2nd Session, 43rd Legislature

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Bill 30

THE ELECTION FINANCING AMENDMENT AND ELECTIONS AMENDMENT ACT

(Assented to                                         )

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

PART 1
THE ELECTION FINANCING ACT

C.C.S.M. c. E27 amended

1   The Election Financing Act is amended by this Part.

2   The second paragraph of section 6 is amended by striking out "2,500 people who were eligible voters in the last general election" and substituting "2,500 people whose names are included in the register of voters under The Elections Act".

3(1)   Section 30 is amended

(a) by renumbering it as subsection 30(1) and adding the following section heading before the part before clause (a):

(1) — Amount of auditor's fees

(b) in clause (c), by striking out "$1,500" and substituting "$2,500".

3(2)   The following is added as subsection 30(2):

(2) — Inflation adjustment for auditor's fees

When a general election is called, the CEO must adjust the dollar figures in subsection 30(1) and publish the new amounts.

To make the adjustment, the CEO must

(a) determine the ratio between the consumer price index for the City of Winnipeg for January 2026 and the consumer price index for the City of Winnipeg for the second month immediately before the month in which the election is called,

(b) apply the ratio to the dollar figures in subsection 30(1), and

(c) round up the amount to the nearest $100.

4   The following is added after the third paragraph of the overview to Part 4:

A contribution may be made under an individual's will if the contribution is made only in one year and does not cause the individual to exceed the contribution limit for that year, taking into account any contributions the individual made before their death.

5   Section 34 is amended

(a) by repealing subsection (1.1); and

(b) by adding the following as subsections (1.2) to (1.4):

(1.2) — Testamentary dispositions

A contribution — other than a contribution to a leadership contestant during a leadership contest period — may be made by way of a testamentary disposition if the contribution is made only in one year and does not cause the individual to exceed the limit under subsection (1), taking into account any contributions that the individual made before their death.

(1.3) — Contribution by non-resident void

A testamentary disposition that provides for a contribution is void if the individual making the contribution is not normally resident in Manitoba at the time of death.

(1.4) — Non-conforming testamentary disposition read down

A testamentary disposition that provides for a contribution that would cause the individual to exceed the limit under subsection (1) shall be read as if the contribution is for the highest amount that would not cause the individual to exceed that limit, and a testamentary disposition that provides for a contribution to be made in more than one year after the year in which this subsection comes into force shall be read as if the contribution is to be made only in the first of those years.

6   The second paragraph of the overview to Part 6 is amended by striking out "$3,000" and substituting "$5,000".

7   Subsection 46(2) is amended in the section heading and in the section by striking out "$3,000" and substituting "$5,000".

8   The following is added after the second paragraph of the overview to Part 8:

Each registered party must establish a code of ethics to govern advertising by or on behalf of the party, its constituency associations, a candidate it has endorsed or any of its leadership contestants. The code must include a complaint procedure and be made available to the public.

9   The following is added after section 61 as part of Part 8:

61.1   ADVERTISING CODE OF ETHICS

(1) — Code

Every registered party must establish and implement a code of ethics to govern advertising by any of the following, or on behalf of any of them with their knowledge and consent:

(a) the party,

(b) a constituency association of the party,

(c) a candidate the party has endorsed,

(d) a leadership contestant for the party.

(2) — Complaints procedure required

The code of ethics must establish a procedure for accepting and addressing complaints that allege a breach of the code.

(3) — Available to the public

The registered party must make its code of ethics available to the public.

(4) — CEO, commissioner, etc. not responsible

For certainty, it is the registered party that is responsible for accepting and addressing complaints under the party's code of ethics and for otherwise implementing the code, and not the chief electoral officer or the commissioner.

10   Subsection 64(1) is amended, in the part before paragraph 1, by striking out "By January 31" and substituting "By March 31".

11(1)   Subsection 70(1) is amended by striking out "(other than a constituency association's financial officer)".

11(2)   Subsection 70(2) is repealed.

11(3)   The following is added after subsection 70(3):

(3.1) — CEO to give notice of late fee

The CEO must notify the person who is required to pay a late filing fee of the amount of the fee.

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

(3.2) — Person who receives notice must pay late fee

A person who receives the notice must pay the amount of the late filing fee to the CEO within 30 days after receiving the notice.

