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Election Finances Act, R.S.O. 1990, c. E.7
Skip to contentElection Finances Act
R.S.O. 1990, CHAPTER E.7
Historical version for the period November 4, 2004 to November 29, 2004.
Amended by: 1996, c. 28, s. 3; 1998, c. 9, ss. 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.
CONTENTS
Interpretation | |
Powers and duties, publication, tabling | |
Powers under Public Inquiries Act | |
Powers of inspection | |
Information | |
Audit | |
Registration of parties | |
Registration of constituency associations | |
Deregistration | |
Registration of candidate | |
Registration of leadership contestant | |
Inspection of information on file with Chief Election Officer | |
Contributions | |
Return of contributions made in contravention of Act | |
Maximum contributions of persons, corporations and trade unions to parties, constituency associations and candidates | |
Contributor to contribute only funds belonging to contributor | |
Funds from federal parties | |
Value of goods and services | |
Advertising as contribution | |
Fund-raising activities | |
Collection of money at meetings | |
Receipts | |
Group contributions | |
Transfer of funds, etc., among parties, constituency associations and candidates | |
Parties, etc., not to receive contributions in excess of limitations | |
Prohibited contributions and transfers | |
Annual membership fees | |
Trade unions check-off | |
Who may accept contributions for candidate or leadership contestant | |
Chief financial officers | |
Recording of contributions | |
Borrowing | |
Pre-1986 loans | |
Blackout period | |
Limitation of campaign expenses | |
Foundation | |
Auditors | |
Indexation factor | |
Annual filing of financial statement and report | |
Filing of other financial statements | |
Failure of candidate or leadership contestant not elected to file statement and report | |
Reimbursement | |
New constituency associations due to readjustment | |
By-election during transition period | |
Forms | |
Failure to file financial statements | |
Offence by corporation or trade union | |
General offence | |
Offence for obstructing investigation | |
Offence for false statement | |
Offence for false information | |
Style of prosecution, vicarious liability | |
Consent of Chief Election Officer | |
Commission dissolved |
Interpretation
“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 Election 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) a person who is duly nominated as a candidate for an electoral district in accordance with the Election Act by filing nomination papers with the returning officer for that electoral district following the issue of a writ of election,
(b) a person who is nominated by a constituency association of a registered party in an electoral district as the official candidate of such party in the electoral district, or
(c) a person who, on or after the date of the issue of a writ for an election in an electoral district, declares himself or herself to be an independent candidate at the election in the electoral district; (“candidat”)
“Chief Election Officer” means the Chief Election 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 for any political party, constituency association, candidate or leadership contestant by voluntary unpaid labour,
(b) any service actually performed for any political party, constituency association, candidate or leadership contestant by an individual voluntarily, so long as such individual does not receive from his or her employer or from any person, corporation or trade union pursuant to an arrangement with the individual’s employer, compensation in excess of that which he or she would normally receive during the period such service was performed, and
(c) any money, goods or services solicited by or donated to a political party, constituency association, candidate or leadership contestant for purposes other than the purposes set forth in subsections 10 (1), 11 (1), 13 (2) and 14 (1), respectively; (“contribution”)
“election” means an election to elect a member or members to serve in the Assembly; (“élection”)
“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”)
“person” includes a candidate 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 the election of a registered candidate, and “political advertisement” has a corresponding meaning; (“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 party” means a political party registered under this Act; (“parti inscrit”)
“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”)
“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.
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.
Contested constituency nominations
(3) This Act does not apply to contests in relation to contested constituency nominations for endorsation of official party candidates. R.S.O. 1990, c. E.7, s. 1 (3); 1998, c. 9, s. 51 (10).
Existing funds in trust
(4) This Act does not apply to,
(a) funds held in trust at 3 o’clock in the afternoon of the 13th day of February, 1975; and
(b) funds raised before the expiration of thirty days after the 13th day of February, 1975 by a fund-raising activity organized before that day that are placed in trust,
for the purposes of a constituency association or the future candidacy of any person at an election or a future election campaign of any person, but the trustee or trustees of each such trust shall,
(c) within sixty days after the 2nd day of May, 1975, report in writing to the Chief Election Officer the existence of such trust and the total amount of the funds therein;
(d) maintain the funds remaining in the trust from time to time on deposit with a financial institution that is lawfully entitled to accept deposits or in investments authorized for trust money by the Trustee Act;
(e) not permit funds or other property to be added to the trust other than interest on the amounts on deposit or the income from the investments referred to in clause (d);
(f) file with the Chief Election Officer on or before the 30th day of April in each year a report of the expenditures from the trust during the previous year and the trustee’s declaration that he or she has complied with the provisions of clauses (d) and (e); and
(g) when the trust is terminated, forthwith notify the Chief Election Officer thereof. R.S.O. 1990, c. E.7, s. 1 (4); 1998, c. 9, ss. 51 (11), 79.
Powers and Duties of Chief Election Officer
Powers and duties, publication, tabling
Powers and duties
2. (1) The Chief Election 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, candidates and leadership contestants 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 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 candidates and registered leadership contestants 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, candidates and leadership contestants 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;
(k) publish the guidelines provided under clauses (j) and (j.1),
(i) in The Ontario Gazette, and
(ii) on a web site on the Internet; and
(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 web site on the Internet. 1998, c. 9, s. 52; 1999, c. 7, Sched. A, s. 23 (1-6).
Internet publication
(2) Information published under subclause (1) (l) (ii) shall remain available for at least six years after the date of original publication. 1998, c. 9, s. 52.
Prohibition
(3) The addresses of contributors shall not be published under subclause (1) (l). 1998, c. 9, s. 52.
