Election Finances Statute Law Amendment Act, 2016 Naqvi, Hon. Yasir Attorney General — Bill 201 (41st Parliament, 1st Session)

Bill 201, 41-1

Ontario — Bills

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Bill 201, Election Finances Statute Law Amendment Act, 2016

Naqvi, Hon. Yasir Attorney General

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[41] Bill 201 Original (PDF)

Bill 201 2016

An Act to amend the

Election Finances Act and the Taxation Act, 2007

Her

Majesty, by and with the advice and consent of the Legislative Assembly of the

Province of Ontario, enacts as follows:

Election Finances Act

(1) The

definition of "contribution" in subsection 1 (1) of the Election

Finances Act is repealed and the following substituted:

"contribution"

does not include,

(

a) any

goods produced for any political party, constituency association, nomination

contestant, candidate or leadership contestant by voluntary unpaid labour,

(

b) any

service actually performed for any political party, constituency association, nomination

contestant, 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, nomination contestant, candidate or leadership contestant

for purposes other than the purposes set forth in subsections 10 (1), 11 (1),

12.1 (1), 13 (2) and 14 (1), respectively; ("contribution")

(2) Subsection 1 (1) of the Act is amended

by adding the following

definitions:

"nomination

contestant" means a person seeking endorsement as an official party candidate

for an electoral district; ("candidat à l'investiture")

"nomination contest period" means, with respect to a

nomination contestant, the period that begins when the contestant first

receives or spends funds for the purpose of achieving the endorsement, and ends

when the candidate for the electoral district is selected; ("période de course

à l'investiture")

(3) The

definition of "person" in subsection 1 (1) of the Act is repealed and the following

substituted:

"person"

includes a nomination contestant, a candidate and a leadership contestant, but

does not include a corporation or trade union; ("personne")

(4) The definition of "political

advertising" in subsection 1 (1) of the Act is repealed and the following

substituted:

"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 includes advertising that takes a

position on an issue with which a registered party or candidate is associated

and "political advertisement" has a corresponding meaning, but for greater

certainty does not include,

(

a) the

transmission to the public of an editorial, a debate, a speech, an interview, a

column, a letter, a commentary or news,

(

b) the

distribution of a book, or the promotion of the sale of a book, for no less

than its commercial value,

(

c) the

transmission of a document directly by a person or a group to their members, employees

or shareholders, as the case may be,

(

d) the

transmission by an individual, on a non-commercial basis on the Internet, of

his or her personal political views, or

(

e) the

making of telephone calls to electors only to encourage them to vote; ("publicité

politique", "annonce politique")

(5) Subsection 1 (1) of the Act is amended

by adding the following definition:

"registered

nomination contestant" means a nomination contestant registered under this Act;

("candidat à l'investiture inscrit")

(6) Subsection 1 (3) of the Act is

repealed.

2. (1) Clause

2 (1) (

a) of the Act is amended by adding "nomination contestants" after

"constituency associations".

(2) Clause 2 (1) (

b) of the Act is amended

by adding "registered nomination contestant" after "constituency association".

(3) Clause 2 (1) (

d) of the Act is amended

by adding "registered nomination contestants" after "registered constituency

associations".

(4) Clause 2 (1) (

j) of the Act is amended

by adding "nomination contestants" after "constituency associations".

(5) Clauses 2 (5) (

a) and (

b) of the Act

are repealed and the following substituted:

(

a) changes

in limits on contributions to registered constituency associations, nomination

contestants, candidates, political parties or leadership contestants;

(

b) changes

in limits on campaign expenses that may be incurred during a relevant period by

candidates, political parties, nomination contestants or leadership

contestants;

(6) Clause 2 (5) (

d) of the Act is amended

by adding "nomination contestants" after "constituency associations".

Section

6 of the Act is amended by adding "nomination contestant" after "constituency

association".

4. Subsection

7 (1) of the Act is amended by adding "nomination contestant" after

"constituency association".

5. Subsection

10 (1) of the Act is amended by striking out "no person, corporation or trade

union" and substituting "no person, organization or entity".

6. Subsection

11 (1) of the Act is amended by striking out "no person, corporation or trade

union" and substituting "no person, organization or entity".

7. The

Act is amended by adding the following section:

Nomination

contestants

12.1

(1) No

person and no person, organization or entity acting on behalf of that person

and no political party or any of its associations or organizations acting on behalf

of that person shall accept contributions for the candidacy of that person in a

contest related to seeking endorsement as an official party candidate unless

that person is a nomination contestant registered under this Act.

Notice

of nomination contest

(2) A registered party or registered

constituency association that proposes to hold a nomination contest shall file

with the Chief Electoral Officer a statement setting out the date of the official

call of the nomination contest and the date fixed for the vote.

