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S.M. 1998, c. 5
THE ELECTIONS FINANCES AMENDMENT AND CONSEQUENTIAL AMENDMENTS ACT
(Assented to June 29, 1998)
HER MAJESTY, by and with the advice and consent of the Legislative Assembly of Manitoba, enacts as follows:
The Elections Finances Act is amended by this Act.
Section 1 is amended
(a) by repealing the definition "advertising expenses";
(b) in the definition "candidate", by repealing clause (c) and substituting the following:
(c) who is not endorsed by a registered political party and who, whether before or after the issue of a writ for an election in an electoral division, declares himself or herself by notice in writing to the Chief Electoral Officer to be a candidate in the next election in the electoral division;
(c) by repealing the definition "chief financial officer" and substituting the following:
"chief financial officer" means the person shown in the registers or records of the Chief Electoral Officer as the chief financial officer of a registered political party; (« agent financier »)
(d) by repealing the definition "donation in kind" and substituting the following:
"donation in kind" means goods and services provided to or for the benefit of a candidate, constituency association or registered political party without compensation from the candidate, constituency association or registered political party, and includes
(a) services of an employee provided by an employer,
(b) goods and services provided by a person or organization who or which is a commercial supplier of those goods and services,
(c) the market value of goods used as election expenses in a previous campaign that are brought forward and re-used, and
(d) a service provided by a self-employed person if the service is normally sold or otherwise charged for by that person,
but does not include
(e) money,
(f) a service provided without compensation by a person outside the person's working hours, other than a service described in clause (d), and
(g) the services of any person who serves without compensation as a chief financial officer, an official agent or a legal counsel to a candidate or a registered political party; (« don en nature »)
(e) by repealing the definition "election expenses" and substituting the following:
"election expenses" means
(a) money spent or liabilities incurred, and
(b) the value of donations in kind accepted,
before or during an election period in respect of goods or services used during the election period to support or oppose, directly or indirectly, a candidate or registered political party in the election, and without restricting the generality of the foregoing, includes money spent or liabilities incurred, and the value of donations in kind accepted, prior to or during an election period in respect of
(c) advertising, including related production expenses,
(d) the services of any person who is compensated for acting as official agent, organizer, manager, office worker or other campaign worker,
(e) the services of any person to run as a candidate, except by way of paid leave of absence under a collective agreement or other employment agreement,
(f) transportation, accommodation and food and refreshment for candidates, campaign workers and leaders of registered political parties,
(g) reasonable personal expenses, including related child care expenses, incurred by a candidate in an election period to enable the candidate to campaign in an election,
(h) rental or purchase of office space, including office equipment and supplies and costs of utilities such as telephones, hydro service, and heating,
(i) hall rental and other meeting space,
(j) posters, leaflets, pamphlets, letters, cards and other promotional material,
(k) signs and banners,
(l) lumber and other structural supports for signs and banners,
(m) mailing or other distribution of election materials,
(n) a reasonable portion of the cost of capital assets,
(o) the value of direct costs to make or acquire an inventory of goods,
(p) fundraising functions, and
(q) goods which were acquired in a previous election but not used,
but does not include money spent or liabilities incurred, and the value of donations in kind accepted, in respect of
(r) a leadership convention or other conference or convention of a registered political party,
(s) meetings to nominate candidates for an election,
(t) reasonable expenses incurred in the operation of any permanent office of a registered political party, including salaries and wages paid to permanent staff members working in the office during the election period,
(u) auditor's fees,
(v) any recount for an election in an electoral division,
(w) a commentary, letter to the editor or similar expression of opinion of a kind normally published without charge in a newspaper, magazine or other periodical publication or normally broadcast without charge on radio or television,
(x) polling costs,
(y) reasonable expenses incurred by a disabled candidate in relation to a candidate's disability to enable the candidate to campaign in an election period,
(z) a service provided without compensation by a person outside the person's working hours, other than a service provided by a self-employed person if the service is normally sold or otherwise charged for by that person,
(aa) the services of any person who serves without compensation as a chief financial officer, an official agent or a legal counsel to a candidate or registered political party, and
(bb) goods or services used after 8 p.m. on polling day including goods and services used after 8 p.m. on polling day for social functions and for communicating with voters and campaign workers; (« dépenses électorales »)
(f) by repealing the definition "revised voters lists";
(g) by adding the following definitions in alphabetical order:
"final voters lists"means all the voters lists for all the polling subdivisions in the electoral division as finally revised including all voters added to the voters lists before the end of the day on polling day; (« liste électorale définitive »)
"official agent" means the person appointed as the official agent of the candidate in the nomination papers of the candidate, or subsequently appointed by the candidate as a replacement by notice in writing to the Chief Electoral Officer; (« agent officiel »)
"opinion polling survey" means a survey of the opinions of voters that is based on accepted statistical and scientific polling methodology and standards and that does not in any manner promote or oppose a candidate or a registered political party during an election; (« sondage sur les intentions de vote »)
"polling costs" means the direct costs of designing, conducting and analyzing an opinion polling survey, but does not include the costs of direct mail campaigning or other activities undertaken based on the results of an opinion polling survey; (« dépenses de sondage »)
"transfer" means money, goods or services provided among registered political parties, constituency associations and endorsed candidates, without compensation from the entity or candidate that receives the money, goods or services; (« transfert »)
The following heading is added before section 3:
The following is added after subsection 4(1):
The leader of a registered political party shall advise the Chief Electoral Officer of the name and address of his or her party's advisory committee representative.
