) may, prior to the issue of writs for a general election, file with the Chief Electoral Officer for approval by the Chief Electoral Officer
(a) an audited financial statement as of a date not more than 60 days prior to the date of filing; and
(b) a proposed registered name for the political party.
14(2) Where the Chief Electoral Officer is satisfied that the financial statement and proposed registered name filed under subsection (1) meet the requirements of this Act, the Chief Electoral Officer shall approve the financial statement and proposed registered name; but where the Chief Electoral Officer declines to approve the financial statement and proposed registered name, the political party may file such new or further material or information as may be required by the Chief Electoral Officer in order to bring the financial statement or proposed registered name within the requirements of this Act.
Application after issue of writs
14(3) Where the Chief Electoral Officer has approved a financial statement and proposed registered name filed by a political party under this section, and where subsequent to the issue of writs for a general election the political party applies for registration, the application for registration of the political party shall, notwithstanding clause 11(1)(b), be accompanied by an audited supplementary financial statement as of a date not more than 60 days prior to the date of issue of the writs for the general election.
14(4) Where the Chief Electoral Officer has approved a financial statement and proposed registered name filed by a political party under this section, and where subsequent to the issue of writs for a general election the political party applies for registration, the Chief Electoral Officer shall not register another political party under clause 12(b) if the other political party
(a) has the same name as the proposed registered name approved by the Chief Electoral Officer under this section; or
(b) has a name which, or the abbreviation of which, so nearly resembles the proposed registered name, or the abbreviation of the proposed registered name, approved by the Chief Electoral Officer under this section as to be likely to cause confusion;
unless, as of the close of nominations for the general election in relation to which the political parties are applying for registration, the political party which has filed the financial statement and proposed registered name approved by the Chief Electoral Officer under this section
(c) has failed to meet either registration requirement in clause 12(b); or
(d) has failed to file with the Chief Electoral Officer a complete and accurate application for registration and audited supplementary financial statement.
No approval of same or similar name
14(5) Where the Chief Electoral Officer has approved a financial statement and proposed registered name filed by a political party under this section, the Chief Electoral Officer shall not, under this section, subsequently approve for another political party a proposed registered name
(a) which is the same as the proposed registered name approved by the Chief Electoral Officer under this section; or
(b) which, or the abbreviation of which, so nearly resembles the proposed registered name, or the abbreviation of the proposed registered name, approved by the Chief Electoral Officer under this section as to be likely to cause confusion.
Approved name subject to reserved name
14(6) A political party may reserve a proposed registered name under section 13 notwithstanding that the same name or a similar name has already been approved by the Chief Electoral Officer for another political party under this section.
Restrictions on names of registered parties
15 The Chief Electoral Officer shall not register a political party
(a) if the name or the abbreviation of the name of the political party includes the word "Independent" or any abbreviation of the word "Independent"; or
(b) if, in the opinion of the Chief Electoral Officer, the name or the abbreviation of the name of the political party so nearly resembles the name or the abbreviation of a registered political party as to be likely to cause confusion.
S.M. 1998, c. 5, s. 16; S.M. 2006, c. 15, Sch. B, s. 9.
Effective date of registration
16(1) For purposes of receiving contributions in respect of which tax receipts may be issued under section 35, the effective date of registration of a political party is the later of
(a) the date on which the political party files with the Chief Electoral Officer its application for registration and audited financial statement; and
(b) the date on which the political party files with the Chief Electoral Officer such clarifying or verifying information as may be required by the Chief Electoral Officer under subsection 11(3).
Registration during election period for general election
16(2) Notwithstanding subsection (1), where a political party is registered during the election period of a general election, the date of issue of the writs for the general election is the effective date of registration of the political party for purposes of receiving contributions in respect of which tax receipts may be issued under section 35.
17 The Chief Electoral Officer shall cause notice of registration of a political party to be published in the Manitoba Gazette.
Maintenance of information in register
18(1) Where there is any change in the particulars disclosed in the application for registration of a registered political party, the leader of the registered political party shall in writing notify the Chief Electoral Officer of the change within 30 days of the change and, upon receipt of any such notice, the Chief Electoral Officer shall vary the register accordingly.
18(2) The Chief Electoral Officer shall not vary the register to change the registered name or the registered abbreviation of a registered political party unless he or she is satisfied that the change otherwise meets the requirements of this Act.
S.M. 1998, c. 5, s. 17; S.M. 2006, c. 15, Sch. B, s. 10.
DEREGISTRATION
Voluntary deregistration of political party
19(1) Upon application for deregistration by the leader, the chief financial officer and the president of a registered political party, the Chief Electoral Officer may deregister the political party.
