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The Elections Finances Act
This is an unofficial archived version of The Elections Finances Act
as enacted by SM 1987-88, c. 9 on July 17, 1987.
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R.S.M. 1987, c. E32

The Elections Finances Act

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

Definitions.

1

In this Act

"advertising expenses" means election expenses, including production expenses, incurred for advertising

(a) in newspapers, magazines or other periodical publications, and

(b) on radio or television, and

(c) on billboards, buses, or other property normally used for purposes of commercial advertising; ("dépenses de publicité")

"by-election" means an election other than a general election; ("élection partielle")

"campaign period" means the period commencing on the date of issue of a writ or writs for an election and ending 2 months after polling day for that election; ("période de campagne électorale")

"candidacy period" means the period commencing on the date on which a person becomes a candidate in an election under this Act and ending 2 months after polling day for that election: ("période de candidature")

"candidate" means a person

(a) who is nominated in accordance with The Elections Act as a candidate in an election in an electoral division, or

(b) who, whether before or after the issue of a writ for an election in an electoral division, is nominated by a constituency association of a registered political party as the candidate of the registered political party in the next election in the electoral division, or (c) who, whether before or after the issue of a writ for an election in an electoral division, declares himself or herself to be a candidate in the next election in the electoral division; ("candidat")

"Chief Electoral Officer" means the Chief Electoral Officer appointed under The Elections Act; ("directeur général des élections" )

"chief financial officer"

(a) where used to refer to the chief financial officer of a registered political party, means the person shown in the registers or records of the Chief Electoral Officer as the chief financial officer of the registered political party, and

(b) where used to refer to the chief financial officer of a candidate, means the person appointed in the nomination papers of the candidate as the official agent of the candidate or subsequently appointed by the candidate as his official agent; ("agent financier")

"constituency association" means an association or organization

(a) which is recognized by a registered political party as the official association of that registered political party in any electoral division, or

(b) which holds itself out as the official association of a registered political party in any electoral division; ("association de circonscription")

"contribution" means any money paid or any donation in kind 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) membership fees paid to a registered political party, and

(b) fees paid for conferences and conventions of a registered political party, including leadership conventions; ("contribution" )

"Crown agency" means Crown agency as defined in The Legislative Assembly Act; ("organisme de la Couronne")

"Deputy Chief Electoral Officer" means the Deputy Chief Electoral Officer appointed for purposes of The Elections Act; ("directeur général adjoint des élections")

"donation in kind" means any goods or 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, and

(b) goods produced or donated voluntarily by a person or organization who or which is a commercial supplier of those goods, and

(c) services provided voluntarily by a person or organization who or which is a commercial or occupational supplier of those services,

but does not include

(d) money, and

(e) goods produced or donated voluntarily otherwise than in clause (b), and

(f) services provided voluntarily otherwise than in clause (c); ("don en nature")

"election" means

(a) a by-election to elect a person as a member of the Assembly, or

(b) a general election to elect persons as members of the Assembly; ("élection" )

"election expenses" has the meaning set out in section 45; ("dépenses électorales" )

"election period" means the period commencing on the date of issue of a writ or writs for an election and ending on polling day for that election; ("période électorale")

"financial institution" means

(a) a bank, or

(b) a credit union, or

(c) a trust company or loan company authorized under the law to accept money for deposit and carrying deposit insurance in accordance with the Canada Deposit Insurance Corporation Act; ("établissement financier")

"fund raising function" means any social function held for the purpose of raising money for the candidate, constituency association or registered political party by whom or on whose behalf the function is held; ("activité de financement")

"general election" means an election in respect of which election writs are issued for elections in all electoral divisions; ("élections générales")

"market value" in relation to goods or services means the lowest price generally charged by the supplier for an equivalent amount of the same goods or services at or about the time and in the market area in which the goods or services are supplied; ("valeur marchande")

"organization" includes a political party, a constituency association, a trade union, a partnership and an unincorporated association, but does not include a corporation; ("organisation" )

"political party" means an association, organization or affiliation of voters comprising a political organization one of the purposes of which is to nominate and support candidates at elections; ("parti politique")

"polling day" means the day fixed under The Elections Act for the holding of polls other than advance polls at an election; ("jour du scrutin")

"prescribed" means prescribed by the regulations; ("prescrit")

"registered candidate" means a candidate registered under section 25; ("candidat inscrit")

"registered political party" means a political party registered under section 12; ("parti politique inscrit")

"returning officer" means a returning officer appointed under The Elections Act; ("directeur du scrutin")

"revised voters' lists" where used to refer to the revised voters' lists of an electoral division means all the voters' lists for all the polling subdivisions in the electoral division as finally revised before polling day at an election; ("liste électorale révisée" )

"tax receipt" means a receipt issued for income tax purposes; ("reçu pour fins d'impôt" )

"trade union" means any organization of employees formed for purposes which include the regulation of relations between employers and employees, and includes a duly organized group or federation of such organizations; and for the purpose of this clause an organization may be composed of only one employee; ("syndicat")

"year" means calendar year. ("année")

Endorsement of candidate.

2

For purposes of this Act, a candidate is endorsed by a political party where

(a) the candidate consents to the endorsement in accordance with subsection 53(3) of The Elections Act; and

(b) the candidate's name appears on the endorsement list filed by the political party under subsection 53(4) or subsection 53(5) of The Elections Act.

C.E.O, to administer Act.

3

This Act shall be administered by the Chief Electoral Officer.

Advisory committee.

4(1)

There is hereby established an advisory committee composed of one representative appointed by each registered political party.

Consultation with committee.

4(2)

The Chief Electoral Officer may from time to time call meetings of the advisory committee for the purpose of seeking the advice of the committee on the proper administration of this Act.

Advisory status only.

4(3)

No decision or recommendation of the advisory committee is binding on the Chief Electoral Officer, and the Chief Electoral Officer may at all times make such decisions or take such actions as the Chief Electoral Officer sees fit for the proper administration of this Act.

Duties of deputy C.E.O.

5

The Deputy Chief Electoral Officer shall assist the Chief Electoral Officer in administering this Act, but where

(a) the Chief Electoral Officer is, by reason of absence, incapacity or any other cause, unable to act; or

(b) the office of Chief Electoral Officer is vacant; the Deputy Chief Electoral Officer shall administer the Act.

Powers, duties, and functions of Chief Electoral Officer.

6

In addition to any other powers, duties, and functions of the Chief Electoral Officer under this or any other Act of the Legislature, the Chief Electoral Officer

(a) shall maintain registers of

(i) registered political parties, and

(ii) registered candidates for each byelection and for each general election;

(b) shall maintain, or cause to be maintained, records of

(i) unregistered candidates for each byelection and for each general election,

(ii) chief financial officers of candidates and registered political parties, and

(iii) deputies authorized to act for chief financial officers of registered political parties and registered candidates;

(c) shall assist, or cause to be assisted, candidates and registered political parties, and their chief financial officers, in preparing statements and returns required under this Act and otherwise in complying with this Act;

(d) shall examine, or cause to be examined, all statements and returns filed with the Chief Electoral Officer;

(e) where required by this Act, shall prescribe forms and the contents thereof for use under this Act and provide for their use;

(f) may prescribe other forms and the contents thereof for use under this Act and provide for their use;

(g) may prepare, print and distribute, or cause to be prepared, printed and distributed, forms for use under this Act;

(h) may prepare and distribute, or cause to be prepared and distributed, guidelines for candidates and registered political parties and their chief financial officers and auditors; and

(i) may institute proceedings to prosecute persons or organizations for offences under this Act.

Appointment of chief financial officer.

7(1)

Every registered political party shall appoint a chief financial officer.

Replacement of chief financial officer.

7(2)

Where a chief financial officer appointed under subsection (1) ceases for any reason to hold that office, the registered political party shall forthwith appoint a new chief financial officer.

Notice of appointment to Chief Electoral Officer.

7(3)

Upon appointing a chief financial officer, the registered political party shall forthwith notify the Chief Electoral Officer in writing of the name and address of the chief financial officer, and shall file with the Chief Electoral Officer the chief financial officer's written consent to act in that capacity.

Appointment of deputy financial officers.

