Prohibition - accepting excessive contributions

(3) No person who is permitted to accept contributions under this Act shall knowingly accept a contribution that exceeds a limit under this Act.

Prohibited agreements

(4) No person or entity shall enter into an agreement for the provision for payment of goods or services to a registered party or a candidate that includes a term that any person will make a contribution, directly or indirectly, to a registered party, a registered association, a candidate, a leadership contestant or a nomination contestant.

Prohibition - making indirect contributions

405.3 (1) No person or entity shall make a contribution to a registered party, a registered association, a candidate or a leadership contestant or a nomination contestant that comes from money, property or the services of another person or entity that was provided to that person or entity for that purpose.

Exception

(2) Despite subsections (1) and 404(1), an association may make contributions that come from money provided by individuals who are eligible, under subsection 404(1), to make contributions if

    (a) the contributions are made to a registered association, a nomination contestant or a candidate;

    (b) the contributions do not exceed

      (i) $1,000 in total in any calendar year to the recipients referred to in paragraph (a) of a particular registered party, and

      (ii) $1,000 in total to a candidate for a particular election who is not the candidate of a registered party ; and

    (c) the association provides, along with each contribution, a statement containing the following information:

      (i) the name and address of the individual who is responsible for the association,

      (ii) the amount of the contribution, and

      (iii) the name and address of each individual whose money forms part of the contribution, the amount of money provided by that individual that is included in the contribution and the date on which it was provided.

If two elections in a year

(2.1) Despite subparagraph (2)(b)(i), if two elections are held in an electoral district in a calendar year and an association has, before the polling day of the first election, made a contribution under that subparagraph to the registered association, the nomination contestants or the candidate of a particular registered party in that electoral district, the association may make contributions not exceeding $1,000 in total to the registered association, the nomination contestants and the candidate of the registered party in that electoral district during the election period for the second election.

Applicable in one electoral district only

(2.2) An association may make contributions under subsection (2.1) in respect of the registered association, the nomination contestants and the candidate of any particular registered party in only one electoral district in any calendar year.

If contribution made to unsuccessful nomination contestant

(2.3) Despite subparagraph (2)(b)(i), if an association has in any calendar year made a contribution under that subparagraph to an individual who is a nomination contestant in an electoral district in a nomination contest held in that year but who is not endorsed by the registered party as its candidate, the association may during that year make contributions not exceeding $1,000 in total to the endorsed candidate after he or she is endorsed.

Applicable in one electoral district only

(2.4) An association may make contributions under subsection (2.3) in respect of the candidate of any particular registered party in respect of only one election and in only one electoral district in any calendar year.

Definition of ``association''

(3) In this section, ``association'' means an unincorporated organization - other than a trade union - together with all of its branches, chapters or any other divisions.

Declaration

(4) Together with the information referred to in paragraph (2)(c), the individual who is responsible for the association shall provide a declaration that the information is complete and accurate.

Prohibition

(5) No individual responsible for an association shall knowingly make a false or misleading declaration relating to the information referred to in paragraph (2)(c).

Amount to be taken into account

(6) For the application of subsection 405(1), an amount of money provided by an individual that was included in a contribution referred to in subsection (2) shall be taken into account in a calculation of contributions by the individual.

Return of contributions

405.4 If a registered party, a registered association, a candidate, a leadership contestant or a nomination contestant receives a contribution made in contravention of subsection 405(1), 405.2(4) or 405.3(1), the chief agent of the registered party, the financial agent of the registered association, the official agent of the candidate or the financial agent of the leadership contestant or nomination contestant, as the case may be, shall, within 30 days of becoming aware of the contravention, return the contribution unused to the contributor, or, if that is not possible, pay the amount of it or, in the case of a non-monetary contribution, an amount of money equal to its commercial value, to the Chief Electoral Officer who shall forward that amount to the Receiver General.

26. Subsection 407(3) of the Act is amended by striking out the word ``and'' at the end of paragraph (c), by adding the word ``and'' at the end of paragraph (d) and by adding the following after paragraph (d):

    (e) the conduct of election surveys or other surveys or research during an election period.

