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Statutes of Newfoundland 1998


CHAPTER 13

CHAPTER 13

AN ACT TO AMEND THE ELECTIONS ACT, 1991

(Assented to June 5, 1998)

Analysis

1. S.56.1 Added
Agreement with CEO Canada

2. S.58 Amdt.
Time for making list

3. S.59 Amdt.
Nomination day

4. S.70(1) R&S
Conditions to be met

5. Ss. Added
226.1 Campaign advertising
226.2 Rates for advertising

6. Part III R&S
ELECTION FINANCES
269. Interpretation
270. Exceptions
271. Existing trust funds
272. Staff
273. Duties of CEO
274. Powers to inspect
275. Information
276. Audit
277. Inspection of
information
278. Registration of parties
279. Registration presumed
280. Deregistration
281. Consequential
de-registration
282. Contributions
283. Anonymous
contributions
284. Money not a
contribution
285. Contributor to use
own funds
286. Funds from other
parties
287. Value of goods
and services
288. Advertising as
contribution
289. Fund-raising
290. Receipts
291. Improper contributions
292. Group contributions
293. Report contributions
294. Solicitation of
contributions
295. Transfer of funds
296. Union group
contributions
297. Who accepts for
candidate
298. Chief financial officer
299. Recording of
contributions
300. Borrowing
301. Guarantees
302. Appointment of auditor
303. Annual filing of audit
304. Filing financial
statement
305. Election expenses
306. Authorization of
expenses
307. Candidatesí expenses
308. Invoice needed
309. Claim time limit
310. Election expense limits
311. Expenses adjustment
formula
312. Reimbursement of
expenses
313. Treatment of surplus
314. Withdrawal of personís
candidacy
315. Forms
316. Offence: exceeding
expense limit
317. Offence: false
statement
318. Offence: false receipt
319. Offence: destruction
of records
320. Non-compliance with
time limit
321. Corporation or union
322. General offence
323. Obstructing
investigation
324. False statement
325. False information
326. Style of prosecution
327. Vicarious
responsibility

7. S.341 Rep.
Commencement

8. RSN1990 cH-10
Amdt.
Writ of election

9. RSN1990 cI-1
Amdt.

10. Commencement

Be it enacted by the Lieutenant-Governor and House of Assembly in Legislative Session convened, as follows:


SN1992 cE-3.1

1. The Elections Act, 1991 is amended by adding immediately after section 56 the following:

Agreement with CEO Canada

56.1 (1) The Chief Electoral Officer may enter into an agreement with the chief electoral officer for Canada with respect to the supply to the Chief Electoral Officer by the chief electoral officer for Canada of information contained in the register of electors prepared in respect of the province under the Canada Elections Act.

(2) Notwithstanding sections 54 and 56, the Chief Electoral Officer may use information obtained under an agreement referred to in subsection (1) to prepare a new Permanent List of Electors for the purpose of this Act or to revise or correct the Permanent List of Electors referred to in section 54.

(3) Notwithstanding section 56, a list of electors prepared from information obtained under an agreement referred to in subsection (1) may be revised or corrected using information obtained under an agreement referred to in subsection (1).

2. Section 58 of the Act is amended by striking out the figure "30" and substituting the figure "21".

3. Section 59 of the Act is amended by striking out the figure and letters "15th" and substituting the figure and letters "10th".

4. Subsection 70(1) of the Act is repealed and the following substituted:

Conditions to be met

70. (1) A nomination paper shall be accompanied by

(a) the consent in writing of the person nominated in it except where that person is absent from the province when the absence shall be stated in the nomination paper;

(b) an affidavit of the candidate as to his or her qualifications, in the prescribed form, including the party affiliation of the candidate, where the candidate is affiliated with a party;

(c) a deposit of $100 in legal tender or a certified cheque made payable to the Chief Electoral Officer for that amount to be held in trust by the Chief Electoral Officer;

(d) the name and address of the chief financial officer appointed under section 298;

(e) the full name and address of the candidate;

(f) the address of the place where records of the candidate are maintained and of the place to which communications may be addressed;

(g) the names of all persons authorized by the candidate to accept contributions;

(h) the name and address of every chartered bank, trust company or other financial institution that is lawfully entitled to accept deposits to be used by or on behalf of the candidate as the depositories for all contributions made to that candidate; and

(i) the names of the persons responsible for each depository referred to in paragraph (h).

5. The Act is amended by adding immediately after section 226 the following:

Campaign advertising

226.1 (1) A registered party or candidate, and a person, corporation or trade union acting with its or his or her knowledge and consent shall not, after the issue of a writ for an election and before the day immediately following the polling day, except during the period of 21 days immediately preceding the day before polling day,

(a) advertise on the facilities of a broadcasting undertaking; or

(b) procure for publication, publish or consent to the publication of, except during that period, an advertisement in a newspaper, magazine or other periodical publication,

for the purpose of promoting or opposing a political party or the election of a candidate.

(2) Subsection (1) does not apply

(a) to advertising of public meetings in districts;

(b) to advertising through the use of outdoor advertising facilities;

(c) to announcing political partiesí headquarters locations;

(d) to announcing services for electors by political parties respecting enumeration and revision of lists of electors; or

(e) to another matter respecting administrative functions of political parties,

if the advertisements, announcements and other matters are done in accordance with the guidelines of the Chief Electoral Officer.

(3) A person who broadcasts or publishes an advertisement contrary to this section is guilty of an offence.

Rates for advertising

226.2 (1) A person, corporation or trade union shall not

(a) charge a registered party or candidate, or a person acting with its or his or her knowledge and consent, a rate for broadcasting time on a broadcasting undertaking in the period beginning on the 21st day before the day immediately before polling day at an election and ending on the day before polling day, that exceeds the lowest rate charged by him or her or it for an equal amount of equivalent time on the same facilities made available to another person in that period; or

(b) charge a registered party or candidate, or a person acting with its or his or her knowledge and consent, a rate for an advertisement in a periodical publication published or dispersed and made public in the period referred to in paragraph (a) that exceeds the lowest rate charged by him or her or it for an equal amount of equivalent advertising space in the same issue of the periodical or in another issue published or disbursed and made public in that period.

