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Election Finances Act

R.S.O. 1990, Chapter E.7

Consolidation Period:  From October 25, 2017 to the e-Laws currency date.

Last amendment: 2017, c. 18, s. 4.

Legislative History: 1996, c. 28, s. 3; 1998, c. 9, s. 51-79, 82; 1999, c. 7, Sched. A, s. 23; 2001, c. 32, s. 25; 2002, c. 8, Sched. I, s. 9; 2004, c. 8, s. 46, Table; 2004, c. 14; 2004, c. 16, Sched. D, Table; 2004, c. 17, s. 32; 2005, c. 35, s. 2; 2007, c. 7, Sched. 7, s. 186; 2007, c. 7, Sched. 11; 2007, c. 15, s. 29-35, 37 (4)-(7), 39 (4)-(7), 40; 2009, c. 33, Sched. 3, s. 2; 2009, c. 33, Sched. 6, s. 55; 2010, c. 7, s. 39-45; 2015, c. 31, Sched. 4; 2016, c. 22, s. 1-58; 2016, c. 33, s. 35; 2017, c. 18, s. 4.

CONTENTS

1.

Interpretation

Powers and Duties of Chief Electoral Officer

2.

Powers and duties, publication, tabling

3.

Application of Public Inquiries Act, 2009

6.

Powers of inspection

7.

Information

8.

Audit

Registration

10.

Registration of parties

11.

Registration of constituency associations

12.

Deregistration

12.1

Nomination contestants

13.

Registration of candidate

14.

Registration of leadership contestant

15.

Inspection of information on file with Chief Electoral Officer

Contributions

16.

Contributions

17.

Return of contributions made in contravention of Act

18.

Maximum contributions

19.

Contributor to contribute only funds belonging to contributor

20.

Funds from federal parties

21.

Value of goods and services

22.

Advertising as contribution

22.1

Coordination rules

23.

Fund-raising events

23.1

Attendance at fund-raising events prohibited

24.

Collection of money at meetings

25.

Receipts

25.1

Electronic database for recording contributions and issuing receipts

25.2

Role of Chief Electoral Officer

25.3

Opting in before June 1, 2012

25.4

Exemption, 50 per cent threshold

25.5

Loss of exemption

26.

Group contributions

27.

Transfer of funds, etc., among parties, constituency associations and candidates

28.

Parties, etc., not to receive contributions in excess of limitations

29.

Prohibited contributions and transfers

30.

Annual membership fees

32.

Who may accept contributions for candidate or leadership contestant

Quarterly Allowance

32.1

Quarterly allowance

33.

Chief financial officers

34.

Recording of contributions

34.1

Disclosure of contributions

Loans and Guarantees

35.

Borrowing

36.

Pre-1986 loans

Release of Election Surveys on Polling Day

36.1

Prohibition

Campaign Advertising

37.

Blackout period

37.0.1

Considerations re political advertising

37.0.2

Non-application re government advertising

37.1

Definitions

37.2

Categorization of expenses

37.3

Saving

37.4

Identification

37.5

Registration requirement for third parties

37.6

Appointment of chief financial officer

37.7

Requirement to appoint auditor

37.8

Registry of third parties

37.9

Duty of chief financial officer

37.10

Prohibition, use of certain contributions

37.10.1

Spending limit

37.11

Contributions over $25

37.12

Third party political advertising report

37.13

Auditor’s report

Campaign Expenses

38.

Limitation of campaign expenses

38.1

Non-campaign expenses

38.2

Nomination contestants

Auditors

40.

Auditors

40.1

Indexation factor

Financial Statements

41.

Annual filing of financial statement and report

41.1

Reporting, nomination contestants

42.

Filing of other financial statements

43.

Failure of candidate or leadership contestant not elected to file statement and report

Public Funding of Candidate and Party Expenses

44.

Reimbursement

Readjustment of Electoral Districts

44.1

Definitions

44.2

Representation Act, 2015, new constituency associations due to readjustment

44.3

Certain by-elections

44.4

Exception, boundaries of electoral district unchanged

44.5

Exception, registered party opts to continue old constituency association

44.6

Registration of certain northern electoral districts

Forms

45.

Forms

Offences

46.

Failure to file financial statements

46.0.1

Failure to file third party election advertising report

46.0.2

Additional penalty, third parties

46.1

Failure to deposit contribution, file report

47.

Offence by corporation or trade union

48.

General offence

49.

Offence for obstructing investigation

50.

Offence for false statement

51.

Offence for false information

52.

Style of prosecution

52.1

Vicarious responsibility

53.

Consent of Chief Electoral Officer

54.

Commission dissolved

 

Interpretation

1 (1) In this Act,

“broadcasting undertaking” means a broadcasting undertaking as defined in section 2 of the Broadcasting Act (Canada); (“entreprise de radiodiffusion”)

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

“campaign expense” means any expense incurred for goods or services in relation to an election by or on behalf of a political party, constituency association or candidate registered under this Act for use in whole or in part during the period commencing with the issue of a writ for an election and terminating on polling day, other than,

(a) expenses incurred by a candidate in seeking nomination in accordance with the Election Act,

(b) a candidate’s deposit as required under the Election Act,

(b.1) expenses that are incurred by a candidate with disabilities and that are directly related to the candidate’s disabilities,

(c) auditor’s and accounting fees,

(d) interest on loans authorized under section 35,

(e) expenses incurred in holding a fund-raising activity referred to in section 23,

(f) expenses incurred for “victory parties” held and “thank you” advertising published after polling day,

(g) expenses incurred in relation to the administration of the political party or constituency association,

(h) transfers authorized under section 27,

(i) fees paid in respect of maintaining a credit card facility,

(j) expenses relating to a recount in respect of the election,

(k) child care expenses of a candidate and other expenses not of partisan value that are set out in guidelines provided by the Chief Electoral Officer under clause 2 (1) (j),

(l) expenses relating to research and polling, and

(m) travel expenses,

but shall be deemed to include the value of any goods held in inventory or any fees or expenses for services for any candidate or political party, and any contribution of goods and services to the political party, constituency association or candidate registered under this Act, for use in whole or in part during the period commencing with the issue of the writ for an election and terminating on polling day; (“dépenses liées à la campagne électorale”)

“campaign period” means the period commencing with the issue of a writ for an election and terminating three months after polling day; (“période de campagne électorale”)

“candidate” means a person who has received a certificate under section 27.1 or 27.2 of the Election Act as a candidate in an electoral district; (“candidat”)

“Chief Electoral Officer” means the Chief Electoral Officer appointed under subsection 4 (1) of the Election Act; (“directeur général des élections”)

“constituency association”, in an electoral district, means the association or organization endorsed by a registered party as the official association of that party in the electoral district; (“association de circonscription”)

“contribution” does not include,

(a) any goods produced, or services performed, for any political party, constituency association, nomination contestant, candidate or leadership contestant by voluntary labour, and

(b) any money, goods or services solicited by or donated to a political party, constituency association, nomination contestant, candidate or leadership contestant for purposes other than the purposes set forth in subsections 10 (1), 11 (1), 12.1 (1), 13 (2) and 14 (1), respectively; (“contribution”)

“election” means an election to elect a member or members to serve in the Assembly; (“élection”)

“financial institution” means,

(a) a bank or authorized foreign bank within the meaning of section 2 of the Bank Act (Canada),

(b) a corporation registered under the Loan and Trust Corporations Act,

(c) a credit union within the meaning of the Credit Unions and Caisses Populaires Act, 1994, or

(d) a retail association as defined under the Cooperative Credit Associations Act (Canada); (“institution financière”)

“general election” means an election in respect of which election writs are issued for all electoral districts; (“élection générale”)

“leadership contest period” means the period commencing with the date of the official call for a leadership contest as set forth in the statement filed by a registered party under subsection 14 (2) and terminating 14 months after the date of the leadership vote; (“période de campagne de désignation du chef d’un parti”)

“leadership contestant” means a person seeking election as leader of a registered party at a leadership contest called by that party for the purpose; (“candidat à la direction d’un parti”)

“leadership vote” means the date on which polling takes place to elect a leader of a registered party at a leadership contest; (“scrutin tenu en vue de désigner le chef d’un parti”)

“nomination contestant” means a person seeking endorsement as an official party candidate for an electoral district; (“candidat à l’investiture”)

“nomination contest period” means, with respect to a nomination contestant, the period that begins when the contestant first receives or spends funds for the purpose of achieving the endorsement, and ends three months after the candidate for the electoral district is selected; (“période de course à l’investiture”)

“person” includes a nomination contestant, a candidate and a leadership contestant, but does not include a corporation or trade union; (“personne”)

“political advertising” means advertising in any broadcast, print, electronic or other medium with the purpose of promoting or opposing any registered party or its leader or the election of a registered candidate and includes advertising that takes a position on an issue that can reasonably be regarded as closely associated with a registered party or its leader or a registered candidate and “political advertisement” has a corresponding meaning, but for greater certainty does not include,

(a) the transmission to the public of an editorial, a debate, a speech, an interview, a column, a letter, a commentary or news,

(b) the distribution of a book, or the promotion of the sale of a book, for no less than its commercial value, if the book was planned to be made available to the public regardless of whether there was to be an election,

(c) communication in any form directly by a person, group, corporation or trade union to their members, employees or shareholders, as the case may be,

(d) the transmission by an individual, on a non-commercial basis on the Internet, of his or her personal political views, or

(e) the making of telephone calls to electors only to encourage them to vote; (“publicité politique”, “annonce politique”)

“polling day” means the day fixed under the Election Act for holding the poll at an election; (“jour du scrutin”)

“registered candidate” means a candidate registered under this Act; (“candidat inscrit”)

“registered constituency association” means a constituency association registered under this Act; (“association de circonscription inscrite”)

“registered leadership contestant” means a leadership contestant registered under this Act; (“candidat inscrit à la direction d’un parti”)

“registered nomination contestant” means a nomination contestant registered under this Act; (“candidat à l’investiture inscrit”)

“registered party” means a political party registered under this Act; (“parti inscrit”)

“third party” means a person or entity, other than a registered candidate, registered constituency association or registered party; (“tiers”)

“trade union” means a trade union as defined by the Labour Relations Act or the Canada Labour Code that holds bargaining rights for employees in Ontario to whom those Acts apply and includes any central, regional or district labour council located in Ontario; (“syndicat”)

“voluntary labour” means any service provided free of charge by a person outside their working hours, but does not include such a service provided by a person who is self-employed if the service is one that is normally charged for by that person; (“travail bénévole”)

“year” means calendar year. (“année”)  R.S.O. 1990, c. E.7, s. 1 (1); 1998, c. 9, s. 51 (1-9); 2001, c. 32, s. 25; 2007, c. 15, ss. 29, 40 (1); 2007, c. 7, Sched. 7, s. 186 (1); 2016, c. 22, s 1 (1-6), 58; 2016, c. 33, s. 35 (1); 2017, c. 18, s. 4 (1).

Associated corporations

(2) Where a corporation is associated with another corporation under section 256 of the Income Tax Act (Canada) and where one or both of those associated corporations does not or do not carry on an active business as that expression is defined in paragraph 125 (7) (a) of the Income Tax Act (Canada), the two associated corporations shall be considered as a single corporation for the purposes of this Act.  R.S.O. 1990, c. E.7, s. 1 (2); 2004, c. 16, Sched. D, Table.

Application re nomination contestants

(3) The requirements of this Act respecting nomination contests, nomination contestants and registered nomination contestants apply on and after July 1, 2017. 2016, c. 22, s. 1 (7).

Transition, nomination contest period

(4) In the case of a nomination contestant whose nomination contest period ended on or after July 1, 2017 and before the Representation Statute Law Amendment Act, 2017 received Royal Assent, the nomination contest period is instead deemed to have ended three months after the Representation Statute Law Amendment Act, 2017 received Royal Assent. 2017, c. 18, s. 4 (2).

Note: On June 30, 2018, subsection 1 (4) of the Act is repealed. (See: 2017, c. 18, s. 4 (3))

Section Amendments with date in force (d/m/y)

1998, c. 9, s. 51 (1-11) - 01/01/1999; 1998, c. 9, s. 79 - 01/01/1999

2001, c. 32, s. 25 - 30/09/2002

2004, c. 16, Sched. D, Table - 01/01/2004

2007, c. 7, Sched. 7, s. 186 (1) - 01/10/2009; 2007, c. 15, s. 29 - 04/06/2007; 2007, c. 15, s. 40 (1) - 04/06/2007

2016, c. 22, s. 1 (1-8) - 01/01/2017; 2016, c. 22, s 58 - 01/01/2017; 2016, c. 33, s. 35 (1) - 01/07/2017

2017, c. 18, s. 4 (1, 2) - 25/10/2017; 2017, c. 18, s. 4 (3) - 30/06/2018

Powers and Duties of Chief Electoral Officer

Powers and duties, publication, tabling

Powers and duties

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

(a) assist political parties, constituency associations, nomination contestants, candidates, leadership contestants and third parties registered under this Act in the preparation of returns required under this Act;

(a.1) assist campaign organizers under the Taxpayer Protection Act, 1999 in the preparation of returns required under that Act;

(b) ensure that every registered constituency association, registered nomination contestant, registered candidate and registered leadership contestant has appropriate auditing services in order to properly comply with this Act;

(c) examine all financial returns filed with him or her under this Act and the Taxpayer Protection Act, 1999;

(d) conduct periodic investigations and examinations of the financial affairs and records of registered parties, registered constituency associations, registered nomination contestant, registered candidates, registered leadership contestants and registered third parties in relation to election campaigns;

(e) reimburse candidates and political parties for election expenses in accordance with section 44;

(f) recommend any amendments to this Act that he or she considers advisable;

(g) report to the Attorney General any apparent contravention of this Act or sections 7 to 13 of the Taxpayer Protection Act, 1999;

(h) prescribe forms and their contents for use under this Act and provide for their use;

(i) prepare, print and distribute forms for use under this Act or the Taxpayer Protection Act, 1999;

(j) provide such guidelines for the proper administration of this Act as he or she considers necessary for the guidance of auditors, political parties, constituency associations, nomination contestants, candidates, leadership contestants and third parties and any of their officers;

(j.1) provide such guidelines for the proper administration of the Taxpayer Protection Act, 1999 as he or she considers necessary for the guidance of campaign organizers and any of their officers;

(j.2) publish, on a website on the Internet, the reports filed under section 34.1 or the information contained in those reports;

(k) publish the guidelines provided under clauses (j) and (j.1),

(i) in The Ontario Gazette, and

(ii) on a website on the Internet;

(l) publish, in respect of each campaign period, a joint summary of the income and campaign expenses of each candidate, and of any reimbursement under section 44, together with the income and campaign expenses of the constituency association endorsing his or her candidacy,

(i) in The Ontario Gazette, and

(ii) on a website on the Internet;

(m) publish on a website on the Internet the names and addresses of registered third parties, as they are registered; and

(n) publish on a website on the Internet, within one year after the issue of the writ, reports filed under subsection 37.12 (1).  1998, c. 9, s. 52; 1999, c. 7, Sched. A, s. 23 (1-6); 2005, c. 35, s. 2 (1); 2007, c. 15, ss. 30 (1-4), 40 (1); 2016, c. 22, s. 2 (1-4), 58.

Internet publication

(2) Information published under clause (1) (j.2), subclause (1) (l) (ii) or clause (1) (m) or (n) shall remain available for at least six years after the date of original publication.  1998, c. 9, s. 52; 2005, c. 35, s. 2 (2); 2007, c. 15, s. 30 (5).

Prohibition

(3) The addresses of contributors shall not be published under clause (1) (j.2), (l) or (n).  1998, c. 9, s. 52; 2005, c. 35, s. 2 (3); 2007, c. 15, s. 30 (6).

Annual report

(4) The Chief Electoral Officer shall make an annual report on the affairs of his or her office in relation to this Act and the Taxpayer Protection Act, 1999 to the Speaker of the Assembly.  1998, c. 9, s. 52; 1999, c. 7, Sched. A, s. 23 (7); 2007, c. 15, s. 40 (1).

Recommendations to Speaker

(5) The Chief Electoral Officer shall, within 12 months after polling day in each general election, make recommendations to the Speaker of the Assembly with respect to,

(a) changes in limits on contributions to registered constituency associations, nomination contestants, candidates, political parties or leadership contestants;

(b) changes in limits on campaign expenses that may be incurred during a relevant period by candidates, political parties, nomination contestants or leadership contestants;

(c) changes in levels of public funding of candidates or political parties;

(d) changes in public funding of auditor’s fees charged to constituency associations, nomination contestants, candidates, political parties and leadership contestants; and

(e) any other changes in monetary limits that the Chief Electoral Officer considers appropriate.  1998, c. 9, s. 52; 2007, c. 15, s. 40 (1); 2016, c. 22, s. 2 (5, 6).

Tabling

(6) The Speaker shall lay annual reports received under subsection (4) and recommendations received under subsection (5) before the Assembly if it is in session or, if not, at the next session.  1998, c. 9, s. 52.

Section Amendments with date in force (d/m/y)

1998, c. 9, s. 52 - 01/01/1999; 1999, c. 7, Sched. A, s. 23 (1-7) - 14/12/1999

2005, c. 35, s. 2 (1-3) - 15/12/2005

2007, c. 15, s. 30 (1-6) - 04/06/2007; 2007, c. 15, s. 40 (1) - 04/06/2007

2016, c. 22, s. 2 (1-6) - 01/01/2017; 2016, c. 22, s. 58 - 01/01/2017

Application of Public Inquiries Act, 2009

3 Section 33 of the Public Inquiries Act, 2009 applies to any investigation or examination under this Act or the Taxpayer Protection Act, 1999 by the Chief Electoral Officer.  2009, c. 33, Sched. 6, s. 55.

Section Amendments with date in force (d/m/y)

1998, c. 9, s. 52 - 01/01/1999; 1999, c. 7, Sched. A, s. 23 (8) - 14/12/1999

2007, c. 15, s. 40 (1) - 04/06/2007

2009, c. 33, Sched. 6, s. 55 - 01/06/2011

4 Repealed:  1998, c. 9, s. 52.

Section Amendments with date in force (d/m/y)

1998, c. 9, s. 52 - 01/01/1999

5 Repealed:  1998, c. 9, s. 52.

Section Amendments with date in force (d/m/y)

1998, c. 9, s. 52 - 01/01/1999

Powers of inspection

6 For the purposes of an investigation or examination under this Act or the Taxpayer Protection Act, 1999, a representative of the Chief Electoral Officer, on producing that person’s authorization to enter the premises (referred to in the authorization) in which the books, papers and documents of a political party, constituency association, nomination contestant, candidate or leadership contestant relevant to the subject-matter of the investigation or examination are kept, may at any reasonable time enter such premises and examine such books, papers and documents.  R.S.O. 1990, c. E.7, s. 6; 1998, c. 9, s. 53; 1999, c. 7, Sched. A, s. 23 (9); 2007, c. 15, s. 40 (1); 2016, c. 22, s. 3.

Section Amendments with date in force (d/m/y)

1998, c. 9, s. 53 (1, 2) - 01/01/1999; 1999, c. 7, Sched. A, s. 23 (9) - 14/12/1999

2007, c. 15, s. 40 (1) - 04/06/2007

2016, c. 22, s. 3 - 01/01/2017

Information

7 (1) If information with respect to the affairs of a party, constituency association, nomination contestant, candidate or leadership contestant that is registered under this Act is reasonably necessary for the performance of the Chief Electoral Officer’s duties under this Act, he or she may request the information and the registered entity or person shall provide it.  1998, c. 9, s. 54; 2007, c. 15, s. 40 (1); 2016, c. 22, s. 4.