Annual report
(4) The Chief Election 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).
Recommendations to Speaker
(5) The Chief Election 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, candidates or political parties;
(b) changes in limits on campaign expenses that may be incurred during a campaign period by candidates or political parties;
(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, candidates, political parties and leadership contestants; and
(e) any other changes in monetary limits that the Chief Election Officer considers appropriate. 1998, c. 9, s. 52.
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.
Powers under Public Inquiries Act
3. For the purpose of carrying out any investigation or examination under this Act or the Taxpayer Protection Act, 1999, the Chief Election Officer has the powers of a Commission under Part II of the Public Inquiries Act, which Part applies to the investigation or examination as if it were an inquiry under that Act. 1998, c. 9, s. 52; 1999, c. 7, Sched. A, s. 23 (8).
4. Repealed: 1998, c. 9, s. 52.
5. Repealed: 1998, c. 9, s. 52.
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 Election 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, 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).
Information
7. (1) If information with respect to the affairs of a party, constituency association, candidate or leadership contestant that is registered under this Act is reasonably necessary for the performance of the Chief Election 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.
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 Election 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).
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 Election Officer. 1998, c. 9, s. 54.
Audit
8. The accounts and financial transactions of the Chief Election Officer in relation to this Act and the Taxpayer Protection Act, 1999 shall be audited annually by the Provincial Auditor. 1998, c. 9, s. 55; 1999, c. 7, Sched. A, s. 23 (11).
9. Repealed: 1998, c. 9, s. 55.
Registration of parties
10. (1) No political party and no person, corporation or trade union 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).
Qualifications for registration
(2) Any political party that,
(a) nominates candidates in at least 50 per cent of the electoral districts following the issue of a writ for a general election; or
(b) at any time other than during a campaign period and within one year of the Chief Election Officer making a determination under subsection (7) that the name of the political party and the abbreviation thereof, if any, is registrable, provides the Chief Election Officer with the names, addresses and signatures of 10,000 persons who,
(i) are eligible to vote in an election, and
(ii) endorse the registration of the political party concerned,
may apply to the Chief Election Officer for registration in the register of political parties. R.S.O. 1990, c. E.7, s. 10 (2); 1998, c. 9, s. 79.
Application for registration
(3) The Chief Election 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 Election 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 bank listed in Schedule I or II to the Bank Act (Canada), trust corporation or other financial institution in Ontario that is lawfully entitled to accept deposits to be used by the political party as the depositories for contributions made to that political party;
(i) the names of the political party signing officers responsible for each depository referred to in clause (h); and
(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. R.S.O. 1990, c. E.7, s. 10 (3); 1998, c. 9, s. 79.
Registration by Chief Election Officer
(4) On receiving an application for registration of a political party, the Chief Election 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.
Name of political party
(5) The Chief Election 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.
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 Election Officer in writing of the proposed change and, unless the Chief Election Officer determines that the proposed change is so significant as to constitute an entirely new name or abbreviation, the Chief Election 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 Election Officer in writing within thirty days of such alteration and, upon receipt of such notice, the Chief Election Officer shall vary the register of political parties accordingly. R.S.O. 1990, c. E.7, s. 10 (6); 1998, c. 9, s. 79.
Submission of name to Chief Election Officer
(7) A political party which intends to apply to the Chief Election Officer for registration under clause (2) (b) shall, prior to canvassing for signatures for the purpose, submit to the Chief Election Officer the full name of the political party and the abbreviation thereof, if any, and the Chief Election 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.
Reservation of name
(8) Where the Chief Election 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 Election 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.
Registration of constituency associations
11. (1) No constituency association of a registered party and no person, corporation or trade union 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).
Application for registration
(2) The Chief Election 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 Election 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 bank listed in Schedule I or II to the Bank Act (Canada), trust corporation or other financial institution in Ontario that is lawfully entitled to accept deposits 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.
Registration by Chief Election Officer
(3) On receiving an application for registration of a constituency association, the Chief Election 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.
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 Election Officer within thirty days of any such alteration and, upon receipt of any such notice, the Chief Election Officer shall vary the register of constituency associations accordingly. R.S.O. 1990, c. E.7, s. 11 (4); 1998, c. 9, s. 79.
Deregistration
Deregistration of parties and constituency associations, on application
12. (1) The Chief Election 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.
For non-compliance with certain provisions of Act
(2) The Chief Election Officer may deregister,
(a) a registered party where no registered constituency association of that party nominates a candidate at a general election or where the registered party fails to comply with subsection 10 (6) or 33 (3) or where the chief financial officer of the political party fails to comply with section 41 or 42; or
(b) a registered constituency association where the constituency association fails to comply with subsection 11 (4) or 33 (3) or where the chief financial officer of the constituency association fails to comply with section 41 or 42. R.S.O. 1990, c. E.7, s. 12 (2); 1998, c. 9, s. 79.
Notice of proposal to deregister
(3) Where the Chief Election 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).
Same
(4) Where the Chief Election 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).
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 Election Officer to review the proposal. 1998, c. 9, s. 58 (1).
Review
(4.2) On receiving the request, the Chief Election 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).
Same
(4.3) Following the review, the Chief Election 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).
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 Election Officer. R.S.O. 1990, c. E.7, s. 12 (6); 1998, c. 9, s. 79.
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 Election 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 Election Officer, who shall use them in carrying out his or her functions under this Act. 1998, c. 9, s. 58 (2).
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 financial 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 Election 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).
Registration of candidate
13. (1) Every candidate shall, prior to the polling day, file with the Chief Election Officer an application for registration under this Act. R.S.O. 1990, c. E.7, s. 13 (1); 1998, c. 9, s. 79.