(2) The rates charged a registered party or candidate for broadcasting time on a broadcasting undertaking or for an advertisement in a periodical publication in the period referred to in paragraph (1)(a) shall be the same as the rate charged for an equal amount of equivalent broadcasting time or an equal amount of equivalent advertising space outside that period.

(3) The rates referred to in subsection (1) shall be the same for all registered parties or candidates during the period referred to in paragraph (1)(a).

6. Part III of the Act is repealed and the following substituted:

PART III

ELECTION FINANCES

Interpretation

269. (1) In this Part

(a) "broadcasting undertaking" means a broadcasting undertaking as defined in section 2 of the Broadcasting Act (Canada);

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

(c) "campaign period" means the period beginning with the issue of a writ for an election and ending 6 months after polling day;

(d) "candidate" means a person who is nominated as a candidate for an electoral district in accordance with Part I;

(e) "contribution" means services, money or other property donated to support a political purpose;

(f) "election expenses" means all expenses, except expenses referred to in section 307, incurred during a campaign period for the purpose of promoting or opposing, directly or indirectly, the election of a candidate or that of the candidates of a party and includes all expenses incurred before a campaign period directly related to the contesting of an election;

(g) "general election" means an election in respect of which election writs are issued for all electoral districts;

(h) "outdoor advertising facilities" means facilities, other than radio and television and newspapers, magazines and other periodical publications, of a natural person, corporation or trade union who or that is in the business of providing those facilities on a commercial basis for advertising purposes;

(i) "person" does not include a trade union;

(j) "political party" means an organization formed for the purpose of contesting an election of members to the House of Assembly;

(k) "polling day" means the day fixed under Part I for holding the poll at an election;

(l) "registered party" means a political party registered under this Part;

(m) "revised list of electors" means the list of electors certified by the Chief Electoral Officer under Part I; and

(n) "trade union" means a trade union as defined by the Labour Relations Act or the Canada Labour Code.

(2) Corporations that are associated with one another under section 256 of the Income Tax Act (Canada) shall be considered as a single corporation for the purpose of this Part.

Exceptions

270. This Part does not apply to campaigns and conventions carried on or held in relation to the leadership of a registered party or in relation to district nominations for endorsement of official party candidates.

Existing trust funds

271. Where on October 1, 1993 funds were held in trust for the purpose of a political party or the future candidacy of a person at an election or a future election campaign of a person, the trustees of each trust

(a) shall report in writing to the Chief Electoral Officer the existence of the trust and the total amount of the funds in it;

(b) shall maintain the funds in the trust on deposit with a financial institution that is lawfully entitled to accept deposits or in investments authorized for trust money by the Trustee Act;

(c) shall not permit funds or other property to be added to the trust other than interest on the amounts on deposit or the income from the investments referred to in paragraph (b);

(d) shall file with the Chief Electoral Officer before May 1 in each year a report of the expenditures from the trust during the previous year and their declaration that they have complied with the provisions of paragraphs (b) and (c); and

(e) where the trust is terminated, shall immediately notify the Chief Electoral Officer.

Staff

272. There may be employed in the manner provided by law an electoral finances director, legal counsel, auditors and other staff that are necessary to enable the Chief Electoral Officer to properly carry out his or her responsibilities under this Part.

Duties of CEO

273. (1) The Chief Electoral Officer, in addition to his or her other powers and duties under this Act, shall

(a) assist registered parties and candidates in the preparation of returns required under this Part;

(b) ensure that every registered party and candidate has appropriate auditing services in order to properly comply with this Part;

(c) examine all financial returns filed with him or her;

(d) reimburse candidates for election expenses in accordance with section 312;

(e) prescribe forms and the contents of forms for use under this Part and provide for their use;

(f) prepare, print and distribute forms for use under this Part;

(g) provide those guidelines that he or she considers necessary for the guidance of auditors, registered parties and candidates and their officers; and

(h) publish a report of the election receipts, expenses and subsidy of each registered party and candidate in the Gazette.

(2) The Chief Electoral Officer shall conduct periodic investigations and examinations of the financial affairs and records of registered parties and candidates in relation to elections and may conduct an audit of the accounts of a registered party or candidate where he or she considers it necessary to do so.

(3) The Chief Electoral Officer shall report annually to the speaker upon the affairs of the office of the Chief Electoral Officer under this Part and the report shall be laid before the House of Assembly at the first convenient opportunity.

Powers to inspect

274. (1) For the purpose of determining whether this Part is being complied with, a representative of the Chief Electoral Officer, upon production of his or her authorization from the Chief Electoral Officer to enter the premises that are referred to in the authorization and in which the books, papers and records of a political party or candidate are kept, may at any reasonable time enter those premises and examine those books, papers and records.

(2) Where the Chief Electoral Officer or a representative of the Chief Electoral Officer believes on reasonable grounds that a party or candidate is contravening or has contravened a provision of this Part, the Chief Electoral Officer or his or her representative may, with a warrant issued under subsection (3)

(a) enter and search premises;

(b) make inquiries;

(c) make copies or abstracts of books, papers or records that may give evidence of a contravention of this Part; or

(d) take away books, papers or records for the purpose of making copies.

(3) A provincial court judge who is satisfied by information on oath or affirmation that there are reasonable grounds for believing that there is on a premises evidence with respect to a contravention of this Part may issue a warrant authorizing the Chief Electoral Officer or his or her representative named in the warrant to enter and search those premises and to make those inquiries and copies of books, papers and records that are necessary, subject to the conditions that may be specified in the warrant.

