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The Elections Reform Act - Schedule B

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If you need an official copy, contact Statutory Publications.

S.M. 2006, c. 15

Bill 22, 4th Session, 38th Legislature

The Elections Reform Act

SCHEDULE B

THE ELECTIONS FINANCES AMENDMENT ACT

C.C.S.M. c. E32 amended

1

The Elections Finances Act is amended by this Act.

2(1)

The definition "candidacy period" in section 1 is amended by adding ", subject to subsection 10(3.2)," after "means".

2(2)

The definitions "candidate" and "contribution" in section 1 are replaced with the following:

"candidate" means a person who

(a) is nominated by a registered political party or a constituency association of a registered political party as its candidate in the next election in an electoral division, or

(b) not being endorsed by a registered political party or a constituency association of a registered political party, files a notice of intent under subsection 10(3.1) to be a candidate in the next election,

and includes a person nominated as a candidate in accordance with The Elections Act; (« candidat »)

"contribution", except in sections 55.1 to 55.11 (third party spending), means any of the following paid or provided, without compensation, to or for the benefit of a candidate, leadership contestant, constituency association or registered political party:

(a) money, including membership fees paid to a registered political party, but not including

(i) fees covering the reasonable expenses of conferences and conventions of a registered political party, including leadership conventions, or

(ii) payments received by a person running as a candidate or leadership contestant by way of a paid leave of absence under a collective agreement or other employment agreement,

(b) a donation in kind,

(c) the portion of a charge determined to be a contribution under section 38 (fundraising functions),

(d) the portion of sale proceeds determined to be a contribution under section 38.1 (selling items); (« contribution »)

2(3)

The definition "election expenses" in section 1 is amended

(a) in clause (g), by striking out ", including related child care expenses,"; and

(b) by adding the following after clause (y):

(y.1) reasonable child care expenses incurred by a candidate to enable the candidate to campaign in an election period,

3

The following is added after section 1:

Interpretation: reasonable expenses

1.1

In this Act, a reference to

(a) reasonable personal or child care expenses incurred by a candidate; or

(b) reasonable expenses incurred by a candidate because of his or her disability;

means only those reasonable expenses that are over and above the expenses normally incurred by the candidate.

4(1)

Clause 6(h) of the French version is amended by striking out "conseillers financiers" and substituting "agents des opérations financières".

4(2)

The following is added after clause 6(h):

(h.1) may prepare and distribute guidelines for determining whether an individual is normally resident in Manitoba;

4(3)

Section 6 is amended by adding "and" at the end of clause (g), striking out "and" at the end of clause (h) and repealing clause (i).

5

Section 6.1 is amended by striking out ", other than those mentioned in section 91,".

6

Section 6.2 is amended by striking out "or any person employed under the Chief Electoral Officer" and substituting ", the commissioner, or any person appointed or employed by the Chief Electoral Officer or the commissioner,".

7

Subsections 10(3) to (3.4) are replaced with the following:

Notice of nomination

10(3)

As soon as reasonably practicable after a candidate is nominated by a registered political party or a constituency association, the chief financial officer of the registered political party must give the Chief Electoral Officer written notice of

(a) the name of the candidate;

(b) the relevant electoral division; and

(c) the date of the nomination.

Notice of intent of unendorsed candidate

10(3.1)

As soon as reasonably practicable after declaring himself or herself as a candidate in the next election, a candidate who is not endorsed by a registered political party or a constituency association must file with the Chief Electoral Officer written notice of

(a) the electoral division in which the person intends to be a candidate; and

(b) the date when the candidacy began.

Beginning of candidacy period for unendorsed candidate

10(3.2)

The candidacy period of a candidate who is not endorsed by a registered political party or a constituency association is deemed to commence on the date specified in the notice under clause (3.1)(b).

Notice of intent to appoint official agent

10(3.3)

Every candidate must give the Chief Electoral Officer written notice of the person the candidate intends to appoint as his or her official agent.  The notice must be given within 15 days after the candidate

(a) is nominated by a registered political party or a constituency association; or

(b) declares that he or she will be a candidate in the next election in an electoral division.

Content of notice

10(3.4)

A notice under subsection (3.3) must include the name, address and telephone number of the person who is to be appointed as the official agent of the candidate, and a statement, signed by the person, consenting to act in that capacity.

Elections Act filing supercedes

10(3.5)

Subsection (3.3) does not apply if, within 15 days after becoming a candidate under this Act, the candidate is nominated in accordance with The Elections Act.