Idem
(2) No person and no person, corporation or trade union 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).
Application for registration
(3) The Chief Election Officer shall maintain a register of candidates in relation to each election and, subject to this section, shall register therein any candidate that files an application for registration with the Chief Election Officer setting out,
(a) that the candidate,
(i) has been duly nominated in accordance with the Election Act, by filing nomination papers with the returning officer in an electoral district following the issue of a writ of election, together with the name of the electoral district,
(ii) has not been so nominated in accordance with the Election Act, but has been nominated by a constituency association registered under this Act and has enclosed with the application a statement to that effect by the chief financial officer of the constituency association, together with the name of the constituency association and the electoral district, or
(iii) has not been so nominated in accordance with the Election Act, but, after the issue of a writ for an election in an electoral district, has declared as an independent candidate at the election in that electoral district, together with the name of the electoral district;
(b) the full name and address of the candidate;
(c) the political party affiliation, if any, of the candidate;
(d) the address of the place or places in Ontario where records of the candidate are maintained and of the place in Ontario to which communications may be addressed;
(e) the name of the auditor and chief financial officer of the candidate;
(f) the names of all persons authorized by the candidate to accept contributions;
(g) the name and address of every bank listed in Schedule I or II to the Bank Act (Canada), trust corporation or other financial institution in Ontario that is lawfully entitled to accept deposits to be used by or on behalf of the candidate as the depositories for all contributions made to that candidate; and
(h) the names of the persons responsible for each depository referred to in clause (g). R.S.O. 1990, c. E.7, s. 13 (3); 1998, c. 9, s. 79.
Effective date of registration
(4) A candidate who files an application under subsection (3),
(a) prior to the issue of a writ for an election shall be deemed to be registered effective from the issue of the writ; and
(b) after the issue of a writ for an election shall be deemed to be registered on the day of filing. R.S.O. 1990, c. E.7, s. 13 (4).
Mailing of application deemed filing
(5) An application under subsection (3) may be filed with the Chief Election Officer by registered mail in which case it shall be deemed to be filed on the day it is mailed. R.S.O. 1990, c. E.7, s. 13 (5); 1998, c. 9, s. 79.
Where candidate withdraws, etc.
(6) Where a registered candidate withdraws his or her candidacy prior to polling day or fails to file nomination papers with the returning officer under the Election Act, or dies prior to polling day, the campaign period with respect to that candidate is deemed to expire on the day of the withdrawal of the candidacy, on nomination day or on the day of his or her death, whichever first occurs, and the chief financial officer for that candidate shall file with the Chief Election Officer the statement referred to in section 42 within sixty days after the expiration of the campaign period with respect to that candidate. R.S.O. 1990, c. E.7, s. 13 (6); 1998, c. 9, s. 79.
Variation of register
(7) Where any of the information referred to in clauses (3) (b) to (h) is altered, the candidate shall forthwith notify in writing the Chief Election Officer of any such alteration, and upon receipt of any such notice, the Chief Election Officer shall vary the register of candidates accordingly. R.S.O. 1990, c. E.7, s. 13 (7); 1998, c. 9, s. 79.
Registration of leadership contestant
14. (1) No person and no person, corporation or trade union 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).
Notice of leadership contest
(2) A registered party that proposes to hold a leadership contest shall file with the Chief Election 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).
Application for registration
(3) The Chief Election 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 bank listed in Schedule I or II to the Bank Act (Canada), trust corporation or other financial institution in Ontario 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).
Time for filing application
(4) An application under subsection (3) shall not be filed with the Chief Election Officer before the date of the official call of the leadership contest, and shall not be filed unless the registered party that proposes to hold the leadership contest has filed with the Chief Election Officer the statement referred to in subsection (2). 1998, c. 9, s. 59 (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 Election Officer of such alteration, and upon receipt of any such notice, the Chief Election Officer shall vary the register of leadership contestants accordingly. R.S.O. 1990, c. E.7, s. 14 (6); 1998, c. 9, s. 79.
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).
Inspection of information on file with Chief Election Officer
15. (1) All documents filed with the Chief Election Officer are public records and may be inspected by any person upon request at the offices of the Chief Election Officer during normal office hours. R.S.O. 1990, c. E.7, s. 15 (1); 1998, c. 9, s. 79.
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 Election Officer may determine. R.S.O. 1990, c. E.7, s. 15 (2); 1998, c. 9, s. 79.
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 Election Officer for purposes of commercial solicitation. R.S.O. 1990, c. E.7, s. 15 (3); 1998, c. 9, s. 79.
Contributions
Who may contribute
16. (1) Contributions to parties, constituency associations, candidates and leadership contestants registered under this Act may be made only by,
(a) persons individually;
(b) corporations that are not registered charities within the meaning of paragraph 248 (1) of the Income Tax Act (Canada); and
(c) trade unions. 1998, c. 9, s. 60.
How contributions of money to be made
(2) Money contributed to political parties, constituency associations, candidates or leadership contestants registered under this Act in amounts in excess of $25 shall be made only by,
(a) a cheque having the name of the contributor legibly printed thereon and drawn on an account in the contributor’s name;
(b) a money order signed by the contributor; or
(c) in the case of money contributed by an individual, the use of a credit card having the name of the individual contributor imprinted or embossed thereon. R.S.O. 1990, c. E.7, s. 16 (2).
Depositing of contributions
(3) All money accepted by or on behalf of a political party, constituency association, candidate or leadership contestant registered under this Act shall be paid into the appropriate depository on record with the Chief Election Officer. R.S.O. 1990, c. E.7, s. 16 (3); 1998, c. 9, s. 79.