(4) The person in charge of the premises and a person found there shall give the Chief Electoral Officer or his or her representative reasonable help to enable him or her to carry out his or her duties under this section and shall provide the information that the Chief Electoral Officer or his or her representative may reasonably require.

Information

275. The information, with respect to the affairs of a political party or candidate that is reasonably required in respect of its or his or her duties under this Part, that the Chief Electoral Officer may request, shall be provided by the party or candidate within 30 days after receiving a written request for it from the Chief Electoral Officer or within the extended period that the Chief Electoral Officer may determine.

Audit

276. The accounts and financial transactions of the Chief Electoral Officer under this Part shall be audited by the auditor general.

Inspection of information

277. (1) All documents filed under this Part with the Chief Electoral Officer are public records and may be inspected by a person upon request at the offices of the Chief Electoral Officer during normal office hours.

(2) A person may take extracts from the documents referred to in subsection (1) and is entitled to copies of them upon payment for the preparation of the copies at a rate that the Chief Electoral Officer may determine.

Registration of parties

278. (1) A political party or a natural person, corporation or trade union acting on behalf of the political party shall not accept contributions for the purpose of the party at an election or for an election campaign of a person unless the party is registered under this Part.

(2) A political party that

(a) nominated candidates in at least 12 of the electoral districts in the most recent general election;

(b) nominates candidates in at least 12 of the electoral districts following the issue of a writ for a general election; or

(c) other than during a campaign period, provides the Chief Electoral Officer with names, addresses and signatures of 1,000 persons who

(i) are eligible to vote in an election, and

(ii) attest to the existence of the political party concerned,

may apply to the Chief Electoral Officer for registration in the register of political parties.

(3) The Chief Electoral Officer shall maintain a register of political parties and shall register in it a political party that is qualified to be registered and that files an application for registration with the Chief Electoral Officer.

(4) An application under subsection (2) shall set out

(a) the full name of the political party;

(b) the political party name or abbreviation to be shown in an election document;

(c) the name of the leader of the political party;

(d) the address of the place where records of the political party are maintained and of the place to which communications may be addressed;

(e) the names of the principal officers of the political party;

(f) the names and addresses of the chief financial officer and the auditor of the political party;

(g) the names of all persons authorized by the political party to accept contributions;

(h) the name and address of every chartered bank, trust company, or other financial institution that is lawfully entitled to accept deposits, to be used by the political party as the depositories for contributions made to that political party;

(i) the names of the political party's signing officers responsible for each depository referred to in paragraph (h); and

(j) an audited statement of the assets and liabilities of the political party as of a date not earlier than 90 days prior to the date of its application for registration and attested to by the chief financial officer.

(5) Upon receipt of an application for registration of a political party, the Chief Electoral Officer shall examine the application and determine if the political party can be registered and,

(a) if the political party can be registered, enter it in the register of political parties and so inform the political party; or

(b) if the political party cannot be registered, so inform the political party with written reasons for this determination.

(6) The Chief Electoral Officer shall not register a political party if the name of the party includes the word "non-affiliated" or if in the opinion of the Chief Electoral Officer the name or the abbreviation of the name of the party so nearly resembles the name or abbreviation of the name of a registered party as to be likely to be confused with the registered party.

(7) Where the information referred to in paragraphs (4)(a) to (i) is altered, the registered party shall in writing notify the Chief Electoral Officer within 30 days of the alteration and, upon receipt of a notice, the Chief Electoral Officer shall vary the register of political parties accordingly.

(8) Immediately after each general election, every registered party shall certify to the satisfaction of the Chief Electoral Officer that it continues to meet the criteria for registration set out in subsection (2).

Registration presumed

279. A political party that was registered under a predecessor of this Part on the day this Part comes into force is considered to be registered under this Part.

Deregistration

280. (1) The Chief Electoral Officer shall deregister

(a) a party on an application by the party; or

(b) a party which is unable to certify to the Chief Electoral Officer that it continues to meet the criteria for registration set out in subsection 278(2).

(2) The Chief Electoral Officer may deregister a party where it does not nominate candidates at a general election or where the party fails to comply with subsection 278(7) or the chief financial officer of the party fails to comply with section 303 or 304.

(3) Where, under subsection (2), the Chief Electoral Officer proposes to deregister a party, he or she shall give notice in writing of the proposal with written reasons to the party and the party so notified may, within 30 days after the sending of the notice, request the Chief Electoral Officer in writing to review his or her proposal.

(4) Where the Chief Electoral Officer receives a written request to review his or her proposal, the Chief Electoral Officer shall review the proposal and give the political party notified under subsection (3) an opportunity to make representations.

(5) Following a review of the proposal, the Chief Electoral Officer may withdraw his or her proposal or deregister the political party and shall notify that political party in writing of his or her decision.

(6) Where the Chief Electoral Officer deregisters a political party, the party may appeal to the Trial Division from the decision of the Chief Electoral Officer.

(7) The judge hearing an appeal under subsection (6) may affirm the decision of the Chief Electoral Officer to deregister a political party or may reinstate the registration of the party.

Consequential deregistration

281. (1) Where a political party is deregistered for failure to comply with section 303 or 304, it is not eligible to apply for registration until the financial statements required by section 303 or 304 together with the auditorís report required by subsection 302(6) that were not filed have been filed with the Chief Electoral Officer.

(2) Where a political party is deregistered, all funds of the political party not required to pay outstanding debts shall be paid over to the Chief Electoral Officer and held by him or her in trust for the political party.

(3) Where the political party does not again become registered under this Part within a period of 2 years following its deregistration, its funds are forfeited to the Crown and shall be remitted by the Chief Electoral Officer to the Consolidated Revenue Fund.

(4) Notwithstanding its deregistration, the provisions of this Part continue to apply to a political party until the Chief Electoral Officer is satisfied that the party has satisfied all of its liability and obligations incurred while it was registered under this Part.