27. Section 408 of the Act is replaced by the following:

Contributions for ticketed fund-raising functions

408. If a fund-raising activity is held for the primary purpose of soliciting a monetary contribution for a registered party, a registered association, a candidate, a leadership contestant or a nomination contestant by way of selling a ticket, the amount of the monetary contribution received is the difference between the price of the ticket and the fair market value of what the ticket entitles the bearer to obtain.

27.1 The Act is amended by adding the following after section 409:

Costs related to candidate's representative s

409.1 Any expenses of a candidate that are incurred to remunerate the candidate's representatives referred to in subsection 136(1) are deemed to be personal expenses of the candidate.

28. Subsection 410(1) of the Act is replaced by the following:

Evidence of payment - $50 or more

410. (1) Where an expense of $50 or more was incurred under this Act by or on behalf of a registered party, a registered association, a candidate, a leadership contestant or a nomination contestant and paid by an agent or other person authorized under this Act to pay such an expense, the agent or other person must keep a copy of the invoice prepared by the person who provided the good or service to which the expense relates together with proof that it was paid.

29. (1) Subsection 411(1) of the Act is amended by striking out the word ``or'' at the end of paragraph (a) and by adding the following after paragraph (b):

    (c) an electoral district agent of a registered association, as an expense incurred by the association;

    (d) a leadership campaign agent of a leadership contestant, as a leadership campaign expense; or

    (e) the financial agent of a nomination contestant, as a nomination campaign expense.

(2) Subsection 411(3) of the Act is amended by striking out the word ``or'' at the end of paragraph (a) and by adding the following after paragraph (b):

    (c) in the case of a petty expense incurred on behalf of a registered association, the day on which it is incurred;

    (d) in the case of a petty expense incurred on behalf of a leadership contestant, the day on which it is incurred; and

    (e) in the case of a petty expense incurred on behalf of a nomination contestant, the day on which it is incurred.

30. (1) Subsection 412(2) of the Act is replaced by the following:

Publication of returns on financial transactions

(2) The Chief Electoral Officer shall, as soon as practicable after receiving them, in the manner that he or she considers appropriate, publish

    (a) the returns on financial transactions of registered parties and registered associations, and any updated versions of them;

    (b) the leadership campaign returns of leadership contestants and the returns in respect of contributions of leadership contestants required under subsection 435.31(1) or (2), any updated versions of them and any statements containing information with respect to contributions referred to in paragraph 435.06(2)(d); and

    (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.

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:

    (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

(2) Paragraph 422(2)(a) is replaced by the following:

    (a) a transfer made by or on behalf of it to candidates in the election; or

33. The Act is amended by adding the following after section 423:

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 to the registered party of the unpaid amount on the day on which the expense was incurred .

When no deemed contribution

(2) Subsection (1) does not apply to an unpaid claim that, on the day referred to in that subsection,

    (a) is the subject of a binding agreement to pay;

    (b) is the subject of a legal proceeding to secure its payment;

    (c) is the subject of a dispute as to the amount the party was liable to pay or the amount that remains unpaid; or

    (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).

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.

34. (1) Paragraph 424(1)(d) of the Act is repealed.

(2) Paragraphs 424(2)(a) to (e) of the Act are replaced by the following:

    (a) the total contributions received by the registered party and the number of contributors;

    (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;

    (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;

(3) Paragraph 424(2)(h) of the Act is replaced by the following:

    (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;

    (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;

    (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;

34.1 The Act is amended by adding the following after section 424:

Quarterly returns

424.1 (1) The chief agent of a registered party that is entitled under subsection 435.01(1) to a quarterly allowance shall, for each quarter of the fiscal period of the party, provide the Chief Electoral Officer with a return that includes the information required under paragraphs 424(2)(a) to (c), (h.2) and (k).

Period for providing return

(2) A quarterly return shall be provided within 30 days after the end of the period to which it relates.

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 $25 , or the name or the address of the contributor having made contributions of a total amount of more than $200, is not known.

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.

37. Section 428 of the Act and the heading before it are repealed.

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.

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

40. The Act is amended by adding the following after section 435:

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