Compulsory deregistration of political party
19(2) Subject to subsection (6), the Chief Electoral Officer shall deregister a registered political party where the political party
(a) fails to file any statement or return or any other information required by this Act; or
(b) fails to file with the Chief Electoral Officer any information reasonably required to clarify or verify the information contained in a statement or return or any other information filed by the political party under this Act; or
(c) fails to appoint a chief financial officer in accordance with this Act; or
(d) adopts a new name or abbreviation that is prohibited under section 15; or
(e) has endorsed fewer than five candidates in the most recent general election.
Notice of proposal to deregister
19(3) Where the Chief Electoral Officer proposes to deregister a registered political party under subsection (2), the Chief Electoral Officer shall send written notice of the proposed deregistration by certified mail to the leader, the chief financial officer and the president of the registered political party named in an application under section 11, and any one of them may file written objection to the proposed deregistration within 30 days of receiving the notice from the Chief Electoral Officer.
Meeting concerning proposed deregistration
19(4) Where the registered political party files written objection to the proposed deregistration, the Chief Electoral Officer shall provide the opportunity for the leader and any one or more other responsible officers of the political party to meet with the Chief Electoral Officer for the purpose of challenging the grounds for the proposed deregistration.
Decision concerning deregistration
19(5) After a meeting, if any, held under subsection (4), if the Chief Electoral Officer is satisfied that the registered political party falls within one or more of the grounds for deregistration listed in subsection (2), the Chief Electoral Officer shall deregister the political party.
19(6) Notwithstanding anything in this section, where the Chief Electoral Officer proposes to deregister a registered political party for any violation of the Act referred to in clauses (2)(a), (b), (c) or (d), the political party may, within 30 days of receiving the notice of proposed deregistration, rectify the violation of the Act; and where the Chief Electoral Officer is satisfied that the violation has been rectified, the Chief Electoral Officer shall not deregister the political party.
No deregistration during campaign period
19(7) The Chief Electoral Officer shall not deregister a registered political party during the campaign period of a general election.
Reporting by deregistered political parties
19(8) Where a political party is deregistered in a year, subsection 57(2) and sections 58, 59, 60, 62, 63, 69 and 83 apply with any necessary changes to the deregistered political party with respect to that part of the year during which the political party was registered.
S.M. 1998, c. 5, s. 19; S.M. 2000, c. 9, s. 5; S.M. 2006, c. 15, Sch. B, s. 11.
20 Where a registered political party is deregistered for any reason, including deregistration under subsection 19(1), the Chief Electoral Officer shall not subsequently register the same political party until the political party files with the Chief Electoral Officer, in respect of the time during which the political party is deregistered, adequate statements, returns and other information as would have been required under this Act had the political party not been deregistered.
Disposition of assets upon deregistration
21(1) Where a registered political party is deregistered, the chief financial officer of the political party, or such other officer of the political party as may be designated by the Chief Electoral Officer, shall, in accordance with the instructions of the Chief Electoral Officer, liquidate the assets of the political party and from the proceeds thereof shall pay all outstanding liabilities of the political party on a pro-rata basis.
21(2) Where there is surplus money remaining after payment of all outstanding liabilities of a deregistered political party, the officer who liquidated the assets and paid the outstanding liabilities in accordance with subsection (1) shall turn the surplus money over to the Chief Electoral Officer, and the Chief Electoral Officer shall hold the money in trust for the political party.
Where political party registers within two years
21(3) Where a deregistered political party becomes registered within two years following deregistration and substantiates to the satisfaction of the Chief Electoral Officer that it is the party that was previously deregistered for which money has been held in trust under subsection (2), the Chief Electoral Officer shall turn the money held in trust and accumulated interest over to the registered political party.
Where political party does not register within two years
21(4) Where the deregistered political party does not meet the requirements of subsection (3), the Chief Electoral Officer shall turn the money held in trust and accumulated interest over to the Minister of Finance to be paid into the Consolidated Fund.
22 The Chief Electoral Officer shall cause notice of deregistration of a political party to be published in the Manitoba Gazette.
Effective date of deregistration
23 For purposes of the prohibition on issuing tax receipts under subsection 32(1), the effective date of deregistration of a political party is the date on which the notice of deregistration appears in the Manitoba Gazette; but a deregistered political party shall issue tax receipts in accordance with section 35 for all contributions received by or on behalf of the political party prior to the publication of the notice of its deregistration in the Manitoba Gazette.
24(1) Notwithstanding anything in this Act, a political party which, immediately before January 1, 1985, was registered under The Elections Finances Act, being chapter 68 of the Statutes of Manitoba, 1980, shall be conclusively presumed to be registered under this Act and is not required to apply for registration under this Act.
24(2) All the provisions of this Act, including the provisions for deregistration, apply to a political party referred to in subsection (1) as if the political party were registered under this Act.