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, 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 section 25 in respect of that contribution, return the contribution or an amount equal to the sum contributed. R.S.O. 1990, c. E.7, s. 17 (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, candidate or leadership contestant registered under this Act shall not be used or expended, but shall be paid over to the Chief Election Officer and become part of the funds of the Chief Election Officer to be used by the Chief Election Officer in carrying out its responsibilities under this Act. R.S.O. 1990, c. E.7, s. 17 (2); 1998, c. 9, s. 79.
Maximum contributions of persons, corporations and trade unions to parties, constituency associations and candidates
18. (1) The contributions a person, corporation or trade union makes to parties, constituency associations and candidates registered under this Act shall not exceed what is set out in the following rules:
1. To each party, $7,500, multiplied by the indexation factor determined under section 40.1 and rounded to the nearest dollar,
i. in any calendar year, and
ii. in any campaign period, as if it were a separate calendar year.
2. To each constituency association, $1,000, multiplied by the indexation factor determined under section 40.1 and rounded to the nearest dollar, in any calendar year, subject to paragraph 3.
3. To constituency associations of any one party, in any calendar year, an aggregate amount of $5,000, multiplied by the indexation factor determined under section 40.1 and rounded to the nearest dollar.
4. To each candidate, $1,000, multiplied by the indexation factor determined under section 40.1 and rounded to the nearest dollar, in any campaign period, subject to paragraph 5.
5. To candidates endorsed by any one party, in any campaign period, an aggregate amount of $5,000, multiplied by the indexation factor determined under section 40.1 and rounded to the nearest dollar. 1998, c. 9, s. 61.
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).
Contributor to contribute only funds belonging to contributor
19. (1) Subject to section 31, no person, corporation or trade union shall contribute to any political party, constituency association, candidate or leadership contestant registered under this Act funds not actually belonging to the person, corporation or trade union or 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 thereof. R.S.O. 1990, c. E.7, s. 19 (1).
Prohibition to accept contributions contrary to subs. (1)
(2) No political party, constituency association, 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).
Funds from federal parties
20. No political party, constituency association, 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 Election Officer. R.S.O. 1990, c. E.7, s. 20; 1998, c. 9, s. 79.
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, 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).
Amounts of $100 or less may be considered not a contribution
(2) The provision of goods or services to a political party, constituency association, candidate or leadership contestant registered under this Act in any year, excluding any campaign period or part thereof in that year, or in any campaign period, having a value, in the aggregate, of $100 or less may, at the option of the person, corporation or trade union providing such goods or services, be considered not to be a contribution for the purposes of this Act. R.S.O. 1990, c. E.7, s. 21 (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, 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).
Advertising as contribution
22. (1) Political advertising constitutes a contribution for the purposes of this Act if,
(a) it promotes a registered party or the election of a registered candidate;
(b) it is provided or arranged for by a person, corporation or trade union with the knowledge and consent of the party or candidate; and
(c) its value as determined under section 21 is more than $100. 1998, c. 9, s. 62.
Cost
(2) Clause (1) (c) applies to,
(a) a single campaign advertisement whose value is more than $100;
(b) two or more campaign advertisements whose aggregate value is more than $100, if they,
(i) appear during the same calendar year (excluding any campaign period) or during the same campaign period, and
(ii) are provided or arranged for by the same person, corporation or trade union. 1998, c. 9, s. 62.
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. 1998, c. 9, s. 62.
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, corporation, trade union, 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, corporation, trade union, 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, corporation, trade union, registered party or registered constituency association who is sponsoring or paying for the political advertisement. 1998, c. 9, s. 62.
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, corporation, trade union, registered party or registered constituency association who is causing it to appear; and
(b) any other person, corporation, trade union, registered party or registered constituency association who is sponsoring or paying for it. 1998, c. 9, s. 62.
Fund-raising activities
“fund-raising activity” means an event or activity held for the purpose of raising funds for the party, constituency association, candidate or leadership contestant registered under this Act by whom or on whose behalf the activity is held. 1998, c. 9, s. 63 (1).
Income to be reported
(2) The gross income from any fund-raising activity shall be recorded and reported to the Chief Election Officer by the chief financial officer of the party, constituency association, candidate or leadership contestant registered under this Act that held or on whose behalf the activity was held. 1998, c. 9, s. 63 (1).
Where charge may be considered not a contribution
(3) Where a charge by the sale of tickets or otherwise is made for a fund-raising activity, all or any portion of such charge, up to a maximum of $25, may, at the option of the registered party, constituency association, candidate or leadership contestant by whom or on whose behalf the activity was held, be considered not to be a contribution for the purposes of this Act. R.S.O. 1990, c. E.7, s. 23 (3); 1998, c. 9, s. 63 (2).
Where amounts to be considered contribution
(4) Any amount paid for goods or services, other than advertising services, offered for sale at a fund-raising activity 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. R.S.O. 1990, c. E.7, s. 23 (4); 1998, c. 9, s. 63 (3, 4).
Same, advertising
(5) Any amount paid for advertising services offered for sale in connection with a fund-raising activity shall be considered to be a contribution for the purposes of this Act. 1998, c. 9, s. 63 (5).
Collection of money at meetings
24. Where at a meeting held on behalf of or in relation to the affairs of a 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 Election Officer by the chief financial officer of the candidate, political party or association, as the case may be. R.S.O. 1990, c. E.7, s. 24; 1998, c. 9, s. 79.
Receipts
25. (1) Every political party, constituency association, candidate or leadership contestant registered under this Act shall issue or cause to be issued receipts as required by the Chief Election Officer for every contribution accepted. R.S.O. 1990, c. E.7, s. 25; 1998, c. 9, s. 79.