Contributions

282. (1) Contributions to registered parties and candidates shall be made only by natural persons individually, or by corporations and trade unions, individually.

(2) Contributions may be made by natural persons, whether or not they are resident in the province, corporations whether or not they carry on business in the province or trade unions whether or not they hold bargaining rights for employees in the province.

(3) Only a registered party or candidate may solicit, collect or accept contributions.

(4) The following are not considered as contributions for the purpose of this Part:

(a) an annual amount of not more than $25 paid by a person as dues for membership in a political party;

(b) an amount of not more than $50 in each case paid as an entrance fee to an activity or demonstration of a political nature;

(c) the donation by a natural person of his or her personal services, talents or expertise, or the use of his or her vehicle or other personal property and the product of that donation, where it is given freely and not as part of his or her work in the service of an employer; and

(d) a donation, other than a donation of money, for political purpose made by a person, where

(i) the donation is made out of the property or undertaking of that person,

(ii) the total value of all the donations made by that person in a calendar year is less than $100, and

(iii) the person is not reimbursed or rewarded in any way for having made the donation.

(5) Money contributed to registered parties and candidates in amounts in excess of $100 shall be made only

(a) by a cheque that has the name of the contributor legibly printed on it and that is signed by the contributor and drawn on an account in the contributorís name;

(b) by a money order that identifies the name of the contributor; or

(c) in the case of money contributed by an individual, by the use of a credit card having the name of the individual contributor imprinted or embossed on it,

and a contribution of money shall not be accepted unless the contribution is made as required by this subsection.

(6) All money accepted by or on behalf of a registered party or candidate shall be paid into the appropriate depository on record with the Chief Electoral Officer.

Anonymous contributions

283. (1) An anonymous contribution greater than $100 received by a registered party or candidate shall not be used or expended, and shall be returned to the contributor if the contributorís identity can be established.

(2) Where a contributorís identity cannot be established, the contribution shall be paid over to the Chief Electoral Officer who shall remit the amount to the Consolidated Revenue Fund.

Money not a contribution

284. Money to be used for a political campaign by a candidate out of his or her own funds other than money from those funds paid for his or her own food, lodging and transportation during a journey for election purposes constitutes a contribution for the purpose of this Part and shall be paid into a depository on record with the Chief Electoral Officer.

Contributor to use own funds

285. (1) A natural person, corporation or trade union shall not contribute to a registered party or candidate

(a) funds not actually belonging to him or her or it; or

(b) funds that have been given or furnished to him or her or it by a natural person or group of persons or by a corporation or trade union for the purpose of making a contribution.

(2) A registered party or candidate and a person on its or his or her behalf shall not solicit or knowingly accept a contribution contrary to subsection (1).

(3) Where the chief financial officer learns that a contribution received by or on behalf of the registered party or candidate for whom he or she acts was made contrary to subsection (1), he or she shall, within 30 days after learning that the contribution was made contrary to subsection (1), return the contribution or an amount equal to the sum contributed.

Funds from other parties

286. Funds received by a registered party from a political party registered under the Canada Elections Act or a political party recognized by the chief electoral officer in another province are not considered to be contributions for the purpose of this Part but they shall be recorded as to source and deposited in the appropriate depository on record with the Chief Electoral Officer.

Value of goods and services

287. (1) The value of goods or services, other than those that are not contributions under subsection 282(3), provided to a registered party or candidate is

(a) if the contributor is in the business of supplying those goods or services, the lowest amount charged by the contributor 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 provided; and

(b) if the contributor is not in the business of supplying those goods or services, the lowest amount charged, at or about the time the goods or services are provided, by another person who provides the same goods on a commercial retail basis or services on a commercial basis in the market area in which the goods or services are provided.

(2) The following only are considered as a contribution of goods or services for the purpose of this Part:

(a) a contribution of goods or services that have a value of more than $100; and

(b) contributions of goods or services that are from a single source in one year, excluding a campaign period for a general election, or part of a period in that year or in a campaign period for a general election and that in the aggregate have a value of more than $100.

(3) Where goods or services are provided to a registered party or candidate for a price that is less than the value of the goods or services as determined under subsection (1), the amount that the price is less than that value is a contribution for the purpose of this Part.

(4) Where an employee spends time working for a registered party or candidate for which he or she is compensated by his or her employer, the value of that compensation is a contribution of the employer for the purpose of this Part, where the employer is not a political party or candidate.

Advertising as contribution

288. (1) Where

(a) a natural person, corporation or trade union with the knowledge and consent of a registered party or candidate promotes the political party, its policies or the election of a candidate or opposes another registered party or the election of a candidate

(i) by advertising on the facilities of a broadcasting undertaking,

(ii) by publishing an advertisement in a newspaper, magazine or other periodical publication,

(iii) by publishing printed leaflets, pamphlets or other documents, or

(iv) through the use of an outdoor advertising facility; and

(b) the amount of the cost of the advertising

(i) is, in the case of a single advertisement or publication, greater than $100, and

(ii) in the aggregate exceeds $100 in the case of advertisements and publications from a single source published in a year, excluding a campaign period, or part of a period in that year or in a campaign period

the amount of the cost is, for the purpose of this Part, a contribution to the registered party or candidate with whose knowledge and consent the advertising or publishing was done.

(2) A natural person, corporation, trade union, registered party or candidate shall not publish a political advertisement in a newspaper, magazine or other periodical publication or through the use of an outdoor advertising facility unless he or she or it furnishes to the publisher of the advertisement his or her or its identification, in writing, together with the identification in writing, of a natural person, corporation, trade union, registered party or candidate sponsoring the political advertisement.

(3) A publisher who publishes a political advertisement shall maintain records for a period of 2 years after the date of publication setting out the advertisement, the charge for it and material relating to identification furnished to him or her in connection with the advertising and the public is entitled to inspect those records during normal office hours.