REGISTRATION OF CANDIDATES
25 The Chief Electoral Officer must register a person as a candidate under this Act if the Chief Electoral Officer
(a) receives an application from the candidate in the prescribed form before the end of the candidacy period; and
(b) is satisfied that the candidate has been nominated as a candidate in accordance with The Elections Act.
S.M. 2006, c. 15, Sch. B, s. 12.
26 The Chief Electoral Officer may receive a candidate's application for registration for an election in an electoral division before a writ of election is issued for the electoral division, in which case the application shall be presumed to be an application for registration as a candidate in the next election in the electoral division; but the Chief Electoral Officer shall not register the candidate until the nomination of the candidate has been filed with the returning officer of the electoral division.
Effective date of registration
27 For purposes of receiving contributions in respect of which tax receipts may be issued under section 35, the effective date of registration of a candidate is the date on which the person becomes a candidate under this Act.
Maintenance of information in register
28 Where there is any change in the particulars disclosed in the application for registration of a candidate, the candidate shall in writing notify the Chief Electoral Officer of the change within five days of the change and, upon receipt of any such notice, the Chief Electoral Officer shall vary the register accordingly.
Termination of registration of candidate
29(1) Unless sooner terminated under subsection (2), the registration of a candidate terminates at the end of the campaign period of the election for which the candidate is registered.
29(2) Where a registered candidate withdraws from the election for which the candidate is registered, the candidate's registration terminates on the date the notice of withdrawal is filed with the returning officer.
29(3) Notwithstanding subsection 32(2), tax receipts shall be issued in accordance with section 35 for all contributions received by or on behalf of a registered candidate prior to the termination of the candidate's registration.
Notice of registration and termination
30 The Chief Electoral Officer shall cause notices of registration and termination of registration of candidates to be published in the Manitoba Gazette.
31 Upon registering a candidate or political party, the Chief Electoral Officer shall assign to the candidate or political party a registration number which shall be printed on tax receipts issued on behalf of the candidate or political party for contributions received by or on behalf of the candidate or political party.
NOTICE OF LEADERSHIP CONTEST
31.1(1) The chief financial officer of a registered political party that proposes to hold a leadership contest shall promptly file a statement with the Chief Electoral Officer in the prescribed form setting out the date of the official call of the leadership contest and the date fixed for the leadership vote.
Information about leadership contestants
31.1(2) In addition, the chief financial officer shall immediately notify the Chief Electoral Officer, in prescribed form, of the name, address and telephone number of each leadership contestant, and the day they became a contestant.
TAX RECEIPTS
32(1) No political party shall issue tax receipts unless the political party is registered under this Act.
32(2) No person acting on behalf of a candidate shall issue tax receipts unless the candidate is registered under this Act.
33(1) Where a candidate or political party is registered under this Act, no person except
(a) the chief financial officer of the registered political party or his or her deputy appointed under section 8; or
(b) the official agent of the candidate or his or her deputy appointed under section 8;
shall issue tax receipts for contributions received by or on behalf of the political party or candidate, as the case may be.
33(2) Where a candidate is not registered under this Act, no person except the official agent of the candidate shall issue receipts for contributions received by or on behalf of the candidate.
No tax receipts for contributions to leadership contestants
33.1 No person shall issue a tax receipt for a contribution made to or for the benefit of a leadership contestant.
Constituency association not to issue
34 No constituency association shall issue tax receipts.
35 Subject to section 36 and subsection 44.1(6), where a contribution of more than $10. is made to a registered political party or registered candidate, the chief financial officer of the registered political party or his or her authorized deputy or the official agent of the candidate or his or her authorized deputy, as the case may be, shall issue a tax receipt therefor in a form prescribed or approved by the Chief Electoral Officer.
S.M. 1998, c. 5, s. 24; S.M. 2000, c. 9, s. 7.
Tax receipts only for contributions in form of money, cheque or similar instrument
36(1) No person shall issue a tax receipt for a contribution provided to a registered political party or a registered candidate unless the contribution is in the form of money or cheque, credit card receipt or other similar instrument issued by the individual making the contribution.
No tax receipts for donations in kind, services
36(2) For greater certainty, no person shall issue a tax receipt for a donation in kind made to or for the benefit of a registered political party or a registered candidate or for services described in clause (z) or (aa) of the definition "election expenses" in section 1.
S.M. 1998, c. 5, s. 25; S.M. 2000, c. 9, s. 8.
37 Repealed.
CONTRIBUTIONS
37.1(1) An individual may make a contribution
(a) by giving it directly to a candidate, leadership contestant, constituency association or registered political party; or
(b) by giving it to another individual normally resident in Manitoba to be forwarded to a candidate, leadership contestant, constituency association or registered political party.