8(1)

Section 10.6 is amended by renumbering it as subsection 10.6(1) and by replacing everything before clause (a) with the following:

Auditor's payment

10.6(1)

The following amounts shall be paid to the auditor who performed the audit of a statement required under section 59, 60, 61 or 61.1:

8(2)

The following is added after subsection 10.6(1):

Payment subject to requirements of Act being met

10.6(2)

An amount payable under subsection (1) shall be paid only if the Chief Electoral Officer is satisfied that the audit of the statement meets the requirements of this Act.

Payment out of Consolidated Fund

10.6(3)

An amount payable under subsection (1) shall be paid from the Consolidated Fund without further appropriation.

9

Section 15 is amended

(a) in the section heading, by striking out "and logos";

(b) in clause (a), by striking out "of the political party, the abbreviation of the name or the logo" and substituting "or the abbreviation of the name"; and

(c) in clause (b), by striking out "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" and substituting "or the abbreviation of the name of the political party so nearly resembles the name or the abbreviation".

10

Subsection 18(2) is amended by striking out ", the registered abbreviation of the name or the registered logo" and substituting "or the registered abbreviation".

11

Clause 19(2)(d) is amended by striking out ", abbreviation or logo which" and substituting "or abbreviation that".

12

Section 25 is replaced with the following:

Registration as a candidate

25           The Chief Electoral Officer must register a person as a candidate under this Act if the Chief Electoral Officer

(a) receives an application from the candidate in the prescribed form before the end of the candidacy period; and

(b) is satisfied that the candidate has been nominated as a candidate in accordance with The Elections Act.

13

The following is added after the centred heading "CONTRIBUTIONS" and before section 38:

How contribution may be made

37.1(1)

An individual may make a contribution

(a) by giving it directly to a candidate, leadership contestant, constituency association or registered political party; or

(b) by giving it to another individual normally resident in Manitoba to be forwarded to a candidate, leadership contestant, constituency association or registered political party.

Only individual may collect

37.1(2)

No person or organization other than an individual normally resident in Manitoba shall collect or receive a contribution under clause (1)(b) for a candidate, leadership contestant, constituency association or registered political party.

If contribution made by cheque or credit card

37.1(3)

An individual who makes a contribution by cheque, credit card or similar instrument shall make it payable directly to a candidate, leadership contestant, constituency association or registered political party.

Record of contributions — individuals

37.2(1)

When collecting or receiving a contribution from a contributor, an individual shall

(a) make a record of

(i) the contributor's name and residential address,

(ii) the date the contribution was collected or received,

(iii) the amount or value of the contribution, and

(iv) the name of the individual collecting or receiving it; and

(b) ensure that the contributor signs the record if the contribution is cash of more than $100.

Forwarding contribution to candidate, etc.

37.2(2)

The individual shall promptly forward the contribution, along with the record, to the candidate, leadership contestant, constituency association or registered political party to whom the contribution was made.

Combining cash contributions — individuals

37.2(3)

An individual who collects or receives one or more contributions in cash may, instead of forwarding the cash,

(a) deposit the cash contributions into an account in his or her name in a financial institution; or

(b) purchase a money order or similar instrument in the amount of the contributions;

if the individual promptly forwards either a cheque drawn against the account in the amount of the contributions, or the money order or other instrument, to the candidate, leadership contestant, constituency association or registered political party to whom the contribution was made.

No accepting contributions without record

37.2(4)

A candidate, leadership contestant, constituency association or registered political party shall not accept a contribution for which a record is required under this section unless it is accompanied by that record.

Record of contributions — candidate, party, etc.

37.3

When accepting a contribution from a contributor directly, a candidate, leadership contestant, constituency association or registered political party shall

(a) make a record of

(i) the contributor's name and residential address,

(ii) the date the contribution was accepted, and

(iii) the amount or value of the contribution; and

(b) ensure that the contributor signs the record if the contribution is cash of more than $100.

Application

37.4

For certainty, nothing in sections 37.1 to 37.3 prevents a professional fundraiser, event organizer, call centre, or other similar entity retained for fundraising purposes by a candidate, leadership contestant, constituency association or registered political party from doing one or both of the following:

(a) soliciting a contribution on behalf of the candidate, leadership contestant, constituency association or registered political party;

(b) collecting information from an individual who wishes to make a contribution and forwarding the information to the candidate, leadership contestant, constituency association or registered political party.

14

Subsection 38(2) is amended by striking out "Where" and substituting "Subject to subsection (3), where".