Section 6 is amended
(a) by repealing subclauses (b)(ii) and (iii) and substituting the following:
(ii) chief financial officers of registered political parties and deputies authorized to act for chief financial officers of registered political parties, and
(iii) official agents of candidates and deputies authorized to act for official agents of candidates;
(b) in clause (c), by striking out "registered political parties, and their chief financial officers," and substituting "their official agents and registered political parties and their chief financial officers"; and
(c) in clause (h), by striking out everything after "candidates" and substituting ", official agents, registered political parties, chief financial officers and their auditors; and".
The following is added after section 6:
Delegation by Chief Electoral Officer
The Chief Electoral Officer may delegate in writing to any person on his or her staff authority to exercise any power and perform any duty, other than those mentioned in section 91, assigned to the Chief Electoral Officer by this Act.
No proceeding shall be instituted against the Chief Electoral Officer or any person employed under the Chief Electoral Officer for any act done in good faith in the performance or intended performance of a duty or in the exercise or intended exercise of a power under this Act, or for any neglect or default in the performance or exercise in good faith of the duty or power.
The following heading is added before section 7:
CHIEF FINANCIAL OFFICERS, OFFICIAL AGENTS AND THEIR DEPUTIES
Subsection 7(3) is amended by striking out "Upon appointing a chief financial officer, the registered political party" and substituting "On the appointment of a chief financial officer by a registered political party, the leader of the registered political party".
Section 8 is repealed and the following is substituted:
Appointment of deputy financial officers and official agents
Subject to section 8.1, the chief financial officer of a registered political party and the official agent of a registered candidate may appoint persons to be deputies to act in the issuing of tax receipts for contributions received by or on behalf of the registered political party or registered candidate, as the case may be.
Notice of appointment to Chief Electoral Officer
On appointing a deputy under subsection (1), the chief financial officer or official agent, as the case may be, shall immediately notify the Chief Electoral Officer in writing of the deputy's name and address and file with the Chief Electoral Officer the deputy's written consent to act in that capacity.
The following is added after section 8:
Candidate not eligible to act as chief financial officer
No candidate is eligible to act as a chief financial officer or deputy chief financial officer.
Candidate not eligible to act as official agent
No candidate is eligible to act as his or her own official agent or deputy official agent or as the official agent or deputy official agent of another candidate.
Subsection 10(1) is amended by repealing clauses (a) to (g) and substituting the following:
(a) accounts are maintained in a financial institution in the name of the registered political party;
(b) records are kept of receipts, including contributions and other income;
(c) tax receipts are issued;
(d) records are kept of all expenses, including election expenses;
(e) records are kept of transfers received and disbursed;
(f) records are kept of all assets and liabilities; and
(g) financial statements and returns, in prescribed form, are filed with the Chief Electoral Officer;
The following is added after subsection 10(2):
Accounts of constituency associations
The person responsible for the finances of a constituency association is responsible for ensuring that
(a) accounts are maintained in a financial institution in the name of the constituency association; and
(b) records are kept of all income, including contributions and transfers.
The following is added after subsection 10(3):
Notice of intent to appoint official agent
Every candidate nominated by a constituency association of a registered political party before an election period shall, within 15 days after being nominated by the constituency association, notify the Chief Electoral Officer in writing in accordance with subsection (3.3) of the person the candidate intends to appoint as official agent on the nomination paper under section 53 of The Elections Act.
Notice of intent of candidate who is not endorsed
Every candidate who is not endorsed by a registered political party and who makes a declaration of candidacy before an election period shall, within 15 days after making that declaration, notify the Chief Electoral Officer in writing in accordance with subsection (3.3) of the person the candidate intends to appoint as official agent on the nomination paper under section 53 of The Elections Act.
Form of notice to Chief Electoral Officer
The notice required under subsection (3.1) or (3.2) shall be in writing, shall include the name, address and telephone number of the person who is to be appointed as the official agent of the candidate and shall be signed by the candidate and the person who has consented to be appointed as the candidate's official agent.
Where, before an election period, it is determined that the person named in a notice under subsection (3.1) or (3.2) will not be the official agent appointed on the nomination paper under section 53 of The Elections Act, the candidate shall immediately notify the Chief Electoral Officer in writing in accordance with subsection (3.3) of the person the candidate intends to appoint as official agent on the nomination paper under section 53 of The Elections Act.
Subsection 10(4) is repealed and the following is substituted:
Responsibilities of candidate's official agent
In addition to the other powers, duties and functions of an official agent under this Act and the regulations, the official agent of a candidate is responsible for ensuring that
(a) accounts are maintained in a financial institution in the name of the candidate;
(b) records are kept of receipts, including contributions and other income;
(c) if the candidate is registered, tax receipts are issued;
(d) records are kept of all expenses, including election expenses;
(e) records are kept of transfers received and disbursed;
(f) records are kept of all assets and liabilities; and
(g) financial statements and returns, in prescribed form, are filed with the Chief Electoral Officer;
by or on behalf of the candidate in accordance with this Act.
Subsection 10(5) is amended by striking out "chief financial officer" and substituting "official agent".
The following is added after section 10:
A person required to maintain an account under section 10 shall
(a) deposit in that account all money provided to the registered political party, constituency association or candidate, as the case may be; and
(b) subject to subsection (2), from that account, make all disbursements, including transfers, for the registered political party, constituency association or candidate, as the case may be.