Return of forms
(2) A registered party or constituency association to which and a registered candidate or leadership contestant to whom the Chief Election Officer has issued official receipt forms shall return them, whether used or unused, to the Chief Election Officer immediately on receiving a written request to do so. 1998, c. 9, s. 64.
Group contributions
26. (1) Any contribution to a political party, constituency association, candidate or leadership contestant registered under this Act made through any unincorporated association or organization, except a trade union or an affiliated political organization in accordance with subsection (3), shall be recorded by the unincorporated association or organization as to the individual sources and amounts making up such contribution. R.S.O. 1990, c. E.7, s. 26 (1).
Copy to chief financial officer
(1.1) A copy of the record made under subsection (1) shall be provided to the chief financial officer of the person or entity receiving the contribution. 1998, c. 9, s. 65 (1).
Application of Act to amounts making up contribution
(2) The amounts making up a contribution under subsection (1) that are attributable to any person, corporation or trade union are contributions of such person, corporation or trade union for the purposes of this Act. R.S.O. 1990, c. E.7, s. 26 (2).
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).
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 Election Officer. R.S.O. 1990, c. E.7, s. 27; 1998, c. 9, s. 79.
Parties, etc., not to receive contributions in excess of limitations
28. No political party, constituency association or candidate registered under this Act and no person on its or his or her behalf shall knowingly accept any contributions in excess of the limits imposed by this Act. R.S.O. 1990, c. E.7, s. 28.
Prohibited contributions and transfers
Contributions prohibited from outside Ontario and to persons, etc., outside Ontario
29. (1) No political party, constituency association, candidate or leadership contestant registered under this Act shall directly or indirectly,
(a) knowingly accept contributions from any person normally resident outside Ontario, from any corporation that does not carry on business in Ontario or from a trade union other than a trade union as defined in this Act; or
(b) contribute or transfer funds to any political party, constituency association, 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 and any candidate at a municipal election under the Municipal Elections Act, except that “during an election” 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. R.S.O. 1990, c. E.7, s. 29 (1).
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).
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.
Trade unions check-off
31. Contributions of not more than 15 cents per month by any member of a bargaining unit represented by a trade union through payroll deductions shall not be considered contributions from a person for the purposes of this Act, but any amounts contributed to a political party, constituency association or candidate registered under this Act from such funds shall be deemed to be a contribution from the trade union. R.S.O. 1990, c. E.7, s. 31.
Who may accept contributions for candidate or leadership contestant
32. No contribution shall be accepted by a registered candidate or registered leadership contestant otherwise than through his or her chief financial officer or other person on record with the Chief Election Officer as authorized to accept contributions. R.S.O. 1990, c. E.7, s. 32; 1998, c. 9, s. 79.
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 Election Officer, shall appoint a chief financial officer. R.S.O. 1990, c. E.7, s. 33 (1); 1998, c. 9, s. 79.
of candidate or leadership contestant
(2) Every candidate and every leadership contestant who is applying for registration under this Act, before filing his or her application with the Chief Election Officer, shall appoint a chief financial officer. R.S.O. 1990, c. E.7, s. 33 (2); 1998, c. 9, s. 79.
Appointment of new chief financial officer
(3) Where the chief financial officer of a political party, constituency association, 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 Election 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.
Responsibilities
(4) The chief financial officer of a political party, constituency association, 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 Election 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.
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 or constituency association,
(i) in any year, excluding any campaign period all or part of which falls in that year, or
(ii) in any campaign period;
(b) on behalf of a registered candidate, in the campaign period;
(c) on behalf of a registered leadership contestant, in the leadership contest period. 1998, c. 9, s. 67.
Separate recording
(3) Contributions to which subclause (2) (a) (i) applies shall be recorded separately from those to which subclause (2) (a) (ii) applies. 1998, c. 9, s. 67.
Borrowing
35. (1) A political party, constituency association, candidate or leadership contestant registered under this Act may, if subsection (2) is complied with, borrow money from,
(a) a bank listed in Schedule I or II to the Bank Act (Canada) or any other recognized lending institution in Ontario; or
(b) a registered party or constituency association. 1998, c. 9, s. 68.
Report to Chief Election 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 Election Officer. 1998, c. 9, s. 68.
Prohibition, receiving loan
(3) No party, constituency association, candidate or leadership contestant registered under this Act shall receive any support in the form of a loan, except as provided in subsection (1). 1998, c. 9, s. 68.
Prohibition, receiving support in form of guarantee, etc.
(4) No party, constituency association, 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 person or entity that would be entitled to make a loan to the party, constituency association, candidate or leadership contestant under subsection (1); or
(b) a person, corporation or trade union that would be entitled to make a contribution under this Act. 1998, c. 9, s. 68.
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, candidate or leadership contestant registered under this Act. 1998, c. 9, s. 68.
Prohibition, giving guarantee, etc.
(6) No person or entity, other than a person, corporation or trade union that would be entitled to make a contribution under this Act, shall guarantee or provide collateral security for a loan to a party, constituency association, candidate or leadership contestant registered under this Act. 1998, c. 9, s. 68.
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.
Payment by guarantor as contribution
(8) A payment made by a guarantor in respect of a guarantee is not a contribution for the purposes of this Act, except that if the guarantor waives the right to recover the payment from the principal debtor, the amount to which the waiver applies is a contribution and is subject to the applicable limits in section 18. 1998, c. 9, s. 68.
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.
Blackout period
“blackout period” means,
(a) the period that begins when the writ of election is issued and ends on the 22nd day before polling day, and
(b) polling day and the day before polling day. 1998, c. 9, s. 69.