11(4)   Subsection 70(4) is amended

(a) by replacing the section heading with "No prosecution if information filed and late fee paid"; and

(b) by striking out "— or in the case of a financial officer of a constituency association, by March 31 of the applicable year — ".

11(5)   The following is added after subsection 70(4):

(4.1) — No prosecution if late fee paid

A person must not be prosecuted for failing to pay a late filing fee if the person pays the amount of the fee to the CEO within 30 days after receiving the notice under subsection (3.1).

12   Subsection 83(4) is amended by striking out "subsection 34(1.1)" and substituting "subsection 30(2)".

PART 2

THE ELECTIONS ACT

C.C.S.M. c. E30 amended

13   The Elections Act is amended by this Part.

14   Section 1 is amended by adding the following definitions:

"constituency association" means an association or group that, in relation to a registered political party,

(a) is recognized by the party as its official association in an electoral division; or

(b) holds itself out as the official association of the party in an electoral division. (« association de circonscription »)

"Elections Manitoba" means the office administered by the chief electoral officer. (« Élections Manitoba »)

"organization" includes, in section 124 and Part 14, a political party, constituency association, trade union, partnership and an unincorporated association, but does not include a corporation. (« organisation »)

"pre-election period" means the 90-day period before the start of the election period of a fixed date election. (« période préélectorale »)

"returning office" means the office of a returning officer. (Version anglaise seulement)

15   Section 23.1 is replaced with the following:

Term of office

23.1(1)   Subject to subsection (2), the chief electoral officer is to hold office for a term of 10 years and may be reappointed for further terms of 10 years each.

Extension

23.1(2)   The Lieutenant-Governor in Council may extend the term of the chief electoral officer for a period of not more than 12 months, if satisfied an extension is reasonably necessary to ensure that the chief electoral officer is able to undertake or complete their responsibilities in respect of a general election.

Application

23.1(3)   Subsection (1) applies only to a person appointed as chief electoral officer after the coming into force of this section.

16   Subsection 41(2) is amended by adding "or a regular voting station" after "advance voting station".

17   Clause 63.3(1)(b) is amended by adding "or other person or body" after "Elections Canada".

18   The following is added after subsection 63.7(1):

Agreement with other person or body

63.7(1.2)   For the purpose of obtaining information to assist in updating the register of voters, the chief electoral officer may enter into an agreement with a person or body responsible for a source of information the chief electoral officer considers reliable.

19   Subsection 98(2.1) of the French version is amended by striking out "imprimeurs" and substituting "imprimantes" in the section heading and in the section, with necessary grammatical changes.

20   Section 104 is renumbered as subsection 104(1) and the following is added as subsection 104(2):

Voting station in returning office

104(2)   A voting station must be established in each returning office.

21   Subsection 115(1) is replaced with the following:

Applying for ballot

115(1)   A person who wishes to vote on election day must go to one of the following locations and give their name and address to the voting officer:

(a) a voting place in the person's electoral division;

(b) any returning office.

22   Subsection 125(4) is replaced with the following:

Advance voting at returning office

125(4)   An advance voting station must operate in the returning office from the second Saturday before election day to the Monday before election day.

23   The following is added after section 159.1 and before the centred heading that follows it:

Counting ballots cast in returning office on election day

159.2   For ballots cast in the returning office on election day, the returning officer must, after the close of voting, deal with and count the vote at the returning office using the procedures in section 131 (counting the advance vote).

24   Section 161 is amended by adding the following at the end of STEP 2:

The votes cast on election day in a returning office and counted under section 159.2 must not be reported under clause (b), and must be excluded from the number of advance votes reported under clause (d).

25(1)   Subsection 178(1) is amended, in the part before clause (a), by striking out "A person" and substituting "A person or organization".

25(2)   Subsection 178(4) is amended by adding "or organization" after "person".

26   Subsection 179(2) is amended by adding "or organization" after "person".

27   Section 181 and the centred heading before it are repealed.

28   The following is added before the centred heading before section 182:

IMPERSONATION OFFENCES — CANDIDATES AND OTHERS

Impersonation of officials and others

181.1(1)   A person is guilty of an offence who falsely represents themselves to be

(a) the chief electoral officer, a member of the chief electoral officer's staff or a person authorized to act on behalf of the chief electoral officer;

(b) an election official or a person who is authorized to act on behalf of an election official;

(c) a person who is authorized to act on behalf of a registered political party or a constituency association;

(d) a candidate or a person seeking to be a candidate or a person who is authorized to act on their behalf;

(e) the leader of a registered political party or person seeking to be the leader or a person who is authorized to act on their behalf.

