HomeC.C.S.M. c. E32
The Elections Finances Act
| Back to the Act | Regulations |
| 1 | Definitions |
| 1.1 | Interpretation: reasonable expenses |
| 2 | Endorsement of candidate |
| CHIEF ELECTORAL OFFICER | |
| 3 | C.E.O. to administer Act |
| 4(1) | Advisory committee |
| (1.1) | Leader to advise |
| (2) | Consultation with committee |
| (3) | Advisory status only |
| 5 | Duties of deputy C.E.O. |
| 6 | Powers, duties, and functions of Chief Electoral Officer |
| 6.1 | Delegation by Chief Electoral Officer |
| 6.2 | Protection from liability |
| CHIEF FINANCIAL OFFICERS, OFFICIAL AGENTS AND THEIR DEPUTIES | |
| 7(1) | Appointment of chief financial officer |
| (2) | Replacement of chief financial officer |
| (3) | Notice of appointment to Chief Electoral Officer |
| 8(1) | Appointment of deputy financial officers and official agents |
| (2) | Notice of appointment to Chief Electoral Officer |
| 8.1(1) | Candidate or leadership contestant not eligible to act as chief financial officer |
| (2) | Candidate not eligible to act as official agent |
| (3) | Leadership contestant not eligible to act as official agent |
| 9 | Recording of information |
| 10(1) | Responsibilities of party's chief financial officer |
| (2) | Financial officers of constituency associations |
| (2.1) | Accounts of constituency associations |
| (3) | Notice of nomination |
| (3.1) | Notice of intent of unendorsed candidate |
| (3.2) | Beginning of candidacy period for unendorsed candidate |
| (3.3) | Notice of intent to appoint official agent |
| (3.4) | Content of notice |
| (3.5) | Elections Act filing supercedes |
| (4) | Responsibilities of candidate's official agent |
| (5) | Responsibility throughout entire candidacy period |
| (6) | Official agent for leadership contestant |
| (7) | Replacement of official agent |
| (8) | Responsibilities of leadership contestant's official agent |
| 10.1(1) | Accounts |
| (2) | Disbursements |
| (3) | Accounts kept separate |
| AUDITORS | |
| 10.2(1) | Qualifications of auditors |
| (2) | Persons not eligible |
| (3) | Auditor's independence |
| (4) | Duty to resign |
| 10.3 | Candidate shall appoint auditor |
| 10.3.1 | Leadership contestant shall appoint auditor |
| 10.4(1) | Where auditor ceases to act |
| (2) | Statement of auditor who resigns |
| 10.5(1) | Auditor's report |
| (2) | Additional statements |
| (3) | Access to records |
| (4) | Qualified privilege (defamation) |
| 10.6(1) | Auditor's payment |
| (2) | Payment subject to requirements of Act being met |
| (3) | Payment out of Consolidated Fund |
| REGISTRATION OF POLITICAL PARTIES | |
| 11(1) | Application for registration by political party |
| (2) | Verifying petition for registration |
| (3) | Provision of information |
| 12 | Registration of political party |
| 13(1) | Submission of party name |
| (2) | Approval of name |
| (3) | Discretion to extend time period |
| (4) | Effect of reserved name |
| (5) | Failure to meet registration requirements |
| 14(1) | Submission of material prior to election |
| (2) | Approval by C.E.O. |
| (3) | Application after issue of writs |
| (4) | Priority of approved name |
| (5) | No approval of same or similar name |
| (6) | Approved name subject to reserved name |
| 15 | Restrictions on names of registered parties |
| 16(1) | Effective date of registration |
| (2) | Registration during election period for general election |
| 17 | Notice of registration |
| 18(1) | Maintenance of information in register |
| (2) | Refusal to vary register |
| DEREGISTRATION | |
| 19(1) | Voluntary deregistration of political party |
| (2) | Compulsory deregistration of political party |
| (3) | Notice of proposal to deregister |
| (4) | Meeting concerning proposed deregistration |
| (5) | Decision concerning deregistration |
| (6) | Avoiding deregistration |
| (7) | No deregistration during campaign period |
| (8) | Reporting by deregistered political parties |
| 20 | Re-registration |
| 21(1) | Disposition of assets upon deregistration |
| (2) | Moneys held in trust |
| (3) | Where political party registers within two years |
| (4) | Where political party does not register within two years |
| 22 | Notice of deregistration |
| 23 | Effective date of deregistration |
| 24(1) | Registration carried over |
| (2) | Application of Act |
| REGISTRATION OF CANDIDATES | |