8(1)

The chief financial officer of a registered political party or registered candidate may appoint persons other than candidates 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.

Notice of appointment to Chief Electoral Officer.

8(2)

Upon appointing a deputy under subsection (1), the chief financial officer shall forthwith notify the Chief Electoral Officer in writing of the deputy's name and address and shall file with the Chief Electoral Officer the deputy's written consent to act in that capacity.

Recording of information.

9

The Chief Electoral Officer shall record any information provided under sections 7 or 8.

Responsibilities of party's chief financial officer.

10(1)

In addition to the other powers, duties, and functions of a chief financial officer of a registered political party set out under this Act and the regulations, the chief financial officer of a registered political party is responsible for ensuring that

(a) accounts are maintained in a financial institution;

(b) records are kept of contributions and other income received;

(c) tax receipts are issued;

(d) records are kept of all expenses incurred;

(e) records are kept of all election expenses incurred;

(f) records are kept of the assets held and liabilities owed; and

(g) statements and returns are filed with the Chief Electoral Officer;

by or on behalf of the registered political party in accordance with this Act.

Financial officers of constituency associations.

10(2)

Within 30 days of a request therefor by the Chief Electoral Officer, the chief financial officer of a registered political party shall provide the Chief Electoral Officer with a list showing the name and address of the person responsible for the finances of each constituency association of the registered political party; and where at any subsequent time there is any change in the particulars disclosed in the list, the chief financial officer of the registered political party shall in writing notify the Chief Electoral Officer of the change within five days of the change.

Notice of nomination.

10(3)

Forthwith after the nomination of a candidate by any constituency association of a registered political party, the chief financial officer of the registered political party shall in writing notify the Chief Electoral Officer of the name of the candidate and constituency association and the date of the nomination.

Responsibilities of candidate's chief financial officer.

10(4)

In addition to the other powers, duties, and functions of a chief financial officer of a candidate set out under this Act and the regulations, the chief financial officer of a candidate is responsible for ensuring that

(a) accounts are maintained in a financial institution;

(b) records are kept of contributions and other income received;

(c) where the candidate is registered, tax receipts are issued;

(d) records are kept of all election expenses incurred; and

(e) statements and returns are filed with the Chief Electoral Officer;

by or on behalf of the candidate in accordance with this Act.

Responsibility throughout entire candidacy period.

10(5)

The responsibilities referred to in subsection (4) apply to the entire candidacy period of the candidate, regardless of whether the chief financial officer is appointed at or subsequent to the commencement of the candidacy period.

Application for registration by political party.

11(1)

An application for registration by a political party

(a) shall be in prescribed form; and

(b) shall be accompanied by an audited financial statement, including a statement of assets and liabilities, of the political party as of a date not more than 60 days prior to the date of the application for registration.

Verifying petition for registration.

11(2)

Where the application for registration is accompanied by a petition for registration filed under clause 12(c), the Chief Electoral Officer may take such steps as the Chief Electoral Officer sees fit to verify the accuracy of the petition for registration.

Provision of information.

11(3)

Where the Chief Electoral Officer requires further information to clarify or verify any information contained in the application for registration, in the financial statement, or where appropriate in the petition for registration of a political party, the political party shall file such further information with the Chief Electoral Officer.

Registration of political party.

12

Subject to section 15, the Chief Electoral Officer shall register a political party if the Chief Electoral Officer is satisfied that the application for registration and the financial statement of the political party are complete and accurate, and if

(a) members of the political party hold four or more seats in the Assembly; or

(b) where the political party applies for registration during the election period of a general election

(i) members of the political party held four or more seats in the Assembly immediately before the date of issue of the writs for the general election, or

(ii) the political party has endorsed five or more candidates in the general election: or

(c) the political party files with the Chief Electoral Officer 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 prior to the application.

Submission of party name.

13(1)

A political party which intends to meet the registration requirement in clause 12(c) may submit to the Chief Electoral Officer a proposed registered name for the political party.

Approval of name.

13(2)

Where the proposed registered name for the political party

(a) is not being reserved for another political party in accordance with this section; and

(b) does not violate section 15;

the Chief Electoral Officer may reserve the name for the political party for a period of six months from the date on which the political party submits the name to the Chief Electoral Officer.

Discretion to extend time period.

13(3)

The Chief Electoral Officer may extend the six month period referred to in subsection (2) for such further time as the Chief Electoral Officer sees fit.

Effect of reserved name.

13(4)

Where the Chief Electoral Officer has reserved a name for the six month period referred to in subsection (2) or any extension thereof under subsection (3), no other political party shall during that time circulate a petition for registration which contains either

(a) the reserved name; or

(b) a name which, or the abbreviation of which, so nearly resembles the reserved name or the abbreviation thereof as to be likely to cause confusion.

Failure to meet registration requirements.

13(5)

Where a political party on behalf of which a name has been reserved fails to file a complete and accurate application for registration, financial statement and petition for registration within the six month time period referred to in subsection (2) or any extension thereof under subsection (3), the Chief Electoral Officer may reserve the same name or a similar name for another political party in accordance with this section.

Submission of material prior to election.

14(1)

A political party which intends to meet either registration requirement in clause 12(b) may, prior to the issue of writs for a general election, file with the Chief Electoral Officer for approval by the Chief Electoral Officer

(a) an audited financial statement as of a date not more than 60 days prior to the date of filing; and

(b) a proposed registered name for the political party.

Approval by C.E.O.

14(2)

Where the Chief Electoral Officer is satisfied that the financial statement and proposed registered name filed under subsection (1) meet the requirements of this Act, the Chief Electoral Officer shall approve the financial statement and proposed registered name; but where the Chief Electoral Officer declines to approve the financial statement and proposed registered name, the political party may file such new or further material or information as may be required by the Chief Electoral Officer in order to bring the financial statement or proposed registered name within the requirements of this Act.

Application after issue of writs.

14(3)

Where the Chief Electoral Officer has approved a financial statement and proposed registered name filed by a political party under this section, and where subsequent to the issue of writs for a general election the political party applies for registration, the application for registration of the political party shall, notwithstanding clause 11(1)(b), be accompanied by an audited supplementary financial statement as of a date not more than 60 days prior to the date of issue of the writs for the general election.

Priority of approved name.

14(4)

Where the Chief Electoral Officer has approved a financial statement and proposed registered name filed by a political party under this section, and where subsequent to the issue of writs for a general election the political party applies for registration, the Chief Electoral Officer shall not register another political party under clause 12(b) if the other political party

(a) has the same name as the proposed registered name approved by the Chief Electoral Officer under this section; or

(b) has a name which, or the abbreviation of which, so nearly resembles the proposed registered name, or the abbreviation of the proposed registered name, approved by the Chief Electoral Officer under this section as to be likely to cause confusion;

unless, as of the close of nominations for the general election in relation to which the political parties are applying for registration, the political party which has filed the financial statement and proposed registered name approved by the Chief Electoral Officer under this section

(c) has failed to meet either registration requirement in clause 12(b); or

(d) has failed to file with the Chief Electoral Officer a complete and accurate application for registration and audited supplementary financial statement.

No approval of same or similar name.

14(5)

Where the Chief Electoral Officer has approved a financial statement and proposed registered name filed by a political party under this section, the Chief Electoral Officer shall not, under this section, subsequently approve for another political party a proposed registered name

(a) which is the same as the proposed registered name approved by the Chief Electoral Officer under this section; or

(b) which, or the abbreviation of which, so nearly resembles the proposed registered name, or the abbreviation of the proposed registered name, approved by the Chief Electoral Officer under this section as to be likely to cause confusion.

Approved name subject to reserved name.

14(6)

A political party may reserve a proposed registered name under section 13 notwithstanding that the same name or a similar name has already been approved by the Chief Electoral Officer for another political party under this section.

Restriction on names of registered parties.

15

The Chief Electoral Officer shall not register a political party

(a) where the name of the political party, or the abbreviation thereof, includes the word "Independent" or any abbreviation thereof; or

(b) where, in the opinion of the Chief Electoral Officer, the name of the political party or the abbreviation thereof so nearly resembles the name of a registered political party or the abbreviation thereof as to be likely to cause confusion.

Effective date of registration.