15

The following is added after section 38:

Fundraising by selling items

38.1(1)

When, for the purpose of raising money, an item is sold by or on behalf of a candidate, leadership contestant, constituency association or registered political party, the amount by which the proceeds from the sale exceed the item's acquisition cost is a contribution.

Nominal amounts are not contributions

38.1(2)

Despite subsection (1), there is no contribution for the purposes of this Act if, under that subsection, the proceeds from the sale are less than

(a) $15., where a single item is sold; or

(b) $45., where, as part of the sale, more than one of the same item is sold.

Definition: "acquisition cost"

38.1(3)

In this section, "acquisition cost" is

(a) the actual cost of the item; or

(b) its fair market value;

at the time it was acquired, whichever is greater.

16(1)

Subsection 41(1.1) is replaced with the following:

Limit on contributions by individual

41(1.1)

No individual shall make contributions totalling more than $3,000. in a calendar year to one or more of the following, or any combination of them:

(a) a candidate;

(b) a constituency association;

(c) a registered political party;

(d) a leadership contestant, if the contribution is made after the leadership contest period ends.

16(2)

Subsection 41(3) is amended in the part before clause (a) by striking out "contrary to subsection (2)" and substituting "contrary to this Act".

17

Subsection 44(7) is amended by striking out "or 72".

18

The following is added after subsection 44.1(3):

Maximum term of 24 months

44.1(3.1)

No person or organization shall

(a) make a loan to a registered political party, a candidate, a leadership contestant or a constituency association if the term of the loan exceeds 24 months; or

(b) refinance or renew a loan to a registered political party, a candidate, a leadership contestant or a constituency association in a manner that results in loan payments being due more than 24 months after the loan was first made.

Maximum amount of $3,000.

44.1(3.2)

No person or organization shall make loans totalling more than $3,000. in a calendar year to one or more registered political parties, candidates, leadership contestants or constituency associations, or any combination of them.

Exception

44.1(3.3)

Subsections (3.1) and (3.2) do not apply to a loan that is

(a) made by a financial institution to a registered political party, a candidate, a leadership contestant or a constituency association;

(b) made to a candidate by a registered political party or a constituency association; or

(c) made between a registered political party and a constituency association.

19(1)

Clause 44.2(1)(c) is replaced with the following:

(c) be filed with the Chief Electoral Officer immediately after it is made.

19(2)

The following is added after subsection 44.2(1):

Publication by C.E.O.

44.2(1.1)

As soon as reasonably practicable after receiving a copy of a loan agreement, the Chief Electoral Officer must publish, in a manner that he or she determines, a notice that identifies the debtor and includes the information required by clause (1)(b) in respect of the loan.

Exception

44.2(1.2)

Subsection (1.1) does not apply if the loan is made by a financial institution or is for an amount less than $250.

20

Sections 50 and 51 are amended by striking out "final" wherever it occurs.

21

The following is added after section 54 and before the centred heading "ANNUAL LIMIT ON ADVERTISING EXPENSES":

Minimum number of voters

54.0.1

For the purposes of sections 50 and 51, the number of names on the voters lists for an electoral division is the greater of

(a) the number of names on the final voters lists as determined under subsection 54(2); and

(b) the number of names on the final voters lists for the preceding general election.

22

Clause 54.1(4)(a) is amended by striking out "previous" and substituting "2001".

23

Section 54.2 is replaced with the following:

Advertising must be authorized

54.2(1)

Advertising conducted outside an election period must be authorized as follows:

(a) advertising by a registered political party must be authorized by the party's chief financial officer;

(b) advertising by a constituency association must be authorized by the person responsible for the finances of the constituency association;

(c) advertising by a candidate must be authorized by

(i) the candidate's official agent, or

(ii) the candidate, if the advertising is conducted before his or her official agent is appointed.

Placement of authorization

54.2(2)

The person responsible for authorizing an advertisement under subsection (1) must ensure that the authorization is

(a) printed on the advertisement, if the advertisement is of a type described in clause 48(1)(a), (b) or (c); or

(b) announced or shown with the advertisement, if the advertisement appears on radio or television or any other electronic medium.

24(1)

Subsection 56(1) is replaced with the following:

Government advertising and publications in general election

56(1)

During the election period for a general election, no government department or Crown agency shall publish or advertise any information about its programs or activities unless the publication or advertisement

(a) is required by law;

(b) is required at that time

(i) to solicit proposals or tenders for contracts or applications for employment with the department or agency, or

(ii) because it relates to important matters of public health or safety; or

(c) is by a Crown agency, is in continuation of earlier publications or advertisements and is required at the time for ongoing programs of the agency.