| 25 | Registration as a candidate |
| 26 | Early application |
| 27 | Effective date of registration |
| 28 | Maintenance of information in register |
| 29(1) | Termination of registration of candidate |
| (2) | Termination on withdrawal |
| (3) | Effect on tax receipts |
| 30 | Notice of registration and termination |
| 31 | Registration numbers |
| NOTICE OF LEADERSHIP CONTEST | |
| 31.1(1) | Notice of leadership contest |
| (2) | Information about leadership contestants |
| TAX RECEIPTS | |
| 32(1) | Tax receipts by parties |
| (2) | Tax receipts by candidates |
| 33(1) | Who may issue tax receipts |
| (2) | Who may issue receipts |
| 33.1 | No tax receipts for contributions to leadership contestants |
| 34 | Constituency association not to issue |
| 35 | Tax receipts to contributors |
| 36(1) | Tax receipts only for contributions in form of money, cheque or similar instrument |
| (2) | No tax receipts for donations in kind, services |
| 37 | |
| CONTRIBUTIONS | |
| 37.1(1) | How contribution may be made |
| (2) | Only individual may collect |
| (3) | If contribution made by cheque or credit card |
| 37.2(1) | Record of contributions individuals |
| (2) | Forwarding contribution to candidate, etc. |
| (3) | Combining cash contributions individuals |
| (4) | No accepting contributions without record |
| 37.3 | Record of contributions candidate, party, etc. |
| 37.4 | Application |
| 38(1) | Fund raising functions |
| (2) | Portion of charge considered contribution |
| (3) | Limited individual charge |
| (4) | Amounts increased in 2010 |
| 38.1(1) | Fundraising by selling items |
| (2) | Nominal amounts are not contributions |
| (2.1) | Amounts increased in 2010 |
| (3) | Definition: "acquisition cost" |
| 39(1) | Candidate's personal contributions |
| (1.1) | Leadership contestant's personal contributions |
| (2) | |
| 40(1) | Value of donation in kind |
| (2) | Partial payment for goods or services |
| (3) | Recording donations in kind |
| 40.1(1) | Exception for donations in kind with minimal value |
| (2) | Amount increased in 2010 |
| 41(1) | Only individual residents may contribute |
| (1.1) | Limit on contributions by individual |
| (1.1.1) | Limit on contributions by individuals to leadership contestants |
| (1.1.2) | No contributions to contestant before leadership contest begins |
| (1.2) | No contribution through intermediaries |
| (2) | Prohibition on acceptance of contributions |
| (3) | Return of contribution |
| (4) | Chief Electoral Officer may require affidavit |
| (5) | Contributions before candidacy |
| 41.1 | No contribution in expectation of compensation |
| 41.2 | Reimbursement of contributions |
| 41.3 | Accepting contributions that are to be reimbursed |
| 42 | Anonymous contributions |
| 43 | |
| TRANSFERS | |
| 44(1) | Transfers by registered political parties |
| (2) | Transfers by constituency associations |
| (3) | Transfers by candidates |
| (3.1) | No transfer by leadership contestant |
| (4) | Tracing sources of transferred resources |
| (5) | Recording of transfers |
| (6) | Transferred resources as election expenses |
| (7) | Goods re-used in a subsequent campaign |
| LOANS | |
| 44.1(1) | Loans |
| (2) | Loans for lesser rate of interest |
| (3) | Payments on behalf of debtor |
| (3.1) | Maximum term of 24 months |
| (3.2) | Maximum amount of $3,000. |
| (3.3) | Exception |
| (4) | Loans not collected |
| (5) | Creditor's rights continue |
| (6) | No tax receipt for deemed contributions |
| 44.2(1) | Requirements regarding loan agreements |
| (1.1) | Publication by C.E.O. |
| (1.2) | Exception |
| (2) | Reports regarding balance |
| 44.3 | No loans from candidates to others |
| 44.3.1 | No loans from leadership contestant to others |
| 44.4 | Constituency association loans |
| 44.5 | Deemed transfers |
| 45 to 47 | |
| AUTHORIZATION OF ELECTRONIC AND PRINTED MATERIAL | |
| 48(1) | Authorization for printed material |
| (2) | Exception for expressions of opinion |
| (3) | Authorization for electronic medium |
| (4) | Authorization by candidate |
| (5) | Application of section to leadership contestants |
| 49 | |
| LIMIT ON ELECTION EXPENSES | |
| Party Limits | |
| 50(1) | Election expense limit for parties |
| (2) | Advertising expense limit for parties |
| (3) | Advertising expenses included in election expenses |
| (4) | No allocation of expenses |