Application

for registration

(3) The Chief Electoral Officer shall

maintain a register of nomination contestants in relation to each nomination

contest and, subject to this section, shall register in it any nomination contestant

who files an application for registration with the Chief Electoral Officer setting

out,

(

a) the

full name of the nomination contestant;

(

b) the

address of the place or places in Ontario where records of the nomination

contestant are maintained and of the place in Ontario to which communications

may be addressed;

(

c) the

party affiliation of the nomination contestant;

(

d) the

names of the principal officers, including the chief financial officer of the

nomination contestant and the auditor, if any;

(

e) the

names of all persons authorized by the nomination contestant to accept

contributions;

(

f) the

name and address of every financial institution that is lawfully entitled to

accept deposits to be used by or on behalf of the nomination contestant as the

depositories for all contributions made to that nomination contestant; and

(

g) the

names of the persons responsible for each depository referred to in clause (f).

Deemed

registered on day of filing

(4) A nomination contestant who files an

application under subsection (3) shall be deemed to be registered on the day of

filing.

Variation

of register

(5) Where any of the information referred

to in clauses (3) (

b) to (

g) is altered, the nomination contestant shall

promptly notify in writing the Chief Electoral Officer of the alteration and,

upon receipt of the notice, the Chief Electoral Officer shall vary the register

of nomination contestants accordingly.

Contestant's

funds considered contribution

(6) Any money used for a registered

nomination contestant's campaign out of the contestant's own funds shall be

considered to be a contribution for the purposes of this Act and every

registered nomination contestant shall submit to his or her chief financial

officer a statement in writing setting forth all nomination contest expenses

paid or to be paid out of the contestant's own funds, together with all

receipts and claims therefor, within three months after the date that a

candidate is selected.

Surplus

funds

(7) Where, after the candidate is selected

for the electoral district, there is a surplus in the funds raised for the

purposes of the nomination contestant's campaign, the contestant shall pay the

funds over to the relevant constituency association, except that if the

nomination contestant is selected as the candidate for the electoral district,

he or she may pay the funds into his or her depository for contributions as a

candidate.

8. Subsection

13 (2) of the Act is amended by striking out "and no person, corporation or

trade union" and substituting "and no person, organization or entity".

9. (1) Subsection

14 (1) of the Act is amended by striking out "no person, corporation or trade

union" and substituting "no person, organization or entity".

(2) Section

14 of the Act is amended by adding the following subsections:

Requirement

to register

(2.1) When the post of leader of a party

has become vacant, a person who is seeking election as leader of the registered

party is required to register under this

section even if the party has not

filed a statement under subsection (2).

When

seeking election

(2.2) For the purposes of subsection (2.1),

a person is deemed to be seeking election as leader of a registered party as

soon as the person or a person, organization or entity acting of the behalf of

the person incurs expenses for goods or services in relation to a leadership contest

or accepts contributions in relation to a leadership contest.

(3) Subsection 14 (4) of the Act is

repealed.

10. (1) Subsection

16 (1) of the Act is repealed and the following substituted:

Contributions

Who

may contribute

(1) Contributions to parties, constituency

associations, nomination contestants, candidates and leadership contestants registered

under this Act may be made only by persons individually.

(2) Subsection 16 (2) of the Act is amended

by adding "nomination contestants" after "constituency associations" in the

portion before clause (a).

11. (1) Subsection

17 (1) of the Act is amended by adding "nomination contestant" after

"constituency association".

(2) Subsection 17 (2) of the Act is amended

by adding "nomination contestant" after "constituency association".

12. (1) Subsection

18 (1) of the Act is repealed and the following substituted:

Maximum

contributions

Registered

parties

(1) The contributions a person makes to any

one registered party shall not exceed, in a calendar year, $ 1,550, multiplied

by the indexation factor determined for the calendar year under

section 40.1

and rounded to the nearest dollar.

Constituency

associations, nomination contestants

(1.1) The contributions a person makes to

registered constituency associations and registered nomination contestants of

any one registered party shall not exceed the following in a calendar year:

1. $1,550

to any one constituency association or nomination contestant, multiplied by the

indexation factor determined under

section 40.1 for the calendar year and

rounded to the nearest dollar.

2. $3,100

in total to the constituency associations and nomination contestants of the

party, multiplied by the indexation factor determined under

section 40.1 for

the calendar year and rounded to the nearest dollar.

Candidates

of party

(1.2) The contributions a person makes to

registered candidates of any one registered party shall not exceed the

following in a campaign period:

1. $1,550

to any one candidate, multiplied by the indexation factor determined u

Document details

Collection	Ontario — Bills
Citation	Bill 201, 41-1
Type	bill
Volume / chapter	p41 s1 bill 201 html
Language	en
Format	html
Source	PROVINCIAL
Identifier	4c21f5bc3819138b090705af9d513cb480ba8ee8

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