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Copyright © 2016: Queen's Printer,
Statutes of Newfoundland and Labrador 2016
AN ACT TO AMEND THE MUNICIPAL ELECTIONS ACT
(Assented to December 14, 2016)
Ss.67.1 and 67.2 R&S
Be it enacted by the Lieutenant-Governor and House of Assembly in Legislative Session convened, as follows:
1. Section 67 of the Municipal Elections Act is amended by adding immediately after subsection (3) the following:
(4) For the purpose of this section and section 67.1, a "contribution" means a contribution of money, goods or services, but does not include the donation by a natural person of his or her personal services, talents or expertise or the use of his or her vehicle where it is given freely and not as part of his or her work in the service of an employer.
2. Sections 67.1 and 67.2 of the Act are repealed and the following substituted:
67.1 (1) Contributions to candidates shall be made only by natural persons individually, or by corporations or trade unions, individually.
(2) Only a candidate or his or her agent may solicit, collect or accept contributions.
(3) A contribution to a candidate that is made by a person in a calendar year in an amount that does not exceed the amount prescribed in a regulation under subsection 67(1) or, where there is no regulation, $100, is not a contribution for the purpose of this section.
67.2 (1) Money contributed to a candidate in an amount exceeding the amount prescribed in a regulation under subsection 67(1) or, where there is no regulation, $100, shall be made only
(a) by a cheque that has the name of the contributor printed legibly on it and that is signed by the contributor and drawn on an account in the contributor's name;
(b) by a money order that identifies the name of the contributor; or
(c) in the case of a contribution by an individual by the use of a credit card, if that credit card has the name of the individual contributor imprinted or embossed on that card,
and that contribution shall not be accepted unless the contribution is made in accordance with this subsection.
(2) Notwithstanding subsection (1), where money in an amount exceeding the amount prescribed in a regulation under subsection 67(1) or, where there is no regulation, $100, is anonymously contributed to a candidate, that money shall not be utilized by the candidate in the election but shall be paid to the council and used to offset the costs of the election.
Contributions of goods or services
67.3 (1) The value of goods or services contributed to a 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 contributed; 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 contributed.
(2) Where goods or services in an amount exceeding the amount prescribed in a regulation under subsection 67(1) or, where there is no regulation, $100, are anonymously contributed to a candidate, those goods or services shall not be utilized by the candidate in the election.
(3) For greater certainty, where an employee spends time working for a candidate for which he or she is compensated by his or her employer and the employer is not a candidate, the value of that compensation is a contribution of the employer for the purpose of section 67.
67.4 A statement filed under a regulation made under subsection 67(1) or, where there is no regulation, under paragraph 67(3)(a) or (b) shall be considered to be an official record of the municipality and, upon request, shall be made available for inspection by members of the public.