37.1(2) No person or organization other than an individual normally resident in Manitoba shall collect or receive a contribution under clause (1)(b) for a candidate, leadership contestant, constituency association or registered political party.
If contribution made by cheque or credit card
37.1(3) An individual who makes a contribution by cheque, credit card or similar instrument shall make it payable directly to a candidate, leadership contestant, constituency association or registered political party.
S.M. 2006, c. 15, Sch. B, s. 13.
Record of contributions — individuals
37.2(1) When collecting or receiving a contribution from a contributor, an individual shall
(a) make a record of
(i) the contributor's name and residential address,
(ii) the date the contribution was collected or received,
(iii) the amount or value of the contribution, and
(iv) the name of the individual collecting or receiving it; and
(b) ensure that the contributor signs the record if the contribution is cash of more than $100.
Forwarding contribution to candidate, etc.
37.2(2) The individual shall promptly forward the contribution, along with the record, to the candidate, leadership contestant, constituency association or registered political party to whom the contribution was made.
Combining cash contributions — individuals
37.2(3) An individual who collects or receives one or more contributions in cash may, instead of forwarding the cash,
(a) deposit the cash contributions into an account in his or her name in a financial institution; or
(b) purchase a money order or similar instrument in the amount of the contributions;
if the individual promptly forwards either a cheque drawn against the account in the amount of the contributions, or the money order or other instrument, to the candidate, leadership contestant, constituency association or registered political party to whom the contribution was made.
No accepting contributions without record
37.2(4) A candidate, leadership contestant, constituency association or registered political party shall not accept a contribution for which a record is required under this section unless it is accompanied by that record.
S.M. 2006, c. 15, Sch. B, s. 13.
Record of contributions — candidate, party, etc.
37.3 When accepting a contribution from a contributor directly, a candidate, leadership contestant, constituency association or registered political party shall
(a) make a record of
(i) the contributor's name and residential address,
(ii) the date the contribution was accepted, and
(iii) the amount or value of the contribution; and
(b) ensure that the contributor signs the record if the contribution is cash of more than $100.
S.M. 2006, c. 15, Sch. B, s. 13.
37.4 For certainty, nothing in sections 37.1 to 37.3 prevents a professional fundraiser, event organizer, call centre, or other similar entity retained for fundraising purposes by a candidate, leadership contestant, constituency association or registered political party from doing one or both of the following:
(a) soliciting a contribution on behalf of the candidate, leadership contestant, constituency association or registered political party;
(b) collecting information from an individual who wishes to make a contribution and forwarding the information to the candidate, leadership contestant, constituency association or registered political party.
S.M. 2006, c. 15, Sch. B, s. 13.
38(1) Where a fund raising function is held by or on behalf of a candidate, leadership contestant, constituency association or registered political party, the income and expenses from the fund raising function shall be recorded
(a) in the case of a candidate or leadership contestant, by his or her official agent;
(b) in the case of a registered political party, by its chief financial officer; and
(c) in the case of a constituency association, by the person responsible for its finances.
Portion of charge considered contribution
38(2) Subject to subsection (3), where an individual charge is made by the sale of tickets or otherwise for a fund raising function held by or on behalf of a candidate, leadership contestant, constituency association or registered political party, 1/4 of the charge shall be allowed for expenses and the balance is a contribution for purposes of this Act.
38(3) Where an individual charge is made by the sale of tickets or otherwise for a fund raising function, the charge is not a contribution for purposes of this Act if
(a) the individual charge is less than $15.; and
(b) when multiple tickets are purchased, the total charges to the purchaser are less than $45.
S.M. 1998, c. 5, s. 28; S.M. 2000, c. 9, s. 9; S.M. 2002, c. 43, s. 13; S.M. 2006, c. 15, Sch. B, s. 14.
38.1(1) When, for the purpose of raising money, an item is sold by or on behalf of a candidate, leadership contestant, constituency association or registered political party, the amount by which the proceeds from the sale exceed the item's acquisition cost is a contribution.
Nominal amounts are not contributions
38.1(2) Despite subsection (1), there is no contribution for the purposes of this Act if, under that subsection, the proceeds from the sale are less than
(a) $15., where a single item is sold; or
(b) $45., where, as part of the sale, more than one of the same item is sold.
Definition: "acquisition cost"
38.1(3) In this section, "acquisition cost" is
(a) the actual cost of the item; or
(b) its fair market value;
at the time it was acquired, whichever is greater.
S.M. 2006, c. 15, Sch. B, s. 15.
Candidate's personal contributions
39(1) A candidate may make contributions in support of the candidate's own campaign for election.
Leadership contestant's personal contributions
39(1.1) A leadership contestant may make contributions in support of the contestant's own campaign for the leadership.