Representation for the purpose of parody or satire

181.1(2)   A person is not guilty of an offence under subsection (1) if they establish that the representation was for the purpose of parody or satire.

29(1)   Subsection 182(1.1) is repealed.

29(2)   Subsection 182(2) is amended by adding "or organization" after "person".

30   The following is added after section 182 and before the centred heading that follows it:

OFFENCES RELATING TO PUBLISHING FALSE OR UNAUTHORIZED INFORMATION

Publishing false election information

182.1   A person or organization who, during a pre-election period or an election period and with the intention of affecting the results of an election, makes, distributes or publishes any material or information (regardless of its form) that provides false or misleading information about voter eligibility, voter registration procedures or election proceedings — including voting options and voting opportunities available to the voter — is guilty of an offence.

Publishing false statement about candidate or leader

182.2   A person or organization who, during a pre-election period or an election period and with the intention of affecting the results of an election, makes, distributes or publishes a statement about the character or conduct of a candidate or leader of a registered political party — including a statement that a candidate or leader has committed or been charged with an offence or has been required to pay an administrative monetary penalty under an enactment of Manitoba or Canada or another province or territory of Canada — is guilty of an offence if they make, distribute or publish the statement knowing it is false or having a reckless disregard as to whether it is false.

Publishing false statement about election official or voting administration tools

182.3   A person or organization who, during a pre-election period or an election period, with the intention of undermining public confidence in the results or the administration of an election, makes, distributes or publishes any of the following statements knowing that the statement is false, or having a reckless disregard as to whether it is false, is guilty of an offence:

(a) a statement about the character or conduct of an election official, including a statement that an election official has committed or been charged with an offence, or has been required to pay an administrative monetary penalty, under an enactment of Manitoba or Canada or another province or territory of Canada;

(b) a statement that relates to the citizenship, place of birth, education, professional qualifications or membership in a group or association of an election official;

(c) a statement relating to a person or organization that provides Elections Manitoba with the following, including any services in respect of any of the following:

(i) voters lists and voting books, whether in electronic form or otherwise,

(ii) ballot printers,

(iii) vote counting machines,

(iv) any other types of tools to assist in the conduct of voting proceedings that are prescribed by regulation under clause 203(c).

Publishing unauthorized material or information

182.4(1)   A person or organization who, during a pre-election period or election period, makes, distributes or publishes any material or information (regardless of its form) that purports to be made, distributed or published by or under the authority of an election participant is guilty of an offence if

(a) the person or organization is not authorized by the election participant to make, distribute or publish the material or information; and

(b) the person or organization intends to mislead the public that the material or information is made, distributed or published by or under the authority of the election participant.

Use of names, logos, etc. may be considered

182.4(2)   In determining whether a person or organization is guilty of an offence under subsection (1), consideration may be given as to whether the material or information includes the use of

(a) a name, logo, likeness of a logo, social media account identifier, user name or domain name that is distinctive and commonly associated with an election participant;

(b) the name, voice, image, likeness, physical description or signature of an individual election participant or a public figure who is associated with an election participant; or

(c) any other matter or thing prescribed by regulation under clause 203(d).

Publication for the purpose of parody or satire

182.4(3)   A person or organization is not guilty of an offence under subsection (1) if the person or organization establishes that the material or information was made, distributed or published for the purpose of parody or satire.

Definition — "election participant"

182.4(4)   In this section, "election participant" means any of the following:

(a) an individual who is

(i) the chief electoral officer or an election official, or

(ii) a candidate or the leader of a registered political party or a person seeking to be a candidate or leader;

(b) a registered political party or a constituency association.

Use of deep fake to influence or undermine confidence in election

182.5(1)   A person or organization who, during a pre-election period or an election period, knowingly makes, distributes or publishes a deep fake with the intention of affecting the results of an election or undermining public confidence in the results or administration of an election and without the consent of the depicted individual is guilty of an offence.

Definitions

182.5(2)   The following definitions apply in this section and in sections 182.6 and 182.8.