A person who makes a disbursement out of an account described in section 10 shall ensure that every disbursement is substantiated by an invoice or voucher as proof of payment.
No person shall deposit in an account described in section 10 any money other than,
(a) in the case of an account in the name of a registered political party, money relating solely to the political party;
(b) in the case of an account in the name of a constituency association, money relating solely to the constituency association; and
(c) in the case of an account in the name of a candidate, money relating solely to the candidate.
AUDITORS
A financial statement required to be audited under this Act shall be audited by a professional accountant who is a registered member in good standing of an institute, association or society of accountants established by an Act of the Legislature, or by a firm of professional accountants all of the partners of which are so registered.
No election officer or enumerator, appointed under The Elections Act, or candidate, official agent of a candidate or chief financial officer of a registered political party or any person involved in the raising or spending of money or the custody of property of a candidate or registered political party shall act as an auditor for a candidate or registered political party.
An auditor engaged to express an opinion about financial statements under this Act shall hold himself or herself free from any influence, interest or relationship in respect of the client's affairs that would, or would in the view of a reasonable person, impair the auditor's professional judgment or objectivity.
Candidate shall appoint auditor
Not later than the time of filing nomination papers under The Elections Act, every candidate shall appoint an auditor and shall provide to the Chief Electoral Officer, in the prescribed form, the auditor's name, address and telephone number and the auditor's signed consent to act in that capacity.
If an auditor for a registered political party or for a candidate ceases to act for any reason, the candidate or the leader of the registered political party, as the case may be, shall without delay appoint another auditor, and shall provide to the Chief Electoral Officer, in writing, the auditor's name, address and telephone number and the auditor's signed consent to act in that capacity.
The following heading is added before section 11:
REGISTRATION OF POLITICAL PARTIES
Clause 11(1)(a) is repealed and the following is substituted:
(a) shall be in prescribed form and shall include
(i) the proposed registered name of the political party and the proposed registered abbreviation if an abbreviated name is to be used,
(ii) a designation of the one name or abbreviation provided under subclause (i) that is to be used as the name of the registered political party on a ballot for the purposes of subsection 73(8) of The Elections Act,
(iii) the name, address and telephone number of the leader, the chief financial officer and the president of the political party; and
(iv) the name, address and telephone number of the auditor of the political party and the auditor's signed consent to act in that capacity; and
Clause 12(c) is repealed and the following is substituted:
(c) the political party files with the Chief Electoral Officer, before the beginning of an election period of an election or by-election, a complete and accurate petition for registration in prescribed form signed by not fewer than 2,500 persons who were eligible voters during the most recent general election before the application, and the petition for registration is approved by the Chief Electoral Officer before the beginning of the election period of the election or by-election.
Section 15 is repealed and the following is substituted:
Restrictions on names and logos of registered parties
The Chief Electoral Officer shall not register a political party
(a) if the name of the political party, the abbreviation of the name or the logo of the political party includes the word "Independent" or any abbreviation of the word "Independent"; or
(b) if, in the opinion of the Chief Electoral Officer, the name of the political party, the abbreviation of the name or the logo of the political party so nearly resembles the name, abbreviation of the name or logo of a registered political party as to be likely to cause confusion.
Section 18 is amended
(a) by adding "the leader of" after "application for registration of a registered political party,"; and
(b) by renumbering the section as subsection 18(1) and by adding the following as subsection 18(2):
The Chief Electoral Officer shall not vary the register to change the registered name, the registered abbreviation of the name or the registered logo of a registered political party unless he or she is satisfied that the change otherwise meets the requirements of this Act.
The following heading is added before section 19:
Clause 19(1) is amended by striking out "chief financial officer and two other officers" and substituting"leader, the chief financial officer and the president".
Clause 19(2)(d) is amended by adding
", abbreviation or logo" after "name".
Subsection 19(3) is amended by striking out "to the political party; and the political party" and substituting "to the leader, the chief financial officer and the president of the registered political party named in an application under section 11, and any one of them".
Subsection 19(4) is amended by striking out "representatives" and substituting "the leader and any one or more other responsible officers".
The following is added after subsection 19(7):
Reporting by deregistered political parties
Where a political party is deregistered in a year, subsection 57(2) and sections 58, 59, 60, 62, 63, 69 and 83 apply with any necessary changes to the deregistered political party with respect to that part of the year during which the political party was registered.
Subsection 21(2) is amended by striking out everything after "in trust for the political party".
The following is added after subsection 21(2):
Where political party registers within two years
Where a deregistered political party becomes registered within two years following deregistration and substantiates to the satisfaction of the Chief Electoral Officer that it is the party that was previously deregistered for which money has been held in trust under subsection (2), the Chief Electoral Officer shall turn the money held in trust and accumulated interest over to the registered political party.
Where political party does not register within two years
Where the deregistered political party does not meet the requirements of subsection (3), the Chief Electoral Officer shall turn the money held in trust and accumulated interest over to the Minister of Finance to be paid into the Consolidated Fund.
The following heading is added before section 25:
The following heading is added before section 32:
Subsection 33(1) is repealed and the following is substituted:
Where a candidate or political party is registered under this Act, no person except
(a) the chief financial officer of the registered political party or his or her deputy appointed under section 8; or
(b) the official agent of the candidate or his or her deputy appointed under section 8;
shall issue tax receipts for contributions received by or on behalf of the political party or candidate, as the case may be.
Subsection 33(2) is amended by striking out "chief financial officer" and substituting "official agent".