Same

(1.1) If information with respect to the affairs of a registered campaign organizer under the Taxpayer Protection Act, 1999 is reasonably necessary for the performance of the Chief Electoral Officer’s duties under that Act, he or she may request the information and the campaign organizer shall provide it.  1999, c. 7, Sched. A, s. 23 (10); 2007, c. 15, s. 40 (1).

Same

(2) The information shall be provided within 30 days after a written request is received, or within the longer period fixed by the Chief Electoral Officer.  1998, c. 9, s. 54; 2007, c. 15, s. 40 (1).

Section Amendments with date in force (d/m/y)

1998, c. 9, s. 54 - 01/01/1999; 1999, c. 7, Sched. A, s. 23 (10) - 14/12/1999

2007, c. 15, s. 40 (1) - 04/06/2007

2016, c. 22, s. 4 - 01/01/2017

Audit

8 The accounts and financial transactions of the Chief Electoral Officer in relation to this Act and the Taxpayer Protection Act, 1999 shall be audited annually by the Auditor General.  1998, c. 9, s. 55; 1999, c. 7, Sched. A, s. 23 (11); 2004, c. 17, s. 32; 2007, c. 15, s. 40 (1).

Section Amendments with date in force (d/m/y)

1998, c. 9, s. 55 - 01/01/1999; 1999, c. 7, Sched. A, s. 23 (11) - 14/12/1999

2004, c. 17, s. 32 - 30/11/2004

2007, c. 15, s. 40 (1) - 04/06/2007

9 Repealed:  1998, c. 9, s. 55.

Section Amendments with date in force (d/m/y)

1998, c. 9, s. 55 - 01/01/1999

Registration

Registration of parties

10 (1) No political party and no person, organization or entity acting on behalf of the political party shall accept contributions for the purposes of the political party or for the purposes of any constituency association or for the candidacy of any person at an election or for an election campaign of any person unless the political party is registered under this Act.  R.S.O. 1990, c. E.7, s. 10 (1); 2016, c. 22, s. 5.

Qualifications for registration

(2) Any political party may apply to the Chief Electoral Officer for registration in the register of political parties if the political party,

(a) after writs are issued for a general election or for two or more concurrent by-elections, endorses candidates in at least two electoral districts; or

(b) at any time other than during a campaign period and within one year after the Chief Electoral Officer makes a determination under subsection (7) that the name of the political party and the abbreviation thereof, if any, is registrable, provides the Chief Electoral Officer with the names, addresses and signatures of at least 1,000 persons who,

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

(ii) endorse the registration of the political party concerned.  2007, c. 7, Sched. 11, s. 1 (1); 2007, c. 15, s. 39 (4).

Application for registration

(3) The Chief Electoral Officer shall maintain a register of political parties and subject to this section shall register therein any political party that is qualified to be registered and that files an application for registration with the Chief Electoral Officer, setting out,

(a) the full name of the political party;

(b) the political party name or abbreviation to be shown in any election documents;

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

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

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

(f) the name of the chief financial officer 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 financial institution to be used by the political party as the depositories for contributions made to that political party;

(i) the names of the political party signing officers responsible for each depository referred to in clause (h);

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

(k) a statement, attested to by the leader of the party, that participating in public affairs by endorsing candidates and supporting their election is a fundamental purpose of the party.  R.S.O. 1990, c. E.7, s. 10 (3); 1998, c. 9, s. 79; 2007, c. 7, Sched. 11, s. 1 (2); 2007, c. 15, s. 40 (1); 2007, c. 7, Sched. 7, s. 186 (2).

Registration by Chief Electoral Officer

(4) On receiving an application for registration of a political party, the Chief Electoral Officer shall,

(a) examine the application and determine if the party can be registered;

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

(c) if the party cannot be registered, so inform the party, with written reasons for the determination.  1998, c. 9, s. 56; 2007, c. 15, s. 40 (1).

Name of political party

(5) The Chief Electoral Officer shall not register a political party if,

(a) its name includes the word “independent” or “indépendant” in any form; or

(b) in his or her opinion, the resemblance between the name or abbreviation of the name of the party and the name, abbreviation of the name or nickname of another political party or political organization that is active anywhere in Canada is so close that confusion is likely.  1998, c. 9, s. 56; 2007, c. 15, s. 40 (1).

Variation of register

(6) Where any change in the information referred to,

(a) in clause (3) (a) or (b) is proposed to be made, the registered party shall notify the Chief Electoral Officer in writing of the proposed change and, unless the Chief Electoral Officer determines that the proposed change is so significant as to constitute an entirely new name or abbreviation, the Chief Electoral Officer shall, subject to subsection (5), vary the register of political parties accordingly; or

(b) in clauses (3) (c) to (i) occurs, the registered party shall notify the Chief Electoral Officer in writing within thirty days of such alteration and, upon receipt of such notice, the Chief Electoral Officer shall vary the register of political parties accordingly.  R.S.O. 1990, c. E.7, s. 10 (6); 1998, c. 9, s. 79; 2007, c. 15, s. 40 (1).

Annual statement of purpose

(6.1) On or before May 31 in each year, the registered party shall file with the Chief Electoral Officer a statement, attested to by the leader of the party, that participating in public affairs by endorsing candidates and supporting their election is a fundamental purpose of the party.  2007, c. 7, Sched. 11, s. 1 (3); 2007, c. 15, s. 39 (5).

Submission of name to Chief Electoral Officer

(7) A political party which intends to apply to the Chief Electoral Officer for registration under clause (2) (b) shall, prior to canvassing for signatures for the purpose, submit to the Chief Electoral Officer the full name of the political party and the abbreviation thereof, if any, and the Chief Electoral Officer shall determine whether the name and abbreviation thereof, if any, is registrable in accordance with subsection (5).  R.S.O. 1990, c. E.7, s. 10 (7); 1998, c. 9, s. 79; 2007, c. 15, s. 40 (1).

Reservation of name

(8) Where the Chief Electoral Officer determines that the name and abbreviation thereof, if any, of a political party is registrable, that name and abbreviation thereof, if any, shall be reserved for the political party for a period of one year following the date that the Chief Electoral Officer makes the determination and, during the period, the political party shall be deemed to be a registered political party for the purposes of subsection (5).  R.S.O. 1990, c. E.7, s. 10 (8); 1998, c. 9, s. 79; 2007, c. 15, s. 40 (1).

Section Amendments with date in force (d/m/y)

1998, c. 9, s. 56 - 01/01/1999; 1998, c. 9, s. 79 - 01/01/1999

2007, c. 7, Sched. 7, s. 186 (2) - 01/10/2009; 2007, c. 7, Sched. 11, s. 1 (1-3) - 17/05/2007; 2007, c. 15, s. 39 (4, 5) - 04/06/2007; 2007, c. 15, s. 40 (1) - 04/06/2007

2016, c. 22, s. 5 - 01/01/2017

Registration of constituency associations

11 (1) No constituency association of a registered party and no person, organization or entity acting on behalf of the constituency association shall accept contributions for the purposes of the constituency association or for the purposes of the registered party or for the candidacy of any person at an election or for an election campaign of any person unless the constituency association is registered under this Act.  R.S.O. 1990, c. E.7, s. 11 (1); 2016, c. 22, s. 6.

Application for registration

(2) The Chief Electoral Officer shall maintain a register of constituency associations and, subject to this section, shall register therein any constituency association of a registered party that files an application for registration with the Chief Electoral Officer setting out,

(a) the full name of the constituency association and of the registered party by which it is endorsed;

(b) the address of the place or places in Ontario where records of the constituency association are maintained and of the place in Ontario to which communications may be addressed;

(c) the names of the principal officers of the constituency association;

(d) the name of the chief financial officer of the constituency association;

(e) the names of all persons authorized by the constituency association to accept contributions;

(f) the name and address of every financial institution to be used by the constituency association as the depositories for all contributions made to that constituency association;

(g) the names of the constituency association signing officers responsible for each depository referred to in clause (f); and

(h) a statement of the assets and liabilities of the constituency association as of a date not earlier than ninety days prior to the date of its application for registration attested to by the chief financial officer.  R.S.O. 1990, c. E.7, s. 11 (2); 1998, c. 9, s. 79; 2007, c. 15, s. 40 (1); 2007, c. 7, Sched. 7, s. 186 (3).

Registration by Chief Electoral Officer

(3) On receiving an application for registration of a constituency association, the Chief Electoral Officer shall,

(a) examine the application and determine if the constituency association can be registered;

(b) if the constituency association can be registered, enter it in the register of constituency associations and so inform the constituency association;

(c) if the constituency association cannot be registered, so inform the constituency association, with written reasons for the determination.  1998, c. 9, s. 57; 2007, c. 15, s. 40 (1).

Variation of register

(4) Where any of the information referred to in clauses (2) (a) to (g) is altered, the registered constituency association shall notify in writing the Chief Electoral Officer within thirty days of any such alteration and, upon receipt of any such notice, the Chief Electoral Officer shall vary the register of constituency associations accordingly.  R.S.O. 1990, c. E.7, s. 11 (4); 1998, c. 9, s. 79; 2007, c. 15, s. 40 (1).

Section Amendments with date in force (d/m/y)

1998, c. 9, s. 57 - 01/01/1999; 1998, c. 9, s. 79 - 01/01/1999

2007, c. 7, Sched. 7, s. 186 (3) - 01/10/2009; 2007, c. 15, s. 40 (1) - 04/06/2007

2016, c. 22, s. 6 - 01/01/2017

Deregistration

Deregistration of parties and constituency associations, on application

12 (1) The Chief Electoral Officer may deregister,

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

(b) a registered constituency association on an application therefor by the constituency association and the registered party concerned.  R.S.O. 1990, c. E.7, s. 12 (1); 1998, c. 9, s. 79; 2007, c. 15, s. 40 (1).

Discretionary deregistration

(2) The Chief Electoral Officer may deregister,

(a) a registered party,

(i) that fails to comply with subsection 10 (6) or 33 (3),

(ii) that fails to comply with the filing requirement in subsection 10 (6.1),

(iii) that fails, in the Chief Electoral Officer’s opinion, to participate in public affairs in accordance with the statement referred to in clause 10 (3) (k) or subsection 10 (6.1), or

(iv) whose chief financial officer fails to comply with section 41 or 42; or

(b) a registered constituency association that fails to comply with subsection 11 (4) or 33 (3) or whose chief financial officer fails to comply with section 41 or 42.  2007, c. 7, Sched. 11, s. 2; 2007, c. 15, s. 39 (6).

Mandatory deregistration

(2.1) If a registered party or its constituency associations nominate fewer than two candidates at a general election, the Chief Electoral Officer shall promptly deregister the party and shall send the party notice of the deregistration, by registered mail.  2007, c. 7, Sched. 11, s. 2; 2007, c. 15, s. 39 (7); 2016, c. 33, s. 35 (2).

Notice of proposal to deregister

(3) Where the Chief Electoral Officer proposes to deregister a political party under subsection (2), he or she shall send notice of the proposal, with written reasons, to the political party by registered mail.  1998, c. 9, s. 58 (1); 2007, c. 15, s. 40 (1).

Same

(4) Where the Chief Electoral Officer proposes to deregister a constituency association under subsection (2), he or she shall send notice of the proposal, with written reasons, to the constituency association and to the political party concerned, by registered mail.  1998, c. 9, s. 58 (1); 2007, c. 15, s. 40 (1).

Request for review

(4.1) A political party or constituency association that receives notice under subsection (3) or (4) may, within 30 days after the notice is sent, make a written request to the Chief Electoral Officer to review the proposal.  1998, c. 9, s. 58 (1); 2007, c. 15, s. 40 (1).

Review

(4.2) On receiving the request, the Chief Electoral Officer shall review the proposal and give the political party or constituency association an opportunity to make representations to him or her.  1998, c. 9, s. 58 (1); 2007, c. 15, s. 40 (1).

Same

(4.3) Following the review, the Chief Electoral Officer may decide to withdraw the proposal or to carry it out, and shall give written notice of the decision,

(a) in the case of a proposal to deregister a political party, to the party;

(b) in the case of a proposal to deregister a constituency association, to the constituency association and to the political party concerned.  1998, c. 9, s. 58 (1); 2007, c. 15, s. 40 (1).

Party and associations thereof deregistered

(5) Where a political party is deregistered, the registered constituency associations of such political party are thereby also deregistered.  R.S.O. 1990, c. E.7, s. 12 (5).

Reregistration

(6) Where a political party or constituency association is deregistered for failure to comply with section 41 or 42, it may not apply for registration until the financial statements as required by section 41 or 42, together with the auditor’s report thereon as required by subsection 40 (4), that were not filed have been filed with the Chief Electoral Officer.  R.S.O. 1990, c. E.7, s. 12 (6); 1998, c. 9, s. 79; 2007, c. 15, s. 40 (1).

Disposition of party’s funds on deregistration

(7) When a political party is deregistered, all its funds that are not required to pay outstanding debts shall be paid to the Chief Electoral Officer, who shall hold them in trust for the political party; if the party does not become registered under this Act within two years after its deregistration, the funds become the property of the Chief Electoral Officer, who shall use them in carrying out his or her functions under this Act.  1998, c. 9, s. 58 (2); 2007, c. 15, s. 40 (1).

Disposition of constituency association’s funds on deregistration

(8) When a constituency association is deregistered, subsection (7) applies with necessary modifications, except that if the constituency association does not become registered within two years after its deregistration, the funds become the property of the political party concerned.  1998, c. 9, s. 58 (2).

Duty of Chief Electoral Officer

(9) The chief financial officer of a political party or constituency association that applies for deregistration under subsection (1) shall, at the same time, file with the Chief Electoral Officer,

(a) financial statements of the party’s or association’s income and expenses, for the period commencing with the day immediately following the most recent period for which a financial statement has been filed under section 41 or under this clause and ending on the last day on which any financial activity of the party or association occurred;

(b) financial statements of the party’s or association’s assets and liabilities, as of the last day of the period for which financial statements of income and expenses are filed under clause (a); and

(c) an auditor’s report on the financial statements, in accordance with subsection 40 (4).  1998, c. 9, s. 58 (2); 2007, c. 15, s. 40 (1).

Section Amendments with date in force (d/m/y)

1998, c. 9, s. 58 (1, 2) - 01/01/1999; 1998, c. 9, s. 79 - 01/01/1999

2007, c. 7, Sched. 11, s. 2 - 17/05/2007; 2007, c. 15, s. 38 (6, 7) - 04/06/2007; 2007, c. 15, s. 40 (1) - 04/06/2007

2016, c. 33, s. 35 (2) - 01/07/2017

Nomination contestants

12.1 (1) No person and no person, organization or entity acting on behalf of that person and no political party or any of its associations or organizations acting on behalf of that person shall accept contributions for the candidacy of that person in a contest related to seeking endorsement as an official party candidate unless that person is a nomination contestant registered under this Act. 2016, c. 22, s. 7.

Notice of nomination contest

(2) A registered party or registered constituency association that proposes to hold a nomination contest shall file with the Chief Electoral Officer a statement setting out the date of the official call of the nomination contest and the date fixed for the vote. 2016, c. 22, s. 7.

Application for registration

(3) The Chief Electoral Officer shall maintain a register of nomination contestants in relation to each nomination contest and, subject to this section, shall register in it any nomination contestant who files an application for registration with the Chief Electoral Officer setting out,

(a) the full name of the nomination contestant;

(b) the address of the place or places in Ontario where records of the nomination contestant are maintained and of the place in Ontario to which communications may be addressed;

(c) the party affiliation of the nomination contestant;

(d) the names of the principal officers, including the chief financial officer of the nomination contestant and the auditor, if any;

(e) the names of all persons authorized by the nomination contestant to accept contributions;

(f) the name and address of every financial institution that is lawfully entitled to accept deposits to be used by or on behalf of the nomination contestant as the depositories for all contributions made to that nomination contestant; and

(g) the names of the persons responsible for each depository referred to in clause (f). 2016, c. 22, s. 7.

Deemed registered on day of filing

(4) A nomination contestant who files an application under subsection (3) shall be deemed to be registered on the day of filing. 2016, c. 22, s. 7.

Variation of register

(5) Where any of the information referred to in clauses (3) (b) to (g) is altered, the nomination contestant shall promptly notify in writing the Chief Electoral Officer of the alteration and, upon receipt of the notice, the Chief Electoral Officer shall vary the register of nomination contestants accordingly. 2016, c. 22, s. 7.

Contestant’s funds considered contribution

(6) Any money used for a registered nomination contestant’s campaign out of the contestant’s own funds shall be considered to be a contribution for the purposes of this Act and every registered nomination contestant shall submit to his or her chief financial officer a statement in writing setting forth all nomination contest expenses paid or to be paid out of the contestant’s own funds, together with all receipts and claims therefor, within three months after the date that a candidate is selected. 2016, c. 22, s. 7.

Surplus funds

(7) Where, after the candidate is selected for the electoral district, there is a surplus in the funds raised for the purposes of the nomination contestant’s campaign, the contestant shall pay the funds over to the relevant constituency association, except that if the nomination contestant is selected as the candidate for the electoral district, he or she may pay the funds into his or her depository for contributions as a candidate. 2016, c. 22, s. 7.

Section Amendments with date in force (d/m/y)

2016, c. 22, s. 7 - 01/01/2017

Registration of candidate

13 (1) Repealed: 2016, c. 33, s. 35 (3).

Idem

(2) No person and no person, organization or entity acting on behalf of such person and, except as provided under subsections 10 (1) and 11 (1), no political party or association or organization thereof acting on behalf of such person, shall accept contributions for the candidacy of such person at an election or for an election campaign of such person unless such person is a candidate registered under this Act.  R.S.O. 1990, c. E.7, s. 13 (2); 2016, c. 22, s. 8.

Registration

(3) The Chief Electoral Officer shall, for each election, maintain a register of candidates in respect of whom a certificate has been issued under section 27.1 or 27.2 of the Election Act, and for the purposes of this Act,

(a) a prospective candidate who has submitted a nomination paper under one of those sections is deemed to have filed an application for registration as a candidate with the Chief Electoral Officer; and

(b) a person is deemed to have been registered as a candidate on and from the day such a certificate has been issued. 2016, c. 33, s. 35 (4).

(4)-(7) Repealed: 2016, c. 33, s. 35 (4).

Section Amendments with date in force (d/m/y)

1998, c. 9, s. 79 - 01/01/1999

2007, c. 7, Sched. 7, s. 186 (4) - 01/10/2009; 2007, c. 15, s. 40 (1) - 04/06/2007

2016, c. 22, s. 8 - 01/01/2017; 2016, c. 33, s. 35 (3, 4) - 01/07/2017

Registration of leadership contestant

14 (1) No person and no person, organization or entity acting on behalf of that person and no political party or association or organization thereof acting on behalf of that person shall accept contributions for the candidacy of that person for the leadership of a registered party or for a leadership campaign of that person unless that person is a leadership contestant registered under this Act.  R.S.O. 1990, c. E.7, s. 14 (1); 2016, c. 22, s. 9 (1), 58.

Notice of leadership contest

(2) A registered party that proposes to hold a leadership contest shall file with the Chief Electoral Officer a statement setting out the date of the official call of the leadership contest and the date fixed for the leadership vote.  1998, c. 9, s. 59 (1); 2007, c. 15, s. 40 (1).

Requirement to register

(2.1) When the post of leader of a registered party has become vacant, a person who is seeking election as leader of the registered party is required to register under this section even if the party has not filed a statement under subsection (2). 2016, c. 22, s. 9 (2).

When seeking election

(2.2) For the purposes of subsection (2.1), a person is deemed to be seeking election as leader of a registered party as soon as the person or a person, organization or entity acting of the behalf of the person incurs expenses for goods or services in relation to a leadership contest or accepts contributions in relation to a leadership contest. 2016, c. 22, s. 9 (2).

