Bill 24 — The Election Fin~Ances and Co'N1R18Ut'Ions ;Disctosure Act (Legislature 18, Session 3)

L18 S3 5726

Alberta — Bills

1977 Bi:H 24 Th1rd Session, 18th Legislature, 26 E:Iizabeth II THE LEGISLATIVE ASSEMBLY OF ALBERTA BILL 24 THE ELECTION FIN~ANCES AND CO'N1R18UT'IONS ;DISCtOSURE ACT MR. CHAM13.ER.S First Reading Second Reading ............................. Third Reading .............................. PrInted by the Queen's PrInter for the ProvInce of Alberta, EDMONTON

Bill 24 Mr. Chambers BILL 24 1977 THE ELECTION FINAN'CES AND 'C:ONTRIBUnO'NS DISCtOSURE ACT (Assented to , 1977) HER MAJESTY, by and with the advice and consent O'f the Legis}ative Assemhly of Alberta, enacts as follows: 1.

(1) In th1is Act, (a) "hroadc 'as1Jing undertaking" means a broadcasting undertaking as defined in the Broadcasting Act ( Oanada) ; (b) "by-'el~ction" means an election other than a gen er~l election; (c) "campaign period" means the period commencing with the issue of a writ for an election and termi nating fO'ur months after polling day; (d) "c'andidate" me1ans a person (

i) who is elected to' S'erve in the Assembly, or (ii) whO' is nominated as a candidate for an elec riJO'ral division in 'accordance with The Election Act, 'Or (Hi) who is nominated by a constituency association of a registered party in an elecrboral division for endor'Slation as the official candidate of that party in the electo~ral division, or (iv) whO', on or after the date of the issue of a writ for an election in an electoral division, declares himseflf to be an independent candidate at the election in the elector:al division; (e) "constituency association" with reference to an electoral division means the aJssociation or or~ni z'aJtion endorsed by a regi'srtered party as the of ficial association of that party in the electm"al division; (f) "contribution" means any money 'Or real or per sonal property that is provided (

i) to a poHti'cal party, constituency associati'On 'Or candidate, 'Or

Explanatory Note Genera[: '.Dhis Bil!l will require puhLi:c disclosure of the amounts of contributions received by political parties, constituency as'Soda ti!OI1!S and candidates and of ,the identity of major contriibutors. It will also require disdosrure of all expenditures from the contribu tions collected. The Bill will impose limits on the amount 'M individual contribu tions which may be made. The Bill also contains consequential amendments ito The Alberta Income Tax Act Which will permit de ductions from the amount of provincial iI1'come tax payalble on the basis or! po[itical contriibutions made by the taxpayer. I.

Interpretation.

(ii) for the benefit of a poUtiCiaI party, consti tuency associ'ation or candidate with its or his consent, without compensation from that political party, constituency associiation or candidate; (g) "election" moo-ns an election to elect a memher to serve in the Assembly; (h) "employe,e organization" means any organiz,ation other than a trade union that bargains collectively for any employees in AI'berta and for the purposes of this Aot all bI'ianches in Allberta of an employee organization are deemed to' be one organization; (i) "financi'al insitlitwtion" m'e1ans a chartered bank, a tr~asury branch, a credit uni'on, a trust company regi'stered under The Trust Companies Act or any corpor'aitiQn designated as an approved corporation under The Trustee Act that isexpres,s:ly empowered by statute to' accept money for deposit; (j) "general election" means an electIon in respect of which election writs are issued for elections in all electoral divis[ons; (k) "person" includes a candidate but does not include a corporr'aitiQn, employee orwanization or trade union; (1) "polling day" means the day fixed pursuant to The Election Act for voting at an election; (m) "registered candidate" means a candidate regis tered under this Act; (n) "registered cO'nstituency alssociation" means a con stituency ,assO'ciation registered under this AClt; ( 0) "registered party" means a po1i'tical party regis tered under this Act; (p) "revised list of electors" with reference to any electoral division means the revised list Qf electors certified by the returning officer of that eleotnral division under The Election Act; (q) "trede union" means a tr'ade union as defined by The Alberta Labour Act, 1973 or the Canada Labour Code, 'and that holds bargaining rights for employees in Alberta and for the purposes of this Act all l'Oml's in Alberta of a trade union are deemed to' be Qne trade union.

(2) Corporations that are associated with one another under 'Section 256 of the Income ITax Act (Canada) shall be considered as a single cQrporrati'On for the purposes of this Act but in determining whether and Bit what time corporations are associated for the purpo:s'es Qf this Act,

section 256, ,suibsection (1) of the Income Tax Act (Can ada) shall be read as thQugh the words "at any time in the year" were 'struck out. 2

(3) Nothing done or omitted to be done by a corpora tion is a c'Ontravention of this Act solely beC'ause tha;t corporation subsequently becomes associ'aliled with any other corporati'on . . 2.

