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|
(c) the nomination campaign returns of
nomination contestants and any updated
versions of them.
|
|
|
|
(2) Subsection 412(4) of the Act is
replaced by the following:
|
|
| Publication of
returns and
statements of
expenses of
deregistered
parties
|
(4) As soon as practicable after receiving a
return on financial transactions under
subparagraph 392(a)(i) from a deregistered
political party, the Chief Electoral Officer
shall publish it in the manner that he or she
considers appropriate.
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|
|
|
31. Section 416 of the Act is amended by
adding the following after subsection (2):
|
|
| Prohibition -
accepting
contributions
|
(3) No person or entity, other than a
registered agent of a registered party, shall
accept contributions to the registered party.
|
|
|
|
32. (1) Paragraph 422(1)(a) of the Act is
replaced by the following:
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|
|
(a) $0.70 multiplied by the number of
names on the preliminary lists of electors
for electoral districts in which the registered
party has endorsed a candidate or by the
number of names on the revised lists of
electors for those electoral districts,
whichever is greater, and
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|
|
(2) Paragraph 422(2)(a) is replaced by
the following:
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|
(a) a transfer made by or on behalf of it to
candidates in the election; or
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|
|
33. The Act is amended by adding the
following after section 423:
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|
|
Deemed Contributions
|
|
| Deemed
contributions
|
423.1 (1) An unpaid claim mentioned in the
financial transactions return referred to in
subsection 424(1) or in an election expenses
return referred to in subsection 429(1) that
remains unpaid in whole or in part on the day
that is 18 months after the end of the fiscal
period to which the return relates or in which
the polling day fell, as the case may be, is
deemed to be a contribution on that day of the
unpaid amount to the registered party.
|
|
| When no
deemed
contribution
|
(2) Subsection (1) does not apply to an
unpaid claim that, on the day referred to in that
subsection,
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|
(a) is the subject of a binding agreement to
pay;
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|
|
(b) is the subject of a legal proceeding to
secure its payment;
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|
|
(c) is the subject of a dispute as to the
amount the party was liable to pay or the
amount that remains unpaid; or
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|
|
(d) has been written off by the creditor as an
uncollectable debt in accordance with the
creditor's normal accounting practices.
|
|
| Notice by
party
|
(3) The chief agent of a registered party who
believes that any of paragraphs (2)(a) to (d)
applies to a liability to pay an amount shall so
notify the Chief Electoral Officer before the
day referred to in subsection (1).
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|
| Publication of
deemed
contributions
|
(4) As soon as practicable after the day
referred to in subsection (1), the Chief
Electoral Officer shall, in any manner that he
or she considers appropriate, publish the list of
claims that are deemed under subsection (1) to
be contributions.
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|
|
34. (1) Paragraph 424(1)(d) of the Act is
repealed.
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|
(2) Paragraphs 424(2)(a) to (e) of the Act
are replaced by the following:
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|
(a) the total contributions received by the
registered party and the number of
contributors;
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|
(b) the name and address of each
contributor who made contributions of a
total amount of more than $200 to the
registered party, that total amount, as well
as the amount of each such contribution and
the date on which it was received by the
party;
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|
(c) the name and address of each contributor
who has made a contribution to the party
that includes a directed contribution as
defined in subsection 404.3(2), the amount
of the contribution, the amount of the
directed contribution and the date of the
receipt of the contribution;
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|
|
(3) Paragraph 424(2)(h) of the Act is
replaced by the following:
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|
(h) a statement, for each electoral district,
of the commercial value of goods or
services provided and of funds transferred
by the registered party to a candidate or the
electoral district association;
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|
(h.1) a statement of each amount
transferred to a leadership contestant out of
a directed contribution as defined in
subsection 404.3(2), the information
referred to in paragraph (c) with respect to
the contributor and the name of the
leadership contestant to whom the amount
has been transferred;
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|
(h.2) a statement of the commercial value of
goods or services provided and of funds
transferred to the registered party from any
of its registered associations, a candidate, a
leadership contestant or a nomination
contestant;
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|
35. Section 425 of the Act is replaced by
the following:
|
|
| When
contributions
forwarded to
Receiver
General
|
425. A registered agent of a registered party
shall, without delay, pay an amount of money
equal to the value of a contribution received
by the registered party, to the Chief Electoral
Officer, who shall forward it to the Receiver
General, if the name of the contributor of a
contribution of more than $10, or the name or
the address of the contributor having made
contributions of a total amount of more than
$200, is not known.