Application for registration

(3) The Chief Electoral Officer shall maintain a register of leadership contestants in relation to each leadership contest and, subject to this section, shall register in it any leadership contestant who files an application for registration setting out,

(a) the full name of the leadership contestant;

(b) the address of the place or places in Ontario where records of the leadership contestant are maintained and of the place in Ontario to which communications may be addressed;

(c) the names of the principal officers, including the chief financial officer and auditor, of the leadership contestant;

(d) the names of all persons authorized by the leadership contestant to accept contributions;

(e) the name and address of every financial institution that is lawfully entitled to accept deposits to be used by or on behalf of the leadership contestant as the depositories for all contributions made to that leadership contestant;

(f) the names of the persons responsible for each depository referred to in clause (e); and

(g) the certification of the registered party that the leadership contestant has met the constitutional requirements of that party for eligibility to contest the leadership of that party.  R.S.O. 1990, c. E.7, s. 14 (3); 1998, c. 9, s. 59 (2); 2007, c. 15, s. 40 (1); 2007, c. 7, Sched. 7, s. 186 (5).

(4) Repealed: 2016, c. 22, s. 9 (3).

Deemed registered on day of filing

(5) A leadership contestant who files an application under subsection (3) shall be deemed to be registered on the day of filing.  R.S.O. 1990, c. E.7, s. 14 (5).

Variation of register

(6) Where any of the information referred to in clauses (3) (b) to (f) is altered, the leadership contestant shall forthwith notify in writing the Chief Electoral Officer of such alteration, and upon receipt of any such notice, the Chief Electoral Officer shall vary the register of leadership contestants accordingly.  R.S.O. 1990, c. E.7, s. 14 (6); 1998, c. 9, s. 79; 2007, c. 15, s. 40 (1).

Contestant’s funds considered contribution

(7) Any money used for a registered leadership contestant’s campaign out of the contestant’s own funds shall be considered to be a contribution for the purposes of this Act and every registered leadership contestant shall submit to his or her chief financial officer a statement in writing setting forth all leadership contest expenses paid or to be paid out of the contestant’s own funds, together with all receipts and claims therefor, within three months after the date of the leadership vote.  1998, c. 9, s. 59 (4); 2016, c. 22, s. 58.

Section Amendments with date in force (d/m/y)

1998, c. 9, s. 59 (1-4) - 01/01/1999; 1998, c. 9, s. 79 - 01/01/1999

2007, c. 7, Sched. 7, s. 186 (5) - 01/10/2009; 2007, c. 15, s. 40 (1) - 04/06/2007

2016, c. 22, s. 9 (1-3) - 01/01/2017; 2016, c. 22, s. 58 - 01/01/2017

Inspection of information on file with Chief Electoral Officer

15 (1) All documents filed with the Chief Electoral Officer are public records and may be inspected by any person upon request at the offices of the Chief Electoral Officer during normal office hours.  R.S.O. 1990, c. E.7, s. 15 (1); 1998, c. 9, s. 79; 2007, c. 15, s. 40 (1).

Extracts

(2) Any person may take extracts from the documents referred to in subsection (1) and is entitled to copies thereof upon payment for the preparation of the copies at such rate as the Chief Electoral Officer may determine.  R.S.O. 1990, c. E.7, s. 15 (2); 1998, c. 9, s. 79; 2007, c. 15, s. 40 (1).

Not to be used for commercial solicitation

(3) No person, corporation or trade union shall use any of the information contained in any document filed with the Chief Electoral Officer for purposes of commercial solicitation.  R.S.O. 1990, c. E.7, s. 15 (3); 1998, c. 9, s. 79; 2007, c. 15, s. 40 (1).

Section Amendments with date in force (d/m/y)

1998, c. 9, s. 79 - 01/01/1999

2007, c. 15, s. 40 (1) - 04/06/2007

Contributions

Contributions

Who may contribute

16 (1) Contributions to parties, constituency associations, nomination contestants, candidates and leadership contestants registered under this Act may be made only by persons individually. 2016, c. 22, s. 10 (1).

Contributions over $25

(2) Money contributed to political parties, constituency associations, nomination contestants, candidates or leadership contestants registered under this Act in amounts in excess of $25,

(a) shall not be contributed in the form of cash; and

(b) shall be contributed,

(i) in a manner that associates the contributor’s name and account with the payment, or

(ii) by a money order signed by the contributor.  2010, c. 7, s. 39 (1); 2016, c. 22, s. 10 (2).

Depositing of contributions

(3) All money accepted by or on behalf of a political party, constituency association, nomination contestant, candidate or leadership contestant registered under this Act shall be paid into the appropriate depository on record with the Chief Electoral Officer.  R.S.O. 1990, c. E.7, s. 16 (3); 1998, c. 9, s. 79; 2007, c. 15, s. 40 (1); 2016, c. 22, s. 10 (3).

Certain contributions by estates

(4) An estate may make contributions to parties and constituency associations, and for the purposes of those contributions, a person and his or her estate are deemed to be one person.  2010, c. 7, s. 39 (2).

Section Amendments with date in force (d/m/y)

1998, c. 9, s. 60 - 01/01/1999; 1998, c. 9, s. 79 - 01/01/1999

2007, c. 15, s. 40 (1) - 04/06/2007

2010, c. 7, s. 39 (1, 2) - 18/05/2010

2016, c. 22, s. 10 (1-3) - 01/01/2017

Return of contributions made in contravention of Act

17 (1) Where the chief financial officer learns that any contribution received by or on behalf of the political party, constituency association, nomination contestant, candidate or leadership contestant for whom he or she acts was made or received in contravention of any provision of this Act, the chief financial officer shall, within thirty days after learning that the contribution was made contrary to this Act and upon obtaining the contributor’s copy of the receipt issued under this Act, or cancelling the receipt and giving the contributor notice of the cancellation, return the contribution or an amount equal to the sum contributed.  R.S.O. 1990, c. E.7, s. 17 (1); 2010, c. 7, s. 40; 2016, c. 22, s. 11 (1).

Anonymous, etc., contributions

(2) Any contribution not returned to the contributor in accordance with subsection (1) or any anonymous contribution received by a political party, constituency association, nomination contestant, candidate or leadership contestant registered under this Act shall not be used or expended, but shall be paid over to the Chief Electoral Officer and become part of the funds of the Chief Electoral Officer to be used by the Chief Electoral Officer in carrying out its responsibilities under this Act.  R.S.O. 1990, c. E.7, s. 17 (2); 1998, c. 9, s. 79; 2007, c. 15, s. 40 (1); 2016, c. 22, s. 11 (2).

Contribution to dissolved constituency association

(3) The following rules apply if, after a constituency association is dissolved under section 44.2 or 44.6, it is determined that a contribution received by or on behalf of the constituency association must be returned under subsection (1) or paid to the Chief Electoral Officer under subsection (2):

1. The entity or entities to which the assets and liabilities of the dissolved constituency association were transferred in accordance with subsection 44.2 (6) or 44.6 (6) are liable for the payment required by subsection (1) or (2).

2. If the assets and liabilities were transferred to more than one entity under subsection 44.2 (6) or 44.6 (6), the registered party concerned shall apportion the liability for the payment in a way that corresponds to the apportionment under that subsection.

3. The registered party shall file with the Chief Electoral Officer a statement identifying the entity or entities that are liable for the payment and giving details of any apportionment. The statement shall be accompanied by a document, in a form prescribed by the Chief Electoral Officer, indicating the party’s approval. 2017, c. 18, s. 4 (4).

Section Amendments with date in force (d/m/y)

1998, c. 9, s. 79 - 01/01/1999

2007, c. 15, s. 40 (1) - 04/06/2007

2010, c. 7, s. 40 - 18/05/2010

2015, c. 31, Sched. 4, s. 1 - 03/12/2015

2016, c. 22, s. 11 (1, 2) - 01/01/2017

2017, c. 18, s. 4 (4) - 25/10/2017

Maximum contributions

Registered parties

18 (1) The contributions a person makes to any one registered party shall not exceed, in a calendar year, $1,200, multiplied by the indexation factor determined for the calendar year under section 40.1 and rounded to the nearest dollar. 2016, c. 22, s. 12 (1).

Constituency associations, nomination contestants

(1.1) The contributions a person makes to registered constituency associations and registered nomination contestants of any one registered party shall not exceed, in a calendar year, $1,200, multiplied by the indexation factor determined for the calendar year under section 40.1 and rounded to the nearest dollar. 2016, c. 22, s. 12 (1).

Candidates of party

(1.2) The contributions a person makes to registered candidates of any one registered party shall not exceed, in a campaign period, $1,200, multiplied by the indexation factor determined under section 40.1 for the calendar year in which the campaign period commences and rounded to the nearest dollar. 2016, c. 22, s. 12 (1).

Non-party candidates

(1.3) The contributions a person makes to all registered candidates not endorsed by a registered party shall not exceed, in a campaign period, $1,200, multiplied by the indexation factor determined under section 40.1 for the calendar year in which the campaign period commences and rounded to the nearest dollar. 2016, c. 22, s. 12 (1).

Leadership contestants

(1.4) The contributions a person makes to any one registered leadership contestant of a registered party shall not exceed, in a calendar year that falls during a leadership contest period or during which the contestant is required to be registered by virtue of subsection 14 (2.1), $1,200, multiplied by the indexation factor determined for the calendar year under section 40.1 and rounded to the nearest dollar. 2016, c. 22, s. 12 (1).

By-elections

(2) If writs for two or more by-elections bear the same date and provide for the same polling day, all the by-elections shall be deemed to be one election for the purposes of this section.  1998, c. 9, s. 61.

Candidate’s funds considered contribution

(3) Any money used for a political campaign by a registered candidate out of the candidate’s own funds shall be considered to be a contribution for the purposes of this Act and every registered candidate shall submit to the candidate’s chief financial officer a statement in writing setting forth all campaign expenses paid or to be paid out of the candidate’s own funds, together with all receipts and claims therefor, within three months after polling day.  R.S.O. 1990, c. E.7, s. 18 (3).

Contributions at certain meetings

(3.1) A contribution made by a person at a meeting referred to in subsection 23.1 (2.1) shall not be included when calculating the person’s contribution total for the purposes of subsection (1) or (1.1), as applicable. 2017, c. 18, s. 4 (5).

Exception for own campaign, candidate

(4) Despite subsections (1.2) and (1.3), a registered candidate may make contributions, to be used for the candidate’s own campaign, and out of the candidate’s own funds, that do not exceed $5,000 in total during a campaign period. 2016, c. 22, s. 12 (2).

Same, leadership contestant

(5) Despite subsection (1.4), a registered leadership contestant may make contributions, to be used for the contestant’s own leadership campaign, and out of the contestant’s own funds, that do not exceed $25,000 in total during a leadership contest period, combined with any period during which the contestant is required to be registered under subsection 14 (2.1). 2016, c. 22, s. 12 (2).

Other limits not reduced

(6) For greater clarity, subsections (4) and (5) do not reduce the amount that the registered candidate or registered leadership contestant, as the case may be, may contribute under this section to other registered candidates or registered leadership contestants, as the case may be. 2016, c. 22, s. 12 (2).

Section Amendments with date in force (d/m/y)

1998, c. 9, s. 61 - 01/01/1999

2016, c. 22, s. 12 (1, 2) - 01/01/2017

2017, c. 18, s. 4 (5) - 25/10/2017

Contributor to contribute only funds belonging to contributor

19 (1) No person shall contribute to any political party, constituency association, nomination contestant, candidate or leadership contestant registered under this Act,

(a) funds that do not actually belong to the person; or

(b) any funds that have been given or furnished by any person or group of persons or by a corporation or trade union for the purpose of making a contribution. 2016, c. 22, s. 13 (1).

Prohibition to accept contributions contrary to subs. (1)

(2) No political party, constituency association, nomination contestant, candidate or leadership contestant registered under this Act, and no person on its, his or her behalf shall solicit or knowingly accept any contribution contrary to subsection (1).  R.S.O. 1990, c. E.7, s. 19 (2); 2016, c. 22, s. 13 (2).

Certification by donor

(3) Every person who makes a contribution described in section 18 shall, at the time of making the contribution, certify, in a form approved by the Chief Electoral Officer, that the person has not acted contrary to subsection (1) of this section. 2016, c. 22, s. 13 (3).

Section Amendments with date in force (d/m/y)

2016, c. 22, s. 13 (1-3) - 01/01/2017

Funds from federal parties

20 No political party, constituency association, nomination contestant, candidate or leadership contestant registered under this Act shall accept funds from a federal political party registered under the Canada Elections Act except that during a campaign period a registered party may accept from such a federal political party an amount not exceeding, in the aggregate, $100 for each registered candidate endorsed by that registered party and such funds shall be considered not to be contributions for the purposes of this Act but shall be recorded as to source and deposited in the appropriate depository on record with the Chief Electoral Officer.  R.S.O. 1990, c. E.7, s. 20; 1998, c. 9, s. 79; 2007, c. 15, s. 40 (1); 2016, c. 22, s. 14.

Section Amendments with date in force (d/m/y)

1998, c. 9, s. 79 - 01/01/1999

2007, c. 15, s. 40 (1) - 04/06/2007

2016, c. 22, s. 14 - 01/01/2017

Value of goods and services

21 (1) The value of goods and services, other than those that are not contributions by reason of the definition of “contribution” in subsection 1 (1), provided to a political party, constituency association, nomination contestant, candidate or leadership contestant registered under this Act shall be,

(a) where the contributor is in the business of supplying such goods or services, the lowest amount charged by the contributor for an equivalent amount of similar goods and services at or about the time and in the market area in which the goods or services are provided; and

(b) where the contributor is not in the business of supplying such goods or services, the lowest amount charged, at or about the time the goods or services are provided, by any other person or corporation providing similar goods on a commercial retail basis or similar services on a commercial basis in the market area in which the goods or services are provided.  R.S.O. 1990, c. E.7, s. 21 (1); 2016, c. 22, s. 15 (1).

Amounts of $100 or less may be considered not a contribution

(2) The provision of goods or services to a political party, constituency association, nomination contestant, candidate or leadership contestant registered under this Act in any year, having a value, in the aggregate, of $100 or less may, at the option of the person providing the goods or services, be considered not to be a contribution for the purposes of this Act. 2016, c. 22, s. 15 (2).

Where goods or services provided for price less than value determined under subs. (1)

(3) Where goods or services are provided to a political party, constituency association, nomination contestant, candidate or leadership contestant registered under this Act 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 such value shall, subject to subsection (2), be a contribution for the purposes of this Act.  R.S.O. 1990, c. E.7, s. 21 (3); 2016, c. 22, s. 15 (3).

Section Amendments with date in force (d/m/y)

2016, c. 22, s. 15 (1-3) - 01/01/2017

Advertising as contribution

22 (1) Political advertising constitutes a contribution for the purposes of this Act if,

(a) it promotes a registered party, the nomination of a registered nomination contestant, the election of a registered candidate or the leadership of a registered leadership contestant;

(b) it is provided or arranged for by a person, organization or entity in coordination with the party, contestant or candidate, or the registered constituency association of the candidate; and

(c) its value as determined under section 21 is more than $100. 2016, c. 22, s. 16 (1).

Cost

(2) Clause (1) (c) applies to,

(a) a single political advertisement whose value is more than $100; and

(b) two or more political advertisements whose aggregate value is more than $100, if they,

(i) appear during the same calendar year, and

(ii) are provided or arranged for by the same person. 2016, c. 22, s. 16 (1).

Campaign expense

(3) A contribution described in subsection (1) that is made during an election campaign constitutes a campaign expense of the party or candidate promoted. 2016, c. 22, s. 16 (1).

Exception

(4) Subsection (1) does not apply to political advertising that is provided by a broadcasting undertaking without charge in accordance with the Broadcasting Act (Canada).  1998, c. 9, s. 62.

Identification

(5) No person, registered party or registered constituency association shall cause a political advertisement to appear without providing the following information to the broadcaster or publisher, in writing:

1. The name of the person, registered party or registered constituency association who is causing the political advertisement to appear.

2. The name, business address and telephone number of the individual who deals with the broadcaster or publisher on behalf of the person or entity mentioned in paragraph 1.

3. The name of any other person, registered party or registered constituency association who is sponsoring or paying for the political advertisement. 2016, c. 22, s. 16 (2).

Same

(6) No broadcaster or publisher shall allow a political advertisement to appear without ensuring compliance with subsection (5).  1998, c. 9, s. 62.

Records

(7) The broadcaster or publisher of a political advertisement shall maintain records for a period of two years after the date the political advertisement appeared and shall permit the public to inspect the records during normal office hours.  1998, c. 9, s. 62.

Same

(8) A record maintained under subsection (7) shall contain the following:

1. The information provided under subsection (5).

2. A copy of the political advertisement, or the means of reproducing it for inspection.

3. A statement of the charge made for its appearance.  1998, c. 9, s. 62.

Information to be included in political advertisement

(9) A political advertisement in any medium shall name,

(a) the person, registered party, registered constituency association or other organization or entity who is causing it to appear; and

(b) any other person, registered party, registered constituency association or other organization or entity who is sponsoring or paying for it. 2016, c. 22, s. 16 (3).

Section Amendments with date in force (d/m/y)

1998, c. 9, s. 62 - 01/01/1999

2016, c. 22, s. 16 (1-3) - 01/01/2017

Coordination rules

22.1 (1) Coordination, as referred to in clause 22 (1) (b), is deemed to have occurred if a registered political party, registered candidate, registered constituency association, registered nomination contestant or registered leadership contestant, or any of their agents, employees or independent contractors,

(a) requested or suggested that the advertisement be created, produced or distributed, or assented to its creation, production or distribution;

(b) was materially involved in decisions regarding the content, audience, dissemination, or distribution of the advertisement;

(c) engaged in substantial discussions regarding the advertisement with the person, organization or entity responsible for the advertisement or its agents, employees or independent contractors that were material to the creation, production, or distribution of the advertisement; or

(d) conveyed information about the plans or needs of a registered political party, registered candidate, registered nomination contestant or registered leadership contestant for the purpose of contributing materially to the creation, production or distribution of the advertisement. 2016, c. 22, s. 17.

No formal agreement necessary

(2) For greater certainty, coordination can occur even in the absence of a formal agreement. 2016, c. 22, s. 17.

Activities not constituting coordination

(3) The following activities do not, on their own, constitute coordination:

1. Endorsement of a registered political party, registered candidate, registered nomination contestant or registered leadership contestant, or the communication directly, in any form, of such an endorsement by a person, group, corporation or trade union to their members, employees or shareholders, as the case may be.

2. Inquiries as to the position of a registered political party, registered candidate, registered constituency association, registered nomination contestant or registered leadership contestant on legislation or a policy matter.

3. The exchange of, or reliance upon, publicly available information.

4. Mutual attendance at a public event or an invitation to attend a public event.

5. The use of a common vendor.

6. The conveyance of information that is not material to the creation, production or distribution of the advertisement. 2016, c. 22, s. 17.

Section Amendments with date in force (d/m/y)

2016, c. 22, s. 17 - 01/01/2017

Fund-raising events

23 (1) In this section,

“fund-raising event” means an event held for the purpose of raising funds for the party, constituency association, nomination contestant, candidate or leadership contestant registered under this Act by whom or on whose behalf the event is held, and where a charge by the sale of tickets or otherwise is made for attendance. 2016, c. 22, s. 18.

Income to be reported

(2) The gross income from any fund-raising event shall be recorded and reported to the Chief Electoral Officer by the chief financial officer of the party, constituency association, nomination contestant, candidate or leadership contestant registered under this Act that held the event or on whose behalf the event was held. 2016, c. 22, s. 18.

Where amounts to be considered contribution

(3) Any amount paid for goods or services, other than advertising services, offered for sale at a fund-raising event in excess of the highest amount charged, at or about the time the goods or services are provided, by any other person providing similar goods on a commercial retail basis or similar services on a commercial basis in the market area in which the goods or services are provided, shall be considered to be a contribution for the purposes of this Act. 2016, c. 22, s. 18.