39(2) Repealed, S.M. 1998, c. 5, s. 29.
S.M. 1998, c. 5, s. 29; S.M. 2002, c. 43, s. 14.
40(1) When a donation in kind is accepted by or on behalf of a candidate, leadership contestant, constituency association or registered political party, its value is the market value of the goods or services at the time of the donation.
Partial payment for goods or services
40(2) Where goods or services which would be donations in kind if provided without compensation are provided to a candidate, leadership contestant, constituency association or registered political party at a price below their market value at the time of the transaction, the individual providing the goods or services shall be presumed to have made a donation in kind the value of which is the market value of the goods or services minus the price charged for the goods or services.
40(3) Subject to section 40.1, where a donation in kind is accepted by or on behalf of a candidate, leadership contestant, constituency association or registered political party, the value of the donation in kind and the name and address of the contributor shall, for purposes of subsection 44(4) and sections 61.1, 62, 64 and 67, be recorded
(a) in the case of a candidate or leadership contestant, by his or her official agent;
(b) in the case of a registered political party, by its chief financial officer; and
(c) in the case of a constituency association, by the person responsible for its finances.
S.M. 1998, c. 5, s. 30; S.M. 2000, c. 9, s. 10; S.M. 2002, c. 43, s. 15; S.M. 2002, c. 59, s. 4.
Exception for donations in kind with minimal value
40.1 In a year, an individual may make two donations in kind, each having a market value of less than $15., to the same candidate, leadership contestant, constituency association or registered political party without the value of each of those donations being considered to be a contribution. But any subsequent donation in kind in the same year, regardless of value, is a contribution and shall be recorded in accordance with this Act.
Only individual residents may contribute
41(1) No person or organization other than an individual normally resident in Manitoba shall contribute to any candidate, leadership contestant, constituency association or registered political party.
Limit on contributions by individual
41(1.1) No individual shall make contributions totalling more than $3,000. in a calendar year to one or more of the following, or any combination of them:
(a) a candidate;
(b) a constituency association;
(c) a registered political party;
(d) a leadership contestant, if the contribution is made after the leadership contest period ends.
Limit on contributions by individuals to leadership contestants
41(1.1.1) No individual shall make contributions totalling more than $3,000. in a leadership contest period to one or more leadership contestants.
No contributions to contestant before leadership contest begins
41(1.1.2) No individual shall make a contribution, before the leadership contest period begins, to a person who is or intends to become a leadership contestant.
No contribution through intermediaries
41(1.2) No individual shall contribute to any candidate, leadership contestant, constituency association or registered political party
(a) any money, goods or services not actually belonging to the individual; or
(b) any money, goods or services that have been given or furnished to the individual by another person or an organization for the purpose of making the contribution.
Prohibition on acceptance of contributions
41(2) No person acting on behalf of a candidate, leadership contestant, constituency association or registered political party shall solicit or knowingly accept any contribution prohibited by this section.
41(3) Upon learning of any contribution accepted by or on behalf of a candidate, leadership contestant constituency association or registered political party contrary to this Act, the chief financial officer of the registered political party, the official agent of the candidate or leadership contestant, or the person responsible for the finances of the constituency association, shall forthwith return to the contributor
(a) the contribution; or
(b) an amount of money equal to the value of the contribution.
Chief Electoral Officer may require affidavit
41(4) The Chief Electoral Officer may require an individual who contributes to a candidate, leadership contestant, constituency association or registered political party to file with the Chief Electoral Officer an affidavit attesting to the fact that the individual has not violated this section.
Contributions before candidacy
41(5) A contribution is deemed to have been made to a constituency association under this Act if it is made to a person seeking to be nominated as a candidate by that constituency association.
S.M. 1998, c. 5, s. 31; S.M. 2000, c. 9, s. 11; S.M. 2002, c. 43, s. 16; S.M. 2006, c. 15, Sch. B, s. 16.
No contribution in expectation of compensation
41.1 No individual shall make a contribution expecting to be reimbursed or compensated for all or part of its value by another person or organization.
S.M. 1998, c. 5, s. 32; S.M. 2000, c. 9, s. 12.
Reimbursement of contributions
41.2 No person or organization shall reimburse or otherwise compensate or offer to reimburse or otherwise compensate any individual for all or any part of the value of a contribution.
S.M. 1998, c. 5, s. 32; S.M. 2000, c. 9, s. 13.
Accepting contributions that are to be reimbursed
41.3 No person or organization shall accept a contribution knowing that the donor expects to be reimbursed or otherwise compensated by any person or organization for all or any part of the value of the contribution.