16(1)

For purposes of receiving contributions in respect of which tax receipts may be issued under section 35, the effective date of registration of a political party is the later of

(a) the date on which the political party files with the Chief Electoral Officer its application for registration and audited financial statement; and

(b) the date on which the political party files with the Chief Electoral Officer such clarifying or verifying information as may be required by the Chief Electoral Officer under subsection 11(3).

Registration during election period for general election.

16(2)

Notwithstanding subsection (1), where a political party is registered during the election period of a general election, the date of issue of the writs for the general election is the effective date of registration of the political party for purposes of receiving contributions in respect of which tax receipts may be issued under section 35.

Notice of registration.

17

The Chief Electoral Officer shall cause notice of registration of a political party to be published in the Manitoba Gazette.

Maintenance of information in register.

18

Where there is any change in the particulars disclosed in the application for registration of a registered political party, the registered political party shall in writing notify the Chief Electoral Officer of the change within 30 days of the change and, upon receipt of any such notice, the Chief Electoral Officer shall vary the register accordingly.

Voluntary deregistration of political party.

19(1)

Upon application for deregistration by the chief financial officer and two other officers of a registered political party, the Chief Electoral Officer may deregister the political party.

Compulsory deregistration of political party.

19(2)

Subject to subsection (6), the Chief Electoral Officer shall deregister a registered political party where the political party

(a) fails to file any statement or return required by this Act; or

(b) fails to file with the Chief Electoral Officer any information reasonably required to clarify or verify the information contained in a statement or return filed by the political party under this Act; or

(c) fails to appoint a chief financial officer in accordance with this Act; or

(d) adopts a new name which is prohibited under section 15; or

(e) has endorsed fewer than five candidates in the most recent general election.

Notice of proposal to deregister.

19(3)

Where the Chief Electoral Officer proposes to deregister a registered political party under subsection (2), the Chief Electoral Officer shall send written notice of the proposed deregistration by certified mail to the political party; and the political party may file written objection to the proposed deregistration within 30 days of receiving the notice from the Chief Electoral Officer.

Meeting concerning proposed deregistration.

19(4)

Where the registered political party files written objection to the proposed deregistration, the Chief Electoral Officer shall provide the opportunity for representatives of the political party to meet with the Chief Electoral Officer for the purpose of challenging the grounds for the proposed deregistration.

Decision concerning deregistration.

19(5)

After a meeting, if any, held under subsection (4), if the Chief Electoral Officer is satisfied that the registered political party falls within one or more of the grounds for deregistration listed in subsection (2), the Chief Electoral Officer shall deregister the political party.

Avoiding deregistration.

19(6)

Notwithstanding anything in this section, where the Chief Electoral Officer proposes to deregister a registered political party for any violation of the Act referred to in clauses (2)(a), (b), (c) or (d), the political party may, within 30 days of receiving the notice of proposed deregistration, rectify the violation of the Act; and where the Chief Electoral Officer is satisfied that the violation has been rectified, the Chief Electoral Officer shall not deregister the political party.

No deregistration during campaign period.

19(7)

The Chief Electoral Officer shall not deregister a registered political party during the campaign period of a general election.

Re-registration.

20

Where a registered political party is de registered for any reason, including deregistration under subsection 19(1), the Chief Electoral Officer shall not subsequently register the same political party until the political party-files with the Chief Electoral Officer, in respect of the time during which the political party is deregistered, adequate statements and returns as would have been required under this Act had the political party not been deregistered.

Disposition of assets upon deregistration.

21(1)

Where a registered political party is deregistered, the chief financial officer of the political party, or such other officer of the political party as may be designated by the Chief Electoral Officer, shall, in accordance with the instructions of the Chief Electoral Officer, liquidate the assets of the political party and from the proceeds thereof shall pay all outstanding liabilities of the political party on a pro-rata basis.

Moneys held in trust.

21(2)

Where there is surplus money remaining after payment of all outstanding liabilities of a deregistered political party, the officer who liquidated the assets and paid the outstanding liabilities in accordance with subsection (1) shall turn the surplus money over to the Chief Electoral Officer, and the Chief Electoral Officer shall hold the money in trust for the political party; but if the political party does not become registered under this Act within a period of two years following its deregistration, the Chief Electoral Officer shall turn the money and accumulated interest over to the Minister of Finance to be paid into the Consolidated Fund.

Notice of deregistration.

22

The Chief Electoral Officer shall cause notice of deregistration of a political party to be published in the Manitoba Gazette.

Effective date of deregistration.

23

For purposes of the prohibition on issuing tax receipts under subsection 32(1), the effective date of deregistration of a political party is the date on which the notice of deregistration appears in the Manitoba Gazette; but a deregistered political party shall issue tax receipts in accordance with section 35 for all contributions received by or on behalf of the political party prior to the publication of the notice of its deregistration in the Manitoba Gazette.

Registration carried over.

24(1)

Notwithstanding anything in this Act, a political party which, immediately before January 1, 1985, was registered under The Elections Finances Act, being chapter 68 of the Statutes of Manitoba, 1980, shall be conclusively presumed to be registered under this Act and is not required to apply for registration under this Act.

Application of Act.

24(2)

All the provisions of this Act, including the provisions for deregistration, apply to a political party referred to in subsection (1) as if the political party were registered under this Act.

Registration of candidate.

25

Where a candidate applies in prescribed form to the Chief Electoral Officer for registration for an election in an electoral division, and where the nomination of the candidate has been filed with the returning officer of the electoral division, the Chief Electoral Officer shall register the candidate.

Early application.

26

The Chief Electoral Officer may receive a candidate's application for registration for an election in an electoral division before a writ of election is issued for the electoral division, in which case the application shall be presumed to be an application for registration as a candidate in the next election in the electoral division; but the Chief Electoral Officer shall not register the candidate until the nomination of the candidate has been filed with the returning officer of the electoral division.

Effective date of registration.

27

For purposes of receiving contributions in respect of which tax receipts may be issued under section 35, the effective date of registration of a candidate is the date on which the person becomes a candidate under this Act.

Maintenance of information in register.

28

Where there is any change in the particulars disclosed in the application for registration of a candidate, the candidate shall in writing notify the Chief Electoral Officer of the change within five days of the change and, upon receipt of any such notice, the Chief Electoral Officer shall vary the register accordingly.

Termination of registration of candidate.

29(1)

Unless sooner terminated under subsection (2), the registration of a candidate terminates at the end of the campaign period of the election for which the candidate is registered.

Termination on withdrawal.

29(2)

Where a registered candidate withdraws from the election for which the candidate is registered, the candidate's registration terminates on the date the notice of withdrawal is filed with the returning officer.

Effect on tax receipts.

29(3)

Notwithstanding subsection 32(2), tax receipts shall be issued in accordance with section 35 for all contributions received by or on behalf of a registered candidate prior to the termination of the candidate's registration.

Notice of registration and termination.

30

The Chief Electoral Officer shall cause notices of registration and termination of registration of candidates to be published in the Manitoba Gazette.

Registration numbers.

31

Upon registering a candidate or political party, the Chief Electoral Officer shall assign to the candidate or political party a registration number which shall be printed on tax receipts issued on behalf of the candidate or political party for contributions received by or on behalf of the candidate or political party.

Tax receipts by parties.

32(1)

No political party shall issue tax receipts unless the political party is registered under this Act.

Tax receipts by candidates.

32(2)

No person acting on behalf of a candidate shall issue tax receipts unless the candidate is registered under this Act.

Who may issue tax receipts.

33(1)

Where a candidate or political party is registered under this Act, no person except

(a) the chief financial officer; or

(b) a person duly appointed under section 8 as a deputy of the chief financial officer;

of the political party or candidate shall issue tax receipts for contributions received by or on behalf of the political party or candidate.

Who may issue receipts.

33(2)

Where a candidate is not registered under this Act, no person except the chief financial officer of the candidate shall issue receipts for contributions received by or on behalf of the candidate.

Constituency association not to issue.

34

No constituency association shall issue tax receipts.

Tax receipts to contributors.

35

Subject to section 36 and subsection 43(4), where a contribution of more than $10. is made to a registered political party or registered candidate, the chief financial officer or a duly authorized deputy of the chief financial officer shall issue a tax receipt therefor in a form prescribed or approved by the Chief Electoral Officer.