Government advertising and publications in by-election

56(1.1)

During the election period for a by-election, no government department or Crown agency shall publish or advertise any information about its programs or activities unless the publication or advertisement

(a) is required by law;

(b) is required at that time

(i) to solicit proposals or tenders for contracts or applications for employment with the department or agency, or

(ii) because it relates to important matters of public health or safety; or

(c) is in continuation of earlier publications or advertisements and is required at the time for ongoing programs of the government department or Crown agency.

Publication of Assembly business in by-election

56(1.2)

During the election period for a by-election, nothing in subsection (1.1) shall restrict any publication or advertisement that deals with matters before the Assembly, such as a press release or other publication relating to the throne speech, the budget, the introduction or passage of bills and orders or resolutions of the Assembly.

24(2)

Subsection 56(2) is amended

(a) by adding "or (1.1)" after "subsection (1)"; and

(b) by striking out everything after "file a complaint" and substituting "with the commissioner."

24(3)

The following is added after subsection 56(2):

Commissioner to advise if complaint justified

56(3)

If the commissioner finds that a complaint is justified, he or she must give particulars of the violation to the Chief Electoral Officer.

Notice in annual report

56(4)

The Chief Electoral Officer must give particulars of the violation in the annual report provided under section 99.

25

Subsection 57(2) of the French version is amended by striking out "agent financier du tiers" and substituting "agent des opérations financières du tiers".

26

Section 58 of the French version is amended in the part before clause (a) by striking out "agents financiers des tiers" and substituting "agents des opérations financières des tiers".

27

Section 60 is amended in the part after clause (c) by striking out "30 days after the expiry of the campaign period" and substituting "four months after polling day".

28(1)

Section 61 is renumbered as subsection 61(1) and is amended as follows:

(a) in the part before clause (a), by striking out "30 days after the end of the campaign period of an election" and substituting "four months after polling day for the election";

(b) by replacing clause (d) with the following:

(d) the assets of the candidate at the end of the candidacy period;

(d.1) the liabilities of the candidate at the end of the candidacy period, including the name of each supplier of goods or services to whom the candidate owes payment, and the amount owing to each;

(c) by adding "and" at the end of clause (e) and adding the following after clause (e):

(f) in the case of a candidate who incurred child care expenses in order to be able to campaign in the election period, the reasonable child care expenses incurred;

28(2)

The following is added after subsection 61(1):

Evidence of disbursements and expenses

61(2)

The statement filed under subsection (1) must be accompanied by copies of receipts or other evidence of the disbursements and expenses set out in the statement.

29

Subsection 68(1) is replaced with the following:

Interpretation: "campaign deficit"

68(1)

For the purpose of this section, a candidate has a campaign deficit if any liabilities incurred by him or her in the election remain outstanding after the candidate's reimbursement, if any, has been paid out in accordance with section 73.1 or 73.2.

30

The following is added after subsection 68.1(5):

Contributions after leadership period ends

68.1(6)

A leadership contestant shall not accept a contribution after the leadership contest period ends, except for the purpose of reducing or eliminating his or her deficit.

31

The following is added after section 69:

Late filing fee

69.1(1)

Every person described in subsection (2) who fails to file a statement, return or information as required by this Act shall pay to the Chief Electoral Officer a late filing fee of $25. for each day the failure continues, not exceeding 30 days.

Persons who must pay

69.1(2)

A late filing fee is payable by the following persons:

(a) the chief financial officer of a registered political party, if he or she fails to file a statement under section 59 or 60;

(b) the official agent of a candidate or leadership contestant, if the official agent fails to file a statement under section 61 or 61.1;

(c) the financial agent of a third party, if he or she fails to file a return under section 55.11;

(d) a candidate who fails to file

(i) the information required under clause 44.2(2)(b), or

(ii) a return under subsection 68(2);

(e) a leadership contestant who fails to file

(i) the information required under clause 44.2(2)(b), or

(ii) a return under subsection 68.1(2);

(f) a person who receives a request or notice under subsection 55.11(5), 57(2), or 69(1) and fails to file the requested statement, return or information.

Late filing fee — constituency association

69.1(3)

A person responsible for the finances of a constituency association, if he or she fails to file a return under section 67 for more than 30 days after it is due, shall pay to the Chief Electoral Officer a late filing fee of $25. for each additional day the failure continues, not exceeding 30 days.