Section 35 is amended
(a) by striking out "subsection 43(4)" and substituting "subsections 43(4) and 44.1(6)"; and
(b) by striking out "or a duly authorized deputy of the chief financial officer" and substituting "of the registered political party or his or her authorized deputy or the official agent of the candidate or his or her authorized deputy, as the case may be,".
Section 36 is repealed and the following is substituted:
Tax receipts only for contributions in form of money, cheque or similar instrument
No person shall issue a tax receipt for a contribution provided to a registered political party or a registered candidate unless the contribution is in the form of money or cheque, credit card receipt or other similar instrument issued by the person making the contribution.
No tax receipts for donations in kind, services
For greater certainty, no person shall issue a tax receipt for a donation in kind made to or for the benefit of a registered political party or a registered candidate or for services described in clause (z) or (aa) of the definition "election expenses" in section 1.
The following heading is added before section 38:
Clauses 38(1)(a) and (b) are repealed and the following is substituted:
(a) in the case of a candidate, by his or her official agent;
(b) in the case of a registered political party, by its chief financial officer; and
(c) in the case of a constituency association, by the person responsible for its finances.
Clauses 40(3)(a) and (b) are repealed and the following is substituted:
(a) in the case of a candidate, by his or her official agent;
(b) in the case of a registered political party, by its chief financial officer; and
(c) in the case of a constituency association, by the person responsible for its finances.
Subsection 41(3) is amended by striking out "candidate or registered political party," and substituting "registered political party, the official agent of the candidate".
The following is added after section 41:
Contributions in expectation of compensation
No person or organization shall make a contribution with the expectation that a reimbursement or other compensation will be paid to the person or organization by another person or organization for all or part of the value of the contribution.
Reimbursement of contributions
No person or organization shall reimburse or otherwise compensate or offer to reimburse or otherwise compensate any person or organization for all or any part of the value of a contribution.
Accepting contributions that are to be reimbursed
No person or organization shall accept a contribution knowing that the donor expects to be reimbursed or otherwise compensated by any person or organization for all or any part of the value of the contribution.
Subsection 43(3) is amended by striking out "candidate or registered political party," and substituting "registered political party, the official agent of the candidate".
The following heading is added before section 44:
Subsection 44(2) is amended by striking out " any candidate endorsed by the registered political party" and substituting "the candidate endorsed by the registered political party, but shall not transfer money, goods or services to any other candidate, registered political party or constituency association".
Subsection 44(3) is amended by adding "or to another candidate" at the end.
Subsection 44(4) is amended
(a) in the part preceding clause (a), by striking out "year" and substituting "campaign period or candidacy period, as the case may be,";
(b) in subclause (a)(i), by striking out "year" and substituting "campaign period or candidacy period, as the case may be,"; and
(c) in subclause (a)(ii), by striking out "year" and substituting "campaign period or candidacy period, as the case may be".
Subsection 44(5) is amended by striking out "candidate or registered political party," and substituting "registered political party, the official agent of the candidate".
The following is added after section 44:
LOANS
Subject to this section, a loan to a registered political party, a candidate or a constituency association is not a contribution.
Loans for lesser rate of interest
If a loan is made to a registered political party, a candidate or a constituency association at a rate of interest that is less than the prime rate of the government's principal banker at the time the rate of interest on the loan is fixed, the difference between the amount of interest that would be payable at that prime rate and the amount being charged for the loan is deemed to be a contribution.
If a loan is made to a registered political party, a candidate or a constituency association and a payment on the loan is made by someone other than the debtor, subject to section 44.5, the amount of the payment is deemed to be a contribution.
If a loan to a registered political party, a candidate or a constituency association remains unpaid six months after becoming due and no legal proceedings to recover the debt have been commenced by the creditor, the amount of the debt owed is deemed to be a contribution.
Nothing in subsection (4) affects the rights of a creditor in relation to the debt.
No tax receipt for deemed contributions
No tax receipts shall be issued for amounts that are deemed to be contributions under this section.
Requirements regarding loan agreements
A loan agreement for a loan to a registered political party, a candidate or a constituency association shall
(a) be in writing;
(b) set out the amount of the loan, the term of the loan, the name and address of the lender, the name and address of any guarantor and the details of any assignment of reimbursement made by the debtor; and
(c) be filed with the Chief Electoral Officer at the time of filing a statement under section 59, 60, 61 or 67, as the case may be.
Information regarding the balance remaining unpaid on a loan shall be provided to the Chief Electoral Officer
(a) by the chief financial officer of a registered political party, the official agent of a candidate or the person responsible for the finances of a constituency association at the time of filing a statement under section 59, 60, 61 or 67; and
(b) in the case of a candidate, within 30 days after the end of each year in which the balance owing on the loan is $250. or more.
No loans from candidates to others
A candidate shall not lend money raised for the purposes of an election to another person or to any organization.
Constituency association loans
A constituency association may lend money only to its registered political party or its nominated candidate.
In the case of loan agreements among any of registered political parties, constituency associations or candidates, the following are deemed to be transfers:
(a) if the rate of interest on the loan is less than the prime rate of the government's principal banker at the time the rate of interest on the loan is fixed, the difference between the amount of interest that would be payable at that prime rate and the amount being charged for the loan;
(b) the amount of any payment on the loan that is not made by the debtor but is made by a registered political party, constituency association or candidate; and
(c) the amount of any loan that remains unpaid 12 months after becoming due.