No tax receipts for donations in kind.

36

No tax receipts shall be issued for the value of a donation in kind made to a registered political party or registered candidate.

Contributions made at meeting.

37

Where any person in attendance at a meeting held by or on behalf of a candidate, constituency association or registered political party makes a contribution of $25. or more to the candidate, constituency association or registered political party, the name and address of the contributor, and the value of the contribution, shall be recorded

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

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

Fund raising functions.

38(1)

Where a fund raising function is held by or on behalf of a candidate, constituency association or registered political party, the income and expenses from the fund raising function shall be recorded

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

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

Portion of charge considered contribution.

38(2)

Subject to subsection (3), where an individual charge is made by the sale of tickets or otherwise for a fund raising function held by or on behalf of a candidate, constituency association or registered political party, 1/4 of the charge shall be allowed for expenses and the balance is a contribution for purposes of this Act.

Limited individual charge.

38(3)

Where the individual charge for a fund raising function is less than $15., subsection (2) does not apply and the individual charge is not a contribution for purposes of this Act.

Candidate's personal contributions.

39(1)

A candidate may make contributions in support of the candidate's own campaign for election.

Tax receipts for candidate's contributions.

39(2)

A candidate who becomes registered for the election shall be issued tax receipts for all contributions, except donations in kind, which the candidate makes in support of the candidate's own campaign after becoming registered for the election.

Value of donation in kind.

40(1)

Where a donation in kind is accepted by or on behalf of a candidate, constituency association or registered political party, the value of the donation in kind is

(a) the market value of the goods or services at the time of the donation; or

(b) the cost to the employer of the salary or wages of the employee whose services are provided.

Partial payment for goods or services.

40(2)

Where goods or services which would be donations in kind if provided without compensation are provided to a candidate, constituency association or registered political party at a price below their market value at the time of the transaction, the person or organization providing the goods or services shall be presumed to have made a donation in kind the value of which is the market value of the goods or services minus the price charged for the goods or services.

Recording donations in kind.

40(3)

Where a donation in kind is accepted by or on behalf of a candidate, constituency association or registered political party, the value of the donation in kind and the name and address of the contributor shall, for purposes of subsection 44(4) and sections 62, 64 and 67, be recorded

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

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

No contributions through intermediaries.

41(1)

No person or organization, other than a trustee acting in accordance with subsection 43(1), shall contribute to any candidate, constituency association or registered political party

(a) any money, goods or services not actually belonging to the person or organization; or

(b) any money, goods or services that have been given or furnished to the person or organization by any other person or organization for the purpose of making the contribution.

Prohibition on acceptance of contributions.

41(2)

No person acting on behalf of a candidate, constituency association or registered political party shall solicit or knowingly accept any contribution described in subsection (1).

Return of contribution.

41(3)

Upon learning of any contribution accepted by or on behalf of a candidate, constituency association or registered political party contrary to subsection (2), the chief financial officer of the candidate or registered political party, or the person responsible for the finances of the constituency association, shall forthwith return to the contributor

(a) the contribution; or

(b) an amount of money equal to the value of the contribution.

C.E.O, may require affidavit.

41(4)

The Chief Electoral Officer may require any person or organization who or which contributes to a candidate, constituency association or registered political party to file with the Chief Electoral Officer an affidavit attesting to the fact that the person or organization has not violated this section.

Anonymous contributions.

42

Any anonymous contribution of more than $10. received at a meeting or otherwise by a candidate, constituency association or registered political party shall not be used or expended, but shall be returned to the contributor if the contributor's identity can be established, and if the contributor's identity cannot be established, the contribution shall be turned over to the Minister of Finance to be paid into the Consolidated Fund.

Contributions from trust fund or organization.

43(1)

Where

(a) the trustee of a trust fund; or

(b) an organization other than a trade union;

makes any contribution to a candidate, constituency association or registered political party, the trustee or the organization shall provide to the candidate, constituency association or registered political party a statement indicating

(c) the individual sources and amounts making up the contribution; or

(d) the individual sources and amounts making up the trust fund, or the funds of the organization, from which the contribution is made.

Failure to provide statement.

43(2)

Where the trustee or organization fails to provide a statement in accordance with clause (l)(c) or (l)(d), no person acting on behalf of the candidate, constituency association or registered political party shall accept the contribution.

Return of contribution.

43(3)

Upon learning of any contribution accepted by or on behalf of a candidate, constituency association or registered political party contrary to subsection (2), the chief financial officer of the candidate or registered political party, or the person responsible for the finances of the constituency association, shall forthwith return to the contributor

(a) the contribution; or

(b) an amount of money equal to the value of the contribution.

No tax receipts for trust contributions.

43(4)

The amounts making up a contribution referred to in subsection (1) which are attributable to any person or organization are contributions of that person or organization for purposes of this Act, but no tax receipts shall be issued to that person or organization for a contribution referred to in subsection (1).

Contributions by partnerships tax receiptable.

43(5)

Notwithstanding subsection (4), where a contribution from a partnership is accompanied by a statement indicating the names of the partners who are making contributions through the partnership and the respective amounts contributed, tax receipts shall be issued to the individual contributors.

Information from trustee or organization.

43(6)

The Chief Electoral Officer may require

(a) any trustee of a trust fund; and

(b) any organization other than a trade union; who or which makes a contribution to a candidate, constituency association or registered political party to file a return with the Chief Electoral Officer showing the individual sources and amounts making up the trust fund, or the funds of the organization, from which the contribution is made.

Transfers by registered political parties.

44(1)

A registered political party may transfer money, goods or services to any constituency association of the registered political party or to any candidate endorsed by the registered political party.

Transfers by constituency associations.

44(2)

A constituency association of a registered political party may transfer money, goods or services to the registered political party or to any candidate endorsed by the registered political party.

Transfers by candidates.

44(3)

A candidate endorsed by a registered political party may transfer money, goods or services to the registered political party, but the candidate shall not transfer money, goods or services to any constituency association of the registered political party.

Tracing sources of transferred resources.

44(4)

Section 43 does not apply to or in respect of any transfers permitted under this section, except that where during any year the aggregate value of any transfers referred to in subsection (2) is $250. or more, the constituency association shall forward to the registered political party or to the candidate, as the case may be

(a) a statement indicating

(i) the name and address of any person or organization whose contributions to the constituency association in that year had an aggregate value of $250. or more, and

(ii) the aggregate value of the contributions from that person or organization to the constituency association in that year; and

(b) where the person or organization referred to in clause (a) is a trustee of a trust fund or an organization other than a trade union, a copy of the statement required under clause 43(l)(c) or 43(l)(d).

Recording of transfers.

44(5)

Any transfer permitted under this section is not a contribution to the candidate, constituency association or registered political party to whom or which the money, goods or services are transferred, but the chief financial officer of the candidate or registered political party, or the person responsible for the finances of the constituency association, by whom or by which and to whom or to which the money, goods and services are transferred shall record the transfer.

Election expenses defined.

45(1)

For purposes of this Act, "election expenses" means

(a) money spent or liabilities incurred; and

(b) the value of donations in kind accepted;

prior to or during an election period in respect of goods used or services provided during the election period for the purpose of supporting or opposing a candidate or registered political party in the election.

Items included in elections expenses.

45(2)

Without restricting the generality of the definition in subsection (1), for purposes of this Act "election expenses" includes money spent or liabilities incurred, and the value of donations in kind accepted, prior to or during an election period in respect of

(a) advertising;

(b) the services of any person acting as official agent, organizer, manager, office worker, or other campaign worker;

(c) 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;

(d) transportation, accommodation, and food and refreshment for candidates, campaign workers, and leaders of registered political parties;

(e) rental or purchase of office space, including office equipment and supplies and costs of utilities such as telephones, hydro service, and heating;

(f) hall rental and other meeting space;

(g) posters, leaflets, pamphlets, letters, cards, and other promotional material;

(h) signs and banners;

(i) lumber and other structural supports for signs and banners; and

(j) mailing or other distribution of election materials;

used or provided during an election period for the purpose of supporting or opposing a candidate or registered political party in the election.

Items not included in election expenses.