Same, advertising

(4) Any amount paid for advertising services offered for sale in connection with a fund-raising event shall be considered to be a contribution for the purposes of this Act. 2016, c. 22, s. 18.

Information re fund-raising events

(5) Every registered party to which section 25.1 applies shall post on its website the following information respecting every fund-raising event to be held by or on behalf of the party, its constituency associations and candidates:

1. The date of the fund-raising event.

2. The location of the fund-raising event.

3. The amount of the charge for attending the fund-raising event.

4. The identity of the recipient or recipients of the funds to be raised at the fund-raising event. 2016, c. 22, s. 18.

Timing

(6) The registered party shall post the information described in subsection (5),

(a) at least seven days before the date of the fund-raising event; or

(b) in the case of a fund-raising event that is to take place during the period commencing with the issue of a writ for an election and terminating on election day, at least three days before the date of a fund-raising event. 2016, c. 22, s. 18.

Limit on contributions

(7) The total contribution made with respect to a single fund-raising event by a contributor may not exceed $1,200, multiplied by the indexation factor determined under section 40.1 for the calendar year in which the fund-raising event is held and rounded to the nearest dollar. 2016, c. 22, s. 18.

Section Amendments with date in force (d/m/y)

1998, c. 9, s. 63 (1-5) - 01/01/1999

2007, c. 15, s. 40 (1) - 04/06/2007

2016, c. 22, s. 18 - 01/01/2017

Attendance at fund-raising events prohibited

23.1 (1) None of the following may attend a fund-raising event:

1. A member of the Assembly.

2. The leader of a registered party.

3. A nomination contestant, candidate or leadership contestant registered under this Act.

3.1 A person who was nominated or appointed as an official party candidate for an electoral district on or after March 1, 2016 but who is not a registered candidate, in respect of a fund-raising event held on or after the day the Representation Statute Law Amendment Act, 2017 received Royal Assent.

4. Any person employed in the Office of the Premier.

5. The Chief of Staff of a Minister of the Crown, or a person holding an equivalent position for a Minister of the Crown, regardless of title.

6. Any person employed as a member of the staff of the leader of a recognized party within the meaning of subsection 62 (5) of the Legislative Assembly Act. 2016, c. 22, s. 18; 2017, c. 18, s. 4 (6).

Saving

(2) For greater certainty, nothing in subsection (1) prevents a person mentioned in that subsection from,

(a) attending an event held by or on behalf of a party, constituency association, nomination contestant, candidate or leadership contestant registered under this Act where,

(i) the event is advertised in advance,

(ii) a charge by the sale of tickets or otherwise is made exclusively to recover the costs of holding the event and that fact is stated in all advertisements for the event, and

(iii) any money raised in excess of the amount required for cost recovery is promptly paid to the Chief Electoral Officer; or

(b) soliciting contributions by mail, telephone, electronic communication or other means. 2016, c. 22, s. 18; 2017, c. 18, s. 4 (7).

Saving, attending general meetings, etc.

(2.1) Nothing in subsection (1) prevents a person mentioned in that subsection from attending an annual general meeting, policy conference or similar meeting for members held by a registered political party or registered constituency association where a charge for attendance includes a contribution portion, if the requirements of subclauses (2) (a) (i) to (iii), with necessary modifications, are met with respect to the meeting. 2017, c. 18, s. 4 (8).

Definitions

(3) In this section,

“fund-raising event” has the same meaning as in section 23. 2016, c. 22, s. 18.

Section Amendments with date in force (d/m/y)

2016, c. 22, s. 18 - 01/01/2017

2017, c. 18, s. 4 (6-8) - 25/10/2017

Collection of money at meetings

24 Where at a meeting held on behalf of or in relation to the affairs of a nomination contestant, candidate, political party or constituency association registered under this Act money is given in response to a general collection of money solicited from the persons in attendance at the meeting, no amount shall be given anonymously by any person in excess of $10 and the amounts so given shall be considered not to be contributions for the purposes of this Act but the gross amount collected shall be recorded and reported to the Chief Electoral Officer by the chief financial officer of the nomination contestant, candidate, political party or association, as the case may be.  R.S.O. 1990, c. E.7, s. 24; 1998, c. 9, s. 79; 2007, c. 15, s. 40 (1); 2016, c. 22, s. 19.

Section Amendments with date in force (d/m/y)

1998, c. 9, s. 79 - 01/01/1999

2007, c. 15, s. 40 (1) - 04/06/2007

2016, c. 22, s. 19 - 01/01/2017

Receipts

25 (1) Every political party, constituency association, nomination contestant, candidate or leadership contestant registered under this Act shall issue or cause to be issued receipts as required by the Chief Electoral Officer for every contribution accepted.  R.S.O. 1990, c. E.7, s. 25; 1998, c. 9, s. 79; 2007, c. 15, s. 40 (1); 2016, c. 22, s. 20 (1).

Return of forms

(2) A registered party or constituency association to which and a registered nomination contestant, candidate or leadership contestant to whom the Chief Electoral Officer has issued official receipt forms shall return them, whether used or unused, to the Chief Electoral Officer immediately on receiving a written request to do so.  1998, c. 9, s. 64; 2007, c. 15, s. 40 (1); 2016, c. 22, s. 20 (2).

Section Amendments with date in force (d/m/y)

1998, c. 9, s. 64 - 01/01/1999; 1998, c. 9, s. 79 - 01/01/1999

2007, c. 15, s. 40 (1) - 04/06/2007

2016, c. 22, s. 20 (1, 2) - 01/01/2017

Electronic database for recording contributions and issuing receipts

25.1 (1) Each registered party shall maintain an electronic database that,

(a) allows the chief financial officers of the party and of its registered constituency associations, registered candidates and registered leadership contestants to record all contributions received; and

(b) allows the chief financial officer of the party to issue receipts generated from the electronic database.  2010, c. 7, s. 41; 2016, c. 22, s. 21 (1).

Recording of contributions

(2) The chief financial officer of a registered party is responsible for ensuring that all contributions received by the party are recorded in the party’s electronic database.  2010, c. 7, s. 41.

Same

(3) The chief financial officer of a registered constituency association is responsible for ensuring that all contributions received by the association are recorded in the party’s electronic database.  2010, c. 7, s. 41.

Same

(4) The chief financial officer of a registered candidate who is not an independent candidate is responsible for ensuring that all contributions received by the candidate are recorded in the party’s electronic database.  2010, c. 7, s. 41.

Same

(4.1) The chief financial officer of a registered leadership contestant is responsible for ensuring that all contributions received by the contestant are recorded in the party’s electronic database. 2016, c. 22, s. 21 (2).

Issuing of receipts

(5) The chief financial officer of a registered party is responsible for ensuring that receipts generated from the electronic database, whether in paper form or electronic form, are issued for all contributions received by the party and by its registered constituency associations and registered candidates.  2010, c. 7, s. 41.

Same

(6) The chief financial officers of registered constituency associations, registered candidates and registered leadership contestants shall not issue receipts for contributions, and subsection 25 (1) and clause 33 (4) (c) do not apply to them. 2016, c. 22, s. 21 (3).

Cancellation of receipts

(7) The chief financial officer of a registered party shall, immediately on receiving the Chief Electoral Officer’s request to do so, cease issuing receipts for contributions.  2010, c. 7, s. 41.

(8) Repealed: 2016, c. 22, s. 21 (4).

Section Amendments with date in force (d/m/y)

2010, c. 7, s. 41 - 18/05/2010

2016, c. 22, s. 21 (1-4) - 01/01/2017

Role of Chief Electoral Officer

Guidelines

25.2 (1) The Chief Electoral Officer shall provide such guidelines as he or she considers necessary for electronic databases that are maintained for the purposes of section 25.1.  2010, c. 7, s. 41.

Same

(2) Without limiting the generality of subsection (1), the guidelines shall deal with ensuring that,

(a) the information in the electronic database is accurate;

(b) the chief financial officer of the registered party has the ability to verify the information in the electronic database; and

(c) the information in the electronic database is capable of being audited.  2010, c. 7, s. 41.

Publication

(3) The Chief Electoral Officer shall publish the guidelines in The Ontario Gazette and on a website on the Internet.  2010, c. 7, s. 41.

Timing

(4) The Chief Electoral Officer shall publish the first guidelines under subsection (3) on or before January 1, 2011.  2010, c. 7, s. 41.

Assessment

(5) The Chief Electoral Officer shall assess each electronic database that is maintained for the purposes of section 25.1 and, if satisfied that the electronic database complies with the guidelines and with this Act, shall approve it.  2010, c. 7, s. 41.

Approval

(6) The chief financial officer of a registered party shall ensure that,

(a) the party’s electronic database receives the Chief Electoral Officer’s approval before being launched; and

(b) any material changes to the party’s electronic database receive the Chief Electoral Officer’s approval before being launched.  2010, c. 7, s. 41.

Compliance

(7) The Chief Electoral Officer shall advise and work with the chief financial officers of registered parties to promote compliance with section 25.1 and with subsection (6) of this section.  2010, c. 7, s. 41.

Section Amendments with date in force (d/m/y)

2010, c. 7, s. 41 - 18/05/2010

Opting in before June 1, 2012

25.3 If a political party is registered under this Act on June 1, 2011 or becomes registered under this Act on or before May 31, 2012, the chief financial officer of the party may opt for early compliance at any time during the period that begins on June 1, 2011 and ends on May 31, 2012, in accordance with the following rules:

1. The chief financial officer may give the Chief Electoral Officer written notice of one of the following:

i. the party, its registered constituency associations and its registered candidates will comply with section 25.1,

ii. the party and its registered constituency associations, but not its registered candidates, will comply with section 25.1,

iii. the party and its registered candidates, but not its registered constituency associations, will comply with section 25.1, or

iv. the party, but not its registered candidates and registered constituency associations, will comply with section 25.1.

2. If the chief financial officer gives a notice described in paragraph 1, 

i. the chief financial officer shall ensure that the party’s electronic database receives the Chief Electoral Officer’s approval before being launched, and

ii. on and after the effective date set out in the notice, the chief financial officer shall ensure that any material changes to the party’s electronic database receive the Chief Electoral Officer’s approval before being launched.

3. If the chief financial officer gives the notice described in subparagraph 1 i,

i. paragraphs 1, 2, 3, 4, 6, 7 and 8 of subsection 25.1 (8) apply on and after the effective date set out in the notice, and

ii. the chief financial officer must comply with subsection 25.1 (5) in relation to contributions received on or after the effective date.

4. If the chief financial officer gives the notice described in subparagraph 1 ii,

i. paragraph 1 of subsection 25.1 (8) applies on and after the effective date set out in the notice, except that the party’s electronic database need not allow the chief financial officers of registered candidates to record contributions,

ii. paragraphs 2, 3, 6 and 8 of subsection 25.1 (8) apply on and after the effective date set out in the notice, and

iii. the chief financial officer must comply with subsection 25.1 (5) in relation to contributions received by the party and by its registered constituency associations on or after the effective date.

5. If the chief financial officer gives the notice described in subparagraph 1 iii,

i. paragraph 1 of subsection 25.1 (8) applies on and after the effective date set out in the notice, except that the party’s electronic database need not allow the chief financial officers of registered constituency associations to record contributions,

ii. paragraphs 2, 4, 7 and 8 of subsection 25.1 (8) apply on and after the effective date set out in the notice, and

iii. the chief financial officer must comply with subsection 25.1 (5) in relation to contributions received by the party and by its registered candidates on or after the effective date.

6. If the chief financial officer gives the notice described in subparagraph 1 iv,

i. paragraph 1 of subsection 25.1 (8) applies on and after the effective date set out in the notice, except that the party’s electronic database need not allow the chief financial officers of registered constituency associations and registered candidates to record contributions,

ii. paragraphs 2 and 8 of subsection 25.1 (8) apply on and after the effective date set out in the notice, and

iii. the chief financial officer must comply with subsection 25.1 (5) in relation to contributions received by the party on or after the effective date.  2010, c. 7, s. 41.

Section Amendments with date in force (d/m/y)

2010, c. 7, s. 41 - 18/05/2010

Exemption, 50 per cent threshold

25.4 (1) Subsections (2) and (3) apply to a registered political party that has not, in the 2007 general election or in any subsequent general election, had official candidates in 50 per cent or more of Ontario’s electoral districts.  2010, c. 7, s. 41.

Same

(2) Section 25.1 does not apply in respect of the party unless the party’s chief financial officer opts for compliance under section 25.3 or under subsection (3) of this section.  2010, c. 7, s. 41.

Opting in on and after June 1, 2012

(3) The chief financial officer of the party may, at any time from June 1, 2012 onwards, opt for compliance by giving the Chief Electoral Officer written notice that the party will comply with section 25.1.  2010, c. 7, s. 41.

Section Amendments with date in force (d/m/y)

2010, c. 7, s. 41 - 18/05/2010

Loss of exemption

25.5 On and after the first anniversary of polling day in any general election in which a registered political party has official candidates in 50 per cent or more of Ontario’s electoral districts for the first time,

(a) section 25.4 no longer applies to the party; and

(b) section 25.1 applies to the party.  2010, c. 7, s. 41.

Section Amendments with date in force (d/m/y)

2010, c. 7, s. 41 - 18/05/2010

Group contributions

26 (1) No contribution to a political party, constituency association, nomination contestant, candidate or leadership contestant registered under this Act shall be made through any trade union, unincorporated association or organization, except an affiliated political organization in accordance with subsection (3). 2016, c. 22, s. 22.

(1.1) Repealed: 2016, c. 22, s. 22.

Same

(2) No political party, constituency association, nomination contestant, candidate or leadership contestant registered under this Act shall accept a contribution made in contravention of subsection (1). 2016, c. 22, s. 22.

Contribution by affiliated political organization

(3) An affiliated political organization may make a contribution to,

(a) the political party with which it is affiliated;

(b) a constituency association with which it is affiliated; and

(c) a candidate endorsed as an official candidate by an entity referred to in clause (a) or (b).  1998, c. 9, s. 65 (2).

Restriction, contributions to affiliated political organizations

(3.1) No affiliated political organization shall accept a contribution from any person or entity other than,

(a) a political party; or

(b) a constituency association.  1998, c. 9, s. 65 (2).

Same

(3.2) No person or entity other than a political party or a constituency association shall make a contribution to an affiliated political organization.  1998, c. 9, s. 65 (2).

Definition

(4) For the purposes of this section,

“affiliated political organization” means any political organization that is affiliated with and endorsed by a political party or one or more constituency associations registered under this Act.  R.S.O. 1990, c. E.7, s. 26 (4).

Section Amendments with date in force (d/m/y)

1998, c. 9, s. 65 (1, 2) - 01/01/1999

2016, c. 22, s. 22 - 01/01/2017

Transfer of funds, etc., among parties, constituency associations and candidates

27 A registered party and any of its constituency associations or official candidates registered under this Act may transfer or accept funds, goods and services to or from each other and all such funds, goods, other than goods held in inventory for any candidate for use during a campaign period, and services accepted by such political party, constituency association or candidate shall be considered not to be contributions or campaign expenses for the purposes of this Act but shall be recorded as to source and any funds accepted shall be deposited in the appropriate depository on record with the Chief Electoral Officer.  R.S.O. 1990, c. E.7, s. 27; 1998, c. 9, s. 79; 2007, c. 15, s. 40 (1).

Section Amendments with date in force (d/m/y)

1998, c. 9, s. 79 - 01/01/1999

2007, c. 15, s. 40 (1) - 04/06/2007

Parties, etc., not to receive contributions in excess of limitations

28 No political party, constituency association, nomination contestant, leadership contestant or candidate registered under this Act and no person on their behalf shall knowingly accept any contributions in excess of the limits imposed by this Act. 2016, c. 22, s. 23.

Section Amendments with date in force (d/m/y)

2016, c. 22, s. 23 - 01/01/2017

Prohibited contributions and transfers

Prohibition on acceptance, transfer, etc.

29 (1) No political party, constituency association, nomination contestant, candidate or leadership contestant registered under this Act shall directly or indirectly knowingly accept contributions from any corporation or trade union. 2016, c. 22, s. 24.

No contribution from outside Ontario

(1.1) No political party, constituency association, nomination contestant, candidate or leadership contestant registered under this Act shall directly or indirectly knowingly accept contributions from any person normally resident outside Ontario. 2016, c. 22, s. 24.

No transfer to unregistered entities

(1.2) No political party, constituency association, nomination contestant, candidate or leadership contestant registered under this Act shall directly or indirectly contribute or transfer funds to any political party, constituency association, nomination contestant, candidate or leadership contestant not registered under this Act, including a federal political party registered under the Canada Elections Act, any federal constituency association or candidate at a federal election endorsed by such federal political party, any federal nomination contestant or leadership contestant and any candidate at a municipal election under the Municipal Elections Act, 1996, except that during an election period as defined in the Canada Elections Act a registered party may transfer to a federal political party registered under the Canada Elections Act an amount not exceeding, in the aggregate, $100 for each candidate at a federal election in a federal electoral district in Ontario who is endorsed as a candidate by that federal political party. 2016, c. 22, s. 24.

No transfer of funds from constituency association to leadership contestant

(2) No constituency association registered under this Act shall directly or indirectly contribute or transfer funds to any leadership contestant registered under this Act.  R.S.O. 1990, c. E.7, s. 29 (2).

Section Amendments with date in force (d/m/y)

2016, c. 22, s. 24 - 01/01/2017

Annual membership fees

30 An annual membership fee paid for membership in a political party or in a constituency association of such party or in both may be considered not to be a contribution for the purposes of this Act provided such fee or, where a fee is paid to the party and to a constituency association of that party, the total of such fees does not exceed $25 and the political party and constituency association maintain a membership list indicating the amount of such fee or fees paid by each member that is allocated to the political party or constituency association, as the case may be.  R.S.O. 1990, c. E.7, s. 30.

31 Repealed: 2016, c. 22, s. 25.

Section Amendments with date in force (d/m/y)

2016, c. 22, s. 25 - 01/01/2017

Who may accept contributions for candidate or leadership contestant

32 No contribution shall be accepted by a registered nomination contestant, registered candidate or registered leadership contestant otherwise than through his or her chief financial officer or other person on record with the Chief Electoral Officer as authorized to accept contributions.  R.S.O. 1990, c. E.7, s. 32; 1998, c. 9, s. 79; 2007, c. 15, s. 40 (1); 2016, c. 22, s. 26, 58.

Section Amendments with date in force (d/m/y)

1998, c. 9, s. 79 - 01/01/1999

2007, c. 15, s. 40 (1) - 04/06/2007

2016, c. 22, s. 26 - 01/01/2017

Quarterly Allowance

Quarterly allowance

32.1 (1) The Chief Electoral Officer shall determine, for each quarter of a calendar year, an allowance payable to a registered party whose candidates at the most recent general election before that quarter received at least,

(a) two per cent of the number of valid votes cast; or

(b) five per cent of the number of valid votes cast in the electoral districts in which the registered party endorsed a candidate. 2016, c. 22, s. 27.

How allowance calculated

(2) Each registered party’s allowance for a quarter is the amount calculated by the following rules:

1. In the 2017 calendar year, $0.678 multiplied by the number of valid votes cast for the party’s candidates in the election referred to in subsection (1).

2. In the 2018 calendar year, $0.636 multiplied by the number of valid votes cast for the party’s candidates in the election referred to in subsection (1).

3. In the 2019 calendar year, $0.594 multiplied by the number of valid votes cast for the party’s candidates in the election referred to in subsection (1).

4. In the 2020 calendar year, $0.552 multiplied by the number of valid votes cast for the party’s candidates in the election referred to in subsection (1).