"deep fake" means any video recording, motion picture film, sound recording, electronic image or photograph, or any technological representation of speech or conduct that is substantially derived from any of them, that is

(a) so realistic that a reasonable person would believe it depicts speech or conduct of an individual who did not engage in the speech or conduct; and

(b) produced in a manner that is substantially dependent upon technical means, rather than the ability of another individual to physically or verbally impersonate the individual. (« hypertrucage »)

"depicted individual" means an individual in a deep fake who appears to be engaging in speech or conduct in which the individual did not engage. (« particulier représenté »)

Stop notice

182.6(1)   In the circumstances described in subsection (2), the commissioner may give a written notice ("stop notice") to a person or organization requiring the person or organization to take measures necessary to

(a) stop the making, distribution or publishing of a statement or other information or deep fake; and

(b) remove, discontinue and, if applicable, destroy the statement or information or deep fake.

Circumstances for giving stop notice

182.6(2)   A stop notice may be given under subsection (1) if the commissioner has reason to believe that a person or organization, during a pre-election or election period, has failed to comply with one or more of the following provisions:

(a) section 181.1 (impersonation);

(b) section 182.1 (false election information);

(c) section 182.2 (false statement about candidate or leader);

(d) section 182.3 (false statement about election official or voting administration tools);

(e) section 182.4 (unauthorized information);

(f) section 182.5 (deep fake).

Content of stop notice

182.6(3)   The stop notice referred to in subsection (1) must

(a) describe the statement or information or deep fake that the commissioner has reason to believe is not in compliance with this Act;

(b) identify the provisions of this Act that the commissioner has reason to believe the statement or information or deep fake is not in compliance with;

(c) advise the recipient that the commissioner may impose a monetary penalty if the statement or information or deep fake continues to be made, distributed or published;

(d) advise the recipient of the period set out in subsection (4) within which the recipient must comply with the notice; and

(e) advise the recipient of the ability to make a request under subsection (5) for an extension of the period set out in subsection (4).

Compliance within 24 hours

182.6(4)   The recipient of a stop notice referred to in subsection (1) must comply with the notice as soon as reasonably possible but, in any event, not later than 24 hours after receiving the notice.

Extension of time

182.6(5)   The commissioner may extend the period referred to in subsection (4) if the recipient of the stop notice makes a written request for an extension within 12 hours after receiving the notice.

How stop notice is to be given

182.6(6)   A stop notice referred to in subsection (1) must be given in the manner set out on the commissioner's Internet site, and the day the notice is given is as follows:

(a) if it is left with an individual, the day on which it is left with them;

(b) if it is sent by registered mail, the date indicated in the acknowledgment of receipt issued by a post office;

(c) if it is sent by courier, the date indicated in the courier's receipt issued to the sender;

(d) if it is sent by electronic means, the day on which it is sent.

Penalty notice — failure to stop

182.7(1)   Within seven days after the commissioner makes a determination of non-compliance with a stop notice given under subsection 182.6(1), the commissioner must give written notice ("penalty notice") to the person or organization of the non-compliance and the amount of the monetary penalty, calculated in accordance with subsection (2), payable to the chief electoral officer on receipt of the penalty notice given under this subsection.

Amount of penalty

182.7(2)   Unless relief is granted under subsection 182.8(5), a person or organization given a penalty notice under subsection (1) must pay to the commissioner a penalty in the amount of up to $20,000, as determined by the commissioner, for each day the person or organization fails to comply with the stop notice given under subsection 182.6(1).

If further non-compliance

182.7(3)   If, after receiving a penalty notice under subsection (1), a person or organization continues to fail to comply with the stop notice given under subsection 182.6(1), the person or organization is subject to additional monetary penalties calculated in accordance with subsection (2).

Notice of additional penalties

182.7(4)   If a person or organization is subject to additional monetary penalties under subsection (3), the commissioner must give them written notice of the additional amount payable to the chief electoral officer.

Payment

182.7(5)   Subject to the outcome of an application to court for relief, a person or organization required to pay a monetary penalty must pay it within 30 days after notice of the penalty is given.

Amounts to be turned over to Minister of Finance

182.7(6)   The chief electoral officer must turn over the amount of all penalties received under this section to the Minister of Finance to be paid into the Consolidated Fund.

How penalty notice is to be given

182.7(7)   Subsection 182.6(6) (giving a stop notice) also applies to a penalty notice referred to in subsection (1) or (4).