45(3)

For purposes of this Act, "election expenses" does not include money spent or liabilities incurred, and the value of donations in kind accepted, in respect of

(a) a leadership convention or other conference or convention of a registered political party.

(b) meetings to nominate candidates for an election;

(c) the 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;

(d) auditor's fees;

(e) any recount for an election in an electoral division; and

(f) 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.

Transfered resources as election expenses.

46

Where goods or services transfered under section 44 are used as election expenses, or where money transfered under section 44 is used to finance election expenses, the election expenses are attributable to the transferee and not to the transferor of the money, goods or services.

Who may incur election expenses.

47(1)

Subject to subsection (2), no person or organization except

(a) the chief financial officer of a candidate or registered political party; or

(b) a person or organization acting on behalf of a candidate or registered political party with the knowledge and consent of the chief financial officer of the candidate or registered political party;

shall incur election expenses.

Election expenses preceding appointment.

47(2)

Notwithstanding subsection (1), where the candidacy period of a candidate commences prior to the appointment of the chief financial officer of the candidate

(a) the candidate; or

(b) a person or organization acting on behalf of the candidate with the knowledge and consent of the candidate;

may incur election expenses for that portion of the candidacy period which precedes the appointment of the chief financial officer of the candidate; but for purposes of this Act, the chief financial officer of the candidate shall be presumed to have incurred all the election expenses referred to in this subsection.

Authorization for printed material.

48(1)

No person or organization shall print, publish or distribute during an election period

(a) any 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) any poster, leaflet, letter, card or other promotional material; or

(c) any sign or banner;

the purpose of which is to support or oppose a candidate or registered political party in the election unless

(d) the advertisement, promotional material, or sign or banner is authorized by the chief financial officer of the candidate or registered political party on behalf of whom or which the advertisement, promotional material, or sign or banner is printed, published, or distributed; and

(e) a statement of the authorization is printed on the advertisement, promotional material, or sign or banner.

Exception for expressions of opinion.

48(2)

Clause (l)(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 radio or television advertisements.

48(3)

No person or organization shall during an election period cause to appear on radio or television any advertisement the purpose of which is to support or oppose a candidate or registered political party in the election unless

(a) the advertisement is authorized by the chief financial officer of the candidate or registered political party on behalf of whom or which the advertisement appears; and

(b) a statement of the authorization is announced or shown with the advertisement.

Authorization by candidate.

48(4)

Where the candidacy period of a candidate commences prior to the appointment of the chief financial officer of the candidate, the candidate shall provide the authorization referred to in subsections (1) and (3) in respect of any advertisements, promotional materials, or signs or banners prepared prior to the appointment of the chief financial officer of the candidate.

Authorization in writing.

48(5)

Where the printing, publishing or distribution of material referred to in subsection (1), or the announcing or showing of advertisements referred to in subsection (3), involves an expenditure of $250. or more, the authorization required under this section shall be in writing.

Issues of public policy.

49

Where at any time a person or organization incurs expenses

(a) for the purpose of gaining support on an issue of public policy, or for the purpose of advancing the aims of an organization other than a registered political party or an organization of a partisan political character; and

(b) without supporting or opposing a particular candidate or registered political party;

the person or organization shall be presumed not to have incurred election expenses for purposes of this Act.

Limitation on election expenses of registered party.

50(1)

Subject to section 52, the total election expenses incurred by or on behalf of a registered political party, including election expenses incurred by any person or organization acting on behalf of the registered political party with the knowledge and consent of the registered political party, shall not exceed

(a) in the case of a registered political party in relation to a general election, the amount determined by multiplying $.80 by the number of names on the revised 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 $1.50 by the number of names on the revised voters' lists for the electoral division.

Limitation on election expenses of candidate.

50(2)

Subject to section 52, the total election expenses incurred by or on behalf of a candidate, including election expenses incurred by any person or organization acting on behalf of the candidate with the knowledge and consent of the candidate, shall not exceed

(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 $1.25 by the number of names on the revised 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 $2. by the number of names on the revised voters' lists for the electoral division.

Limitation on advertising expenses of registered party.

51(1)

Subject to section 52, the total advertising expenses incurred by or on behalf of a registered political party, including advertising expenses incurred by any person or organization acting on behalf of the registered political party with the knowledge and consent of the registered political party, shall not exceed

(a) in the case of a registered political party in relation to a general election, the amount determined by multiplying $.40 by the number of names on the revised 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 $.75 by the number of names on the revised voters' lists for the electoral division.

Limitation on advertising expenses of candidate.

51(2)

Subject to section 52, the total advertising expenses incurred by or on behalf of a candidate, including advertising expenses incurred by any person or organization acting on behalf of the candidate with the knowledge and consent of the candidate, shall not exceed the amount determined by multiplying $.25 by the number of names on the revised voters' lists for the electoral division in which the person is a candidate.

Advertising expenses included in election expenses.

51(3)

The total advertising expenses permitted under this section are included in, and are not in addition to, the total election expenses permitted under section 50.

Variation of limitations on expenses.

52

For purposes of any election held subsequent to the coming into force of this Act, the maximum amount to be permitted on a per voter basis for election expenses and advertising expenses under sections 50 and 51 respectively shall be increased or decreased in accordance with the following formula:

Formula

M = A x I ÷ 103.9

In this formula

M

is the maximum amount to be permitted on a per voter basis for election expenses and advertising expenses in the election;

A

is the maximum amount permitted on a per voter basis for election expenses and advertising expenses under sections 50 and 51 respectively;

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.

Publication of new maximum amounts.

53

Forthwith after the issue of a writ or writs for an election, the Chief Electoral Officer shall calculate, in accordance with the formula set out in section 52, the maximum amounts to be permitted on a per voter basis for the election expenses and advertising expenses of candidates and registered political parties in the election and shall cause the results of the calculation to be published in the Manitoba Gazette.

Names on revised voters' lists.

54

The returning officer in each electoral division shall, 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 4th day after the day fixed for the close of nominations of candidates in the election; and

(b) issue a certificate indicating the number to the Chief Electoral Officer and to each candidate in the electoral division.

Claim for election expenses.

55(1)

Every person who has a claim against a candidate or registered political party for an election expense shall send the claim to the chief financial officer of the candidate or registered political party prior to polling day or within one month after polling day for the election.

Death of claimant.

55(2)

Where a person having a claim against a candidate or registered political party for an election expense dies before the expiry of the one month period referred to in subsection (1), the person's personal representative shall send the claim to the chief financial officer of the candidate or registered political party within one month after letters probate or letters of administration have issued in respect of the person's estate.

Payments through chief financial officer.

55(3)

Subject to subsection (4), no person or organization except

(a) the chief financial officer of a candidate or registered political party; or

(b) a person or organization acting on behalf of a candidate or registered political party with the knowledge and consent of the chief financial officer of the candidate or registered political party;

shall make any payment in respect of a claim against the candidate or registered political party for an election expense.

Payment or authorization by candidate.

55(4)

Where the chief financial officer of a candidate is unable or unwilling to make or authorize a payment in respect of a claim against the candidate for an election expense, the candidate may make or authorize the payment.

Barring of claims in respect of election expenses.

55(5)

Where a claim for an election expense is not sent to the chief financial officer of the candidate or registered political party within the time period set out under subsection (1) or (2), as the case may be, the right to recover on the claim is barred unless the claim is approved by a court in any proceeding.

Restriction on government advertising.

56(1)

No department of the government of Manitoba and no Crown agency shall

(a) during an election period for a general election, publish or advertise in any manner; or

(b) during an election period for a by-election in an electoral division, publish or advertise in any manner in the electoral division;

any information concerning the programs or activities of the department or Crown agency, except

(c) in continuation of earlier publications or advertisements concerning ongoing programs of the department or Crown agency; or

(d) to solicit applications for employment with the department or Crown agency; or

(e) where the publication or advertisement is required by law; or

(f) where the publication or advertisement is deemed necessary by the Chief Electoral Officer for the administration of an election.

Complaint concerning government advertising.

56(2)

Any person who believes that a department or Crown agency has violated subsection (1) may file a complaint with the Chief Electoral Officer, and where the Chief Electoral Officer finds that the complaint is justified, the Chief Electoral Officer shall provide particulars of the violation in the annual report to the Speaker of the Assembly under section 99.