42 Any anonymous contribution of more than $10. received at a meeting or otherwise by a candidate, leadership contestant, constituency association or registered political party shall not be used or expended, but shall be returned to the contributor if the contributor's identity can be established, and if the contributor's identity cannot be established, the contribution shall be turned over to the Minister of Finance to be paid into the Consolidated Fund.
43 Repealed.
S.M. 1998, c. 5, s. 33; S.M. 2000, c. 9, s. 14.
TRANSFERS
Transfers by registered political parties
44(1) A registered political party may transfer money, goods or services to any constituency association of the registered political party or to any candidate endorsed by the registered political party or nominated by a constituency association of the registered political party, but shall not transfer money, goods or services to a leadership contestant.
Transfers by constituency associations
44(2) A constituency association of a registered political party may transfer money, goods or services to the registered political party or to the candidate endorsed by the registered political party or nominated by the constituency association, but shall not transfer money, goods or services to any other candidate, registered political party or constituency association or to a leadership contestant.
44(3) A candidate endorsed by a registered political party or nominated by a constituency association of a registered political party may transfer money, goods or services to the registered political party, but the candidate shall not transfer money, goods or services to any constituency association of the registered political party or to another candidate or a leadership contestant.
No transfer by leadership contestant
44(3.1) Except as provided in subsection 68.1(4) (payment of surplus to party), a leadership contestant shall not transfer money, good or services to a registered political party, a constituency association of a registered political party, a candidate or another leadership contestant.
Tracing sources of transferred resources
44(4) Where, during a campaign period or candidacy period, the aggregate value of any transfers referred to in subsection (2) is $250. or more, the constituency association shall forward to the registered political party or to the candidate, as the case may be, a statement indicating
(a) the name and address of each individual whose contributions to the constituency association in that period had an aggregate value of $250. or more; and
(b) the aggregate value of the contributions from that individual to the constituency association in that period.
44(5) Any transfer permitted under this section is not a contribution to the candidate, constituency association or registered political party to whom or which the money, goods or services are transferred, but the chief financial officer of the registered political party, the official agent of the candidate or the person responsible for the finances of the constituency association, by whom or by which and to whom or to which the money, goods and services are transferred shall record the transfer.
Transferred resources as election expenses
44(6) When goods and services that have not been used in an election are transferred under this section and later used as election expenses, or when money transferred under this section is used to finance election expenses, the expenses are attributable to the transferree and not the transferor.
Goods re-used in a subsequent campaign
44(7) When a transfer under this section is goods from a previous election that were used as election expenses, the market value of those goods is not eligible for reimbursement under section 71.
S.M. 1998, c. 5, s. 35; S.M. 1999, c. 2, s. 8; S.M. 2000, c. 9, s. 15; S.M. 2002, c. 43, s. 18; S.M. 2006, c. 15, Sch. B, s. 17.
LOANS
44.1(1) Subject to this section, a loan to a registered political party, a candidate, a leadership contestant, or a constituency association is not a contribution.
Loans for lesser rate of interest
44.1(2) If a loan is made to a registered political party, a candidate, a leadership contestant, or a constituency association at a rate of interest that is less than the prime rate of the government's principal banker at the time the rate of interest on the loan is fixed, the difference between the amount of interest that would be payable at that prime rate and the amount being charged for the loan is deemed to be a contribution.
44.1(3) If a loan is made to a registered political party, a candidate, a leadership contestant, or a constituency association and a payment on the loan is made by someone other than the debtor, subject to section 44.5, the amount of the payment is deemed to be a contribution.
44.1(3.1) No person or organization shall
(a) make a loan to a registered political party, a candidate, a leadership contestant or a constituency association if the term of the loan exceeds 24 months; or
(b) refinance or renew a loan to a registered political party, a candidate, a leadership contestant or a constituency association in a manner that results in loan payments being due more than 24 months after the loan was first made.
44.1(3.2) No person or organization shall make loans totalling more than $3,000. in a calendar year to one or more registered political parties, candidates, leadership contestants or constituency associations, or any combination of them.
44.1(3.3) Subsections (3.1) and (3.2) do not apply to a loan that is
(a) made by a financial institution to a registered political party, a candidate, a leadership contestant or a constituency association;
(b) made to a candidate by a registered political party or a constituency association; or
(c) made between a registered political party and a constituency association.
44.1(4) If a loan to a registered political party, a candidate, a leadership contestant, or a constituency association remains unpaid six months after becoming due and no legal proceedings to recover the debt have been commenced by the creditor, the amount of the debt owed is deemed to be a contribution, unless the creditor is a financial institution.
44.1(5) Nothing in subsection (4) affects the rights of a creditor in relation to the debt.
No tax receipt for deemed contributions
44.1(6) No tax receipts shall be issued for amounts that are deemed to be contributions under this section.