5. In each subsequent calendar year, $0.510 multiplied by the indexation factor determined for the calendar year under section 40.1 and further multiplied by the number of valid votes cast for the party’s candidates in the election referred to in subsection (1). 2016, c. 22, s. 27.

Merged parties

(3) 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 if they had not merged. 2016, c. 22, s. 27.

Constituency association allowance

(4) The Chief Electoral Officer shall determine, for each quarter of a calendar year commencing with the 2017 calendar year, an allowance payable to each registered constituency association. 2016, c. 22, s. 27.

How allowance calculated

(5) Each registered constituency association’s allowance for a quarter is the amount calculated by the following rules:

1. For each electoral district, take $6,250, multiplied by the indexation factor determined for the calendar year under section 40.1.

2. Subject to paragraphs 3 and 4, divide the amount determined under paragraph 1 among the registered constituency associations of the electoral district, based on the percentage of the total number of valid votes the registered candidates associated with the registered parties of the constituency associations received in the electoral district at the most recent election.

3.   No amount is payable to a registered constituency association where the registered candidate associated with the registered party of the constituency association received fewer than two per cent of the valid votes cast at the most recent election.

4. If, since the most recent election, a redistribution of electoral districts has necessitated changes regarding registered constituency associations in order to align registered constituency associations with the redistributed electoral districts, the amount shall be divided among the registered constituency associations of the redistributed electoral district in a manner determined by the Chief Electoral Officer. 2016, c. 22, s. 27.

Condition of payment

(6) An allowance is only payable to a registered constituency association for a quarter if all documents that it was required to file with the Chief Electoral Officer in the four year period immediately before the quarter have been filed and are complete. 2016, c. 22, s. 27.

Review

(7) On or before December 31, 2021, the Lieutenant Governor in Council shall conduct a review of this section. 2016, c. 22, s. 27.

Textes modificatifs – date d’entrée en vigueur (j/m/a)

2016, c. 22, s. 27 - 01/01/2017

Chief financial officers

Chief financial officer, of party or association

33 (1) Every political party and constituency association that is applying for registration under this Act, before filing its application with the Chief Electoral Officer, shall appoint a chief financial officer.  R.S.O. 1990, c. E.7, s. 33 (1); 1998, c. 9, s. 79; 2007, c. 15, s. 40 (1).

of candidate or leadership contestant

(2) Every nomination contestant, every candidate and every leadership contestant who is applying for registration under this Act, before filing his or her application with the Chief Electoral Officer, shall appoint a chief financial officer.  R.S.O. 1990, c. E.7, s. 33 (2); 1998, c. 9, s. 79; 2007, c. 15, s. 40 (1); 2016, c. 22, s. 28 (1).

Appointment of new chief financial officer

(3) Where the chief financial officer of a political party, constituency association, nomination contestant, candidate or leadership contestant, ceases for any reason to hold office as such, the political party, constituency association, candidate or leadership contestant, as the case may be, shall forthwith appoint another chief financial officer and shall immediately give notice in writing to the Chief Electoral Officer of the name of the new chief financial officer.  R.S.O. 1990, c. E.7, s. 33 (3); 1998, c. 9, s. 79; 2007, c. 15, s. 40 (1); 2016, c. 22, s. 28 (2).

Responsibilities

(4) The chief financial officer of a political party, constituency association, nomination contestant, candidate and leadership contestant registered under this Act in relation to the affairs of the party, constituency association, candidate or leadership contestant who appointed him or her shall be responsible for ensuring that,

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

(b) contributions are placed in the appropriate depository;

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

(d) the financial statements as required by sections 41 and 42 together with the auditor’s report thereon are filed with the Chief Electoral Officer in accordance with this Act; and

(e) contributions consisting of goods or services are valued and recorded in accordance with this Act.  R.S.O. 1990, c. E.7, s. 33 (4); 1998, c. 9, ss. 66, 79; 2007, c. 15, s. 40 (1); 2016, c. 22, s. 28 (3).

Section Amendments with date in force (d/m/y)

1998, c. 9, s. 66 - 01/01/1999; 1998, c. 9, s. 79 - 01/01/1999

2007, c. 15, s. 40 (1) - 04/06/2007

2016, c. 22, s. 28 (1-3) - 01/01/2017

Recording of contributions

Application, amounts over $100

34 (1) Subsection (2) applies in respect of a single contribution in excess of $100 and contributions from a single source that in the aggregate exceed $100.  1998, c. 9, s. 67.

Recording of contributions

(2) A contribution shall be recorded if it is accepted,

(a) on behalf of a registered political party, registered constituency association or registered nomination contestant, in any year;

(b) on behalf of a registered candidate, in a campaign period; or

(c) on behalf of a registered leadership contestant, in the leadership contest period or in any period during which the contestant is required to be registered by virtue of subsection 14 (2.1). 2016, c. 22, s. 29.

(3) Repealed: 2016, c. 22, s. 29.

Section Amendments with date in force (d/m/y)

1998, c. 9, s. 67 - 01/01/1999

2016, c. 22, s. 29 - 01/01/2017

Disclosure of contributions

Application, amounts over $100

34.1 (1) Subsection (2) applies in respect of a single contribution in excess of $100 and contributions from a single source that in the aggregate exceed $100.  2005, c. 35, s. 2 (4).

Disclosure

(2) A contribution shall be disclosed in accordance with subsection (3) if it is accepted,

(a) on behalf of a registered political party, in any year; or

(b) on behalf of a registered leadership contestant, in the leadership contest period.  2005, c. 35, s. 2 (4); 2016, c. 22, s. 30 (1), 58.

Report to Chief Electoral Officer

(3) Within 10 days after the contribution is deposited in accordance with subsection 16 (3), the chief financial officer of the political party or leadership contestant shall file with the Chief Electoral Officer a report about the contribution.  2005, c. 35, s. 2 (4); 2007, c. 15, s. 40 (1).

Publication on website

(4) Within two days after the report is filed, the Chief Electoral Officer shall ensure that the report or the information it contains is published on a website on the Internet in accordance with clause 2 (1) (j.2).  2005, c. 35, s. 2 (4); 2007, c. 15, s. 40 (1); 2016, c. 22, s. 30 (2).

Counting days

(5) For the purposes of subsections (3) and (4), Saturdays, Sundays and days that are public holidays as defined in the Employment Standards Act, 2000 shall not be counted.  2005, c. 35, s. 2 (4).

(6) Repealed: 2016, c. 22, s. 30 (3).

Contributions deposited on and after January 1, 2004 included

(7) This section applies to contributions that are deposited in accordance with subsection 16 (3) on or after January 1, 2004.  2005, c. 35, s. 2 (4).

Transition

(8) In the case of a contribution that is deposited in accordance with subsection 16 (3) before the effective date,

(a) subsections (3) and (4) do not apply;

(b) within 60 days after the effective date, the chief financial officer of the political party or leadership contestant shall file a report about the contribution with the Chief Electoral Officer, unless the contribution has already been included in a financial statement filed under section 41 or 42; and

(c) within 30 days after the report is filed under clause (b), the Chief Electoral Officer shall ensure that the report or the information it contains is published on a website on the Internet in accordance with clause 2 (1) (j.2).  2005, c. 35, s. 2 (4); 2007, c. 15, s. 40 (1).

Definition

(9) In this section,

“effective date” means the day on which subsection 2 (4) of the Election Statute Law Amendment Act, 2005 comes into force.  2005, c. 35, s. 2 (4).

Section Amendments with date in force (d/m/y)

2005, c. 35, s. 2 (4) - 15/12/2005

2007, c. 15, s. 40 (1) - 04/06/2007

2016, c. 22, s. 30 (1-3), 58 - 01/01/2017

Loans and Guarantees

Borrowing

35 (1) A political party, constituency association, nomination contestant, candidate or leadership contestant registered under this Act may, if subsection (2) is complied with, borrow money from,

(a) a financial institution; or

(b) a registered party or constituency association. 2016, c. 22, s. 31 (1).

Report to Chief Electoral Officer

(2) The borrower shall keep a record of the loan and its terms, including the name of any guarantor, and report the recorded information to the Chief Electoral Officer.  1998, c. 9, s. 68; 2007, c. 15, s. 40 (1).

Prohibition, receiving loan

(3) No party, constituency association, nomination contestant, candidate or leadership contestant registered under this Act shall receive any support in the form of a loan, except as provided in subsection (1). 2016, c. 22, s. 31 (2).

Prohibition, receiving support in form of guarantee, etc.

(4) No party, constituency association, nomination contestant, candidate or leadership contestant registered under this Act shall receive any support in the form of a guarantee or collateral security, except from,

(a) a financial institution or entity that would be entitled to make a loan to the party, constituency association, nomination contestant, candidate or leadership contestant under subsection (1); or

(b) a person who would be entitled to make a contribution under this Act. 2016, c. 22, s. 31 (2).

Prohibition, making loan

(5) No person or entity, other than one listed in clause (1) (a) or (b), shall make a loan to a party, constituency association, nomination contestant, candidate or leadership contestant registered under this Act. 2016, c. 22, s. 31 (2).

Financial institutions and market rate

(6) No financial institution that may make a loan under this section may make the loan at a rate of interest below the applicable market rate charged by the financial institution for an equivalent amount at or about the time and in the market area where the loan is provided. 2016, c. 22, s. 31 (2).

Prohibition, giving guarantee, etc.

(6.1) No person or entity, other than a person who would be entitled to make a contribution under this Act, shall guarantee or provide collateral security for a loan to a party, constituency association, nomination contestant, candidate or leadership contestant registered under this Act. 2016, c. 22, s. 31 (2).

Loan as contribution

(7) A loan referred to in subsection (1) is not a contribution for the purposes of this Act, except as follows:

1. If the lender waives the right to recover the loan, the amount to which the waiver applies is a contribution and is subject to the applicable limits in section 18.

2. If the loan is made at a rate of interest below the applicable market rate, the interest foregone by the lender is a contribution and is subject to the applicable limits in section 18.  1998, c. 9, s. 68.

Guarantee as contribution

(8) The amount of a guarantee made by a guarantor who is entitled to make a contribution is a contribution for the purposes of this Act. 2016, c. 22, s. 31 (3).

Time limits, loan

(9) Every nomination contestant, leadership contestant, candidate, party or constituency association who receives a loan to which this section applies shall repay the loan in full no more than two years from,

(a) in the case of a nomination contestant, the date that a candidate is selected for the electoral district for the nomination contestant’s party;

(b) in the case of a leadership contestant, the date that a leader is selected for the contestant’s party;

(c) in the case of a candidate, polling day; or

(d) in the case of a party or constituency association, the day that the loan is due according to its terms. 2016, c. 22, s. 31 (3).

Time limits, guarantee

(10) No person who makes a guarantee of a loan to which this section applies shall guarantee the loan for a period longer than the applicable period under subsection (9). 2016, c. 22, s. 31 (3).

Section Amendments with date in force (d/m/y)

1998, c. 9, s. 68 - 01/01/1999

2007, c. 7, Sched. 7, s. 186 (6) - 01/10/2009; 2007, c. 15, s. 40 (1) - 04/06/2007

2016, c. 22, s. 31 (1-3) - 01/01/2017

Pre-1986 loans

36 (1) A party or constituency association may waive the repayment of any amounts owing under a loan made before January 1, 1986.  1998, c. 9, s. 68.

No contribution or expense

(2) An amount whose repayment is waived under subsection (1) does not constitute a contribution or campaign expense for the purposes of this Act.  1998, c. 9, s. 68.

Two-year limitation

(3) Subsection (2) applies only to waivers given on or before the second anniversary of the day the Election Statute Law Amendment Act, 1998 comes into force.  1998, c. 9, s. 68.

Section Amendments with date in force (d/m/y)

1998, c. 9, s. 68 - 01/01/1999

Release of Election Surveys on Polling Day

Prohibition

36.1 (1) No person, organization or entity, including, for greater certainty, a political party, constituency association, corporation, trade union or third party shall publish, broadcast or transmit to the public, in an electoral district on polling day before the close of all the polling stations in that electoral district, the results of an election survey that have not previously been made available to the public. 2016, c. 22, s. 32.

(2) Repealed: 2016, c. 22, s. 32.

Definition

(3) In this section,

“election survey” means an opinion survey of how electors voted or will vote at an election or respecting an issue with which a political party or candidate is associated.  2010, c. 7, s. 42.

Section Amendments with date in force (d/m/y)

2010, c. 7, s. 42 - 18/05/2010

2016, c. 22, s. 32 - 01/01/2017

Campaign Advertising

Blackout period

37 (1) In this section,

“blackout period” means, in any election, polling day and the day before polling day. 2007, c. 15, s. 31 (1); 2016, c. 33, s. 35 (5).

No political advertising during blackout period

(2) No party, constituency association, third party or candidate registered under this Act, and no person, corporation or trade union, whether acting with or without the party’s, association’s, third party’s or candidate’s consent, shall arrange for or consent to political advertising that appears during a blackout period.  1998, c. 9, s. 69; 2007, c. 15, s. 31 (2).

Same

(3) No broadcaster or publisher shall allow a political advertisement to appear during a blackout period.  1998, c. 9, s. 69.

Exceptions

(4) Subsections (2) and (3) do not prohibit the following:

1. Genuine news reporting.

2. The publication of political advertising, on polling day or the day before polling day, in a newspaper that is published once a week or less often and whose regular day of publication falls on that day.

3. A political advertisement on the Internet or in a similar electronic medium, if posted before and not altered during a blackout period.

4. A political advertisement in the form of a poster or billboard, if posted before and not altered during a blackout period.  1998, c. 9, s. 69.

Exceptions subject to guidelines

(5) Subsections (2) and (3) do not prohibit the following if done in compliance with the Chief Electoral Officer’s guidelines:

1. Advertising public meetings in constituencies.

2. Announcing the location of candidates’ and constituency associations’ headquarters.

3. Advertising for volunteer campaign workers.

4. Announcing services for electors, respecting enumeration and the revision of electors’ lists, that are offered by candidates or constituency associations.

5. Announcing services for electors that are offered by candidates or constituency associations on polling day.

6. Anything respecting administrative functions of constituency associations.  1998, c. 9, s. 69; 2007, c. 15, s. 40 (1).

Rates to be charged during election campaign

(6) During an election campaign, no person or corporation shall charge a party, constituency association, third party or candidate registered under this Act, or any person, corporation or trade union acting with the party’s, association’s, third party’s or candidate’s consent, a rate for making campaign advertising available in any broadcast, print, electronic or other medium that exceeds the lowest rate the person or corporation charges anyone else for the same amount of equivalent advertising space or time during that period.  1998, c. 9, s. 69; 2007, c. 15, s. 31 (3).

Non-application of section

(7) This section does not apply to an official Internet website of a registered party, registered constituency association or registered candidate or their authorized lawn signs, pamphlets, mass or individual mailings, automated or individual telephone calls or social media communications. 2016, c. 33, s. 35 (6).

Section Amendments with date in force (d/m/y)

1998, c. 9, s. 69 - 01/01/1999

2007, c. 15, s. 31 (1-3) - 04/06/2007; 2007, c. 15, s. 40 (1) - 04/06/2007

2010, c. 7, s. 43 - 18/05/2010

2016, c. 33, s. 35 (5, 6) - 01/07/2017

Considerations re political advertising

37.0.1 In determining whether an advertisement is a political advertisement, the Chief Electoral Officer shall consider, in addition to any other relevant factors,

(a) whether it is reasonable to conclude that the advertising was specifically planned to coincide with the period referred to in section 37.10.1;

(b) whether the formatting or branding of the advertisement is similar to a registered political party’s or registered candidate’s formatting or branding or election material;

(c) whether the advertising makes reference to the election, election day, voting day, or similar terms;

(d) whether the advertisement makes reference to a registered political party or registered candidate either directly or indirectly;

(e) whether there is a material increase in the normal volume of advertising conducted by the person, organization, or entity;

(f) whether the advertising has historically occurred during the relevant time of the year;

(g) whether the advertising is consistent with previous advertising conducted by the person, organization, or entity;

(h) whether the advertising is within the normal parameters of promotion of a specific program or activity; and

(i) whether the content of the advertisement is similar to the political advertising of a party, constituency association, nomination contestant, candidate or leadership contestant registered under this Act. 2016, c. 22, s. 33.

Section Amendments with date in force (d/m/y)

2016, c. 22, s. 33 - 01/01/2017

Non-application re government advertising

37.0.2 For greater certainty,

(a) nothing in this Act affects government advertising by the Government of Canada, the Government of Ontario, the government of another province or territory of Canada, or the government of a municipality, or by any part of such a government;

(b) no government or part of a government mentioned in clause (a) is a third party for the purposes of this Act. 2016, c. 22, s. 34.

Section Amendments with date in force (d/m/y)

2016, c. 22, s. 34 - 01/01/2017

Definitions

37.1 In this section and in sections 37.2 to 37.13,

“election period” means the period beginning with the issue of the writ for an election and ending on polling day; (“période électorale”)

“expenses” means,

(a) amounts paid,

(b) liabilities incurred,

(c) the commercial value of property and services that are donated or provided, other than volunteer labour,

(d) amounts that represent the difference between an amount paid or a liability incurred for property and services, other than volunteer labour, and the commercial value of the property and services, when they are provided at less than their commercial value; (“dépenses”)

“third party political advertising” means political advertising placed by or on behalf of a third party, and “third party political advertisement” has a corresponding meaning; (“publicité politique de tiers”, “annonce politique de tiers”)

“third party political advertising expense” means an expense incurred in relation to,

(a) the production of a third party political advertisement, or

(b) the acquisition of the means of transmission of a third party political advertisement to the public. (“dépenses de publicité politique de tiers”)  2007, c. 15, s. 32; 2016, c. 22, s. 35.

Section Amendments with date in force (d/m/y)

2007, c. 15, s. 32 - 04/06/2007

2016, c. 22, s. 35 (1, 2) - 01/01/2017

Categorization of expenses

37.2 The following rules apply in determining whether an amount of expenses is incurred for third party political advertising during a period referred to in section 37.10.1:

1. An amount that is paid by a third party for third party political advertising with respect to a relevant period is included whether it is paid before, during or after the period.

2. If a combined amount is paid for both third party political advertising with respect to a relevant period and other third party political advertising, the amount shall be apportioned according to when the advertising appears. 2016, c. 22, s. 36.

Section Amendments with date in force (d/m/y)

2007, c. 15, s. 32 - 04/06/2007

2016, c. 22, s. 36 - 01/01/2017

Saving

37.3 Nothing in sections 37.1 to 37.13 permits political advertising during a blackout period under subsection 37 (1).  2007, c. 15, s. 32.

Section Amendments with date in force (d/m/y)

2007, c. 15, s. 32 - 04/06/2007

Identification

37.4 Subsections 22 (5) to (9) apply, with necessary modifications, with respect to third parties and third party political advertisements during a period referred to in section 37.10.1.  2007, c. 15, s. 32; 2016, c. 22, s. 37.

Section Amendments with date in force (d/m/y)

2007, c. 15, s. 32 - 04/06/2007

2016, c. 22, s. 37 - 01/01/2017

Registration requirement for third parties

37.5 (1) A third party shall apply for registration under this section immediately after having incurred expenses of a total amount of $500 for third party political advertising during a period referred to in section 37.10.1. 2016, c. 22, s. 38 (1).

Application for registration

(2) An application for registration shall be sent to the Chief Electoral Officer in the prescribed form and shall include,

(a) the third party’s full name and the name or abbreviation to be shown in any election documents;

(b) if the third party is an individual, his or her address, telephone number and signature;

(c) if the third party is a corporation or other entity,

(i) its address and telephone number, and

(ii) the name, address, telephone number and signature of the person with signing authority;

(d) the address and telephone number of the place or places in Ontario where records of the third party are maintained and of the place in Ontario where communications may be addressed;

(e) the name, address and telephone number of the third party’s chief financial officer;

(f) the names, addresses and telephone numbers of the principal officers of the third party;

(g) the name and address of every financial institution to be used by the third party as the depositories for contributions made to that third party;

(h) the names, addresses and telephone numbers of the third party’s signing officers responsible for each depository referred to in clause (g).  2007, c. 15, s. 32.