Form of financial statements and returns.

57(1)

The statements and returns required to be filed with the Chief Electoral Officer under this Act shall be in prescribed forms to disclose the information or particulars required to be disclosed under this Act.

Provision of information.

57(2)

Where any information with respect to the financial affairs of a candidate, constituency association or registered political party is reasonably required to clarify or verify the information contained in a statement or return filed under this Act, the Chief Electoral Officer may request such information in writing, and, within 30 days after receiving the request or within such extended period of time as the Chief Electoral Officer may allow, the chief financial officer of the candidate or registered political party, or the person responsible for the finances of the constituency association, shall provide the information.

Extension of time.

57(3)

Where under this Act a statement or return is required to be filed with the Chief Electoral Officer within a prescribed time period, the person required to file the statement or return may apply for an extension of time before the expiry of that time period or any extension thereof granted under this subsection, and the Chief Electoral Officer may grant an extension of the time period within which the statement or return shall be filed.

Maintaining records.

58

Every candidate, constituency association and registered political party shall preserve the records upon which a statement or return is based for at least two years from the date of filing of the statement or return.

Annual statement of registered political party.

59

Within three months after the end of every year, the chief financial officer of every registered political party shall file with the Chief Electoral Officer an audited statement setting out

(a) the income, including contributions and transfers, during the year;

(b) the expenses, including transfers, during the year; and

(c) the assets and liabilities;

of the registered political party.

Statement of registered political party for election.

60

Where during a year there occurs an election in respect of which a registered political party incurs election expenses, the statement filed under section 59 shall not include

(a) the income, including contributions and transfers, of the registered political party during the campaign period of the election.

(b) the election expenses, including advertising expenses, of the registered political party: and

(c) the transfers made by the registered political party during the campaign period of the election to any candidate endorsed by the registered political party in the election or to any constituency association of the registered political party in any electoral division in which the election is being contested:

and, within 30 days after the expiry of the campaign period for the election, the chief financial officer of the registered political party shall file with the Chief Electoral Officer a separate audited statement setting out details of the matters referred to in clauses (a), (b) and (c).

Statement of candidate.

61

Within 30 days after the expiry of the campaign period of an election, the chief financial officer of every candidate in the election shall file with the Chief Electoral Officer an audited statement setting out

(a) the income, including contributions and transfers, of the candidate during the candidacy period of the candidate;

(b) the election expenses, including advertising expenses, of the candidate; and

(c) in the case of a candidate endorsed by a registered political party, the transfers made by the candidate to the registered political party during the candidacy period of the candidate.

Details of contributions to political parties.

62

At the time of filing a statement under section 59, the chief financial officer of a registered political party shall also file with the Chief Electoral Officer a return setting out in respect of the fiscal year covered by the statement

(a) where the aggregate value of the contributions received by or on behalf of the registered political party during the year from any person or organization was $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 registered political party during the year:

(b) where the aggregate value of the contributions received by or on behalf of the registered political party during the year from any person or organization was $25. or more but was less than $250., the aggregate value of all such contributions from all such contributors to the registered political party during the year;

(c) the aggregate value of all contributions received by or on behalf of the registered political party during the year and not included in the aggregates required to be set out under clauses (a) and (b); and

(d) where the aggregate value of transfers to the registered political party from any constituency association of the registered political party during the year was $250. or more

(i) the name and address of any person or organization whose contributions to the constituency association during the year had an aggregate value of $250. or more, and (ii) the aggregate value of the contributions from that person or organization to the constituency association during the year.

Election not to affect return.

63

Notwithstanding that during a year there occurs an election in respect of which a registered political party files a statement under section 60, the return filed under section 62 shall take into account the entire 12 months of the year.

Details of contributions to candidate.

64

At the time of filing a statement under section 61, the chief financial officer of every candidate shall also file with the Chief Electoral Officer a return setting out in respect of the candidacy period of the candidate

(a) where the aggregate value of the contributions received by or on behalf of the candidate during the candidacy period from any person or organization was $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 candidacy period;

(b) where the aggregate value of the contributions received by or on behalf of the candidate during the candidacy period from any person or organization was $25. or more but was less than $250., the aggregate value of all such contributions from all such contributors to the candidate during the candidacy period;

(c) the aggregate value of all contributions received by or on behalf of the candidate during the candidacy period and not included in the aggregates required to be set out under clauses (a) and (b); and

(d) in the case of a candidate endorsed by a registered political party, where the aggregate value of transfers to the candidate from any constituency association of the registered political party during the candidacy period was $250. or more

(i) the name and address of any person or organization whose contributions to the constituency association during the candidacy period had an aggregate value of $250. or more, and

(ii) the aggregate value of the contributions from that person or organization to the constituency association during the candidacy period.

Candidate to keep records.

65

Where the candidacy period of a candidate commences prior to the appointment of the candidate's chief financial officer, the candidate shall maintain records of contributions, transfers and election expenses in sufficient detail to meet the filing requirements under section 61 and section 64 of this Act: and upon the appointment of the candidate's chief financial officer, the candidate shall turn the records over to the chief financial officer.

Filing by candidate who withdraws.

66(1)

Sections 61 and 64 apply to any candidate who withdraws from an election.

Candidacy period defined.

66(2)

For purposes of sections 61 and 64, the candidacy period of a candidate who withdraws from an election commences on the date on which the person becomes a candidate in the election under this Act and ends on the date on which the person withdraws from the election.

Candidate to meet filing requirements.

66(3)

Where a candidate withdraws from an election prior to the appointment of a chief financial officer of the candidate, the candidate shall file the statement required under section 61 and the return required under section 64.

Return by constituency association.

67

Where during any year the aggregate value of the contributions received by or on behalf of a constituency association from any person or organization is $250. or more, the person responsible for the finances of the constituency association shall, within 30 days after the end of the year, file with the Chief Electoral Officer a return setting out

(a) the name and address of the person or organization; and

(b) the aggregate value of the contributions from that person or organization to the constituency association during the year.

Contributions towards candidate's deficit.

68

Where after the end of a campaign period a candidate receives from any person or organization, in respect of the candidate's campaign deficit, contributions which in any year have an aggregate value of $250. or more, the candidate shall, within 30 days after the end of the year, file with the Chief Electoral Officer a return setting out

(a) the name and address of the person or organization: and

(b) the aggregate value of the contributions from that person or organization to the candidate during the year.

Failure to file by chief financial officer.

69(1)

Where the chief financial officer of a candidate or registered political party does not file a statement or return with the Chief Electoral Officer within the time period prescribed under this Act or any extension thereof granted by the Chief Electoral Officer, the Chief Electoral Officer shall give written notice by personal service or by certified mail

(a) in the case of the chief financial officer of a candidate, to the candidate; and

(b) in the case of the chief financial officer of a registered political party, to the leader or other responsible officer of the registered political party;

that the statement or return has not been filed.

Filing by candidate or party leader.

69(2)

A candidate, or the leader or other responsible officer of a registered political party, who receives notice under subsection (1) shall, within 30 days after receiving the notice or within such extended time period as may be granted by the Chief Electoral Officer, file the statement or return.

Failure to file by successful candidate.

69(3)

Where a candidate who has been elected fails to file a statement or return in accordance with subsection (2), the Chief Electoral Officer shall send a written report of the failure to file to the Speaker of the Assembly who shall

(a) if the Assembly is then in session, forthwith lay the report before the Assembly; or

(b) if the Assembly is not then in session, lay the report before the Assembly on the first day of the next ensuing session;

and unless the statement or return is filed with the Chief Electoral Officer, the candidate shall not sit in the Assembly.

Failure to file by unsuccessful candidate.

69(4)

Where a candidate who has not been elected fails to file a statement or return in accordance with subsection (2), the candidate is ineligible to be nominated as a candidate in any election up to and including the next general election unless the statement or return is filed with the Chief Electoral Officer.

Additional penalties retained.

69(5)

Nothing in this section precludes the imposition of any other penalty against any person for a violation of this Act.

Inspection by public.

70(1)

All statements and returns filed with the Chief Electoral Officer and all registers and records maintained by the Chief Electoral Officer, including copies of any certificates filed by the Chief Electoral Officer with the Minister of Finance, are public information and are open to inspection by anyone at any time during regular office hours.