(4) For the purpose of subsections (2) and (3), "political advertisement" means a matter promoting or opposing a registered party or the election of a candidate but does not include news stories, including interviews, commentaries or other works prepared for and published by a newspaper, magazine or other periodical publication if the publication of those works is not paid for by or on behalf of a political party or candidate.

Fund-raising

289. (1) In this section, "fund-raising function" includes suppers, dances, garden parties and other functions held for the purpose of raising funds for a political purpose by the registered party, district association or candidate by whom or on whose behalf the function is held.

(2) Where an individual charge by the sale of tickets or otherwise is made for a fund-raising function, half of the charge shall be allowed for expenses and, where the amount of the other half of the charge exceeds $25, that amount is a contribution, but if the individual charge is $100 or more the amount to be allowed for expenses is $50 and the amount of the charge in excess of $50 is a contribution.

(3) Except as provided in subsections (2), (4) and (5), funds raised by a fund-raising function are not contributions for the purpose of this Part.

(4) An amount paid for goods or services offered for sale at a fund-raising function in excess of the highest amount charged, at the time the goods or services are provided, by another person providing similar goods or services on a commercial basis in the area in which the fund-raising function is held, shall be considered to be a contribution for the purpose of this Part.

(5) An amount paid for something offered for sale at a fund-raising function that is not something ordinarily considered to have commercial value, including something in the nature of a souvenir or a memento, shall be considered to be a contribution for the purpose of this Part.

Receipts

290. (1) The chief financial officer, or a person designated by him or her in writing, of a registered party or candidate shall issue receipts in the case of contributions under $100 where requested, and in all other cases for every contribution accepted.

(2) A receipt issued under subsection (1) shall include

(a) the name and address of the contributor;

(b) a statement whether the contribution is one of money or otherwise;

(c) a statement whether the contributor is an individual, a corporation or trade union;

(d) the amount or value of the contribution;

(e) the date the contribution is made; and

(f) the other information that the Chief Electoral Officer may require.

(3) The chief financial officer or other person issuing a receipt shall retain signed duplicates of it.

Improper contributions

291. (1) An amount equal to the value of every contribution made contrary to this Part shall

(a) where the identity of the contributor is known, be returned to that contributor; or

(b) where the identity of the contributor is not known, be remitted to the Chief Electoral Officer

by the chief financial officer of the registered party or candidate who received the benefit of the contribution.

(2) All amounts remitted to the Chief Electoral Officer under subsection (1) shall be remitted by the Chief Electoral Officer to the Consolidated Revenue Fund.

Group contributions

292. (1) A contribution to a registered party or candidate made through an unincorporated association or organization shall be recorded by the unincorporated association or organization as to the individual sources and amounts making up the contribution.

(2) The amounts making up a contribution under subsection (1) that are attributable to a person, corporation or trade union are contributions of that person, corporation or trade union for the purpose of this Part.

Report contributions

293. An unincorporated association or organization recording amounts under section 292 shall forward a copy of its records relating to the amounts to the Chief Electoral Officer and to the political party or candidate that received those contributions.

Solicitation of contributions

294. (1) Contributions shall be solicited only under the direction of the chief financial officer of a registered party or candidate by persons authorized by the chief financial officer.

(2) A person authorized to solicit contributions by a chief financial officer shall, on request, exhibit a certificate signed by the chief financial officer evidencing his or her authority.

Transfers of funds

295. (1) A registered party may transfer funds to and receive funds from

(a) a district association or other division or constituent part of the party;

(b) a political party registered under the Canada Elections Act;

(c) a political party recognized by the chief electoral officer in another province; and

(d) a candidate.

(2) A record of funds transferred or received by a registered party or candidate shall be filed with the Chief Electoral Officer.

Union group contributions

296. (1) Amounts contributed to a registered party or candidate from funds obtained from members of a bargaining unit represented by a trade union are a contribution from the trade union and not contributions from persons for the purpose of this Act.

(2) A trade union or an employer shall not make contributions through payroll deductions.

(3) A trade union or employer shall not make it a condition of membership or employment that a person shall contribute money to a political party or candidate.

Who accepts for candidate

297. No contribution shall be accepted by a registered party or candidate otherwise than through his or her or its chief financial officer or other person on record with the Chief Electoral Officer as authorized to accept contributions.

Chief financial officer

298. (1) A political party that is applying for registration under this Part shall, before filing its application with the Chief Electoral Officer, appoint a chief financial officer.

(2) Every candidate shall appoint a chief financial officer for the purpose of this Part.

(3) Where a chief financial officer appointed under subsection (1) or (2) ceases to hold office, the registered party or candidate shall immediately appoint another chief financial officer.

(4) The chief financial officer of a registered party or candidate, in relation to the affairs of the party or candidate who or that appointed him or her, shall ensure

(a) that proper records are kept of all money received and expenditures;

(b) that contributions are placed in the appropriate depository;

(c) that proper receipts are completed and dealt with in accordance with this Part;

(d) that the financial statement as required by sections 303 and 304 together with the auditorís report on them are filed with the Chief Electoral Officer in accordance with this Part; and

(e) that contributions consisting of goods or services are valued and recorded in accordance with this Part.

Recording of contributions

299. (1) Where an authorized person, on behalf of a registered party accepts, in a year, a contribution, the chief financial officer of the party shall record the contribution as to amount and the name and address of the contributor.

(2) Where an authorized person accepts, on behalf of a candidate or a party, in a campaign period, a contribution, the chief financial officer of the party or candidate shall record the contribution as to amount and the name and address of the contributor.

(3) A registered party shall file with the Chief Electoral Officer, within the period during which an annual financial statement shall be filed, a return with respect to contributions that either individually or in sum exceed $100 setting out all the information required to be recorded under subsections (1) and (2).

(4) A registered party and a candidate shall file with the Chief Electoral Officer, with the statement filed under section 304, a return with respect to contributions received in a campaign period that either individually or in sum exceed $100 setting out all the information required to be recorded under subsections (1) and (2).