No prosecution if fee paid

69.1(4)

No prosecution shall be commenced against

(a) a person for failing to file a statement, return or information described in subsection (2) if, within 30 days after the statement, return or information was required, it is filed and the late filing fee is paid; or

(a) a person responsible for the finances of a constituency association for failing to file a return under section 67 if, within 60 days after the return was required, it is filed and the late filing fee is paid.

Fees to be turned over to Minister of Finance

69.1(5)

The Chief Electoral officer must turn over all money received under this section to the Minister of Finance, to be paid into the Consolidated Fund.

32

Section 70 is amended

(a) in subsection (1), by striking out ", including copies of any certificates filed by the Chief Electoral Officer with the Minister of Finance,"; and

(b) in subsection (2), by striking out "or" at the end of clause (b) and repealing clause (c).

33

Sections 71 and 72 are replaced with the following:

When candidate eligible for reimbursement

71(1)

A candidate is eligible to receive a reimbursement of election expenses if he or she obtained at least 10% of all the valid votes cast in the electoral division in which he or she was a candidate.

Amount of reimbursement — candidate

71(2)

The reimbursement to be paid to a candidate is

(a) 100% of the following expenses:

(i) the reasonable child care expenses incurred by the candidate to enable the candidate to campaign in the election period,

(ii) the reasonable expenses incurred by a disabled candidate in relation to his or her disability to enable the candidate to campaign in the election period; and

(b) 50% of the actual election expenses, excluding donations in kind, incurred by or on behalf of the candidate, to a maximum of 50% of the total election expense limit of the candidate under subsection 51(1), as varied in accordance with section 52.

When party eligible for reimbursement

71(3)

A registered political party is eligible to receive a reimbursement of its election expenses

(a) in respect of a general election, if the candidates it endorsed obtained at least 10% of all the valid votes cast in the election; or

(b) in respect of a by-election, if the candidate it endorsed obtained at least 10% of all the valid votes cast in the by-election.

Amount of reimbursement — political party

71(4)

The reimbursement to be paid to a registered political party is 50% of the actual election expenses, excluding donations in kind, incurred by it or on its behalf, to a maximum of 50% of the total election expense limit of the registered political party under subsection 50(1), as varied in accordance with section 52.

Total reimbursement must be certified by C.E.O.

72(1)

The Chief Electoral Officer must certify the total reimbursement that a candidate or registered political party is eligible to receive.  The certificate must be issued as soon as practicable but not later than 90 days after the Chief Electoral Officer has received

(a) the following information, in addition to any other information that may have been required under subsection 57(2):

(i) the information required under section 61 and 64, in the case of a candidate,

(ii) the information required under section 60, in the case of a registered political party; or

(b) sufficient information, in the Chief Electoral Officer's opinion, for the reimbursement to be paid.

Advance reimbursement based on estimate

72(2)

Within 15 days after receiving the information described in clause (1)(a), the Chief Electoral Officer must

(a) estimate the total reimbursement that the candidate or registered political party is eligible to receive; and

(b) certify that 50% of the estimated amount is to be paid to the candidate or registered political party.

Adjustment

72(3)

When an advance reimbursement is certified as being payable to a candidate or registered political party under subsection (2), the Chief Electoral Officer must reduce accordingly the final reimbursement payable to the candidate or registered political party under section 71.

When advance reimbursement not to be certified

72(4)

The Chief Electoral Officer shall not certify an amount to be paid to a candidate or registered political party under subsection (2) if, in his or her opinion, a statement or return filed by the candidate or party

(a) fails to satisfy the requirements of this Act; or

(b) indicates that the reimbursement to which the candidate or registered political party is otherwise eligible may be reduced for overspending under section 73.

Report

72(5)

When certifying a reimbursement or an advance reimbursement, the Chief Electoral Officer must also prepare a report detailing how the amount of the reimbursement was determined.  The report must be made available to the public in accordance with section 70.

34

Subsection 73(1) is amended in the part before clause (a) by striking out "payable under clause 71(3)(a) or 72(3)(a) shall" and substituting "certified under subsection 72(1) must".

35

Section 73.1 is replaced with the following:

Reimbursements paid out of Consolidated Fund

73.1(1)

A final reimbursement and an advance reimbursement shall be paid from the Consolidated Fund without further appropriation, as soon as reasonably practicable after being certified under section 72.

Reimbursement payment — registered political party

73.1(2)

In the case of a registered political party, the reimbursement must be paid to the party's chief financial officer.