Appointment of chief financial officer

(3) Before filing its application under subsection (2), the third party shall appoint a chief financial officer.  2007, c. 15, s. 32.

Same

(4) If the chief financial officer ceases for any reason to hold office as such, the third party shall, without delay, appoint a new chief financial officer and shall immediately give notice in writing to the Chief Electoral Officer of the name, address and telephone number of the new chief financial officer.  2007, c. 15, s. 32.

Resolution

(5) If the third party is an entity with a governing body, the application shall include a copy of the resolution passed by the governing body authorizing the entity to incur third party political advertising expenses.  2007, c. 15, s. 32; 2016, c. 22, s. 38 (2).

Examination of application

(6) The Chief Electoral Officer shall, without delay after receiving an application,

(a) determine whether the requirements set out in subsections (1) to (3) and (5) are met;

(b) notify the person who signed the application whether the third party is registered; and

(c) in the case of a refusal to register, give reasons for the refusal.  2007, c. 15, s. 32.

(7) Repealed: 2016, c. 22, s. 38 (3).

Application rejected

(8) A third party may not be registered if, in the opinion of the Chief Electoral Officer, the resemblance between its name or the abbreviation of its name and a name, abbreviation or nickname referred to in subsection (9) is so close that confusion is likely.  2007, c. 15, s. 32.

Same

(9) Subsection (8) applies in respect of the name, abbreviation of the name or nickname,

(a) of a third party that is registered under this Act; or

(b) of a candidate, political party or political organization that is active anywhere in Canada.  2007, c. 15, s. 32.

Registration ends

(10) The registration of a third party ceases to be valid at the end of every election period in respect of which the third party was registered, but the third party continues to be subject to the requirement to file a third party political advertising report under subsection 37.12 (1). 2016, c. 22, s. 38 (4).

Section Amendments with date in force (d/m/y)

2007, c. 15, s. 32 - 04/06/2007

2016, c. 22, s. 38 (1-4) - 01/01/2017

Appointment of chief financial officer

37.6 (1) A third party that is required to register under subsection 37.5 (1) shall appoint a chief financial officer, who may be a person who is authorized to sign an application for registration made under that subsection.  2007, c. 15, s. 32.

Responsibilities

(2) The chief financial officer is responsible for ensuring that,

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

(b) contributions are placed in the appropriate depository;

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

(d) the third party political advertising report mentioned in section 37.12 and the auditor’s report mentioned in section 37.13, if required, are filed with the Chief Electoral Officer in accordance with this Act; and

(e) contributions consisting of goods or services are valued and recorded in accordance with this Act.  2007, c. 15, s. 32; 2016, c. 22, s. 39.

Chief financial officer – ineligible persons

(3) The following persons are not eligible to be a chief financial officer of a third party:

1. A candidate.

2. The chief financial officer or auditor of a registered candidate, party, constituency association or leadership contestant.

3. A returning officer, deputy returning officer or election clerk.  2007, c. 15, s. 32.

Section Amendments with date in force (d/m/y)

2007, c. 15, s. 32 - 04/06/2007

2016, c. 22, s. 39 - 01/01/2017

Requirement to appoint auditor

37.7 (1) A third party that incurs expenses in an aggregate amount of $5,000 or more for third party political advertising during a period referred to in section 37.10.1 shall appoint an auditor without delay. 2016, c. 22, s. 40 (1).

Eligibility criteria

(2) Only a person licensed under the Public Accounting Act, 2004 or a firm whose partners resident in Ontario are licensed under that Act is eligible to be an auditor for a third party.  2007, c. 15, s. 32.

Ineligibility criteria

(3) The following persons are not eligible to be an auditor for a third party:

1. The third party’s chief financial officer.

2. A person who signed the application made under subsection 37.5 (2).

3. A returning officer, deputy returning officer or election clerk.

4. A candidate.

5. The chief financial officer or auditor of a registered candidate, party, constituency association or leadership contestant or of another registered third party.  2007, c. 15, s. 32; 2016, c. 22, s. 40 (2).

Notification of appointment

(4) Every third party, when an auditor is appointed, shall immediately give notice in writing to the Chief Electoral Officer of the auditor’s name, address and telephone number.  2007, c. 15, s. 32.

Replacement

(5) If the third party’s auditor ceases for any reason to hold office as such, the third party shall, without delay, appoint a new auditor and shall immediately give notice in writing to the Chief Electoral Officer of the new auditor’s name, address and telephone number.  2007, c. 15, s. 32.

Section Amendments with date in force (d/m/y)

2007, c. 15, s. 32 - 04/06/2007

2016, c. 22, s. 40 (1, 2) - 01/01/2017

Registry of third parties

37.8 The Chief Electoral Officer shall maintain, for the period that he or she considers appropriate, a registry of third parties in which is recorded, in relation to each third party, the information referred to in subsections 37.5 (2) and 37.7 (4) and (5).  2007, c. 15, s. 32.

Section Amendments with date in force (d/m/y)

2007, c. 15, s. 32 - 04/06/2007

Duty of chief financial officer

Acceptance of contributions

37.9 (1) Every contribution that is made to a registered third party during a period referred to in section 37.10.1 shall be accepted by its chief financial officer if it is made for the purpose of third party political advertising. 2016, c. 22, s. 41 (1).

Authorization of expenses

(2) Every third party political advertising expense that is incurred by or on behalf of a registered third party shall be authorized by its chief financial officer.  2007, c. 15, s. 32; 2016, c. 22, s. 41 (2).

Delegation

(3) The chief financial officer may delegate a function described in subsection (1) or (2) to another person, but the delegation does not limit the chief financial officer’s responsibility.  2007, c. 15, s. 32.

Section Amendments with date in force (d/m/y)

2007, c. 15, s. 32 - 04/06/2007

2016, c. 22, s. 41 (1, 2) - 01/01/2017

Prohibition, use of certain contributions

37.10 (1) No third party shall use a contribution for the purpose of third party political advertising during a period referred to in section 37.10.1 unless it is made by,

(a) an individual ordinarily resident in Ontario;

(b) a corporation that,

(i) carries on business in Ontario, and

(ii) is not a registered charity within the meaning of subsection 248 (1) of the Income Tax Act (Canada); or

(c) a trade union as defined in this Act.  2007, c. 15, s. 32; 2016, c. 22, s. 42 (1).

Same

(2) No third party shall use a contribution for the purpose of third party political advertising if the third party does not know the name and address of the contributor or is otherwise unable to determine within which class of contributor referred to in subsection 37.12 (6) they fall. 2016, c. 22, s. 42 (2).

Group contributions

(3) Any contribution to a third party for the purpose of third party political advertising made through an unincorporated association or organization, except a trade union, shall be recorded by the unincorporated association or organization as to the individual sources and amounts making up the contribution.  2007, c. 15, s. 32; 2016, c. 22, s. 42 (3).

Same

(4) A copy of the record made under subsection (3) shall be provided to the chief financial officer of the third party.  2007, c. 15, s. 32.

Same

(5) The amounts making up a contribution under subsection (3) that are attributable to an individual, corporation or trade union are the contributions of that individual, corporation or trade union for the purposes of sections 37.1 to 37.13.  2007, c. 15, s. 32.

Section Amendments with date in force (d/m/y)

2007, c. 15, s. 32 - 04/06/2007

2016, c. 22, s. 42 (1-3) - 01/01/2017

Spending limit

37.10.1 (1) No third party shall spend,

(a) more than $4,000 in any electoral district for the purpose of third party political advertising in that district during any election period, whether for a by-election or a general election, multiplied by the indexation factor determined under section 40.1 for the calendar year in which the election period begins and rounded to the nearest dollar; or

(b) more than $100,000 in total for the purpose of third party political advertising during any election period for a general election, multiplied by the indexation factor determined under section 40.1 for the calendar year in which the election period begins and rounded to the nearest dollar. 2016, c. 22, s. 43.

Same, non-election period

(2) No third party shall spend,

(a) more than $24,000 in in any electoral district for the purpose of third party political advertising in that district during the six-month period immediately before the issue of a writ of election for a general election held in accordance with subsection 9 (2) of the Election Act, multiplied by the indexation factor determined under section 40.1 for the calendar year in which the election period begins and rounded to the nearest dollar; or

(b) more than $600,000 in total for the purposes of third party political advertising during the six-month period immediately before the issue of a writ of election for a general election held in accordance with subsection 9 (2) of the Election Act, multiplied by the indexation factor determined under section 40.1 for the calendar year in which the election period begins and rounded to the nearest dollar. 2016, c. 22, s. 43.

No combination to exceed limit

(3) No third party shall circumvent, or attempt to circumvent, a limit set out in this section in any manner, including by splitting itself into two or more third parties for the purpose of circumventing the limit or acting in collusion with another third party so that their combined political advertising expenses exceed the applicable limit or by colluding with a registered political party, registered constituency association, registered candidate, or registered nomination contestant for the purpose of circumventing the limit. 2016, c. 22, s. 43.

Collusion

(4) No third party that is not entitled to make a contribution under subsection 16 (1) shall engage in third party political advertising in a manner that would, if the third party were a person, constitute a contribution under section 22. 2016, c. 22, s. 43.

Section Amendments with date in force (d/m/y)

2016, c. 22, s. 43 - 01/01/2017

Contributions over $25

37.11 (1) Money contributed to third parties registered under this Act in amounts in excess of $25 for the purpose of third party political advertising,

(a) shall not be contributed in the form of cash; and

(b) shall be contributed,

(i) in a manner that associates the contributor’s name and account with the payment, or

(ii) by a money order signed by the contributor.  2010, c. 7, s. 44; 2016, c. 22, s. 44 (1).

Depositing of contributions

(2) All money contributed for the purpose of third party political advertising and accepted by or on behalf of a third party registered under this Act shall be paid into the appropriate depository on record with the Chief Electoral Officer.  2007, c. 15, s. 32; 2016, c. 22, s. 44 (2).

Section Amendments with date in force (d/m/y)

2007, c. 15, s. 32 - 04/06/2007

2010, c. 7, s. 44 - 18/05/2010

2016, c. 22, s. 44 (1, 2) - 01/01/2017

Third party political advertising report

37.12 (1) The chief financial officer of every third party that is required to be registered in accordance with subsection 37.5 (1) shall file a third party political advertising report in the prescribed form with the Chief Electoral Officer within six months after polling day for an election in respect of which it was registered. 2016, c. 22, s. 45.

Details re expenses

(2) A third party political advertising report shall contain a list of all third party political advertising expenses and the time and place of broadcast or publication of the advertisements to which the expenses relate. 2016, c. 22, s. 45.

When no expenses

(3) If a third party has not incurred third party political advertising expenses, that fact shall be indicated in its third party political advertising report. 2016, c. 22, s. 45.

Details re contributions

(4) The third party political advertising report shall include,

(a) the amount, by class of contributor, of contributions for third party political advertising purposes that were received in the period beginning six months before the relevant period under section 37.10.1 and ending three months after polling day;

(b) for each contributor who made contributions of a total amount of more than $100 for third party political advertising purposes during the period referred to in clause (a), their name, address and class, and the amount and date of each contribution; and

(c) the amount, other than an amount of a contribution referred to in clause (a), that was paid out of the third party’s own funds for third party political advertising expenses. 2016, c. 22, s. 45.

Same

(5) If the chief financial officer is unable to identify which contributions were received for third party political advertising purposes during the period referred to in clause (4) (a), the third party political advertising report shall list the names and addresses of every contributor who donated a total of more than $100 to the third party during that period. 2016, c. 22, s. 45.

Classes of contributors

(6) For the purposes of clauses (4) (a) and (b), the following are the classes of contributors:

1. Individuals.

2. Corporations.

3. Trade unions. 2016, c. 22, s. 45.

Bills, receipts

(7) A third party shall, at the request of the Chief Electoral Officer, provide the original of any bill, voucher or receipt in relation to a third party political advertising expense that is in an amount of more than $50. 2016, c. 22, s. 45.

Certification regarding no coordination

(8) Every registered third party in its third party political advertising report shall certify that the registered third party and its agents, employees, and independent contractors did not act in coordination with any registered political party, registered candidate, registered constituency association, registered nomination contestant, or registered leadership contestant, or any of their agents, employees or independent contractors. 2016, c. 22, s. 45.

Section Amendments with date in force (d/m/y)

2007, c. 15, s. 32 - 04/06/2007

2016, c. 22, s. 45 - 01/01/2017

Auditor’s report

37.13 (1) The third party political advertising report of a third party that incurs $5,000 or more in third party political advertising expenses shall include a report made under subsection (2). 2016, c. 22, s. 46 (1).

Same

(2) The third party’s auditor shall report on the third party political advertising report and shall make any examination that will enable the auditor to give an opinion in the auditor’s report as to whether the third party political advertising report presents fairly the information contained in the accounting records on which it is based. 2016, c. 22, s. 46 (1).

Statement

(3) An auditor shall include in the auditor’s report any statement that the auditor considers necessary, when,

(a) the third party political advertising report that is the subject of the auditor’s report does not present fairly the information contained in the accounting records on which it is based;

(b) the auditor has not received all the required information and explanations from the third party; or

(c) based on the auditor’s examination, it appears that the third party has not kept proper accounting records.  2007, c. 15, s. 32; 2016, c. 22, s. 46 (2).

Right of access

(4) The auditor shall have access at any reasonable time to all the documents of the third party, and may require the third party to provide any information or explanation that, in the auditor’s opinion, is necessary to enable the auditor to prepare the report.  2007, c. 15, s. 32.

Section Amendments with date in force (d/m/y)

2007, c. 15, s. 32 - 04/06/2007

2016, c. 22, s. 46 (1, 2) - 01/01/2017

Campaign Expenses

Limitation of campaign expenses

Limitation: political party

38 (1) The total campaign expenses incurred by a registered party and any person, corporation, trade union, unincorporated association or organization acting on behalf of the party during a campaign period shall not exceed the amount determined by multiplying the applicable amount by,

(a) in relation to a general election, the number of electors in the electoral districts in which there is an official candidate of that party; and

(b) in relation to a by-election in an electoral district, the number of electors in that electoral district.  1998, c. 9, s. 70.

Applicable amount

(2) For the purposes of subsection (1), the applicable amount is 80 cents, multiplied by the indexation factor determined for the calendar year under section 40.1 and rounded to the nearest cent. 2016, c. 22, s. 47 (1).

Limitation of campaign expenses: candidate, constituency association

(3) The total campaign expenses incurred by a registered candidate, the constituency association endorsing that candidate and any person, corporation, trade union, unincorporated association or organization acting on behalf of the candidate or constituency association during a campaign period shall not exceed the amount determined by multiplying the applicable amount by the number of electors in the candidate’s electoral district.  1998, c. 9, s. 70.

Applicable amount

(3.1) For the purposes of subsection (3), the applicable amount is $1.28, multiplied by the indexation factor determined for the calendar year under section 40.1 and rounded to the nearest cent. 2016, c. 22, s. 47 (2).

Number of electors

(3.2) For the purposes of subsections (1) and (3), the number of electors is the greater of,

(a) the number of electors shown in the list of electors furnished to candidates under clause 19 (3) (c) of the Election Act; and

(b) the number of electors entitled to vote, as determined by the Chief Electoral Officer under the Election Act.  2010, c. 7, s. 45.

Increase for candidates in certain northern electoral districts

(3.3) The amount determined under subsection (3) shall be increased by the applicable amount in relation to candidates in the following electoral districts:

1. Algoma-Manitoulin.

2. Kenora-Rainy River.

3. Kiiwetinoong.

4. Mushkegowuk-James Bay.

5. Nickel Belt.

6. Thunder Bay-Atikokan.

7. Thunder Bay-Superior North.

8. Timiskaming-Cochrane. 2017, c. 18, s. 4 (9).

Applicable amount

(3.4) For the purpose of subsection (3.3), the applicable amount is $9,310, multiplied by the indexation factor determined for the calendar year under section 40.1 and rounded to the nearest cent. 2016, c. 22, s. 47 (3).

Amounts to be made public

(3.5) The Chief Electoral Officer shall publish the campaign expense limits for a campaign period, calculated in accordance with this section, promptly after the issuing of a writ for an election. 2016, c. 22, s. 47 (4).

(3.6) Repealed:  2005, c. 35, s. 2 (5).

Reduction of subsidy

(4) Where the total campaign expenses incurred by a registered party and any person, corporation, trade union, unincorporated association or organization acting on behalf of that party exceed the amount determined under subsection (1) or where the total campaign expenses incurred by a registered candidate, the constituency association endorsing that candidate and any person, corporation, trade union, unincorporated association or organization acting on behalf of that candidate exceed the amount determined under subsection (2), the amount of the subsidy, if any, payable to the political party’s chief financial officer under subsection 44 (6) or to the candidate’s chief financial officer under subsection 44 (1), as the case may be, shall be reduced by an amount equal to such excess.  R.S.O. 1990, c. E.7, s. 38 (4).

Approval of chief financial officer

(5) No constituency association shall incur campaign expenses in an aggregate amount in excess of the amount that has been previously approved in writing by the chief financial officer of the candidate endorsed by that constituency association.  R.S.O. 1990, c. E.7, s. 38 (5).

Time for submission of payment claims

(6) Every person, corporation or trade union who has any claim for payment in relation to a campaign expense shall submit such claim within three months after polling day to the chief financial officer of the registered party, constituency association or candidate that incurred the campaign expense.  R.S.O. 1990, c. E.7, s. 38 (6).

Payment of expenses by chief financial officer

(7) Every payment of a campaign expense shall be made by the chief financial officer of the registered party, constituency association or candidate that incurred the campaign expense and, except where the campaign expense is less than $25, such campaign expense shall be vouched for by a statement setting forth the particulars and proof of payment.  R.S.O. 1990, c. E.7, s. 38 (7).

Disputed claims

(8) Where the chief financial officer of a registered party, constituency association or candidate disputes or refuses to pay any claim for payment in relation to a campaign expense, such claim shall be considered to be a disputed claim and the claimant may bring an action for payment in any court of competent jurisdiction.  R.S.O. 1990, c. E.7, s. 38 (8).

Section Amendments with date in force (d/m/y)

1998, c. 9, s. 70 - 01/01/1999

2005, c. 35, s. 2 (5) - 15/12/2005

2007, c. 7, Sched. 11, s. 3 - 17/05/2007; 2007, c. 15, s. 40 (1) - 04/06/2007

2010, c. 7, s. 45 - 18/05/2010

2016, c. 22, s. 47 (1-4) - 01/01/2017

2017, c. 18, s. 4 (9) - 25/10/2017

Non-campaign expenses

38.1 The total political advertising expenses incurred by a registered party during the six-month period immediately before the issue of a writ of election for a general election held in accordance with subsection 9 (2) of the Election Act, shall not exceed $1,000,000, multiplied by the indexation factor determined under section 40.1 for the calendar year and rounded to the nearest dollar. 2016, c. 22, s. 48.

Section Amendments with date in force (d/m/y)

2016, c. 22, s. 48 - 01/01/2017

Nomination contestants

38.2 The total nomination period expenses incurred by a nomination contestant and any person, corporation, trade union, unincorporated association or organization acting on behalf of the nomination contestant during a nomination contest period shall not exceed,

(a) 20 per cent of the amount that a candidate in the electoral district for which the contestant is seeking the nomination and the persons, corporations, trade unions, unincorporated associations and organizations acting on the contestant’s behalf were allowed to incur during the campaign period for the most recent election before the nomination contest period; or

(b) if there has been a change in the boundaries of the electoral district since the most recent election, an amount determined by the Chief Electoral Officer. 2016, c. 22, s. 48.