(5) The return referred to in subsections (3) and (4) is public information and may be reviewed and copied, at the expense of the person interested, at the office of the Chief Electoral Officer.

Borrowing

300. (1) A registered party or candidate shall not borrow except from a chartered bank or other recognized lending institution or from a federal political party registered under the Canada Elections Act or a provincial political party recognized by the Chief Electoral Officer in the appropriate province.

(2) All loans referred to in subsection (1) and the terms of the loans shall be recorded by the political party or candidate and reported by it or him or her to the Chief Electoral Officer.

Guarantees

301. (1) A person, corporation, trade union, or unincorporated association or organization shall not sign, co-sign, or provide collateral responsibility for indebtedness on behalf or in the interest of a registered party or candidate unless it is a loan referred to in section 300.

(2) A payment made by a guarantor in respect of a loan referred to in subsection 300(1) shall be considered to be a contribution for the purpose of this Part.

Appointment of auditor

302. (1) A candidate, on nomination day, and a registered party within 30 days after becoming registered under this Part, shall appoint an auditor licensed under the Public Accountancy Act or a firm whose partners are licensed under that Act.

(2) Where an auditor appointed under subsection (1),

(a) ceases for any reason, including resignation, to hold office;

(b) ceases to be qualified as provided in subsection (1); or

(c) becomes ineligible as provided in subsection (3),

the registered party or candidate, shall immediately appoint another auditor licensed under the Public Accountancy Act or a firm whose partners are licensed under that Act.

(3) A returning officer, deputy returning officer, an election clerk, a candidate, or an official agent or a chief financial officer of a candidate or registered party may not act as the auditor for a registered party or candidate.

(4) Where a candidate is unable to obtain the services of an auditor licensed under the Public Accountancy Act, the Chief Electoral Officer may approve the appointment of another person who he or she is satisfied is competent to fulfil the role of auditor.

(5) Nothing in subsection (3) makes ineligible the partners or firm with which a returning officer, deputy returning officer, election clerk, candidate, official agent or chief financial officer of a registered party or candidate is associated from acting as an auditor for a registered party or candidate.

(6) The auditor appointed under subsection (1) or (2) shall make a report to the chief financial officer of a registered party or candidate that appointed him or her in respect of the financial statements, as required by sections 303 or 304, and shall make an examination according to generally accepted accounting principles that will enable him or her to state in his or her report whether in his or her opinion the financial statement presents fairly the information contained in the accounting records on which the financial statement is based.

(7) An auditor, in his or her report under subsection (6), shall make those statements that he or she considers necessary in any case where

(a) he or she has not received from the chief financial officer all the information and explanation that he or she has required; or

(b) proper accounting records have not been kept by the chief financial officer so far as appears from his or her examination.

(8) An auditor appointed under subsection (1) or (2) shall upon request have access at all reasonable times to all records, documents, books, accounts and vouchers of the registered party or candidate that appointed him or her and is entitled to require from his or her or its chief financial officer the information and explanation that in his or her opinion is necessary to enable him or her to report as required by subsection (6).

(9) The Chief Electoral Officer shall subsidize the cost of auditor services for candidates by paying to the auditor of a candidate in respect of an audit for the candidate under section 304 the lesser of $500 and the amount of the auditorís account to the candidate.

Annual filing of audit

303. The chief financial officer of a registered party shall, on or before April 1 in each year, file with the Chief Electoral Officer financial statements, prepared in accordance with generally accepted accounting principles, of assets and liabilities and of income and expenses for the previous year of the registered party for which he or she acts, together with the auditorís report as required by subsection 302(6).

Filing financial statement

304. (1) The chief financial officer of every registered party or candidate shall, within 6 months after polling day, file with the Chief Electoral Officer a financial statement of income and expenses of the party or candidate for which he or she acts relating to the election, together with the auditorís report as required by subsection 302(6).

(2) In relation to a by-election, subsection (1) applies only to registered parties that received contributions or made expenditures in relation to the by-election and to candidates at the by-election.

Election expenses

305. Election expenses may be incurred only in accordance with this Part.

Authorization of expenses

306. (1) No person other than the chief financial officer of a registered party or candidate shall authorize election expenses for that party or candidate and no election expenses shall be incurred except by a chief financial officer or a person designated in writing by a chief financial officer for that purpose.

(2) Notwithstanding subsection (1), no person during a campaign period shall accept or execute an order for election expenses in excess of $100 if that order is not given or authorized by the chief financial officer or a person designated in writing by the chief financial officer for that purpose.

Candidatesí expenses

307. (1) The reasonable personal expenses incurred by a candidate or a candidateís spouse, including expenses for his, her or their own food, lodging and transportation during a journey for election purposes, whether or not those expenses are paid by the candidate personally, do not constitute election expenses for the purpose of this Part.

(2) A candidate shall submit to his or her chief financial officer not later than 90 days after the polling day a detailed statement of all expenses incurred under subsection (1).

Invoice needed

308. (1) A payment for election expenses in excess of $100 shall be evidenced by an itemized invoice.

(2) An itemized invoice shall provide all the particulars required for auditing each item of work, service or material for which the expense was incurred and the rate or unit price used for computing the amount of the invoice.

Claim time limit

309. (1) A person to whom an amount is due for election expenses shall present his or her claim to the appropriate chief financial officer not later than 60 days following polling day.

(2) A person who fails to comply with subsection (1) forfeits his or her right to recover the claim.

(3) Where there is no chief financial officer to whom to submit a claim under subsection (1), the claim shall be forwarded within 60 days following polling day to the leader of the registered party or to the candidate.

Election expense limits

310. (1) Election expenses of a registered party shall be limited so as not to exceed

(a) for a general election, an amount equal to the product obtained by multiplying $3.125 by the number of persons on the revised list of electors in the aggregate of the electoral districts in which the party has candidates; and

(b) for a by-election, an amount equal to the product obtained by multiplying $3.125 by the number of people on the revised list of electors in the electoral district in which the by-election is held.