No political advertising during blackout period
(2) No party, constituency association or candidate registered under this Act, and no person, corporation or trade union, whether acting with or without the party’s, association’s or candidate’s consent, shall arrange for or consent to political advertising that appears during a blackout period. 1998, c. 9, s. 69.
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 Election 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.
Rates to be charged during election campaign
(6) During an election campaign, no person or corporation shall charge a party, constituency association or candidate registered under this Act, or any person, corporation or trade union acting with the party’s, association’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.
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 60 cents, multiplied by the indexation factor determined under section 40.1 and rounded to the nearest cent. 1998, c. 9, s. 70.
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 96 cents, multiplied by the indexation factor determined under section 40.1 and rounded to the nearest cent. 1998, c. 9, s. 70.
Number of electors
(3.2) In subsections (1) and (3), “number of electors” refers to the number of electors entitled to vote, as determined by the Chief Election Officer under the Election Act. 1998, c. 9, s. 70.
Increase for certain candidates
(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. In the case of an election campaign before the first federal readjustment as defined in the Representation Act, 1996 that takes place after January 1, 1999, the electoral districts listed in the Schedule to this subsection.
2. In the case of an election campaign after the federal readjustment mentioned in paragraph 1, the electoral districts listed in the Schedule then in effect, made by a regulation under subsection (3.5).
SCHEDULE
Kenora-Rainy River
Thunder Bay-Nipigon
Thunder Bay-Atikokan
Timmins-James Bay
Algoma-Manitoulin
Nickel Belt
Timiskaming-Cochrane
1998, c. 9, s. 70.
Applicable amount
(3.4) For the purpose of subsection (3.3), the applicable amount is $7,000, multiplied by the indexation factor determined under section 40.1 and rounded to the nearest dollar. 1998, c. 9, s. 70.
Replacement of Schedule
(3.5) When there is a federal readjustment as defined in the Representation Act, 1996, the Lieutenant Governor in Council may make a regulation replacing the Schedule to subsection (3.3), or the Schedule then in effect that is made by a regulation under this subsection, as the case may be, with a new Schedule listing the new electoral districts whose geographic area overlaps substantially the geographic area of the former electoral districts listed in the previous Schedule. 1998, c. 9, s. 70.
Same
(3.6) The regulation comes into force on the day the readjustment becomes effective under section 3 of the Representation Act, 1996. 1998, c. 9, s. 70.
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).
Foundation
39. (1) A political party shall, prior to filing an application for registration under this Act, establish a non-profit corporation as a foundation for the purposes of receiving and managing the assets, except the premises, equipment, supplies and other such property required for the administration of the affairs of the party, held by the political party immediately prior to filing such application and,
(a) all the assets of the foundation shall consist of deposits with The Province of Ontario Savings Office, a bank listed in Schedule I or II to the Bank Act (Canada) or a trust corporation registered under the Loan and Trust Corporations Act or shall be invested in investments authorized for trust money by the Trustee Act;
Note: On a day to be named by proclamation of the Lieutenant Governor, clause (a) is amended by the Statutes of Ontario, 2002, chapter 8, Schedule I, section 9 by striking out “The Province of Ontario Savings Office”. See: 2002, c. 8, Sched. I, ss. 9, 24.
(b) no funds or other property shall be received by or transferred to the foundation after the filing of an application for registration of that political party other than interest on the amounts on deposit or the income from investments referred to in clause (a); and
(c) the foundation shall file with the Chief Election Officer, on or before the 31st day of May in each year, a report of the expenditures of the foundation during the previous year. R.S.O. 1990, c. E.7, s. 39 (1); 1998, c. 9, s. 79.
Foundation funds not contributions
(2) Funds transferred by the foundation to a political party, constituency association or candidate are not contributions for the purposes of this Act but shall be recorded as to amount and source by the recipient of the funds. R.S.O. 1990, c. E.7, s. 39 (2).
Application
(3) Subsection (1) does not apply, and shall be deemed never to have applied, to a political party whose assets, at the time of application for registration under this Act, consist only of the premises, equipment, supplies and other such property required for the administration of the affairs of the political party. R.S.O. 1990, c. E.7, s. 39 (3).
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 Accountancy Act or a firm whose partners resident in Ontario are licensed under that Act and shall forthwith advise the Chief Election 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.
Note: On a day to be named by proclamation of the Lieutenant Governor, subsection (1) is amended by the Statutes of Ontario, 2004, chapter 8, section 46, Table by striking out “Public Accountancy Act” and substituting “Public Accounting Act, 2004”. See: 2004, c. 8, ss. 46, Table; 51 (2).
Idem
(2) Where an auditor appointed under subsection (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 candidate, leadership contestant, political party or constituency association, as the case may be, shall forthwith appoint another auditor licensed under the Public Accountancy Act or a firm whose partners resident in Ontario are licensed under that Act and shall forthwith advise the Chief Election 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.
Note: On a day to be named by proclamation of the Lieutenant Governor, subsection (2) is amended by the Statutes of Ontario, 2004, chapter 8, section 46, Table by striking out “Public Accountancy Act” and substituting “Public Accounting Act, 2004”. See: 2004, c. 8, ss. 46, Table; 51 (2).
Persons not eligible
(3) No returning officer, deputy returning officer or election clerk and no candidate, or leadership contestant, or chief financial officer of a candidate or leadership contestant, or chief financial officer of a registered party or constituency association shall act as the auditor for the 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 candidate or registered party or constituency association or leadership contestant. R.S.O. 1990, c. E.7, s. 40 (3).
Auditor’s report
(4) The auditor appointed under subsection (1) or (2) shall make a report to the chief financial officer of the 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).
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) or (2) shall have access at all reasonable times to all records, documents, books, accounts and vouchers of the 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).