Reimbursement payment — endorsed candidate

73.1(3)

In the case of a candidate endorsed by a registered political party,

(a) if the candidate has a surplus or if the amount of the candidate's receipts is equal to the amount of his or her expenditures, the reimbursement must be paid to the chief financial officer of the registered political party; or

(b) if the candidate has a deficit, the lesser of the following amounts must be paid to the candidate and the candidate's official agent jointly:

(i) the amount of the total reimbursement,

(ii) the amount of the candidate's deficit,

and the balance, if any, must be paid to the chief financial officer of the registered political party.

Reimbursement payment — unendorsed candidate

73.1(4)

In the case of a candidate who is not endorsed by a registered political party,

(a) if the candidate has a surplus or if the amount of the candidate's receipts is equal to the amount of his or her expenditures, the reimbursement must be paid to the Chief Electoral Officer; or

(b) if the candidate has a deficit, the lesser of the following amounts must be paid to the candidate and the candidate's official agent jointly:

(i) the amount of the total reimbursement,

(ii) the amount of the candidate's deficit,

and the balance, if any, must be paid to the Chief Electoral Officer.

Reduction for candidate's overspending

73.1(5)

If a candidate's reimbursement is reduced under subsection 73(1), the reduction must be applied to reduce the amount otherwise payable under this section to the candidate and the candidate's official agent.  The balance of the reduction, if any, must be applied to reduce the amount otherwise payable under this section to the chief financial officer of the registered political party or to the Chief Electoral Officer, as the case may be.

Money to be held in trust

73.1(6)

The Chief Electoral Officer must hold an amount paid to him or her under subsection (4) in trust for the candidate, and must turn the amount held in trust, and the accumulated interest, over

(a) to the candidate, if the candidate is a candidate in the next general election or in a by-election that occurs before the next general election; or

(b) to the Minister of Finance to be paid into the Consolidated Fund, if the Chief Electoral Officer is not required to turn the funds over to the candidate under clause (a).

Definitions

73.1(7)

In this section, "deficit", "expenditures", "receipts" and "surplus" have the same meaning as in subsection 75(1).

Payment to creditor

73.2(1)

Instead of being paid to the candidate and his or her official agent jointly or the chief financial officer, a reimbursement or part of it may be paid to any person to whom the candidate or registered political party assigns the right to receive the reimbursement or part.

When assignment is effective

73.2(2)

An assignment referred to in subsection (1) is effective only if

(a) it is made pursuant to a loan agreement for a loan made to a candidate or a registered political party in relation to financing election expenses;

(b) the loan agreement has been filed with the Chief Electoral Officer in accordance with section 44.2;

(c) the balance owing on the loan has been confirmed, at the time and in the manner prescribed by the Chief Electoral Officer, by

(i) in the case of a candidate, his or her official agent, and

(ii) in the case of a registered political party, its chief financial officer; and

(d) the right to receive the reimbursement or part of it has been assigned to more than one lender, and the Chief Electoral Officer has been given direction as to the order of payment by

(i) in the case of a candidate, his or her official agent, and

(ii) in the case of a registered political party, its chief financial officer.

Overpayment must be repaid immediately

73.3(1)

If a reimbursement amount certified under subsection 72(1) is less than the amount certified under subsection 72(2),

(a) in the case of a registered political party, the chief financial officer must immediately repay the amount of the overpayment to the Minister of Finance; and

(b) in the case of a candidate,

(i) where money is held in trust for the candidate by the Chief Electoral Officer, the Chief Electoral Officer must subtract the amount of the overpayment from those trust funds and forward it to the Minister of Finance, and

(ii) where no money is held in trust or the amount held is insufficient, the candidate's official agent must immediately repay the outstanding balance of the overpayment to the Minister of Finance.

First use of reimbursement

73.3(2)

Subject to subsection (1),

(a) a candidate and his or her official agent must use money received as a reimbursement to reduce or eliminate the outstanding liabilities incurred by the candidate in the election; and

(b) the chief financial officer of a registered political party must use money received as a reimbursement to reduce or eliminate the party's outstanding liabilities;

before using it or permitting its use for any other purpose.

36(1)

Subsection 75(1) is amended by striking out "In this section and sections 76 to 77.1," and substituting "In this section and section 77.1,".