Section Amendments with date in force (d/m/y)

2016, c. 22, s. 48 - 01/01/2017

39 Repealed: 2016, c. 22, s. 49.

Section Amendments with date in force (d/m/y)

1998, c. 9, s. 79 - 01/01/1999

2002, c. 8, Sched. I, s. 9 - 05/01/2005

2007, c. 7, Sched. 7, s. 186 (7) - 01/10/2009; 2007, c. 15, s. 40 (1) - 04/06/2007

2016, c. 22, s. 49 - 01/01/2017

Auditors

Auditors

Appointment

40 (1) Every candidate and leadership contestant at the time of appointment of his or her chief financial officer, and every registered party and registered constituency association, within thirty days after becoming registered under this Act, shall appoint an auditor licensed under the Public Accounting Act, 2004 or a firm whose partners resident in Ontario are licensed under that Act and shall forthwith advise the Chief Electoral Officer of the name and address of such auditor or firm.  R.S.O. 1990, c. E.7, s. 40 (1); 1998, c. 9, s. 79; 2004, c. 8, s. 46; 2007, c. 15, s. 40 (1).

Nomination contestants

(1.1) Every registered nomination contestant shall appoint an auditor or firm who meets the qualifications described in subsection (1) within 30 days of receiving at least $10,000 in contributions with respect to a nomination contest or incurring expenses of at least $10,000 with respect to a nomination contest, and shall advise the Chief Electoral Officer in accordance with subsection (1). 2016, c. 22, s. 50 (1).

Idem

(2) Where an auditor appointed under subsection (1) or (1.1) ceases for any reason, including resignation, to hold office as such, ceases to be qualified as provided in subsection (1) or becomes ineligible as provided in subsection (3), the nomination contestant, candidate, leadership contestant, political party or constituency association, as the case may be, shall forthwith appoint another auditor licensed under the Public Accounting Act, 2004 or a firm whose partners resident in Ontario are licensed under that Act and shall forthwith advise the Chief Electoral Officer of the name and address of such auditor or firm.  R.S.O. 1990, c. E.7, s. 40 (2); 1998, c. 9, s. 79; 2004, c. 8, s. 46; 2007, c. 15, s. 40 (1); 2016, c. 22, s. 50 (2).

Persons not eligible

(3) No returning officer, deputy returning officer or election clerk and no nomination contestant, candidate or leadership contestant, or chief financial officer of a nomination contestant, candidate or leadership contestant, or chief financial officer of a registered party or constituency association shall act as the auditor for the nomination contestant, candidate, leadership contestant, registered party or constituency association, but nothing in this subsection makes ineligible the partners or firm with which such a person is associated from acting as an auditor for a nomination contestant, candidate or registered party or constituency association or leadership contestant. 2016, c. 22, s. 50 (3).

Auditor’s report

(4) The auditor appointed under subsection (1), (1.1) or (2) shall make a report to the chief financial officer of the nomination contestant, candidate, leadership contestant, political party or constituency association that appointed the auditor in respect of the financial statements, as required by sections 41 and 42 and shall make such examination of the financial statements and supporting documentation as is necessary to enable the auditor to report thereon in accordance with generally accepted auditing standards.  R.S.O. 1990, c. E.7, s. 40 (4); 2016, c. 22, s. 50 (4).

Where statement required

(5) An auditor, in the report under subsection (4), shall make such statements as the auditor considers necessary in any case where,

(a) the auditor 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 the auditor’s examination.  R.S.O. 1990, c. E.7, s. 40 (5).

Right of access

(6) An auditor appointed under subsection (1), (1.1) or (2) shall have access at all reasonable times to all records, documents, books, accounts and vouchers of the nomination contestant, candidate, leadership contestant, political party or constituency association that appointed the auditor and is entitled to require from the chief financial officer such information and explanation as in the auditor’s opinion may be necessary to enable the auditor to report as required by subsection (4).  R.S.O. 1990, c. E.7, s. 40 (6); 2016, c. 22, s. 50 (5).

Auditor’s subsidy

(7) The Chief Electoral Officer shall subsidize the cost of auditors’ services for political parties, constituency associations, nomination contestants, candidates and leadership contestants by paying, in respect of audits required by subsection (4),

(a) to the auditor of a party, the lesser of,

(i) $1,596, multiplied by the indexation factor determined for the calendar year under section 40.1 and rounded to the nearest dollar, and

(ii) the amount of the auditor’s account to the party;

(b) to the auditor of a constituency association, the lesser of,

(i) $798, multiplied by the indexation factor determined for the calendar year under section 40.1 and rounded to the nearest dollar, and

(ii) the amount of the auditor’s account to the association;

(b.1) to the auditor of a nomination contestant who is required to make an appointment under subsection (1.1),

(i) $1,064, multiplied by the indexation factor determined for the calendar year under section 40.1 and rounded to the nearest dollar, and

(ii) the amount of the auditor’s account to the nomination contestant;

(c) to the auditor of a candidate, the lesser of,

(i) $1,330, multiplied by the indexation factor determined for the calendar year under section 40.1 and rounded to the nearest dollar, and

(ii) the amount of the auditor’s account to the candidate; and

(d) to the auditor of a leadership contestant, the lesser of,

(i) $1,064, multiplied by the indexation factor determined for the calendar year under section 40.1 and rounded to the nearest dollar, and

(ii) the amount of the auditor’s account to the leadership contestant.  1998, c. 9, s. 71; 2007, c. 15, s. 40 (1); 2016, c. 22, s. 50 (6-11).

Section Amendments with date in force (d/m/y)

1998, c. 9, s. 71 - 01/01/1999; 1998, c. 9, s. 79 - 01/01/1999

2004, c. 8, s. 46, Table - 01/11/2005

2007, c. 15, s. 40 (1) - 04/06/2007

2016, c. 22, s. 50 (1-11) - 01/01/2017

Indexation factor

40.1 (1) For the purposes of every provision of this Act that refers to the indexation factor determined for a calendar year, and subject to subsection (2), the indexation factor is,

(a) for 2017, 1; and

(b) for a subsequent calendar year, the amount represented by the formula:

A + [A × (B/C − 1)]

in which,

“A” is the indexation factor for the previous year,

“B” is the Consumer Price Index for Ontario for the 12-month period that ended on September 30 of the previous year, and

“C” is the Consumer Price Index for Ontario for the 12-month period preceding the 12-month period mentioned in the description of “B”.

2016, c. 22, s. 51.

Exception

(2) For the purposes of section 32.1, the indexation factor is the amount that would be represented by the formula in subsection (1) if clause (a) read “for 2021, 1; and”. 2016, c. 22, s. 51.

Publication

(3) As soon as possible after the beginning of every calendar year after 2017, the Chief Electoral Officer shall publish, in accordance with subsection (4), statements of,

(a) the indexation factor for the current year; and

(b) all applicable amounts for the current year under every provision of this Act that refers to an indexation factor. 2016, c. 22, s. 51.

Same

(4) The statements shall be published,

(a) on a website on the Internet; and

(b) anywhere else the Chief Electoral Officer considers appropriate. 2016, c. 22, s. 51.

Two annual periods

(5) If a campaign period falls partly in one calendar year and partly in the next it shall, for the purposes of determining an applicable amount under section 38, be deemed to fall entirely in the earlier one. 2016, c. 22, s. 51.

Consumer Price Index

(6) In this section, the Consumer Price Index for Ontario for any 12-month period is the result arrived at by,

(a) determining the sum of the Consumer Price Index for Ontario as published by Statistics Canada under the authority of the Statistics Act (Canada), adjusted in the manner set in rules made and published by the Chief Electoral Officer, for each month in that period; and

(b) dividing the sum obtained under clause (a) by 12. 2016, c. 22, s. 51.

Rounding

(7) The result obtained from the formula in clause (6) (b) shall be adjusted in the manner set in rules made and published by the Chief Electoral Officer and rounded to the nearest thousandth or, if the result obtained is equidistant between two consecutive thousandths, to the higher thousandth. 2016, c. 22, s. 51.

Section Amendments with date in force (d/m/y)

1998, c. 9, s. 72 - 01/01/1999

2007, c. 15, s. 40 (1) - 04/06/2007

2016, c. 22, s. 51 - 01/01/2017

Financial Statements

Annual filing of financial statement and report

41 (1) The chief financial officer of every political party and constituency association registered under this Act shall, on or before May 31 in each year, file with the Chief Electoral Officer a financial statement,

(a) of assets and liabilities as at the end of the previous year;

(b) of income and expenses for the previous year, excluding election campaign expenses; and

(c) setting out all the information required to be recorded under subsection 34 (1) for the previous year,

of the political party or constituency association for which the chief financial officer acts, together with the auditor’s report as required by subsection 40 (4). 2016, c. 22, s. 52.

Report to Chief Electoral Officer

(2) A party or constituency association that waives repayment of an amount under subsection 36 (1) shall include the details in the annual financial statement filed under this section. 2016, c. 22, s. 52.

Section Amendments with date in force (d/m/y)

1998, c. 9, s. 73 - 01/01/1999; 1998, c. 9, s. 79 - 01/01/1999

2007, c. 15, s. 40 (1) - 04/06/2007

2016, c. 22, s. 52 - 01/01/2017

Reporting, nomination contestants

41.1 (1) When a candidate is nominated with respect to a registered party for an electoral district, the registered party or the registered constituency association, if the candidate is selected by the association, shall, within 30 days after the candidate is selected, file with the Chief Electoral Officer a report setting out,

(a) the name of the electoral district, the registered constituency association and the registered party that the nomination concerns;

(b) the date on which the contest for the nomination began and the date on which the candidate was selected;

(c) the name and address of each nomination contestant as of the date the candidate was selected, and of their chief financial officer; and

(d) the name of the candidate who was selected. 2016, c. 22, s. 53.

Notice

(2) The Chief Electoral Officer shall,

(a) communicate to each nomination contestant the information that was reported with respect to that contestant under subsection (1); and

(b) publish on a website on the Internet a notice containing the information referred to in subsection (1). 2016, c. 22, s. 53.

Reporting, appointed candidates

(2.1) Promptly after a candidate is appointed with respect to a registered party for an electoral district, the registered party shall notify the Chief Electoral Officer of the name of the candidate who was selected. 2017, c. 18, s. 4 (10).

Transition

(2.2) Promptly after the Representation Statute Law Amendment Act, 2017 receives Royal Assent, a registered party shall notify the Chief Electoral Officer of the name of any candidate who,

(a) was nominated with respect to the registered party for an electoral district on or after March 1, 2016 and before July 1, 2017; or

(b) was appointed with respect to the registered party for an electoral district on or after March 1, 2016 and before the Representation Statute Law Amendment Act, 2017 received Royal Assent. 2017, c. 18, s. 4 (10).

Note: On June 30, 2018, subsection 41.1 (2.2) of the Act is repealed. (See: 2017, c. 18, s. 4 (11))

Filing of nomination contestant’s report

(3) The chief financial officer of every registered nomination contestant shall file financial statements with the Chief Electoral Officer in accordance with the following rules:

1. A statement shall be filed with respect to the nomination contest period within three months after it ends.

2. Each statement shall show all income received and expenses incurred during the relevant period and all information required to be recorded under subsection 34 (1) in respect of that period.

3. Each statement shall be accompanied by the auditor’s report required by subsection 40 (4), if applicable. 2016, c. 22, s. 53; 2017, c. 18, s. 4 (12).

Section Amendments with date in force (d/m/y)

2016, c. 22, s. 53 - 01/01/2017

2017, c. 18, s. 4 (10, 12) - 25/10/2017; 2017, c. 18, s. 4 (11) - 30/06/2018

Filing of other financial statements

Filing of statement relating to campaign period

42 (1) The chief financial officer of every registered political party shall, within six months after polling day, file with the Chief Electoral Officer a financial statement,

(a) of the expenses relating to the election incurred in the campaign period; and

(b) of all campaign expenses, paid and outstanding, incurred in a campaign period and a statement of all disputed claims, of the political party for which the chief financial officer acts, together with the auditor’s report as required by subsection 40 (4). 2016, c. 22, s. 54 (1).

Filing of financial statements, candidate

(2) The chief financial officer of every registered candidate and every registered constituency association shall, within six months after polling day, file with the Chief Electoral Officer a financial statement,

(a) of all income and expenses received or incurred in the campaign period;

(b) of all campaign expenses, paid and outstanding, incurred in a campaign period and a statement of all disputed claims; and

(c) setting out all the information required to be recorded under subsection 34 (1) that relates to the campaign period,

of the candidate or constituency association for whom the chief financial officer acts, together with the auditor’s report required by subsection 40 (4). 2016, c. 22, s. 54 (1).

By-elections

(3) In relation to a by-election, subsections (1) and (2) apply only to registered political parties and registered constituency associations that received income or made expenditures in relation to the by-election and to registered candidates at the by-election. 2016, c. 22, s. 54 (1).

Where general election called

(3.1) Where writs for a general election are issued during a campaign period relating to a by-election, the campaign period relating to the by-election shall, for the purposes of subsections (1) and (2), be deemed to have terminated on the day before the day the writs for the general election were issued and the financial statements referred to in subsections (1) and (2) shall be filed with the Chief Electoral Officer within three months after the deemed termination of the campaign period. 2016, c. 22, s. 54 (1).

Filing of financial statements relating to leadership contest

(4) The chief financial officer of every registered leadership contestant shall file financial statements in accordance with the following rules:

1. Within six months after the date of the leadership vote, a statement shall be filed with respect to the period that begins on the date of the official call for the leadership contest and ends two months after the date of the leadership vote.

2. Within 20 months after the date of the leadership vote, a statement shall be filed with respect to the 12-month period that begins two months after the date of the leadership vote.

3. Each statement shall show all income received and expenses incurred during the relevant period and all information required to be recorded under subsection 34 (1) in respect of that period.

4. Each statement shall be accompanied by the auditor’s report required by subsection 40 (4).  1998, c. 9, s. 74; 2016, c. 22, s. 54 (2).

Surplus, second statement

(5) Any surplus that is shown in the second financial statement shall forthwith be paid over to the registered party that held the leadership contest.  1998, c. 9, s. 74.

Section Amendments with date in force (d/m/y)

1998, c. 9, s. 74 - 01/01/1999; 1998, c. 9, s. 79 - 01/01/1999

2007, c. 15, s. 40 (1) - 04/06/2007

2016, c. 22, s. 54 (1, 2) - 01/01/2017

Failure of candidate or leadership contestant not elected to file statement and report

43 (1) Where the chief financial officer of a registered candidate or leadership contestant who is not declared elected fails to file a financial statement as required by section 42, together with the auditor’s report thereon as required by subsection 40 (4), the candidate or leadership contestant, in addition to any other penalty, is ineligible to stand as a candidate at any election up to and including the next general election unless prior thereto he or she or the chief financial officer has filed such financial statement and the auditor’s report thereon with the Chief Electoral Officer.  R.S.O. 1990, c. E.7, s. 43 (1); 1998, c. 9, s. 79; 2007, c. 15, s. 40 (1); 2016, c. 22, s. 58.

Vacation of seat

(2) Where,

(a) in the case of a registered candidate who is elected as a member of the Assembly, the total campaign expenses incurred by the member during the campaign period relating to the election at which the candidate was elected exceeds the amount determined under subsection 38 (3); or

(b) in the case of a registered candidate or registered leadership contestant who is elected or sitting as a member of the Assembly, the chief financial officer of the member fails to file a financial statement as required by subsection 41.1 (3) or section 42, as the case may be, together with the auditor’s report thereon as required by subsection 40 (4),

the Chief Electoral Officer shall notify the Speaker who shall inform the Assembly and, if the Assembly finds no mitigating reason for non-compliance, the member shall forthwith vacate his or her seat and, in addition, the member is liable to any other penalty that may be imposed under any Act.  R.S.O. 1990, c. E.7, s. 43 (2); 1998, c. 9, s. 79; 2005, c. 35, s. 2 (6); 2007, c. 15, s. 40 (1); 2016, c. 22, s. 55, 58.

Speaker’s warrant

(3) Where a member is required to vacate his or her seat,

(a) under clause (2) (a); or

(b) under clause (2) (b), unless the member or his or her chief financial officer files a financial statement and the auditor’s report thereon with the Chief Electoral Officer within sixty days after the Speaker has informed the Assembly of the non-compliance under subsection (2),

the Speaker shall address a warrant under the hand and seal of the Speaker to the Chief Electoral Officer for the issue of a writ for the election of a member in the place of the member whose seat is vacated and the writ shall be issued accordingly.  R.S.O. 1990, c. E.7, s. 43 (3); 1998, c. 9, s. 79; 2007, c. 15, s. 40 (1).

Section Amendments with date in force (d/m/y)

1998, c. 9, s. 79 - 01/01/1999

2005, c. 35, s. 2 (6) - 15/12/2005

2007, c. 15, s. 40 (1) - 04/06/2007

2016, c. 22, s. 55 - 01/01/2017; 2016, c. 22, s. 58 - 01/01/2017

Public Funding of Candidate and Party Expenses

Reimbursement

Partial reimbursement of campaign expenses

44 (1) Every registered candidate who receives at least five per cent of the popular vote in his or her electoral district is entitled to be reimbursed by the Chief Electoral Officer for the lesser of,

(a) 20 per cent of the candidate’s campaign expenses for the campaign period, as shown on the statement of income and expenses filed under section 42, together with the auditor’s report referred to in subsection 40 (4); and

(b) 20 per cent of the maximum expenditure limit under subsection 38 (3).  1998, c. 9, s. 75 (1); 2007, c. 15, s. 40 (1); 2016, c. 22, s. 56 (1).

Increase for certain candidates

(2) In relation to candidates in electoral districts listed in subsection 38 (3.3), the amount determined under subsection (1) shall be increased by the applicable amount determined under subsection 38 (3.4).  2009, c. 33, Sched. 3, s. 2.

Conditions for reimbursement

(3) A candidate is not entitled to be reimbursed under subsection (1) unless,

(a) the financial statements and auditor’s report required by section 42 and subsection 40 (4) in respect of the candidate have been filed, and the Chief Electoral Officer is satisfied that they meet the requirements of this Act; and

(b) in the case of a candidate with party affiliation, the requirements of clause (a) have also been met with respect to the constituency association that endorses the candidate.  1998, c. 9, s. 75 (3); 2007, c. 15, s. 40 (1).

Money to be applied to discharge debts of candidate

(4) Where the candidate’s financial statement shows a deficit and the candidate is entitled to be reimbursed for expenses under subsection (1), the money payable to his or her chief financial officer shall be first applied to discharge the debts creating the deficit and should any deficit remain thereafter, in the case of a candidate endorsed as the official candidate of a registered party, the deficit shall be assumed by the registered constituency association endorsing that candidate.  R.S.O. 1990, c. E.7, s. 44 (4).

Surplus in candidate’s account

(5) Any surplus, determined by taking into account in the financial statement of a registered candidate the money, if any, paid to the candidate’s chief financial officer under subsection (1), shall be forthwith paid over,

(a) in the case of a candidate endorsed as the official candidate of a registered party, to that registered party or to the registered constituency association endorsing the candidate; and

(b) in the case of an independent candidate, to the Chief Electoral Officer.  R.S.O. 1990, c. E.7, s. 44 (5); 1998, c. 9, s. 79; 2007, c. 15, s. 40 (1).