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|
|
36. Subsection 426(1) of the Act is
replaced by the following:
|
|
| Auditor's
report
|
426. (1) The auditor of a registered party
shall report to the party's chief agent on the
financial transactions return of the party and
shall make any examination in accordance
with generally accepted auditing standards
that will enable the auditor to give an opinion
in the report as to whether the return presents
fairly the information contained in the
financial records on which the return is based.
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|
|
|
37. Section 428 of the Act and the heading
before it are repealed.
|
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|
|
38. Subsection 430(1) of the Act is
replaced by the following:
|
|
| Auditor's
report on
return on
election
expenses
|
430. (1) As soon as practicable after a
general election, the auditor of a registered
party shall report to its chief agent on its return
on general election expenses and shall make
any examination in accordance with generally
accepted auditing standards that will enable
the auditor to give an opinion in the report as
to whether the return presents fairly the
information contained in the financial records
on which the return is based.
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|
|
|
39. The portion of subsection 435(1) of
the Act before paragraph (a) is replaced by
the following:
|
|
| Certificate
|
435. (1) On receipt from a registered party
of the documents referred to in subsection
429(1), the Chief Electoral Officer shall
provide the Receiver General with a
certificate that sets out the amount that is 50%
of the registered party's election expenses that
were paid by its registered agents as set out in
the return for its general election expenses, if
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|
|
40. The Act is amended by adding the
following after section 435:
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|
|
Quarterly Allowances
|
|
| Quarterly
allowance
|
435.01 (1) The Chief Electoral Officer shall
determine, for each quarter of a calendar year,
an allowance payable to a registered party
whose candidates for the most recent general
election preceding that quarter received at that
election at least
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|
(a) 2% of the number of valid votes cast; or
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|
|
(b) 5% of the number of valid votes cast in
the electoral districts in which the
registered party endorsed a candidate.
|
|
| Computation
of fund
|
(2) An allowance fund for a quarter shall be
computed by multiplying the number of valid
votes cast in the election referred to in
subsection (1) by $0.375.
|
|
| Computation
of party's
allowance
|
(3) Each such registered party's allowance
for a quarter is that part of the allowance fund
for that quarter that corresponds to its
percentage of valid votes cast in the election
mentioned in subsection (1).
|
|
| Merger of
parties
|
(4) A merged party is entitled to the
aggregate of the allowances to which the
merging parties of which it is composed would
have been entitled had they not merged.
|
|
| Certificate
|
435.02 (1) As soon as practicable after the
end of each quarter, the Chief Electoral
Officer shall provide the Receiver General
with a certificate that sets out the amount of
the allowance payable to a registered party for
that quarter.
|
|
| Delay for
non-complian
ce
|
(2) If a registered party has not filed all
documents that it is required to file under
sections 424 and 429, the Chief Electoral
Officer shall postpone providing the
certificate for any quarter until the party has
filed those documents.
|
|
| Payment
|
(3) The Receiver General shall, on receipt
of a certificate, pay to the registered party out
of the Consolidated Revenue Fund the amount
set out in the certificate.
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|
|
|
|
|
|
|
|
|
|
|
Registration
|
|
| Definition of
``personal
expenses''
|
435.03 In this Division, ``personal
expenses'' of a leadership contestant means
his or her expenses that are reasonably
incurred in relation to his or her leadership
campaign and include
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|
|
(a) travel and living expenses;
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|
|
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|
|
(c) expenses relating to the provision of care
for a person with a physical or mental
incapacity for whom the contestant
normally provides such care; and
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|
|
(d) in the case of a contestant who has a
disability, additional personal expenses that
are related to the disability.
|
|
| Notice of
leadership
contest
|
435.04 (1) If a registered party proposes to
hold a leadership contest, the chief agent of
the party shall file with the Chief Electoral
Officer a statement setting out the dates on
which the leadership contest is to begin and
end.