(2) Election expenses of a candidate shall be limited so as not to exceed an amount equal to the product obtained by multiplying $3.125 by the number of persons on the revised list of electors in the electoral district for which he or she is a candidate.

(3) Notwithstanding subsections (1) and (2), in no case shall the election expenses of a registered political party or a candidate be limited in relation to an electoral district to an amount less than $12,000.

(4) The limit on election expenses for each electoral district shall be set by the Chief Electoral Officer on the day the writ of election is issued.

Expenses adjustment formula

311. (1) The monetary amounts set out in section 310 shall be adjusted with effect from January 1 in each year by multiplying each of the amounts by the ratio that the Consumer Price Index for the 12 month period that ended on December 31 immediately before bears to the Consumer Price Index for the 12 month period that ended on the immediately previous December 31.

(2) For the purpose of this section, the Consumer Price Index for a 12 month period is the result arrived at by

(a) aggregating the Consumer Price Index for Canada, as published by Statistics Canada, for each month of that period;

(b) dividing the aggregate obtained under paragraph (a) by 12; and

(c) rounding the result obtained under paragraph (b) to the nearest 1/1000, or if the result is equidistant from 2/1000, to the higher.

Reimbursement of expenses

312. (1) A candidate who receives at least 15% of the popular vote or who is elected by acclamation is entitled to be reimbursed by the Chief Electoral Officer for 1/3 of his or her actual campaign expenses to a maximum of 1/3 of the expense limit.

(2) A candidate is not entitled to be reimbursed for expenses under subsection (1) unless his or her chief financial officer has filed a financial statement of receipts and expenses as required by section 304, together with the auditorís report as required by subsection 302(6), and the Chief Electoral Officer certifies in writing that the statement meets the requirements of this Part.

(3) Where a candidateís financial statement shows a deficit and he or she is entitled to be reimbursed for expenses under subsection (1), the money payable to his or her chief financial officer shall be first applied by the chief financial officer to discharge the debts creating the deficit, and to the extent the money is not sufficient to pay all the debts, the debts shall be ratably reduced.

Treatment of surplus

313. (1) Where the sum of all amounts that a candidate is permitted to receive under this Part for the purpose of contesting an election exceeds the sum of all the expenses allowed under this Act for the purpose of contesting an election, the surplus shall be paid

(a) where the political affiliation of the candidate was shown on the ballot paper as a registered party, to the chief financial officer of the party; or

(b) in all other cases, to the Chief Electoral Officer who shall hold the money in trust on behalf of the candidate and pay it out according to subsection (2) or (3).

(2) Where a person on whose behalf money is held in trust under subsection (1), becomes a candidate, either in a by-election called before the next general election or in the next general election, the money held in trust for the person shall be paid to him or her for the purpose of contesting the election.

(3) Where a person on whose behalf money is held in trust under subsection (1), does not become a candidate in an election referred to in subsection (2), the Chief Electoral Officer shall remit the money to the Consolidated Revenue Fund.

Withdrawal of personís candidacy

314. (1) Where a person ceases to be a candidate, all contributions that have been collected by the candidate and that are still held by or on behalf of him or her at the time he or she ceases to be a candidate shall be paid over to

(a) the registered party with which the candidate was affiliated; or

(b) where the candidate was not affiliated with a registered party, the Chief Electoral Officer.

(2) Where money is paid over to a registered party under paragraph (1)(a), the party shall apply the money against the legitimate debts of the person during his or her candidacy and if there is a balance it is the property of the party.

(3) The money paid over to the Chief Electoral Officer under paragraph (1)(b) shall be applied by him or her to the legitimate debts of the person incurred during his or her candidacy and if there is a balance it shall be held in trust by the Chief Electoral Officer on behalf of the person and paid out according to subsection (4) or (5).

(4) Where a person on whose behalf money is held in trust under subsection (3), becomes a candidate, either in a by-election called before the next general election or in the next general election, the money held in trust for the person shall be paid to him or her for the purpose of contesting the election.

(5) Where a person, on whose behalf money is held in trust under subsection (3), does not become a candidate in an election referred to in subsection (4), the Chief Electoral Officer shall remit the money to the Minister of Finance who shall deposit it in the Consolidated Revenue Fund.

Forms

315. All applications, returns, statements, balance sheets, and other documents required to be filed with the Chief Electoral Officer shall be filed with the Chief Electoral Officer in the form that the Chief Electoral Officer establishes.

Offence: exceeding expense limit

316. (1) A person who knowingly incurs or authorizes election expenses contrary to subsection 305(2) or exceeding the maximum set by section 310 or who wilfully submits a false statement of election expenses under section 303 or 304 commits an offence and is liable on summary conviction to a fine not exceeding $10,000, to imprisonment for a term not exceeding 3 months or to both a fine and imprisonment.

(2) Where a contravention of this Part that is an offence by virtue of subsection (1) is committed by a chief financial officer of a registered party or candidate the political party or candidate for which the chief financial officer acts is guilty of an offence and on summary conviction is liable

(a) in the case of a registered party, to a fine not exceeding $2,000; and

(b) in the case of a candidate, to a fine not exceeding $1,000.

Offence: false statement

317. A person who knowingly makes a false statement in a financial return, statement or other document filed under this Part commits an offence and is liable on summary conviction to a fine not exceeding $5,000, to imprisonment for a term not exceeding 3 months or to both a fine and imprisonment.

Offence: false receipt

318. A person who knowingly makes or issues or participates in, assents to or acquiesces in the making or issuance of a false or deceptive receipt for a contribution or purported contribution commits an offence and is liable on summary conviction to a fine not exceeding $5,000, to imprisonment for a term not exceeding 3 months or to both a fine and imprisonment.