S.M. 1998, c. 5, s. 36; S.M. 2000, c. 9, s. 16; S.M. 2002, c. 43, s. 19; S.M. 2006, c. 15, Sch. B, s. 18.
Requirements regarding loan agreements
44.2(1) A loan agreement for a loan to a registered political party, a candidate, a leadership contestant or a constituency association shall
(a) be in writing;
(b) set out the amount of the loan, the term of the loan, the name and address of the lender, the name and address of any guarantor and the details of any assignment of reimbursement made by the debtor; and
(c) be filed with the Chief Electoral Officer immediately after it is made.
44.2(1.1) As soon as reasonably practicable after receiving a copy of a loan agreement, the Chief Electoral Officer must publish, in a manner that he or she determines, a notice that identifies the debtor and includes the information required by clause (1)(b) in respect of the loan.
44.2(1.2) Subsection (1.1) does not apply if the loan is made by a financial institution or is for an amount less than $250.
44.2(2) Information regarding the balance remaining unpaid on a loan shall be provided to the Chief Electoral Officer
(a) by the chief financial officer of a registered political party, the official agent of a candidate or leadership contestant, or the person responsible for the finances of a constituency association at the time of filing a statement under section 59, 60, 61 or 67; and
(b) in the case of a candidate or leadership contestant, by the candidate or contestant within 30 days after the end of each year in which the balance owing on the loan is $250. or more.
S.M. 1998, c. 5, s. 36; S.M. 2002, c. 43, s. 20; S.M. 2006, c. 15, Sch. B, s. 19.
No loans from candidates to others
44.3 A candidate shall not lend money raised for the purposes of an election to another person or to any organization.
No loans from leadership contestant to others
44.3.1 A leadership contestant shall not lend money raised for the purposes of a leadership contest to another person or to any organization.
Constituency association loans
44.4 A constituency association may lend money only to its registered political party or its nominated candidate.
44.5 In the case of loan agreements among any of registered political parties, constituency associations or candidates, the following are deemed to be transfers:
(a) if the rate of interest on the loan is less than the prime rate of the government's principal banker at the time the rate of interest on the loan is fixed, the difference between the amount of interest that would be payable at that prime rate and the amount being charged for the loan;
(b) the amount of any payment on the loan that is not made by the debtor but is made by a registered political party, constituency association or candidate; and
(c) the amount of any loan that remains unpaid 12 months after becoming due.
45 to 47 Repealed.
S.M. 1998, c. 5, s. 37 to 39; .S.M. 2000, c. 9, s. 17.
AUTHORIZATION OF ELECTRONIC AND PRINTED MATERIAL
Authorization for printed material
48(1) No candidate or registered political party, and no person acting on behalf of and with the knowledge and consent of a candidate or registered political party, shall print, publish or distribute during an election period
(a) an advertisement
(i) in a newspaper, magazine or other periodical publication, or
(ii) on a billboard, bus or other property normally used for purposes of commercial advertising; or
(b) a poster, leaflet, letter, card or other promotional material;
(c) a sign or banner;
the purpose of which is to support or oppose, directly or indirectly, a candidate or registered political party in the election or print, publish or distribute any other campaign material intended for public distribution, unless the advertisement, promotional material, sign or banner or other campaign material is authorized in writing by the chief financial officer of the registered political party or the official agent of the candidate and has printed on it a statement of that authorization.
Exception for expressions of opinion
48(2) Clause (1)(b) does not include a commentary, letter to the editor or similar expression of opinion of a kind normally published without charge in a newspaper, magazine or other periodical publication.
Authorization for electronic medium
48(3) No candidate or registered political party, and no person acting on behalf of and with the knowledge and consent of a candidate or registered political party, shall during an election period cause to appear on radio or television or any other electronic medium any advertisement the purpose of which is to support or oppose, directly or indirectly, a candidate or registered political party in the election or cause to appear any other campaign material intended for public distribution, unless the advertisement or other campaign material is authorized in writing by the chief financial officer of the registered political party or the official agent of the candidate and a statement of the authorization is announced or shown with it.
48(4) When the candidacy period of a candidate begins before the appointment of the candidate's official agent, the candidate shall provide the authorization referred to in subsections (1) and (3) in respect of any advertisement, promotional material, sign or banner or other campaign material intended for public distribution prepared before the appointment of the official agent.
Application of section to leadership contestants
48(5) This section applies, with necessary changes, to leadership contestants during a leadership contest period.
S.M. 1998, c. 5, s. 40; S.M. 2002, c. 43, s. 22.