Application to court for relief

182.8(1)   A person or organization that is subject to a monetary penalty under section 182.7 may apply to the court in accordance with this section for relief from the penalty.

Application within 30 days

182.8(2)   An application must be made within 30 days after the commissioner, under subsection 182.7(1) or (4), notifies the person or organization of the non-compliance and the monetary penalty.

Commissioner a party

182.8(3)   The application must be served on the commissioner within seven days after it is filed with the court, and the commissioner is a party to the application.

Court may extend scope

182.8(4)   When, in the case of an application for relief under this section, additional penalties have been imposed under subsection 182.7(3) in relation to the same matter, or penalties have been imposed in relation to another statement or information or deep fake by the same person or organization, the court may extend the scope of the application to include all the monetary penalties.

Court decision

182.8(5)   On hearing the application, the court may do the following:

(a) grant relief from a monetary penalty if the court considers that, in relation to the non-compliance, the person or organization has acted in good faith;

(b) make any order the court considers appropriate to secure compliance with section 181.1 and sections 182.1 to 182.5, as applicable, to the extent the court considers reasonable in the circumstances;

(c) refuse to grant relief.

No offence to be charged if penalty paid

182.9   A person or organization who pays a monetary penalty in respect of a non-compliance with a stop notice must not be charged with an offence respecting that non-compliance unless it continues after the penalty is paid.

31(1)   The following is added before subsection 183(1) and after the centred heading that precedes it:

False statement of candidate's withdrawal

183(0.1)   A person or organization who knowingly makes, distributes or publishes a false statement that a candidate has withdrawn from the election is guilty of an offence.

31(2)   In the following provisions, "or organization" is added after "person":

(a) subsection 183(1);

(b) subsection 183(2) in the part before clause (a);

(c) subsection 183(4);

(d) subsection 183(5) in the part before clause (a);

(e) subsection 183(6).

32   Section 184 is amended by adding "or organization" after "person".

33   Section 185 is replaced with the following:

Penalty for serious offences

185(1)   A person or organization who is guilty of an offence under sections 178 to 183 is liable on conviction

(a) in the case of an individual, to a fine of not more than $10,000, or to imprisonment for a term of not more than one year, or both; and

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

Penalty for other offences

185(2)   A person or organization who is guilty of an offence under this Act not mentioned in subsection (1) is liable on conviction to a fine of not more than $2,000, or to imprisonment for a term of not more than two months, or both.

Status of organization in prosecution

185(3)   A prosecution for an offence under this Act may be brought against an organization in its own name, and the organization is deemed to be a person for the purpose of the prosecution.

Liability of directors and others

185(4)   If a corporation or organization commits an offence under this Act, a director, officer, employee or agent of the corporation or organization who authorized, permitted or acquiesced in the offence commits the same offence, whether or not the corporation or organization has been prosecuted or convicted.

Deemed actions of directors and others

185(5)   An act or thing done or omitted to be done by a director, officer, employee or agent of a corporation or organization within the scope of the individual's authority to act on behalf of the corporation or organization is deemed to be an act or thing done or omitted to be done by the corporation or organization.

34   Section 186.1 is amended by adding "or organization" after "person", wherever it occurs.

35   Subsection 187(2) is amended in the English version by adding "or organization" after "person".

36(1)   Subsection 187.1(1) is amended in the English version by adding "or organization" after "person".

36(2)   Subsection 187.1(2) is amended, in the part before clause (a), by adding "or organization" after "person" wherever it occurs.

36(3)   Subsection 187.1(3) is amended by adding "or organization" after "person".

37   Subsection 187.2(1) is amended in the English version by adding "or organization" after "person" wherever it occurs.

38   Clause 187.6(a) is amended by adding "or organization" after "person".

39   The following is added after clause 203(b):

(c) prescribing types of tools for the purpose of subclause 182.3(c)(iv);

(d) prescribing a matter or thing for the purposes of clause 182.4(2)(c).

PART 3
TRANSITIONAL AND COMING INTO FORCE

Transitional — CEO's term of office

40   The chief electoral officer who holds office on the day section 15 of this Act comes into force continues to hold office for the term that applied to the chief electoral officer on the day the chief electoral officer was appointed.

Coming into force

41(1)   This Act comes into force on January 1, 2026.

41(2)   Subsection (1) applies despite section 117 of The Election Financing Act.