Offence: destruction of records

319. A person who knowingly withholds, conceals or destroys books, papers, documents or other things relevant to the subject matter of an investigation or inquiry under this Part commits an offence and is liable on summary conviction to a fine not exceeding $5,000, to imprisonment for a term not exceeding 3 months or to both a fine and imprisonment.

Non-compliance with time limit

320. (1) A chief financial officer who wilfully or through neglect fails to file a financial return with the Chief Electoral Officer within the time required by section 303 or 304 commits an offence and is liable on summary conviction to a fine of $50 per day for each day he or she is in default of filing the return until it is filed with the Chief Electoral Officer.

(2) Notwithstanding subsection (1), the Chief Electoral Officer may, either before or after the institution of proceedings against a chief financial officer, accept from the officer alleged to have been guilty of the offence the payment of a sum equal to $50 for each day the officer is in default of filing the return.

(3) Where the Chief Electoral Officer accepts an amount under subsection (2), the proceedings instituted against the chief financial officer shall be withdrawn.

(4) For the purpose of this section, a financial return that is forwarded to the Chief Electoral Officer in writing is considered to have been filed with him or her on the date of the registration on the envelope in which it is mailed.

(5) All money paid to the Chief Electoral Officer under subsection (2) shall be remitted by him or her to the Consolidated Revenue Fund.

Corporation or union

321. A corporation or trade union that contravenes a provision of this Part is guilty of an offence and on summary conviction is liable to a fine not exceeding $10,000.

General offence

322. A person or political party who or that fails to comply with a provision of this Part, for which no penalty is otherwise provided, is guilty of an offence and on summary conviction is liable to a fine not exceeding $1,000 or to imprisonment for a term not exceeding 3 months or to both a fine and imprisonment.

Obstructing investigation

323. A person who obstructs a person making an investigation or examination under this Part or withholds from him or her or conceals or destroys books, papers, documents or things relevant to the subject-matter of the investigation or examination is guilty of an offence.

False statement

324. A person shall not knowingly make a false statement in an application, return, financial statement or other document filed with the Chief Electoral Officer under this Part.

False information

325. A person shall not knowingly give false information to a chief financial officer or other person authorized to accept contributions.

Style of prosecution

326. (1) A prosecution for an offence under this Part may be instituted against a political party or trade union in the name of the political party or trade union.

(2) For the purpose of a prosecution for an offence under this Part, a political party or trade union has the capacity of a natural person of full age and capacity.

Vicarious responsibility

327. (1) An act or thing done or omitted to be done by an officer, official or agent of a political party or trade union within the scope of his or her authority to act on behalf of the political party or trade union is an act or thing done or omitted by the political party or trade union.

(2) Where a candidate who is affiliated with a registered party fails to comply with this Part and is required on conviction to pay a penalty, the political party is liable to and shall pay the same penalty.

7. Section 341 of the Act is repealed.

RSN1990 cH-10

8. Section 54 of the House of Assembly Act is repealed and the following substituted:

Writ of election

54. Where a vacancy occurs in the House of Assembly, the Lieutenant-Governor in Council shall, within 3 months after the seat becomes vacant, issue a proclamation for the holding of an election and return of a member for the district in respect of which the vacancy has occurred.

RSN1990 cI-1

9. Section 10.1 of the Income Tax Act is repealed and the following substituted:

Political contribution deduction

10.1 (1) In this section

(a) "candidate" means a person who is nominated as a candidate for an electoral district in accordance with Part I of the Elections Act, 1991;

(b) "contribution" means a contribution made to a registered political party or a candidate under Part III of the Elections Act, 1991 and "contributor" means a person who makes a contribution under that Act;

(c) "corporation" means a corporation incorporated under the laws of the province and a corporation having its head or other office or doing business or a part of it in the province;

(d) "individual" means a natural person;

(e) "receipt" means a receipt for a contribution issued under Part III of the Elections Act, 1991;

(f) "registered political party" means a political party that is registered under section 278 of the Elections Act, 1991; and

(g) "tax otherwise payable under this Act" means the amount that would, but for this section, be the tax otherwise payable under this Act.

(2) There may be deducted from the tax otherwise payable under this Act by a taxpayer who is an individual or a corporation for a taxation year in respect of the aggregate of all amounts, each of which is the amount of a contribution of money made by the taxpayer in a year to a registered political party or a candidate,

(a) 75% of the aggregate if the aggregate does not exceed $100,

(b) $75 plus 50% of the amount by which the aggregate exceeds $100 if the aggregate exceeds $100 and does not exceed $550, or

(c) $300 plus 33 1/3% of the amount by which the aggregate exceeds $550 if the aggregate exceeds $550,

if each contribution that is included in the aggregate is proven by filing with the minister a receipt signed by the chief financial officer of the registered political party or candidate.

(3) The maximum allowable deduction under subsection (2) is $500.

(4) An amount may not be deducted under subsection (2) with respect to a contribution to a candidate unless it was made during an election period as defined in the Elections Act, 1991 and after his or her chief financial officer was appointed under that Act in the election in which he or she is a candidate.

(5) For the purpose of this section, a contribution shall be considered to have been made on the date it is considered to have been made under Part III of the Elections Act, 1991.

(6) Subject to the provisions of Part III of the Elections Act, 1991 every chief financial officer shall retain signed duplicates of all receipts issued by him or her.

(7) Notwithstanding a provision of Part III of the Elections Act, 1991, for the purpose of this section the minister may examine and make copies of receipts or duplicates, and of a return, record, report or other document filed with the Chief Electoral Officer under Part III of the Elections Act, 1991.

(8) A person shall not file a false or deceptive receipt with the minister.

Commencement

10. This Act and the portions of the Elections Act, 1991 not proclaimed into force on the day this Act receives the Royal Assent come into force 90 days after this Act receives the Royal Assent.

©Earl G. Tucker, Queen's Printer