.png){kind=small}
C.C.S.M. c. E32
The Elections Finances Act
| 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) | ||
| (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 | Repealed | |
| 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) | Repealed | |
| 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 | Repealed | |
| 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 | Repealed | |
| 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 | Repealed | |
| 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 | |
| 70.2 to 70.4 | Repealed | |
| 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 | Repealed | |
| 75 | (1) | Calculation of candidate's surplus or deficit, definitions |
| (2) | Payment of surplus | |
| (3) | Money to be held in trust | |
| 76 and 77 | Repealed | |
| 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) | Repealed | |
| 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 | Repealed | |
| 86 | Officers responsible for overspending | |
| 87 | Repealed | |
| 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 | Repealed | |
| 95 | (1) | Appeals from decisions of Chief Electoral Officer |
| (2) | Status for appeals | |
| 96 | Repealed | |
| 97 | (1) | Application for declaration |
| (2) | Repealed | |
| (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 | Repealed | |