| Candidate Limits | |
| 51(1) | Election expense limit for candidates |
| (2) | Limit on candidate's advertising expenses |
| (3) | Advertising expenses included in election expenses |
| (4) | No allocation of expenses |
| 52 | Variation of limitations on expenses |
| 53 | Publication of new maximum amounts |
| 54(1) | Names on voters lists |
| (2) | Names on final voters lists |
| 54.0.1 | Minimum number of voters |
| ANNUAL LIMIT ON ADVERTISING EXPENSES | |
| 54.1(1) | Advertising expense limits for year of fixed date elections |
| (2) | Expenses incurred by others |
| (3) | Limit not to be spent during an election period |
| (3.1) | Leadership contest expenses not included in annual limit |
| (4) | Inflation adjustment |
| (5) | Assembly allowances not affected |
| (6) | Expanded definition of "advertising expenses" |
| 54.2(1) | Advertising must be authorized |
| (2) | Placement of authorization |
| CLAIMS FOR ELECTION EXPENSES | |
| 55(1) | Claim for election expenses |
| (2) | Death of claimant |
| (3) | Payment through chief financial officer or official agent |
| (4) | Payment or authorization by candidate |
| (5) | Barring of claims in respect of election expenses |
| CLAIM FOR LEADERSHIP CONTESTANT EXPENSES | |
| 55.0.1(1) | Claim for leadership contestant expenses |
| (2) | Section 55 applies to leadership contestants |
| GOVERNMENT ADVERTISING | |
| 56(1) | Government advertising and publications in general election |
| (1.1) | Government advertising and publications in by-election |
| (1.2) | Publication of Assembly business in by-election |
| (2) | Complaint concerning government advertising |
| (3) | Commissioner to advise if complaint justified |
| (4) | Notice in annual report |
| FINANCIAL STATEMENTS AND RETURNS | |
| 57(1) | Form of financial statements and returns |
| (2) | Providing information |
| (3) | Extension of time |
| 58 | Maintaining records |
| 59 | Annual statement of registered political party |
| 60 | Statement of registered political party for election |
| 61(1) | Statement of candidate |
| (2) | Evidence of disbursements and expenses |
| 61.1(1) | Statement of leadership contestant |
| (2) | Details of contributions to leadership contestant |
| (3) | Contestant to keep records |
| (4) | Filing by leadership contestant who withdraws |
| (5) | Expenses and contributions only after leadership contest period begins |
| 62 | Details of contributions to political parties |
| 63 | Election not to affect return |
| 64 | Details of contributions to candidate |
| 65 | Candidate to keep records |
| 66(1) | Filing by candidate who withdraws |
| (2) | Candidacy period defined |
| (3) | Candidate to meet filing requirements |
| 66.1 | If by-election cancelled |
| 67(1) | Return by constituency association |
| (2) | Application to constituency associations for new electoral divisions |
| 68(1) | Interpretation: "campaign deficit" |
| (2) | Elimination of candidate's campaign deficit |
| (3) | Records of contributions |
| 68.1(1) | Leadership contestant's deficit or surplus: definitions |
| (2) | Elimination of deficit |
| (3) | Records of contributions |
| (4) | Payment of surplus |
| (5) | Payment of surplus in case of withdrawal |
| (6) | Contributions after leadership period ends |
| 69(1) | Failure to file by chief financial officer or official agent |
| (2) | Filing by candidate, contestant or leader |
| (3) | Failure to file by successful candidate |
| (4) | Failure to file by unsuccessful candidate |
| (5) | Additional penalties retained |
| 69.1(1) | Late filing fee |
| (2) | Persons who must pay |
| (3) | Late filing fee constituency association |
| (4) | No prosecution if fee paid |
| (4.1) | Deducting late fee from amounts payable |
| (4.2) | CEO to make late filing fees public |
| (5) | Fees to be turned over to Minister of Finance |
| 70(1) | Inspection by public |
| (2) | Copies of documents |
| INSPECTIONS AND AUDITS BY THE CHIEF ELECTORAL OFFICER | |
| 70.1(1) | Inspections and audits |
| (2) | Entry to inspect records |
| (3) | Assistance must be given |
| (4) | Inspection warrant |
| ANNUAL ALLOWANCE FOR REGISTERED POLITICAL PARTIES | |
| 70.2(1) | Statement by party |
| (2) | Annual allowance |
| (3) | Determining maximum in year of general election |
| (4) | Minimum allowance |
| 70.3 | If allowance not used for expenses |