36(2)

The definition "expenditures" in subsection 75(1) is amended

(a) by adding the following after clause (a.1):

(a.2) the reasonable child care expenses incurred by the candidate to enable the candidate to campaign in the election period,

(a.3) the reasonable expenses incurred by a disabled candidate in relation to his or her disability to enable the candidate to campaign in the election period,

(b) by adding "and" at the end of clause (b) and replacing clauses (c) and (d) with the following:

(c) bank charges and interest on any loan that relates to the financing of election expenses, from the close of polls to the deadline for filing the candidate's audited statement under subsection 61(1);

37

Sections 76 and 77 are repealed.

38

Section 77.3 is replaced with the following:

Definition of "commissioner"

77.3(1)

In this section and in section 91, "commissioner" means the commissioner appointed under section 186 of The Elections Act.

Investigations by commissioner

77.3(2)

The commissioner may, on his or her own initiative or at the request of another person, conduct an investigation into any matter that might constitute a contravention of this Act.  The commissioner may refuse to conduct an investigation if he or she considers a request to be frivolous, vexatious, made in bad faith or unnecessary in the circumstances.

Commissioner may appoint representative

77.3(3)

The commissioner may appoint a representative to conduct an investigation on his or her behalf.

Records

77.3(4)

The commissioner or representative may require any person who, in the opinion of the commissioner or representative, is able to give any information about a matter under investigation

(a) to provide the information to the commissioner or representative; and

(b) to produce any record to the commissioner or representative that in his or her opinion relates to the matter under investigation and that may be in that person's possession or under that person's control.

Warrant

77.3(5)

A justice may issue a warrant authorizing the commissioner or representative and any other person named in the warrant to enter a place and search for and seize records or other things in accordance with the warrant, if the justice is satisfied, on evidence given on oath or affirmation, that

(a) there are reasonable and probable grounds to believe that an offence under this Act has been committed; and

(b) the place contains records or other things that will provide evidence respecting the commission of an offence.

Investigation in private

77.3(6)

An investigation under this section must be conducted in private.

39

The following is added after section 77.3:

ADVISORY OPINIONS

Request for advisory opinion

77.4(1)

A registered political party, candidate, leadership contestant or constituency association may request the Chief Electoral Officer for a written opinion as to whether an act or omission, or a proposed act or omission, by the party, candidate, leadership contestant or association contravenes this Act.

Written opinion

77.4(2)

The Chief Electoral Officer may give a written advisory opinion in response to a request made under subsection (1) after making any inquiries he or she considers necessary.  If the Chief Electoral Officer declines to give an advisory opinion in response to a request, he or she must give written reasons for doing so.

Deemed non-contravention

77.4(3)

A registered political party, constituency association, candidate or leadership contestant to whom an advisory opinion is given is deemed not to contravene this Act in respect of an act or omission if

(a) the advisory opinion indicates that the act or omission or proposed act or omission does not contravene this Act; and

(b) the person requesting the opinion disclosed all of the material facts to the Chief Electoral Officer when making the request.

Revocation or modification

77.4(4)

The Chief Electoral Officer may revoke or amend an advisory opinion — either on his or her own initiative or at the request of a registered political party, candidate, leadership contestant or constituency association.  In that case, the Chief Electoral Officer must give written notice to the person who requested the advisory opinion.

Effect of revocation

77.4(5)

Upon being notified that an advisory opinion has been revoked or modified, the body or person for whom the opinion was requested is no longer entitled to rely on subsection (3) in respect of any subsequent act or omission to which the advisory opinion would have applied.

Who may request opinion

77.4(6)

A request for an advisory opinion under subsection (1) or for an amendment to an advisory opinion under subsection (4) may be made

(a) in the case of a registered political party, by its chief financial officer;

(b) in the case of a constituency association, by the person responsible for its finances; and

(c) in the case of a candidate or leadership contestant, by the candidate, the leadership contestant or the official agent of the candidate or leadership contestant.

40

The following is added after section 78:

Force and intimidation

78.1

A person is guilty of an offence who, directly or indirectly, uses or threatens to use force or violence, or threatens to inflict an injury, damage, harm or loss upon another person to induce or compel the other person to make or refrain from making a contribution.

41

The following is added after section 87.1:

Failure to provide records

87.2

A person who fails to comply with a written request to provide a record containing the information required under this Act about a contribution that he or she accepted, or an expense that he or she incurred or approved, is guilty of an offence if

(a) the contribution or expense is related to a candidate and the request was made by the candidate or the official agent of the candidate;

(b) the contribution or expense is related to a leadership contestant and the request was made by the leadership contestant or the official agent of the leadership contestant;

(c) the contribution or expense is related to a constituency association and the request was made by the person responsible for its finances; or

(d) the contribution or expense is related to a registered political party and the request was made by its chief financial officer.