Reimbursement of political party’s expenses

(6) Every registered party that receives at least 15 per cent of the popular vote in any electoral district and that has filed its statement of expenses with the Chief Electoral Officer in accordance with section 42, together with the auditor’s report in accordance with subsection 40 (4), is entitled to be reimbursed by the Chief Electoral Officer for the aggregate amount determined by multiplying 5 cents by the number of electors entitled to vote, as certified by the Chief Electoral Officer under the Election Act, in each electoral district in which the political party received 15 per cent of the popular vote and such money shall be payable to the political party’s chief financial officer.  R.S.O. 1990, c. E.7, s. 44 (6); 1998, c. 9, s. 79; 2007, c. 15, s. 40 (1); 2016, c. 22, s. 56 (2).

Filing of financial statements required

(7) Subject to subsection (7.1), a political party is not entitled to be reimbursed for expenses under subsection (6) unless its chief financial officer has filed the financial statements required by section 42, together with the auditor’s report on them as required by subsection 40 (4), and the Chief Electoral Officer is satisfied that such statements meet the requirements of this Act.  1998, c. 9, s. 75 (4); 2007, c. 15, s. 40 (1).

Interim payment to party

(7.1) The Chief Electoral Officer may, on receiving the financial statements and auditor’s report, make an interim payment to the party of up to 50 per cent of the amount to which it will be entitled when the requirements of subsection (7) are met.  1998, c. 9, s. 75 (4); 2007, c. 15, s. 40 (1).

Definition

(8) In this section,

“popular vote” means the total counted ballots cast in favour of all candidates in an electoral district and does not include any rejected, cancelled, declined or unused ballot.  R.S.O. 1990, c. E.7, s. 44 (8); 1998, c. 9, s. 75 (5).

Section Amendments with date in force (d/m/y)

1998, c. 9, s. 75 (1-5) - 01/01/1999; 1998, c. 9, s. 79 - 01/01/1999

2007, c. 15, s. 40 (1) - 04/06/2007

2009, c. 33, Sched. 3, s. 2 - 15/12/2009

2016, c. 22, s. 56 (1, 2) - 01/01/2017

Readjustment of Electoral Districts

Definitions

44.1 In sections 44.2, 44.3, 44.4 and 44.5,

“effective date” means the date on which the Electoral Boundaries Act, 2015 receives Royal Assent; (“date de prise d’effet”)

“new”, when used in connection with electoral districts or constituency associations, refers to the electoral districts described in subsection 2 (1) of the Representation Act, 2015 and to their constituency associations; (“nouvelles”)

“old”, when used in connection with electoral districts or constituency associations, refers to the electoral districts described in subsection 2 (3) of the Representation Act, 2015 and to their constituency associations. (“anciennes”) 2015, c. 31, Sched. 4, s. 2.

Section Amendments with date in force (d/m/y)

1996, c. 28, s. 3 - 01/01/1997; 1998, c. 9, s. 79 - 01/01/1999

2004, c. 14, s. 1 (1, 2) - 24/06/2004

2005, c. 35, s. 2 (7) - 15/12/2005

2007, c. 15, s. 40 (1) - 04/06/2007

2015, c. 31, Sched. 4, s. 2 - 03/12/2015

Representation Act, 2015, new constituency associations due to readjustment

Registration of new constituency associations

44.2 (1) On and after March 1, 2016, the Chief Electoral Officer shall register new constituency associations in the register mentioned in subsection 11 (2). 2015, c. 31, Sched. 4, s. 2.

Formal requirements of application

(2) The Chief Electoral Officer shall register a new constituency association only if its application complies with subsection 11 (2) and is accompanied by a document, in a form prescribed by the Chief Electoral Officer, indicating the approval of the registered party concerned. 2015, c. 31, Sched. 4, s. 2.

Automatic dissolution of old associations

(3) Except for the purposes of this section, every old constituency association is dissolved on November 30, 2016. 2015, c. 31, Sched. 4, s. 2.

Earlier dissolution at party’s request

(4) During the period that begins on March 1, 2016 and ends on November 29, 2016, a registered party may request the dissolution of an old constituency association, in which case the Chief Electoral Officer shall make an order to that effect. 2015, c. 31, Sched. 4, s. 2.

Same

(5) The request shall be accompanied by a document, in a form prescribed by the Chief Electoral Officer, indicating the party’s approval. 2015, c. 31, Sched. 4, s. 2.

Assets and liabilities

(6) Every old constituency association shall transfer its assets and liabilities to one or more new constituency associations, to the registered party concerned or to both, subject to any written direction by the party, before the old constituency association is dissolved. 2015, c. 31, Sched. 4, s. 2.

Filing of direction

(7) A direction referred to in subsection (6) shall be filed with the Chief Electoral Officer and shall be accompanied by a document, in a form prescribed by the Chief Electoral Officer, indicating the party’s approval. 2015, c. 31, Sched. 4, s. 2.

Report re assets and liabilities

(8) Within 90 days after being dissolved, every old constituency association shall file with the Chief Electoral Officer a statement setting out the assets and liabilities it still held, if any, on the day it was dissolved. 2015, c. 31, Sched. 4, s. 2.

Deemed transfer to party

(9) Any assets and liabilities that an old constituency association still held on the day it was dissolved are deemed to have been transferred to the registered party on that day; the party may then transfer them to its new constituency associations as it sees fit. 2015, c. 31, Sched. 4, s. 2.

Filing of annual financial statement and auditor’s report, 2016 and 2017

(10) The following rules apply to the filing of annual financial statements and auditors’ reports by the chief financial officers of old and new constituency associations for 2016 and 2017:

1. Section 41 governs the filing, except that the dates for filing set out in this subsection prevail over those set out in subsection 41 (1).

2. The 2016 statement and report of an old constituency association shall be filed within 90 days after its dissolution.

3. If a new constituency association is registered before January 1, 2017, its 2016 statement and report shall be filed on or before May 31, 2017.

4. If a new constituency association is registered on or after January 1, 2017, its 2017 statement and report shall be filed on or before May 31, 2018. 2015, c. 31, Sched. 4, s. 2.

Section Amendments with date in force (d/m/y)

1996, c. 28, s. 3 - 01/01/1997

2005, c. 35, s. 2 (8) - 15/12/2005

2015, c. 31, Sched. 4, s. 2 - 03/12/2015

Certain by-elections

44.3 (1) If a writ is issued for an election in an old electoral district after a registered constituency association has been dissolved under section 44.2, but before the redistribution described in subsection 2 (1) of the Representation Act, 2015 takes effect, the registered party concerned may,

(a) establish a provisional constituency association for the old electoral district;

(b) designate a new constituency association to act in the place of the old constituency association; or

(c) conduct the electoral campaign directly without interposing a provisional or designated constituency association. 2015, c. 31, Sched. 4, s. 2.

Application of Act

(2) With respect to the campaign period, this Act applies to the provisional constituency association, designated constituency association or registered party, as the case may be, as if it were a registered constituency association for the electoral district. 2015, c. 31, Sched. 4, s. 2.

Same, campaign expenses

(3) Without limiting the generality of subsection (2), a registered party that conducts an electoral campaign directly is entitled to incur campaign expenses under subsection 38 (3), to the same extent as a constituency association, in addition to its expenses under subsection 38 (1). 2015, c. 31, Sched. 4, s. 2.

Section Amendments with date in force (d/m/y)

R.S.O. 1990, c. E.7, s. 44.3 (3) - see: 1996, c. 28, s. 3 - 05/05/1999

2015, c. 31, Sched. 4, s. 2 - 03/12/2015

Exception, boundaries of electoral district unchanged

Application

44.4 (1) This section applies if a new electoral district has the same boundaries as an old electoral district, even if its name is different. 2015, c. 31, Sched. 4, s. 2.

Old constituency associations continue

(2) The constituency associations of the old electoral district become the constituency associations of the new electoral district on March 1, 2016. 2015, c. 31, Sched. 4, s. 2.

Non-application of ss. 44.2 and 44.3

(3) Sections 44.2 and 44.3 do not apply to the electoral district and its constituency associations. 2015, c. 31, Sched. 4, s. 2.

Section Amendments with date in force (d/m/y)

2015, c. 31, Sched. 4, s. 2 - 03/12/2015

Exception, registered party opts to continue old constituency association

Application

44.5 (1) On or before November 30, 2016 but no earlier than March 1, 2016, a registered party may file with the Chief Electoral Officer a notice stating that a specified old constituency association will be the party’s constituency association for a specified new electoral district. 2015, c. 31, Sched. 4, s. 2.

Filing requirements

(2) The notice shall be accompanied by a document, in a form prescribed by the Chief Electoral Officer, indicating the party’s approval. 2015, c. 31, Sched. 4, s. 2.

Old constituency association continues

(3) On the filing of the notice, the old constituency association becomes the constituency association of the party for the new electoral district. 2015, c. 31, Sched. 4, s. 2.

Non-application of ss. 44.2 and 44.3

(4) Sections 44.2 and 44.3 do not apply to the constituency association. 2015, c. 31, Sched. 4, s. 2.

Section Amendments with date in force (d/m/y)

2015, c. 31, Sched. 4, s. 2 - 03/12/2015

Registration of certain northern electoral districts

44.6 (1) The Chief Electoral Officer shall register, in the register mentioned in subsection 11 (2), constituency associations for the electoral districts of Kenora-Rainy River, Kiiwetinoong, Mushkegowuk-James Bay and Timmins, as they were described after the Representation Statute Law Amendment Act, 2017 received Royal Assent. 2017, c. 18, s. 4 (13).

Formal requirements of application

(2) The Chief Electoral Officer shall register a constituency association under subsection (1) only if its application complies with subsection 11 (2) and is accompanied by a document, in a form prescribed by the Chief Electoral Officer, indicating the approval of the registered party concerned. 2017, c. 18, s. 4 (13).

Automatic dissolution

(3) Except for the purposes of this section, every constituency association for the electoral districts of Kenora-Rainy River and Timmins-James Bay, as they were described immediately before the Representation Statute Law Amendment Act, 2017 received Royal Assent, is dissolved on December 31, 2017, subject to subsections (13) to (15). 2017, c. 18, s. 4 (13).

Earlier dissolution

(4) A registered party may request the dissolution of a constituency association referred to in subsection (3) before December 31, 2017, in which case the Chief Electoral Officer shall make an order to that effect. 2017, c. 18, s. 4 (13).

Same

(5) The request shall be accompanied by a document, in a form prescribed by the Chief Electoral Officer, indicating the party’s approval. 2017, c. 18, s. 4 (13).

Assets and liabilities

(6) Every constituency association that is dissolved under this section shall transfer its assets and liabilities to one or more constituency associations referred to in subsection (1), to the registered party concerned or to both, subject to any written direction by the party, before it is dissolved. 2017, c. 18, s. 4 (13).

Filing of direction

(7) A direction referred to in subsection (6) shall be filed with the Chief Electoral Officer and shall be accompanied by a document, in a form prescribed by the Chief Electoral Officer, indicating the party’s approval. 2017, c. 18, s. 4 (13).

Report re assets and liabilities

(8) Within 90 days after being dissolved under this section, a constituency association shall file with the Chief Electoral Officer a statement setting out the assets and liabilities it still held, if any, on the day it was dissolved. 2017, c. 18, s. 4 (13).

Deemed transfer to party

(9) Any assets and liabilities that a constituency association still held on the day it was dissolved under this section are deemed to have been transferred to the registered party on that day, and the party may then transfer them to its constituency associations referred to in subsection (1) as it sees fit. 2017, c. 18, s. 4 (13).

Filing of annual financial statement and auditor’s report, 2017 and 2018

(10) The following rules apply to the filing of annual financial statements and auditors’ reports for 2017 and 2018 by the chief financial officers of constituency associations dissolved under this section and of constituency associations registered under subsection (1):

1. Section 41 governs the filing, except that the dates for filing set out in this subsection prevail over those set out in subsection 41 (1).

2. The 2017 statement and report of a constituency association dissolved under this section shall be filed within 90 days after its dissolution.

3. If a constituency association is registered under subsection (1) before January 1, 2018, its 2017 statement and report shall be filed on or before May 31, 2018.

4. If a constituency association is registered under subsection (1) on or after January 1, 2018, its 2018 statement and report shall be filed on or before May 31, 2019. 2017, c. 18, s. 4 (13).

Certain by-elections

(11) If, after a registered constituency association has been dissolved under this section, but before the redistribution described in subsection 2 (1) of the Representation Act, 2015 takes effect, a writ is issued for an election in an old electoral district within the meaning of section 44.1 that falls within the boundaries of the electoral districts referred to in subsection (3), the registered party concerned may,

(a) establish a provisional constituency association for the old electoral district;

(b) designate a constituency association to act in the place of the dissolved constituency association; or

(c) conduct the electoral campaign directly without interposing a provisional or designated constituency association. 2017, c. 18, s. 4 (13).

Application of Act to certain by-elections

(12) With respect to the campaign period in an election where subsection (11) applies, this Act applies to the provisional constituency association, designated constituency association or registered party, as the case may be, as if it were a registered constituency association for the electoral district and, without limiting the generality of the foregoing, a registered party that conducts an electoral campaign directly is entitled to incur campaign expenses under subsection 38 (3), to the same extent as a constituency association, in addition to its expenses under subsection 38 (1). 2017, c. 18, s. 4 (13).

Exception, registered party opts to continue constituency association

(13) Before December 31, 2017, a registered party may file with the Chief Electoral Officer a notice stating that a specified constituency association that would otherwise be subject to dissolution under this section will be the party’s constituency association for a specified electoral district referred to in subsection (1). 2017, c. 18, s. 4 (13).

Filing requirements

(14) The notice under subsection (13) shall be accompanied by a document, in a form prescribed by the Chief Electoral Officer, indicating the party’s approval. 2017, c. 18, s. 4 (13).

Constituency association continues

(15) On the filing of the notice under subsection (13) the constituency association becomes the constituency association of the party for the specified electoral district. 2017, c. 18, s. 4 (13).

Section Amendments with date in force (d/m/y)

2017, c. 18, s. 4 (13) - 25/10/2017

Forms

Forms

45 All applications, returns, statements, balance sheets and other documents required to be filed with the Chief Electoral Officer shall be filed in the form prescribed therefor by the Chief Electoral Officer.  R.S.O. 1990, c. E.7, s. 45; 1998, c. 9, s. 79; 2007, c. 15, s. 40 (1).

Section Amendments with date in force (d/m/y)

1998, c. 9, s. 79 - 01/01/1999

2007, c. 15, s. 40 (1) - 04/06/2007

Offences

Failure to file financial statements

46 If the chief financial officer of a party, constituency association, candidate or leadership contestant registered under this Act knowingly contravenes section 41 or 42,

(a) the chief financial officer is guilty of an offence and on conviction is liable to a fine of not more than $5,000; and

(b) the party, constituency association, candidate or leadership contestant is also guilty of an offence and on conviction is liable to a fine of $50 for each day that the default continues.  1998, c. 9, s. 76.

Section Amendments with date in force (d/m/y)

1998, c. 9, s. 76 - 01/01/1999

Failure to file third party election advertising report

46.0.1 If the chief financial officer of a third party knowingly contravenes section 37.12,

(a) the chief financial officer is guilty of an offence and on conviction is liable to a fine of not more than $5,000; and

(b) the third party is also guilty of an offence and on conviction is liable to a fine of $50 for each day that the default continues.  2007, c. 15, s. 33.

Section Amendments with date in force (d/m/y)

2007, c. 15, s. 33 - 04/06/2007

Additional penalty, third parties

46.0.2 Any third party that contravenes section 37.10.1 is liable, in addition to the any other applicable penalty, to a further fine not exceeding five times the amount by which the third party exceeded the applicable limit under that section. 2016, c. 22, s. 57.

Section Amendments with date in force (d/m/y)

2016, c. 22, s. 57 - 01/01/2017

Failure to deposit contribution, file report

46.1 If the chief financial officer of a party or leadership contestant registered under this Act knowingly contravenes subsection 34.1 (3),

(a) the chief financial officer is guilty of an offence and on conviction is liable to a fine of not more than $5,000; and

(b) the party or leadership contestant is also guilty of an offence and on conviction is liable to a fine of not more than double the amount of the contribution with respect to which no report was filed.  2005, c. 35, s. 2 (9).

Section Amendments with date in force (d/m/y)

2005, c. 35, s. 2 (9) - 15/12/2005

Offence by corporation or trade union

47 A corporation or trade union that knowingly contravenes any of the provisions of this Act is guilty of an offence and on conviction is liable to a fine of not more than $50,000.  1998, c. 9, s. 76.

Section Amendments with date in force (d/m/y)

1998, c. 9, s. 76 - 01/01/1999

General offence

48 A person, political party, constituency association or third party that knowingly contravenes a provision of this Act for the contravention of which no other penalty is provided is guilty of an offence and on conviction is liable to a fine of not more than $5,000.  1998, c. 9, s. 76; 2007, c. 15, s. 34.

Section Amendments with date in force (d/m/y)

1998, c. 9, s. 76 - 01/01/1999

2007, c. 15, s. 34 - 04/06/2007

Offence for obstructing investigation

49 No person shall obstruct a person making an investigation or examination under this Act or withhold from him or her or conceal or destroy any books, papers, documents or things relevant to the subject-matter of the investigation or examination.  R.S.O. 1990, c. E.7, s. 49.

Offence for false statement

50 No person shall knowingly make a false statement in any application, return, financial statement or other document filed with the Chief Electoral Officer under this Act.  R.S.O. 1990, c. E.7, s. 50; 1998, c. 9, s. 79; 2007, c. 15, s. 40 (1).

Section Amendments with date in force (d/m/y)

1998, c. 9, s. 79 - 01/01/1999

2007, c. 15, s. 40 (1) - 04/06/2007

Offence for false information

51 No person shall knowingly give false information to a chief financial officer or other person authorized to accept contributions.  R.S.O. 1990, c. E.7, s. 51.

Style of prosecution

52 A prosecution for an offence under this Act may be instituted against a political party, constituency association, trade union or third party in its own name and, for the purposes of the prosecution, the political party, constituency association, trade union or third party is deemed to be a person.  2007, c. 15, s. 35.

Section Amendments with date in force (d/m/y)

2007, c. 15, s. 35 - 04/06/2007

Vicarious responsibility

52.1 Anything done or omitted by an officer, official or agent of a political party, constituency association, trade union or third party within the scope of his or her authority to act on its behalf is deemed to be a thing done or omitted by the political party, constituency association, trade union or third party.  2007, c. 15, s. 35.

Section Amendments with date in force (d/m/y)

2007, c. 15, s. 35 - 04/06/2007

Consent of Chief Electoral Officer

53 (1) No prosecution shall be instituted under this Act without the Chief Electoral Officer’s consent.  1998, c. 9, s. 77; 2007, c. 15, s. 40 (1).

Limitation

(2) No prosecution shall be instituted more than two years after the facts on which it is based first came to the Chief Electoral Officer’s knowledge.  1998, c. 9, s. 77; 2007, c. 15, s. 40 (1).

Section Amendments with date in force (d/m/y)

1998, c. 9, s. 77 - 01/01/1999

2007, c. 15, s. 40 (1) - 04/06/2007

Commission dissolved

54 (1) The Commission on Election Finances is dissolved.  1998, c. 9, s. 78.

Chief Electoral Officer in place of Commission

(2) The Chief Electoral Officer stands in the place of the Commission for all purposes.  1998, c. 9, s. 78; 2007, c. 15, s. 40 (1).

Same

(3) Without limiting the generality of subsection (2),

(a) all the assets and liabilities of the Commission pass to the Chief Electoral Officer on the day the Election Statute Law Amendment Act, 1998 comes into force;

(b) for the purposes of subsection 53 (2), anything that came to the Commission’s knowledge on or before that day shall be deemed to have come to the Chief Electoral Officer’s knowledge.  1998, c. 9, s. 78; 2007, c. 15, s. 40 (1).

Section Amendments with date in force (d/m/y)

1998, c. 9, s. 78 - 01/01/1999

2007, c. 15, s. 40 (1) - 04/06/2007

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