49 Repealed.
LIMIT ON ELECTION EXPENSES
Party Limits
Election expense limit for parties
50(1) Subject to section 52 (inflation adjustment), the total election expenses of a registered political party, whether the expenses are incurred by the party or by an individual on the party's behalf with its knowledge and consent, shall not exceed
(a) for a general election, the amount determined by multiplying $1.40 by the number of names on the voters lists for all the electoral divisions in which the registered political party endorses candidates; and
(b) for a by-election in an electoral division, the amount determined by multiplying $2.60 by the number of names on the voters lists for the electoral division.
Advertising expense limit for parties
50(2) Subject to section 52 (inflation adjustment), the total advertising expenses of a registered political party, whether the expenses are incurred by the party or by an individual on the party's behalf with its knowledge and consent, shall not exceed
(a) for a general election, the amount determined by multiplying $0.70 by the number of names on the voters lists for all of the electoral divisions in which the party endorses candidates; and
(b) for a by-election in an electoral division, the amount determined by multiplying $1.30 by the number of names on the voters lists for the electoral division.
Advertising expenses included in election expenses
50(3) The total advertising expenses permitted under subsection (2) are included in, and are not in addition to, the total election expenses permitted under subsection (1).
50(4) A registered political party shall not
(a) transfer, charge or otherwise allocate election expenses or advertising expenses to a candidate or other person or organization; or
(b) arrange a transaction or a series of transactions in order to circumvent the requirements of this section.
S.M. 1998, c. 5, s. 42; S.M. 2000, c. 9, s. 19; S.M. 2006, c. 15, Sch. B, s. 20.
Candidate Limits
Election expense limit for candidates
51(1) Subject to section 52 (inflation adjustment), the total election expenses of a candidate, whether the expenses are incurred by the candidate or the constituency association or by an individual on the candidate's behalf with the candidate's knowledge and consent, shall not exceed
(a) for a candidate in an electoral division with an area of less than 30,000 square miles, the amount determined by multiplying $2.20 by the number of names on the voters lists for the electoral division; and
(b) for a candidate in an electoral division with an area of 30,000 square miles or more, the amount determined by multiplying $3.50 by the number of names on the voters lists for the electoral division.
Limit on candidate's advertising expenses
51(2) Subject to section 52 (inflation adjustment), the total advertising expenses of a candidate, whether the expenses are incurred by the candidate or the constituency association or by an individual on the candidate's behalf with the candidate's knowledge and consent, shall not exceed the amount determined by multiplying $0.45 by the number of names on the voters lists for the electoral division in which the person is a candidate.
Advertising expenses included in election expenses
51(3) The total advertising expenses permitted under subsection (2) are included in, and are not in addition to, the total election expenses permitted under subsection (1).
51(4) A candidate shall not
(a) transfer, charge or otherwise allocate election expenses or advertising expenses to a registered political party or any other person or organization; or
(b) arrange a transaction or a series of transactions in order to circumvent the requirements of this section.
S.M. 1998, c. 5, s. 43; S.M. 2000, c. 9, s. 19; S.M. 2006, c. 15, Sch. B, s. 20.
Variation of limitations on expenses
52 For the purposes of any election held after the coming into force of this section, the maximum amounts to be permitted on a per voter basis for election expenses and advertising expenses under sections 50 and 51 shall be increased or decreased in accordance with the percentage change in the Consumer Price Index for The City of Winnipeg published by Statistics Canada from June 1996 to the second month immediately preceding the month during which the writ or writs of election is or are issued in accordance with the following formula:
M = A × I/B
In this formula,
M
is the maximum amount to be permitted on a per voter basis for election expenses and advertising expenses in the election;
A
is the maximum amount permitted on a per voter basis for election expenses and advertising expenses under sections 50 and 51;
I
is the consumer price index for The City of Winnipeg published by Statistics Canada for the second month immediately preceding the month during which the writ or writs of election is or are issued;
B
is the Consumer Price Index for The City of Winnipeg published by Statistics Canada for June 1996.
S.M. 1998, c. 5, s. 44; S.M. 2000, c. 9, s. 20.
Publication of new maximum amounts
53 Forthwith after the issue of a writ or writs for an election, the Chief Electoral Officer shall calculate, in accordance with the formula set out in section 52, the maximum amounts to be permitted on a per voter basis for the election expenses and advertising expenses of candidates and registered political parties in the election and shall cause the results of the calculation to be published in the Manitoba Gazette.
S.M. 1998, c. 5, s. 45; S.M. 2000, c. 9, s. 21.
54(1) The Chief Electoral Officer or the returning officer on the direction of the Chief Electoral Officer shall for each electoral division, as soon as it is practicable,
(a) add up the number of names on the voters lists in the electoral division as revised up to the end of the second Thursday before polling day; and
(b) advise every candidate in the electoral division and every registered political party of the number of names on the voters lists.
54(2) The Chief Electoral Officer or the returning officer on the direction of the Chief Electoral Officer shal