Copies of documents.

70(2)

Upon payment of the appropriate fee prescribed by the Chief Electoral Officer, any person may obtain a copy of

(a) any statement or return filed with the Chief Electoral Officer; or

(b) any entry in a register or record maintained by the Chief Electoral Officer; or

(c) any certificate filed by the Chief Electoral Officer with the Minister of Finance.

Certificate in respect of registered political party.

71(1)

Forthwith after receiving all the information required under section 60 or such clarifying or verifying information as may be required by the Chief Electoral Officer under subsection 57(2), the Chief Electoral Officer shall file with the Minister of Finance a certificate in respect of each registered political party which

(a) in the case of a general election, endorsed candidates who obtained in the aggregate 10% or more of all the valid votes cast in all the electoral divisions in the province; and

(b) in the case of a by-election in an electoral division, endorsed a candidate who obtained 10% or more of the valid votes cast in the electoral division.

Contents of certificate.

71(2)

The certificate filed by the Chief Electoral Officer under subsection (1) shall

(a) confirm that the information required under section 60 has been provided;

(b) set out the total election expenses permitted to the registered political party under subsection 50(1) as varied in accordance with section 52;

(c) set out the actual election expenses, excluding donations in kind, incurred by or on behalf of the registered political party; and

(d) set out the amount which is the lesser of

(i) 50% of the total election expenses permitted to the registered political party under subsection 50(1) as varied in accordance with section 52, and

(ii) 50% of the actual election expenses, excluding donations in kind, incurred by or on behalf of the registered political party.

Reimbursement to registered political party.

71(3)

Upon receipt of the certificate referred to in subsection (1), the Minister of Finance shall

(a) subject to subsection 73(1), pay out of the Consolidated Fund to the chief financial officer of the registered political party to which the certificate relates, as reimbursement in respect of the election expenses of the registered political party, the amount calculated under clause (2)(d); and

(b) pay out of the Consolidated Fund to the auditor for the registered political party, $250. or such lesser sum as the Chief Electoral Officer deems reasonable as a fee for auditing the statement filed under section 60.

Certificate in respect of candidate.

72(1)

Forthwith after receiving the information required under section 61 or such clarifying or verifying information as may be required by the Chief Electoral Officer under subsection 57(2), the Chief Electoral Officer shall file with the Minister of Finance a certificate in respect of each candidate who obtained 10% or more of all the valid votes cast in the electoral division in which the person was a candidate.

Contents of certificate.

72(2)

The certificate filed by the Chief Electoral Officer under subsection (1) shall

(a) confirm that the information required under section 61 has been provided;

(b) set out the total election expenses permitted to the candidate under subsection 50(2) as varied in accordance with section 52;

(c) set out the actual election expenses, excluding donations in kind, incurred by or on behalf of the candidate; and

(d) set out the amount which is the lesser of

(i) 50% of the total election expenses permitted to the candidate under subsection 50(2) as varied in accordance with section 52, and

(ii) 50% of the actual election expenses, excluding donations in kind, incurred by or on behalf of the candidate.

Reimbursement to candidate.

72(3)

Upon receipt of the certificate referred to in subsection (1), the Minister of Finance shall

(a) subject to subsection 73(1) and sections 75 and 76, pay out of the Consolidated Fund to the chief financial officer of the candidate to whom the certificate relates, as reimbursement in respect of the election expenses of the candidate, the amount calculated under clause (2)(d); and

(b) pay out of the Consolidated Fund to the auditor for the candidate, $250. or such lesser sum as the Chief Electoral Officer deems reasonable as a fee for auditing the statement filed under section 61.

Reduction of reimbursement for overspending.

73(1)

Where the actual election expenses, including donations in kind, incurred by or on behalf of a candidate or registered political party exceed the total election expenses permitted to the candidate or registered political party under section 50 as varied in accordance with section 52, the reimbursement payable under clause 71(3)(a) or 72(3)(a) shall be reduced by $1. for every $1. by which the actual election expenses incurred by or on behalf of the candidate or registered political party exceed the total election expenses permitted to the candidate or registered political party under section 50 as varied in accordance with section 52.

Additional penalties retained.

73(2)

Nothing in subsection (1) precludes the imposition of any other penalty against any person or organization for a violation of this Act.

Certificates in respect of other parties and candidates.

74(1)

Where a registered political party or a candidate receives an insufficient percentage of valid votes to qualify for reimbursement under section 71 or 72 respectively, the Chief Electoral Officer, forthwith after receiving all the information required under section 60 or 61 or such clarifying or verifying information as may be required under subsection 57(2), shall file with the Minister of Finance a certificate confirming that the information required under section 60 or 61 has been provided.

Reimbursement of auditor's fee.

74(2)

Upon receipt of the certificate referred to in subsection (1), the Minister of Finance shall pay out of the Consolidated Fund to the auditor for the registered political party or the candidate to which or whom the certificate relates, $250. or such lesser sum as the Chief Electoral Officer deems reasonable as a fee for auditing the statement filed under section 60 or 61.

Contributions exceeding election expenses.

75

Where the value of the contributions, excluding donations in kind, received by or on behalf of a candidate exceeds the actual election expenses, excluding donations in kind, incurred by or on behalf of the candidate

(a) the chief financial officer of the candidate shall pay the excess amount

(i) in the case of a candidate endorsed by a registered political party, to the chief financial officer of the registered political party, and

(ii) in the case of a candidate not endorsed by a registered political party, to the Minister of Finance to be paid into the Consolidated Fund; and

(b) the Minister of Finance shall

(i) in the case of a candidate endorsed by a registered political party, pay the reimbursement calculated under clause 72(2)(d) and subsection 73(1) to the chief financial officer of the registered political party, and

(ii) in the case of a candidate not endorsed by a registered political party, pay no reimbursement.

Contributions and reimbursement exceeding expenses.

76

Where the value of the contributions, excluding donations in kind, received by or on behalf of a candidate does not exceed the actual election expenses, excluding donations in kind, incurred by or on behalf of the candidate, but where the aggregate of

(a) the value of the contributions, excluding donations in kind, received by or on behalf of the candidate; and

(b) the reimbursement calculated under clause 72(2)(d) and subsection 73(1);

exceeds

(c) the actual election expenses, excluding donations in kind, incurred by or on behalf of the candidate;

the Minister of Finance shall

(d) in the case of a candidate endorsed by a registered political party

(i) pay to the chief financial officer of the registered political party, the aggregate of the amounts referred to in clauses (a) and (b) minus the amount referred to in clause (c), and

(ii) pay to the chief financial officer of the candidate, the amount referred to in clause (c) minus the amount referred to in clause (a); and

(e) in the case of a candidate not endorsed by a registered political party, pay to the chief financial officer of the candidate the amount referred to in clause (c) minus the amount referred to in clause (a).

Effect of withdrawal by candidate.

77(1)

Where a candidate withdraws from an election and where, at the time of the candidate's withdrawal, the value of the contributions, excluding donations in kind, received by or on behalf of the candidate exceeds the actual election expenses, excluding donations in kind, incurred by or on behalf of the candidate, the chief financial officer of the candidate shall pay the excess amount

(a) in the case of a candidate endorsed by a registered political party, to the chief financial officer of the registered political party; and

(b) in the case of a candidate not endorsed by a registered political party, to the Minister of Finance to be paid into the Consolidated Fund.

Payment by candidate.

77(2)

Where a candidate withdraws from an election prior to the appointment of a chief financial officer of the candidate, the candidate shall pay the excess amount in accordance with subsection (1).

Obstruction.

78

No person or organization shall obstruct any person carrying out an audit, inquiry, investigation or examination under this Act or withhold from the person or conceal or destroy any books, papers, documents or things relevant to the audit, inquiry, investigation or examination.

False receipts.

79

No person or organization shall issue a receipt purporting to be for a contribution received by or on behalf of a candidate or registered political party unless the contribution indicated in the receipt was made to or for the benefit of the candidate or registered political party.

False registration numbers.

80

No person or organization shall issue a receipt showing a registration number falsely purporting to be assigned to the person or organization under this Act.

