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