Auditor’s subsidy
(7) The Chief Election Officer shall subsidize the cost of auditors’ services for political parties, constituency associations, 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) $1,200, multiplied by the indexation factor determined 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) $600, multiplied by the indexation factor determined under section 40.1 and rounded to the nearest dollar, and
(ii) the amount of the auditor’s account to the association;
(c) to the auditor of a candidate, the lesser of,
(i) $1,000, multiplied by the indexation factor determined 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) $800, multiplied by the indexation factor determined 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.
Indexation factor
40.1 (1) For the purposes of subsection 18 (1), subsections 38 (2), (3.1) and (3.4), and subsection 40 (7), the indexation factor is,
(a) in the five-year period consisting of the calendar years 1999 to 2003, 1;
(b) in each subsequent five-year period, beginning with the period consisting of the calendar years 2004 to 2008, the percentage change in the Consumer Price Index for Canada for prices of all items for the 60-month period ending October 31 of the last year of the previous five-year period, as published by Statistics Canada, rounded to the nearest two decimal points. 1998, c. 9, s. 72.
Publication
(2) As soon as possible after January 1, 2004, and as soon as possible after the beginning of every fifth calendar year after 2004, the Chief Election Officer shall publish, in accordance with subsection (3), statements of,
(a) the indexation factor for the current five-year period;
(b) all applicable amounts for the current five-year period under subsection 18 (1), subsections 38 (2), (3.1) and (3.4), and subsection 40 (7). 1998, c. 9, s. 72.
Same
(3) The statements shall be published,
(a) in The Ontario Gazette; and
(b) on a web site on the Internet. 1998, c. 9, s. 72.
Two five-year periods
(4) If a campaign period falls partly in one five-year period 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. 1998, c. 9, s. 72.
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 the 31st day of May in each year, file with the Chief Election 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, in the case of a political party, the income and expenses relating to an election received or incurred in a campaign period and, in the case of a constituency association, all income and expenses received or incurred in a campaign period; and
(c) setting out all the information required to be recorded under subsection 34 (1) for the previous year, excluding such information that relates to a campaign period,
of the political party or constituency association for which the chief financial officer acts, together with the auditor’s report thereon as required by subsection 40 (4). R.S.O. 1990, c. E.7, s. 41; 1998, c. 9, s. 79.
Report to Chief Election 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. 1998, c. 9, s. 73.
Filing of other financial statements
Filing of financial statement relating to campaign period
42. (1) The chief financial officer of every political party, constituency association and candidate registered under this Act shall, within six months after polling day, file with the Chief Election Officer a financial statement,
(a) in the case of a political party, of the income and expenses relating to the election received or incurred in the campaign period and in the case of a constituency association or candidate, 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 political party, constituency association or candidate for which the chief financial officer acts, together with the auditor’s report thereon as required by subsection 40 (4). R.S.O. 1990, c. E.7, s. 42 (1); 1998, c. 9, s. 79.
By-elections
(2) In relation to a by-election, subsection (1) applies only to registered political parties and constituency associations that received contributions or made expenditures in relation to such by-election, and to registered candidates at such by-election. R.S.O. 1990, c. E.7, s. 42 (2).
Where general election called
(3) Where writs for a general election are issued during a campaign period relating to a by-election, the campaign period relating to such by-election shall, for the purposes of subsection (1), 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 subsection (1) shall be filed with the Chief Election Officer within three months after the deemed termination of the campaign period. R.S.O. 1990, c. E.7, s. 42 (3); 1998, c. 9, s. 79.
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.
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.
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 Election Officer. R.S.O. 1990, c. E.7, s. 43 (1); 1998, c. 9, s. 79.
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 (2); 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 section 42, together with the auditor’s report thereon as required by subsection 40 (4),
the Chief Election 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.
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 Election 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 Election 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.
Public Funding of Candidate and Party Expenses
Reimbursement
Partial reimbursement of campaign expenses
44. (1) Every registered candidate who receives at least 15 per cent of the popular vote in his or her electoral district is entitled to be reimbursed by the Chief Election 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).
Increase for certain candidates
(2) In relation to candidates in electoral districts listed in the Schedule to subsection 38 (3.4), the amount determined under subsection (1) shall be increased by the applicable amount determined under subsection 38 (3.5). 1998, c. 9, s. 75 (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 Election 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).
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 Election Officer. R.S.O. 1990, c. E.7, s. 44 (5); 1998, c. 9, s. 79.
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 income and expenses with the Chief Election 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 Election Officer for the aggregate amount determined by multiplying 5 cents by the number of electors entitled to vote, as certified by the Chief Election 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.
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 Election Officer is satisfied that such statements meet the requirements of this Act. 1998, c. 9, s. 75 (4).
Interim payment to party
(7.1) The Chief Election 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).
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).
Readjustment of Electoral Districts
New constituency associations due to readjustment
44.1 (1) This section and section 44.2 apply when there is a federal readjustment as defined in the Representation Act, 1996. 1996, c. 28, s. 3.
Definitions
(2) In this section and in section 44.2,
“anniversary date” means the first anniversary of the proclamation date; (“date d’anniversaire”)
“new”, when used in connection with electoral districts or constituency associations, refers to the electoral districts deemed to be established under the Representation Act, 1996 as a result of the federal readjustment and to their constituency associations; (“nouvelle”)
“old”, when used in connection with electoral districts or constituency associations, refers to the electoral districts that existed before the federal readjustment and to their constituency associations; (“ancienne”)
“proclamation date” means the proclamation date of the draft representation order under the Electoral Boundaries Readjustment Act (Canada). (“date de la proclamation”) 1996, c. 28, s. 3.