False documents.

81

No person or organization shall knowingly make a false statement in any application, statement, return or other document filed with the Chief Electoral Officer under this Act.

False information respecting contributions.

82

No person or organization shall knowingly give, to a chief financial officer or other person authorized to receive contributions or to issue receipts therefor, false information in respect of any contribution or alleged contribution.

Failure to file adequate documents.

83

Every person or organization who or which

(a) fails to file with the Chief Electoral Officer a statement or return required under this Act within the prescribed time period or any extension thereof granted by the Chief Electoral Officer; or

(b) files with the Chief Electoral Officer a statement or return which substantially fails to disclose the information required under this Act or the regulations: or

(c) fails substantially to provide such clarifying or verifying information with respect to a statement or return filed with the Chief Electoral Officer under this Act as may be required by the Chief Electoral Officer:

is guilty of an offence and is liable on summary conviction

(d) in the case of a registered political party, to a fine not exceeding $20,000.; and

(e) in all other cases, to a fine not exceeding $2,000.

Exceeding limits on election expenses.

84

Every candidate or registered political party who or which contravenes section 50, as varied in accordance with section 52, is guilty of an offence and is liable on summary conviction

(a) in the case of a registered political party, to a fine not exceeding $20,000.; and

(b) in the case of a candidate, to a fine not exceeding $2,000.

Exceeding limits on advertising expenses.

85

Every candidate or registered political party who or which contravenes section 51, as varied in accordance with section 52, is guilty of an offence and is liable on summary conviction

(a) in the case of a registered political party, to a fine not exceeding $20,000.: and

(b) in the case of a candidate, to a fine not exceeding $2,000.

Officers responsible for overspending.

86

Every chief financial officer or other officer of a candidate or registered political party who, in acting on behalf of the candidate or registered political party, is responsible for a contravention of section 50 or section 51, as varied in accordance with section 52, is guilty of an offence and is liable on summary conviction to a fine not exceeding $2,000.

Unauthorized election expenses.

87

Every person or organization who or which incurs election expenses in contravention of subsection 47(1) is guilty of an offence and is liable on summary conviction to a fine not exceeding $10,000.

General offences.

88

Every person or organization who or which contravenes or fails to comply with any provision of this Act or the regulations, except subsection 56(1) of this Act, is guilty of an offence and, if no other fine is provided therefor, is liable on summary conviction

(a) in the case of a registered political party, to a fine of not more than $5,000.; and

(b) in all other cases, to a fine of not more than $1,000.

Status of organizations in prosecutions.

89

A prosecution for an offence under this Act or the regulations may be instituted against a political party, constituency association, trade union or other organization in the name of the organization and, for the purposes of the prosecution, the organization shall be conclusively presumed to be a person.

Vicarious liability of party or candidate.

90(1)

Where the chief financial officer or any deputy of the chief financial officer of a political party or candidate is guilty of an offence under this Act or the regulations, the political party or candidate may be charged with the same offence and, if convicted, is liable to the fine imposed for the offence under this Act.

Saving.

90(2)

Nothing in subsection (1) precludes prosecution against a candidate or political party for an offence under this Act or the regulations committed by any person or organization

(a) acting on behalf of the political party or candidate within the scope of the actual or apparent authority of the person or organization; or

(b) acting with the knowledge and consent of the political party or candidate.

Status in prosecutions.

91

For the purposes of prosecutions for offences under this Act or the regulations, the Chief Electoral Officer

(a) may lay informations and complaints;

(b) may institute proceedings; and

(c) has all the rights, powers, authority and privileges that the Crown, and officers of the Crown, have in or in respect of prosecutions for offences under any other Act of the Legislature.

Restriction on prosecutions.

92

No person other than the Chief Electoral Officer shall prosecute anyone for an offence under this Act or the regulations.

Crown not to prosecute.

93

Neither the Crown, nor any officer of the Crown, has any status or shall take any steps or interfere in any way with the conduct by the Chief Electoral Officer of a prosecution for an offence under this Act or the regulations.

Time limits on prosecutions.

94

Notwithstanding The Summary Convictions Act, the Chief Electoral Officer may initiate a prosecution under this Act at any time within 6 months from the date on which the Chief Electoral Officer becomes aware of the alleged offence; but no prosecution shall be initiated more than two years after the date of the occurrence of the alleged offence.

Appeals from decisions of Chief Electoral Officer.

95(1)

Any person or organization who or which is directly affected by any action or decision of the Chief Electoral Officer under this Act or the regulations, other than a decision to prosecute for an alleged offence under this Act or the regulations, may appeal the action or decision by application to the Court of Queen's Bench made within 30 days after the date the action is taken or the decision is made and, upon hearing the appeal, the court may

(a) confirm the action or decision; or

(b) quash or set aside the action or decision; or

(c) vary the action or decision in such particulars as it deems right;

and may award costs in the appeal.

Status for appeals.

95(2)

For the purposes of taking an appeal under this section, a political party, constituency association, trade union or other organization shall be conclusively presumed to be a legal entity and to have the capacity and status of a natural person.

Application for injunction.

96(1)

Any person who alleges a violation of subsection 47(1) may apply to a judge of the Court of Queen's Bench for an injunction to restrain the alleged violation.

Speedy disposition.

96(2)

Where an application is made under subsection (1)

(a) the applicant shall make the originating notice of motion returnable for hearing not less than three days and not more than seven days after the date on which it is filed:

(b) the judge shall finally hear the matter within three days of the date upon which the originating notice of motion is made returnable for hearing; and

(c) the judge shall determine the matter within 24 hours of the completion of the hearing.

Determination and costs.

96(3)

Upon hearing an application under subsection (1), the judge may

(a) refuse the injunction, or grant the injunction for such time and upon such terms as the judge sees fit; and

(b) award costs for or against any party to the hearing;

and the decision is final and binding and there is no appeal therefrom.

Injunction in addition to prosecution.

96(4)

An application for an injunction under this section does not preclude a prosecution by the Chief Electoral Officer for an offence under section 87.

Application for declaration.

97(1)

Any person who alleges a violation of subsection 56(1) may apply to a judge of the Court of Queen's Bench for a declaration that subsection 56(1) has been violated.

Speedy disposition.

97(2)

Subsection 96(2) applies with such modifications as the circumstances require to an application for a declaration under subsection (1).

Determination and costs.

97(3)

Upon hearing an application under subsection (1), the judge may

(a) declare or refuse to declare that subsection 56(1) has been violated; and

(b) award costs for or against any party to the hearing;

and the decision is final and binding and there is no appeal therefrom.

Regulations.

98

For the purpose of carrying out the provisions of this Act according to their intent, the Chief Electoral Officer may make regulations ancillary thereto and not inconsistent therewith; and every regulation made under, and in accordance with the authority granted by this section has the force of law; and, without restricting the generality of the foregoing, the Chief Electoral Officer may make regulations

(a) prescribing forms for use under this Act;

(b) prescribing the method or form of disclosure of information or particulars required to be disclosed under this Act;

(c) prescribing the nature of accounts required to be maintained in financial institutions by political parties and candidates; and

(d) prescribing fees for providing copies of documents filed with the Chief Electoral Officer.

Annual report.

99(1)

The Chief Electoral Officer shall make an annual report to the Speaker of the Assembly on the administration of this Act, and the Speaker shall cause the report to be laid before the Assembly forthwith if the Assembly is in session and if the Assembly is not in session, within 15 days of the beginning of the next ensuing session.

Recommendations concerning Act.

99(2)

In the report made under subsection (1), the Chief Electoral Officer may make recommendations respecting amendments to this Act and in particular the Chief Electoral Officer may make recommendations concerning

(a) the appropriateness of the limitations on election and advertising expenses under this Act; and

(b) the appropriateness of the reimbursements payable to candidates and registered political parties under this Act.

Review of report by committee.

99(3)

Where the report of the Chief Electoral Officer contains recommendations concerning any of the matters referred to in clauses (2)(a) or (2)(b), the report shall stand referred to the Standing Committee of the Assembly on Privileges and Elections for consideration of those matters.

Commencement of Act.

100

Sections 47, 48, 49, 87 and 96 and subsection 97(2) of this Act come into force on a day fixed by proclamation.