| 70.4(1) | Certifying amount of allowances |
| (2) | Postponing certifying allowance |
| (3) | Allowance paid out of Consolidated Fund |
| REIMBURSEMENT OF ELECTION EXPENSES | |
| 71(1) | When candidate eligible for reimbursement |
| (2) | Amount of reimbursement candidate |
| (3) | When party eligible for reimbursement |
| (4) | Amount of reimbursement political party |
| 72(1) | Total reimbursement must be certified by C.E.O. |
| (2) | Advance reimbursement based on estimate |
| (3) | Adjustment |
| (4) | When advance reimbursement not to be certified |
| (5) | Report |
| 73(1) | Reduction of reimbursement for overspending |
| (2) | Additional penalties retained |
| 73.1(1) | Reimbursements paid out of Consolidated Fund |
| (2) | Reimbursement payment registered political party |
| (3) | Reimbursement payment endorsed candidate |
| (4) | Reimbursement payment unendorsed candidate |
| (5) | Reduction for candidate's overspending |
| (6) | Money to be held in trust |
| (7) | Definitions |
| 73.2(1) | Payment to creditor |
| (2) | When assignment is effective |
| 73.3(1) | Overpayment must be repaid immediately |
| (2) | First use of reimbursement |
| 74 | |
| 75(1) | Calculation of candidate's surplus or deficit, definitions |
| (2) | Payment of surplus |
| (3) | Money to be held in trust |
| 76 and 77 | |
| 77.1(1) | Candidate's surplus in case of withdrawal |
| (2) | Payment by candidate |
| (3) | Money to be held in trust |
| RECORDS | |
| 77.2(1) | Records |
| (2) | Definition of "record" |
| INVESTIGATIONS | |
| 77.3(1) | Definition of "commissioner" |
| (2) | Investigations by commissioner |
| (3) | Commissioner may appoint representative |
| (4) | Records |
| (5) | Warrant |
| (6) | |
| 77.3.1(1) | Notice of investigation |
| (2) | Notice of results of investigation |
| (3) | Outcome of investigation may be made public |
| INJUNCTIONS | |
| 77.3.2(1) | Application for injunction |
| (2) | Injunction |
| (3) | Notice |
| (4) | Third party |
| ADVISORY OPINIONS | |
| 77.4(1) | Request for advisory opinion |
| (2) | Written opinion |
| (3) | Deemed non-contravention |
| (4) | Revocation or modification |
| (5) | Effect of revocation |
| (6) | Who may request opinion |
| OFFENCES | |
| 78 | Obstruction |
| 78.1 | Force and intimidation |
| 78.2(1) | Advertising rates |
| (2) | Meaning of "advertising" |
| 79 | False receipts |
| 80 | False registration numbers |
| 81 | False documents |
| 82 | False information respecting contributions |
| 83 | Failure to file adequate documents |
| 83.1(1) | Failure to comply with contribution rules |
| (2) | Additional penalty |
| 84(1) | Party exceeding expense limit |
| (2) | Candidate exceeding expense limit |
| (3) | Additional penalty |
| 85 | |
| 86 | Officers responsible for overspending |
| 87 | |
| 87.1 | Misuse of information filed under this Act |
| 87.2 | Failure to provide records |
| 88 | General offences |
| 89 | Status of organizations in prosecutions |
| 90(1) | Vicarious liability |
| (2) | Saving |
| 91(1) | Only commissioner may prosecute offences |
| (2) | Inadvertent or technical contravention |
| (3) | Only commissioner may prosecute |
| (4) | Time limit for prosecution |
| (5) | Powers of commissioner re prosecution |
| COMPLIANCE AGREEMENTS | |
| 91.1(1) | Compliance agreements |
| (2) | Terms and conditions |
| (3) | Obligations of commissioner |
| (4) | Admission of responsibility |
| (5) | Inadmissible in evidence |
| (6) | Effect of compliance agreement |
| (7) | Renegotiation |
| 91.2(1) | If agreement complied with |
| (2) | Effect of notice |
| 91.3(1) | When prosecution may be commenced or continued |
| (2) | Time limit for beginning prosecution |
| 91.4 | Dismissal of proceedings |
| 91.5 | Publication |
| 92 to 94 | |
| 95(1) | Appeals from decisions of Chief Electoral Officer |
| (2) | Status for appeals |
| 96 | |
| 97(1) | Application for declaration |
| (2) | |
| (3) | Determination and costs |
| REGULATIONS | |
| 98 | Regulations |
| MISCELLANEOUS PROVISIONS | |
| 99(1) | Annual report |
| (2) | Recommendations concerning Act |
| (2.1) | Report may be combined with Elections Act report |
| (3) | Review of report by committee |
| 99.1 | Expenses paid out of the Consolidated Fund |
| 99.1.1(1) | Requests copied to chief financial officer |
| (2) | Written notice re late filing fees |
| 99.2 | Amendments |
| 100 |