Registration of new constituency associations
(3) After the proclamation date, the Chief Election Officer shall register new constituency associations in the register mentioned in subsection 11 (2). 1996, c. 28, s. 3; 1998, c. 9, s. 79.
Formal requirements of application
(4) The Chief Election 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 Election Officer, indicating the approval of the registered political party concerned. 1996, c. 28, s. 3; 1998, c. 9, s. 79.
Automatic dissolution of old associations
(5) Except for the purposes of this section, every old constituency association is dissolved on,
(a) December 31, 2006; or
(b) the day the Legislature is dissolved, if it is dissolved on a day that falls before December 31, 2006. 2004, c. 14, s. 1 (1).
Earlier dissolution at party’s request
(6) The Chief Election Officer shall, if the registered political party concerned so requests in writing, make an order dissolving an old constituency association as of a specified date before December 31, 2006. 2004, c. 14, s. 1 (1).
Assets and liabilities
(7) Every old constituency association shall transfer its assets and liabilities to one or more new registered constituency associations, to the registered political party concerned or to both, subject to any written direction by the registered political party concerned,
(a) in the case of dissolution under clause (5) (a) or under subsection (6), before it is dissolved;
(b) in the case of dissolution under clause (5) (b), within 10 days after being dissolved. 2004, c. 14, s. 1 (1).
Filing of direction
(8) A direction referred to in subsection (7) shall be filed with the Chief Election Officer. 1996, c. 28, s. 3; 1998, c. 9, s. 79.
Authority to act on party’s behalf
(9) Each registered political party shall provide the Chief Election Officer with a document identifying the person or persons who have authority to perform the functions referred to in subsections (4), (6) and (7). 1996, c. 28, s. 3; 1998, c. 9, s. 79.
Report
(10) Within 90 days after being dissolved, every old constituency association shall file with the Chief Election Officer a statement setting out the assets and liabilities it still held, if any,
(a) on the day it was dissolved, in the case of dissolution under clause (5) (a) or under subsection (6);
(b) on the 11th day after being dissolved, in the case of dissolution under clause (5) (b). 2004, c. 14, s. 1 (2).
Deemed transfer to party
(11) Any assets and liabilities that an old constituency association still held on the day referred to in clause (10) (a) or (b), as the case may be, are deemed to have been transferred to the registered political party on that day; the party may then transfer them to its new constituency associations as it sees fit. 2004, c. 14, s. 1 (2).
Combining filings
(12) The Chief Election Officer may allow an old constituency association to combine any reports and statements required to be filed under this Act with the previous calendar year’s reports and statements. 1996, c. 28, s. 3; 1998, c. 9, s. 79.
Postponing filings
(13) The Chief Election Officer may allow a new constituency association to postpone the filing of any reports and statements required under this Act until the end of the following calendar year. 1996, c. 28, s. 3; 1998, c. 9, s. 79.
By-election during transition period
44.2 (1) If a writ is issued for an election in an old electoral district after a registered constituency association has been dissolved under section 44.1, but before the first dissolution of the Legislature that occurs after the anniversary date, the registered political 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. 1996, c. 28, s. 3.
Application of Act
(2) With respect to the campaign period, this Act applies to the provisional constituency association, designated constituency association or registered political party, as the case may be, as if it were a registered constituency association for the electoral district. 1996, c. 28, s. 3.
Same, campaign expenses
(3) Without limiting the generality of subsection (2), a registered political party that conducts an electoral campaign directly is entitled to incur campaign expenses under subsection 38 (2), to the same extent as a constituency association, in addition to its expenses under subsection 38 (1). 1996, c. 28, s. 3.
44.3 Spent: 1996, c. 28, s. 3.
Note: The transitional period began on January 1, 1997 and ended on May 5, 1999.
Forms
45. All applications, returns, statements, balance sheets and other documents required to be filed with the Chief Election Officer shall be filed in the form prescribed therefor by the Chief Election Officer. R.S.O. 1990, c. E.7, s. 45; 1998, c. 9, s. 79.
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.
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.
General offence
48. A person, political party or constituency association 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.
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 Election Officer under this Act. R.S.O. 1990, c. E.7, s. 50; 1998, c. 9, s. 79.
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, vicarious liability
Style of prosecution of party, constituency association or union
52. (1) A prosecution for an offence under this Act may be instituted against a political party, constituency association or trade union in the name of the political party, constituency association or trade union and for the purposes of any such prosecution, a political party, constituency association or trade union shall be deemed to be a person. R.S.O. 1990, c. E.7, s. 52 (1).
Vicarious responsibility
(2) Any act or thing done or omitted by an officer, official or agent of a political party, constituency association or trade union within the scope of his or her authority to act on behalf of the political party, constituency association or trade union shall be deemed to be an act or thing done or omitted by the political party, constituency association or trade union. R.S.O. 1990, c. E.7, s. 52 (2).
Consent of Chief Election Officer
53. (1) No prosecution shall be instituted under this Act without the Chief Election Officer’s consent. 1998, c. 9, s. 77.
Limitation
(2) No prosecution shall be instituted more than two years after the facts on which it is based first came to the Chief Election Officer’s knowledge. 1998, c. 9, s. 77.
Commission dissolved
54. (1) The Commission on Election Finances is dissolved. 1998, c. 9, s. 78.
Chief Election Officer in place of Commission
(2) The Chief Election Officer stands in the place of the Commission for all purposes. 1998, c. 9, s. 78.
Same
(3) Without limiting the generality of subsection (2),
(a) all the assets and liabilities of the Commission pass to the Chief Election 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 Election Officer’s knowledge. 1998, c. 9, s. 78.
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