The English version of section 46 is amended
(a) in the section heading, by striking out "Transfered" and substituting "Transferred"; and
(b) in the section, by striking out "transfered" wherever it occurs and substituting "transferred".
Section 47, as enacted by R.S.M. 1987, c. E32, is repealed.
Section 48, as enacted by R.S.M. 1987, c. E32, is repealed and the following is substituted:
AUTHORIZATION OF ELECTRONIC AND PRINTED MATERIAL
Authorization for printed material
No candidate or registered political party, and no person acting on behalf of and with the knowledge and consent of a candidate or registered political party, shall print, publish or distribute during an election period
(a) an advertisement
(i) in a newspaper, magazine or other periodical publication, or
(ii) on a billboard, bus or other property normally used for purposes of commercial advertising; or
(b) a poster, leaflet, letter, card or other promotional material;
(c) a sign or banner;
the purpose of which is to support or oppose, directly or indirectly, a candidate or registered political party in the election or print, publish or distribute any other campaign material intended for public distribution, unless the advertisement, promotional material, sign or banner or other campaign material is authorized in writing by the chief financial officer of the registered political party or the official agent of the candidate and has printed on it a statement of that authorization.
Exception for expressions of opinion
Clause (1)(b) does not include a commentary, letter to the editor or similar expression of opinion of a kind normally published without charge in a newspaper, magazine or other periodical publication.
Authorization for electronic medium
No candidate or registered political party, and no person acting on behalf of and with the knowledge and consent of a candidate or registered political party, shall during an election period cause to appear on radio or television or any other electronic medium any advertisement the purpose of which is to support or oppose, directly or indirectly, a candidate or registered political party in the election or cause to appear any other campaign material intended for public distribution, unless the advertisement or other campaign material is authorized in writing by the chief financial officer of the registered political party or the official agent of the candidate and a statement of the authorization is announced or shown with it.
When the candidacy period of a candidate begins before the appointment of the candidate's official agent, the candidate shall provide the authorization referred to in subsections (1) and (3) in respect of any advertisement, promotional material, sign or banner or other campaign material intended for public distribution prepared before the appointment of the official agent.
Section 49, as enacted by R.S.M. 1987, c. E32, is repealed.
Clauses 50(1)(a) and (b) are repealed and the following is substituted:
(a) in the case of a registered political party in relation to a general election, the amount determined by multiplying $1.40 by the number of names on the final voters lists for all the electoral divisions in which the registered political party endorses candidates; and
(b) in the case of a registered political party in relation to a by-election in an electoral division, the amount determined by multiplying $2.60 by the number of names on the final voters lists for the electoral division.
Clauses 50(2)(a) and (b) are repealed and the following is substituted:
(a) in the case of a candidate in an electoral division having an area of less than 30,000 square miles, the amount determined by multiplying $2.20 by the number of names on the final voters lists for the electoral division; and
(b) in the case of a candidate in an electoral division having an area of 30,000 square miles or more, the amount determined by multiplying $3.50 by the number of names on the final voters lists for the electoral division.
Section 52 is repealed and the following is substituted:
Variation of limitations on expenses
For the purposes of any election held after the coming into force of this section, the maximum amount to be permitted on a per voter basis for election expenses under section 50 shall be increased or decreased in accordance with the percentage change in the Consumer Price Index for The City of Winnipeg published by Statistics Canada from June 1996 to the second month immediately preceding the month during which the writ or writs of election is or are issued in accordance with the following formula:
M = A x I B
In this formula,
M is the maximum amount to be permitted on a per voter basis for election expenses in the election;
A is the maximum amount permitted on a per voter basis for election expenses under section 50;
I is the consumer price index for The City of Winnipeg published by Statistics Canada for the second month immediately preceding the month during which the writ or writs of election is or are issued;
B is the Consumer Price Index for The City of Winnipeg published by Statistics Canada for June 1996.
Section 53 is amended by striking out "and advertising expenses".
Section 54 is repealed and the following is substituted:
The Chief Electoral Officer or the returning officer on the direction of the Chief Electoral Officer shall for each electoral division, as soon as it is practicable,
(a) add up the number of names on the voters lists in the electoral division as revised up to the end of the second Thursday before polling day; and
(b) advise every candidate in the electoral division and every registered political party of the number of names on the voters lists.
The Chief Electoral Officer or the returning officer on the direction of the Chief Electoral Officer shall for each electoral division, as soon as it is practicable,
(a) add up the number of names on the voters lists in the electoral division as the lists exist at the end of the day on polling day; and
(b) advise every candidate in the electoral division and every registered political party of the number of names on the final voters lists.
Subsections 55(1) and (2) are amended by striking out "chief financial officer of the candidate or" and substituting "official agent of the candidate or the chief financial officer of the"
Subsection 55(3) is amended
(a) in the section heading, by adding "or official agent"; and
(b) by repealing clauses (a) and (b) and substituting the following:
(a) the official agent of a candidate;
(b) the chief financial officer of a registered political party; or
(c) a person or organization acting on behalf of a candidate or registered political party with the knowledge and consent of the official agent of the candidate or the chief financial officer of the registered political party, as the case may be;
Subsection 55(4) is amended by striking out "chief financial officer" and substituting "official agent".
Subsection 55(5) is amended by striking out "candidate or registered political party" and substituting "registered political party or the official agent of the candidate".
The following heading is added before section 56:
The English version of clause 56(1)(b) is amended by striking out "divison" and substituting "division".