|
|
| Variation and
cancellation
|
(2) A registered party that proposes to vary
the leadership contest period or to cancel a
leadership contest shall file with the Chief
Electoral Officer a statement setting out, as
the case may be, the amended beginning date
or ending date or the fact of its cancellation.
|
|
| Publication
|
(3) The Chief Electoral Officer shall, in the
manner that he or she considers appropriate,
publish a notice containing the information
referred to in subsections (1) and (2).
|
|
| Duty to
register
|
435.05 (1) Every person who accepts
contributions for, or incurs leadership
campaign expenses in relation to, his or her
campaign for the leadership of a registered
party shall register as a leadership contestant.
|
|
| Deeming
|
(2) For the purposes of this Part, a
leadership contestant is deemed to have been
a leadership contestant from the time he or she
accepts a contribution or incurs a leadership
campaign expense.
|
|
| Contents of
application
|
435.06 (1) An application for registration as
a leadership contestant must include the
following:
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|
|
(a) the name of the leadership contestant;
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|
|
(b) the address of the place at which the
records of the leadership contestant are
maintained and to which communications
may be addressed;
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|
(c) the name and address of the leadership
contestant's financial agent; and
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|
|
(d) the name and address of the leadership
contestant's appointed auditor.
|
|
| Accompanyin
g documents
|
(2) The application must be accompanied
by the following:
|
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|
|
(a) the signed consent of the financial agent
to so act;
|
|
|
|
(b) the signed consent of the auditor to so
act;
|
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|
|
(c) a declaration signed by the chief agent
of the registered party holding the
leadership contest certifying that the party
accepts the applicant as a leadership
contestant; and
|
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|
|
(d) a statement containing the information
referred to in paragraphs 435.3(2)(d) and
(e) with respect to contributions received
before the application for registration.
|
|
| Examination
of application
|
(3) The Chief Electoral Officer shall
register a leadership contestant who meets the
requirements set out in subsections (1) and (2).
In the case of a refusal to register, the Chief
Electoral Officer shall indicate which of those
requirements have not been met.
|
|
| Registry
|
435.07 The Chief Electoral Officer shall
maintain a registry of leadership contestants
that contains the information referred to in
subsection 435.06(1).
|
|
| Appointments
|
435.08 (1) A leadership contestant may,
subject to any terms and conditions that the
contestant specifies, appoint leadership
campaign agents authorized to accept
contributions and incur leadership campaign
expenses for the contestant.
|
|
| Report of
appointment
|
(2) Within 30 days after the appointment of
a leadership campaign agent, the leadership
contestant shall provide the Chief Electoral
Officer with a written report, certified by the
contestant's financial agent, that includes the
name and address of the leadership campaign
agent and any terms and conditions to which
the appointment is subject. The Chief
Electoral Officer shall enter that information
in the registry of leadership contestants.
|
|
| Agents -
ineligible
persons
|
435.09 The following persons are not
eligible to be the financial agent or a
leadership campaign agent of a leadership
contestant:
|
|
|
|
(a) an election officer or a member of the
staff of a returning officer;
|
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|
|
(b) a leadership contestant;
|
|
|
|
(c) an auditor appointed as required by this
Act;
|
|
|
|
(d) a person who is not an elector;
|
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|
|
(e) an undischarged bankrupt; and
|
|
|
|
(f) a person who does not have the capacity
to enter into contracts in the province in
which the person ordinarily resides.
|
|
| Auditor -
eligibility
|
435.1 (1) Only the following are eligible to
be an auditor for a leadership contestant:
|
|
|
|
(a) a person who is a member in good
standing of a corporation, an association or
an institute of professional accountants; or
|
|
|
|
(b) a partnership of which every partner is
a member in good standing of a corporation,
an association or an institute of professional
accountants.
|
|
| Auditor -
ineligible
persons
|
(2) The following persons are not eligible to
be an auditor for a leadership contestant:
|
|
|
|
(a) election officers and members of the
staff of returning officers;
|
|
|
|
(b) chief agents of registered parties or
eligible parties and registered agents of
registered parties;
|
|
|
|
(c) candidates and official agents of
candidates;
|
|
|
|
(d) electoral district agents of registered
associations;
|
|
|
|
(e) leadership contestants and their
leadership campaign agents;
|
|
|
|
(f) nomination contestants and their
financial agents; and
|
|