42

Section 91 is replaced with the following:

Only commissioner may prosecute offences

91(1)

If the commissioner believes on reasonable grounds that an offence under this Act has been committed, and is of the view that the public interest so requires, the commissioner may institute a prosecution for an offence under this Act.

Inadvertent or technical contravention

91(2)

When the commissioner is of the view that prosecution is not required because an offence was inadvertent or of a technical nature, the commissioner may issue a formal caution to the body or person alleged to have committed the offence.

Only commissioner may prosecute

91(3)

No prosecution for an offence under this Act may be commenced except by the commissioner.

Time limit for prosecution

91(4)

The deadline for commencing a prosecution under this Act is one year after the date on which the commissioner has reasonable and probable grounds to believe that an offence has been committed.

Powers of commissioner re prosecution

91(5)

For prosecuting offences under this Act, the commissioner has all the rights, powers, authority and privileges that the Crown has respecting the prosecution of offences under other Acts of the Legislature.

43

Sections 92, 93 and 94 are repealed.

44

Subsection 95(1) is amended in the part before clause (a) by striking out ", other than a decision to prosecute for an alleged offence under this Act or the regulations,".

45(1)

Subsection 97(1) is amended by adding "or (1.1)" after "subsection 56(1)" wherever it occurs.

45(2)

Clause 97(3)(a) is amended by adding "or (1.1)" after "subsection 56(1)".

46

Section 99.1 is amended by adding "including, on the certificate of the Chief Electoral Officer, any remuneration and expenses relating to the commissioner," after "election".

47

The following is added after section 99.1:

Requests copied to chief financial officer

99.1.1(1)

The Chief Electoral Officer must give the chief financial officer of a registered political party a copy of the initial request for a statement, return or other information that the Chief Electoral Officer makes to

(a) a constituency association of the party; or

(b) a candidate who has been nominated by the party or one of its constituency associations;

unless otherwise directed in writing by the constituency association or candidate.

Written notice re late filing fees

99.1.1(2)

The Chief Electoral Officer must, as soon as reasonably practicable, give the chief financial officer of a registered political party written notice when

(a) a candidate endorsed by the party;

(b) an official agent of a candidate endorsed by the party; or

(c) the person responsible for the finances of a constituency association of the party;

becomes liable to pay a late filing fee under section 69.1.

Amendments to unproclaimed provisions

48(1)

This section amends

(a) sections 55.5 to 55.11, as enacted by section 25; and

(b) section 86.2, as enacted by section 40;

of The Elections Finances Amendment Act, S.M. 2000, c. 9, which are not yet in force.

48(2)

In section 55.5 of the French version, "agent financier" is struck out wherever it occurs in the section and the section headings and "agent des opérations financières" is substituted.

48(3)

Subsection 55.5(7) is amended by striking out "election period" and substituting "campaign period".

48(4)

In the French version of the following provisions,"agent financier", with necessary grammatical and other changes, is struck out and "agent des opérations financières" is substituted, with necessary grammatical and other changes:

(a) the centred heading before section 55.7;

(b) subsection 55.7(1), in the section heading and in the subsection;

(c) subsection 55.7(2), in the section heading and in the part before clause (a).

48(5)

In section 55.8 of the French version, "agent financier" is struck out wherever it occurs in the section and the section headings and "agent des opérations financières" is substituted.

48(6)

Subsection 55.8(1) is amended by striking out "election period" and substituting "campaign period".

48(7)

Subsection 55.8(6) is amended by striking out "candidacy period" and substituting "campaign period" in the section heading and in the subsection.

48(8)

The following is added after subsection 55.8(6):

Account in financial institution

55.8(7)

If a third party incurs election communication expenses of $500. or more, its financial agent must

(a) open and maintain an account in a financial institution in the name of the third party;

(b) deposit in that account all contributions received by the third party; and

(c) make all disbursements from that account, including transfers.

Account to be kept separate

55.8(8)

No person shall deposit in an account described in subsection (7) money that does not relate to the third party.

48(9)

In sections 55.11 and 86.2 of the French version, "agent financier" is struck out wherever it occurs and "agent des opérations financières" is substituted.

Coming into force

49(1)

Subject to subsection (2), this Act comes into force six months after the day it receives royal assent.

Coming into force: part of section 31 and section 48

49(2)

Section 31, insofar as it enacts clause 69.1(2)(c), and section 48 come into force on a day to be fixed by proclamation.