The following heading is added before section 57:
FINANCIAL STATEMENTS AND RETURNS
Subsection 57(2) is amended by striking out "candidate or registered political party," and substituting "registered political party, the official agent of the candidate".
Section 58 is amended by striking out "constituency association and" and substituting "person responsible for the finances of a constituency association and chief financial officer of a".
Clause 60(b) is amended by striking out ", including advertising expenses,".
Section 61 is repealed and the following is substituted:
Within 30 days after the end of the campaign period of an election, the official agent of every candidate shall file with the Chief Electoral Officer an audited statement setting out
(a) all receipts and income, including contributions and other income, of the candidate during the candidacy period;
(b) all disbursements, including the election expenses, of the candidate during the candidacy period;
(c) all transfers received and disbursed;
(d) the assets and liabilities of the candidate at the end of the candidacy period; and
(e) in the case of a disabled candidate, the reasonable expenses incurred by the candidate in relation to his or her disability to enable the candidate to campaign in the election period;
together with the auditor's report for the financial statement.
Section 64 is amended
(a) in the part preceding clause (a), by striking out "chief financial officer" and substituting "official agent"; and
(b) in clause (d) in the part preceding subclause (i), by striking out "any constituency association" and substituting "the constituency association".
Section 65 is amended
(a) by striking out "chief financial officer" wherever it occurs and substituting "official agent"; and
(b) by striking out "contributions, transfers and election expenses" and substituting "receipts, expenses, transfers and assets and liabilities".
Subsection 66(3) is amended by striking out "prior to the appointment of a chief financial officer of the candidate" and substituting "before appointing an official agent".
Section 67 is amended by renumbering the section as subsection 67(1) and by adding the following as subsection 67(2):
Application to constituency associations for new electoral divisions
For greater certainty, this section applies to every constituency association for an existing electoral division and to every constituency association formed in anticipation of the coming into force of new electoral division boundaries.
Section 68 is repealed and the following is substituted:
Definition, "campaign deficit"
In this section "campaign deficit" means a deficit as defined in subsection 75(1) remaining after deducting any reimbursement under section 72 as varied by section 73.
Elimination of candidate's campaign deficit
Within 30 days after the end of the year, every candidate with a campaign deficit shall file with the Chief Electoral Officer a return setting out
(a) the amount of the campaign deficit that remains outstanding;
(b) if the campaign deficit has been reduced or eliminated, the total amounts of contributions, transfers or other funds used to reduce or eliminate the campaign deficit; and
(c) if the candidate received, after the end of the campaign period, contributions from any person or organization which in any year have an aggregate value of $250. or more,
(i) the name and address of the person or organization, and
(ii) the aggregate value of the contributions from that person or organization to the candidate during the year.
Subsection 69(1) is amended
(a) in the section heading, by adding "or official agent" after "chief financial officer"; and
(b) in the subsection,
(i) in the part preceding clause (a), by striking out "candidate or registered political party" and substituting "registered political party or the official agent of a candidate",
(ii) in clause (a), by striking out "chief financial officer" and substituting "official agent"; and
(iii) in clause (b), by striking out "other responsible officer" and substituting "the president".
The following heading is added before section 71:
REIMBURSEMENT OF ELECTION EXPENSES
Subsection 71(1) is amended by adding "and in any event not later than 90 days" after "Forthwith".
Clause 71(3)(b) is amended by striking out "$250." and substituting "$600.".
62(3) The following is added after subsection 71(3):
The reimbursement or part of it may be paid to any person to whom the registered political party, pursuant to a loan agreement for a loan made to the registered political party in relation to financing election expenses, has assigned the right to receive the reimbursement or part of it, if
(a) the loan agreement has been filed with the Chief Electoral Officer in accordance with section 44.2;
(b) the chief financial officer of the registered political party has confirmed, at the time and in the manner prescribed by the Chief Electoral Officer, the balance owing on the loan; and
(c) in the event that the registered political party has assigned the right to receive the reimbursement or part of it to more than one lender, the Chief Electoral Officer has been given direction by the chief financial officer of the registered political party as to the order of payment.
Subsection 72(1) is amended by adding "and in any event not later than 90 days" after "Forthwith".
Subsection 72(2) is amended by striking out "and" after clause (c), by adding "and" after clause (d) and by adding the following as clause (e):
(e) in the case of a disabled candidate, set out the reasonable expenses incurred by the disabled candidate in relation to his or her disability to enable the candidate to campaign in the election period.
Subsection 72(3) is amended
(a) in clause (a), by striking out " chief financial officer" and substituting "official agent";
(b) by adding the following after clause (a):
(a.1) in the case of a disabled candidate, pay out of the Consolidated Fund to the official agent of the candidate the full amount of reasonable expenses incurred by the disabled candidate in relation to his or her disability to enable the candidate to campaign in the election period; and
(c) in clause (b), by striking out "$250." and substituting "$600.".
The following is added after subsection 72(3):
The reimbursement or part of it may be paid to any person to whom the candidate, pursuant to a loan agreement for a loan made to the candidate in relation to financing election expenses, has assigned the right to receive the reimbursement or part of it, if
(a) the loan agreement has been filed with the Chief Electoral Officer in accordance with section 44.2;
(b) the official agent of the candidate has confirmed, at the time and in the manner prescribed by the Chief Electoral Officer, the balance owing on the loan; and
(c) in the event that the candidate has assigned the right to receive the reimbursement or part of it to more than one lender, the Chief Electoral Officer has been given direction by the official agent of the candidate as to the order of payment.
The following is added after section 73:
Advance on reimbursement to chief financial officer
The Minister of Finance shall, on the certificate of the Chief Electoral Officer, pay out of the Consolidated Fund to the chief financial officer of a registered political party who has filed an audited statement under section 60 and a return regarding contributions under section 62, subject to subsection (7), an amount equal to 50% of the estimated reimbursement otherwise payable under section 71 as varied by section 73.
Subject to subsection (8), the Chief Electoral Officer shall forward the certificate required under subsection (1) to the Minister of Finance within 15 days after receiving an audited statement under section 60 and a return regarding contributions under section 62.
Where a payment is made under subsection (1),
(a) the reimbursement to be paid under section 71 as varied by section 73 shall be reduced accordingly; and
(b) if the reimbursement to be paid under section 71 as varied by section 73 is less than the payment made under subsection (1), the chief financial officer of the registered political party shall immediately pay to the Minister of Finance the amount of the overpayment.
Advance on reimbursement to official agent
The Minister of Finance shall, on the certificate of the Chief Electoral Officer, pay out of the Consolidated Fund to the official agent of a candidate who has filed an audited statement under section 61 and a return regarding contributions under section 64, subject to subsection (7), an amount equal to 50% of the estimated reimbursement otherwise payable under section 72 as varied by sections 73, 76 and 77.
Subject to subsection (8), the Chief Electoral Officer shall forward the certificate required under subsection (4) to the Minister of Finance within 15 days after receiving an audited statement under section 61 and a return regarding contributions under section 64.
Where a payment is made under subsection (4)
(a) the reimbursement to be paid under section 72 as varied by sections 73, 76 and 77 shall be reduced accordingly; and
(b) if the reimbursement to be paid under section 72 as varied by sections 73, 76 and 77 is less than the payment made under subsection (4), the official agent of the candidate shall immediately pay to the Minister of Finance the amount of the overpayment.
Advance payment applied first to assignments
An advance under subsection (1) or (4) or part of it shall be paid to any person to whom the registered political party or the candidate, as the case may be, has assigned the right to receive all or part of a reimbursement in a loan agreement filed with the Chief Electoral Officer under section 44.2.
No advance payable if returns not in order
The Chief Electoral Officer may refuse to issue a certificate to authorize an advance under this section if, in the opinion of the Chief Electoral Officer, the statements and returns filed by the registered political party or the candidate, as the case may be, do not satisfy the requirements of the Act.
Subsection 74(2) is amended by striking out "$250." and substituting "$600."
Sections 75 to 77 are repealed and the following is substituted:
Calculation of candidate's surplus or deficit, definitions
In this section and sections 76 to 77.1,
"deficit" means the amount by which expenditures exceed receipts; (« déficit »)
"expenditures" means the total of
(a) the amount of money spent and liabilities incurred by the candidate for election expenses, not including donations in kind,
(b) the amount of money paid in the candidacy period in the form of transfers, not including goods and services,
(c) loan interest from the close of polls to the end of the candidacy period in relation to the financing of election expenses, and
(d) bank charges from the close of polls to the end of the candidacy period; (« dépenses »)
"receipts" means the total amount of money received by a candidate in the candidate's candidacy period in the form of
(a) contributions, not including donations in kind,
(b) transfers, not including goods and services,
(c) revenue from fundraising functions, and
(d) other income; (« rentrées de fonds »)
"surplus" means the amount by which receipts exceed expenditures. (« excédent »)
If a candidate has a surplus, the candidate's official agent shall pay the surplus
(a) to the chief financial officer of the registered political party, if the candidate is endorsed by a registered political party; and
(b) to the Chief Electoral Officer to be held in trust in accordance with subsection (3), if the candidate is not endorsed by a registered political party.
The Chief Electoral Officer shall hold the amounts paid to him or her under clause (2)(b) in trust for the candidate, and shall turn over the amounts held in trust and the accumulated interest
(a) to the candidate, if the candidate is a candidate in the next following election; or
(b) to the Minister of Finance to be paid into the Consolidated Fund, if the candidate is not a candidate in the next following general election.
Payment of reimbursement in case of surplus or balanced receipts and expenditures
If a candidate has a surplus or if the amount of the candidate's receipts is equal to the amount of his or her expenditures,
(a) in the case of a candidate who is endorsed by a registered political party, the reimbursement otherwise payable to the candidate under section 72, as varied by section 73, shall instead be paid to the chief financial officer of the registered political party; and
(b) in the case of a candidate who is not endorsed by a registered political party, no reimbursement is payable.
Payment of reimbursement in case of deficit
If a candidate has a deficit, the reimbursement is payable in accordance with this section.
If reimbursement not reduced for overspending
If the reimbursement calculated under section 72 is not reduced for overspending under section 73, the Minister of Finance, on the certificate of the Chief Electoral Officer, shall
(a) if the candidate is endorsed by a registered political party,
(i) pay out of the Consolidated Fund to the candidate's official agent the lesser of
(A) the amount of the reimbursement, and
(B) the amount of the candidate's deficit, and
(ii) pay out of the Consolidated Fund to the chief financial officer of the registered political party, the amount, if any, by which the candidate's reimbursement exceeds the candidate's deficit; and
(b) if the candidate is not endorsed by a registered political party, pay out of the Consolidated Fund to the candidate's official agent the lesser of
(i) the amount of the reimbursement, and
(ii) the amount of the candidate's deficit.
If reimbursement reduced for overspending
If the reimbursement under section 72 is reduced for overspending under section 73, the Minister of Finance, on the certificate of the Chief Electoral Officer, shall make the following payments out of the Consolidated Fund:
(a) in the case of a candidate who is endorsed by a registered political party, the Minister of Finance shall pay
(i) to the official agent of the candidate, the amount that would otherwise be paid to the official agent of the candidate under subclause (2)(a)(i), less the amount of the reduction as determined under section 73, and
(ii) to the chief financial officer of the registered political party, any amount of reduced reimbursement remaining after the payment under subclause (i); and
(b) in the case of a candidate who is not endorsed by a registered political party, the Minister of Finance shall pay to the candidate's official agent the amount that would otherwise be paid to the official agent of the candidate under clause (2)(b), less the amount of the reduction as determined under section 73.
Candidate's surplus in case of withdrawal
When a candidate withdraws from an election and at the time of withdrawal the candidate has a surplus, the candidate's official agent shall pay the excess amount
(a) to the chief financial officer of the registered political party, if the candidate is endorsed by a registered political party; and
(b) to the Chief Electoral Officer to be held in trust for the candidate, if the candidate is not endorsed by a registered political party.
A candidate who withdraws from an election before the appointment of an official agent shall pay the excess amount in accordance with subsection (1).
The Chief Electoral Officer shall hold the amount paid to him or her under clause (1)(b) in trust for the candidate, and shall turn the amount held in trust and the accumulated interest over
(a) to the candidate, if the candidate is a candidate in the next following election; or
(b) to the Minister of Finance to be paid into the Consolidated Fund, if the candidate is not a candidate in the next following general election.
RECORDS
Notwithstanding any other Act, every record relating to the administration of this Act that is in the possession of a department or branch of the executive government or a Crown agency is deemed to be and always to have been in the sole custody and under the sole control of the Chief Electoral Officer.
In subsection (1), "record" means any kind of recorded information regardless of its physical form or characteristics.
INVESTIGATIONS
Investigations by the Chief Electoral Officer
The Chief Electoral Officer may conduct an investigation of any matter that might constitute a contravention of this Act.
Chief Electoral Officer may appoint investigator
The Chief Electoral Officer may appoint a person to conduct an investigation on his or her behalf under this section, and such a person has the same powers and duties as the Chief Electoral Officer has under this section.
The Chief Electoral Officer may require any person who, in the opinion of the Chief Electoral Officer, is able to give any information about a matter under investigation
(a) to provide the information to the Chief Electoral Officer; and
(b) to produce to the Chief Electoral Officer any record that in the opinion of the Chief Electoral Officer relates to the matter under investigation and that may be in that person's possession or under that person's control.
On being satisfied on evidence given on oath or affirmation that there are reasonable and probable grounds to believe that an offence under this Act has been committed and that there are in a place records or other things that will afford evidence in respect of the commission of an offence, a justice may issue an order authorizing the Chief Electoral Officer or a peace officer to enter the place and search for and seize records or other things in accordance with the warrant.
The Chief Electoral Officer shall conduct an investigation in private.
The following heading is added before section 78:
Section 82 is amended by striking out "or other person" and substituting ", an official agent or any other person".
Section 86 is amended
(a) by striking out "Every chief financial officer or other officer of a candidate or registered political party" and substituting "Every chief financial officer, official agent or other officer of a registered political party or a candidate"; and
(b) by striking out "or section 51".
Section 87, as enacted by R.S.M. 1987, c. E32, is repealed.
The following is added after section 87:
Misuse of information filed under this Act
A person who uses all or any part of information disclosed under this Act for commercial or business purposes or for any other purpose not intended by this Act is guilty of an offence.
Section 88 is amended
(a) in clause (a), by striking out "$5,000." and substituting "$10,000."; and
(b) in clause (b), by striking out "$1,000." and substituting "$2,000."
Subsection 90(1) is amended by striking out "or any deputy of the chief financial officer of a political party or candidate" and substituting "of a political party or his or her deputy or the official agent of a candidate or his or her deputy".
Section 94 is repealed and the following is substituted:
A prosecution for any offence under this Act may be commenced not later than two years after the commission of the alleged offence.
Section 96, as enacted by R.S.M. 1987, c. E32, is repealed.
Subsection 97(2), as enacted by R.S.M. 1987, c. E32, is repealed.
The following heading is added before section 98:
The following heading is added before section 99:
Section 99 is amended
(a) in clause (2)(a), by striking out "and advertising"; and
(b) by adding the following after subsection (2):
Report may be combined with Elections Act report
A report under subsection (1) may be combined with a report under subsection 10(2) of The Elections Act.
The following is added after section 99:
Expenses paid out of the Consolidated Fund
All expenses under this Act required as a consequence of an election shall be paid from the Consolidated Fund without further appropriation.
Section 100 is repealed.
Consequential amendment, C.C.S.M. c. I10
The Income Tax Act is amended by this section.
Subsection 10(1) is amended in the part following clause (c) by adding "the official agent" after "chief financial officer of the registered political party or".
Subsection 10(2) is amended by adding ""official agent"," after ""donations in kind",".
Clause 11(1)(a) of The Elections Finances Act, as enacted by section 14 of this Act, applies to registered political parties whether they are registered before or after the coming into force of this Act.
This Act comes into force 90 days after the day it receives royal assent.