(1) This Act does n'Ot apply to campaigns and c'On ventions carried on Q1r held in re}ati'On to the leadership of any registered party or in relartion to c'Onstituency asso ciati'On nominati'Ons f'Or endors!ati'On of official plarty c1andi dates.

(2) Except as provided in subsecti'On (3), this Act does not apply to funds of a constituency associati'On ('

a) held in trust at the commencemenrt of this section, 'Or (

b) raised not more than 30 days after the commence ment Q1f this

section at or in connection with a fund-raising function organized becfore the com mencem'ent Q1f this

section and that are placed in trust, for the purposes of the constituency as'Soci~.;mon or the future candidacy 'Of any person at an el'ecti'On or a future election oomp!aign of any perslon.

(3) The trustee or trustees of each trust referred to in subsection (2) (

a) shall, within 60 days after the c'Ommencement of this seCition, repQlrt in writing to the Chief Elec toral Officer the existence of any trust the value of which exceeds $2,500, (

b) shall m1aintain the funds remaining in the trust from time to time on depos'it with a financi'aJ insti tution or invest those funds in authorized trustee investments under The Trustee Act, (

c) shiall not permit funds or other property to be added to the trust other than interest on the amounts 'On deposlit or the income from the invest ments referred to in clause (b), (

d) sh:all file witbh the Chief Elector:al Officer on or before the list day 'Of April next following the commencement 'Of this

section and on or before the 1st day of April in e'aClh yelar thereafter a report of the expenditures or transfers from the trust during the pr'evious year and a sm,tutory declara tion of clompUance wi'th the provis1ions of clause (

b) and (c), and (

e) when the trust is terminated, shall forthwith notify the Chief Electoral Officer of that f'act. 3

2. Application. 3

PART 1 THE CHIIE:F ELECTORAL OfFICE:R 3. ( 1 ) The Chief E'looboral Officer, in addition to his other powers and duties under this Act and The Election Act, ('

a) m1ay eXlamine all finandal statements required to he filed with the Chief EleCitor"al Officer; (

b) may inquire into or conduct periodic investigations of the financial affaJirs and records of (

i) registered parties and constituency associa tions, and (ii) registered clandidJates in r~}ation to election campaigns; (

c) shall pTescribe forms necess1ary for use undeT this Act and provide for their printing and distribution.

(2) The Chief Eleotoral Officer shall a£ter the end of each year prepare a report on the exercise of his functions under this Act and shall transmit the report to the Sp1eaker of the Legisl1ative Assembly who shalII thereupon lay the report before the Assembly if it is then sittbing OT, if it is not then sitting, within 15 d~ys after the com,mencement of the next ensuing sitting of the As'sembly. 4.

(1) For the purpose of carryting out an inquiry or conducting ~n ex:amination under this Act, the Chief Elec toral Offi'Cer has all the powers of a commiissioner under The Public Inquiries Act as though the inquiry or examina tion were an inquiry under that Act.

(2) For the purpose of carrying out an inquiry or con ducting an examination undeT this Act, a representative of the Chief Electoral Officer, upon production of his authorization from the Chief Electoral Officer, may at any reasonable time enter any premises referred to in the authorization in which books or documents of a pol'it ieal party, consti1tuency wssociation or candidate relevant to the subject-matter of the inquiry or examination are kept and may examine and make copies of the books or documents or remove them temporarily for the purpose of making copies. ( 3) Any infiormation with respect to the affairs of a regis1tered party, registeTed consltiituencyassoci1wtion or re gis:tered candidate that i'8 reasonahly required by the Chief Electoral OfficeI' in the cours'e of his duties under this Act shall be provided by the regi'8itered party, constituency association or cand!id~te within 30 days aft,ecr receiving a written request therefor from the Chief Electoral Officer OT within such extended period as the Chief Elel0toral Of ficer may determine. 4

3. Duties of the Chief 'Electoral Officer. 4. Power of Chief Electora'l Officer to investigate. 4'

(4) All records of a registered party, registered consti tuency associ~tion or registered candidate shall be retained by that registered p1arty, regisibered constituency associa tion or register'ed ciandidate for a period of two years following the date upon which the financial statements required under this Act for the period to which the reco'rds reliate were required to be fi~ed. 5

PART 2 REG I STRATI O'N 5. ( 1 ) N 10 political party and no person acting fQr the political party mlay a'ccept c'Ontributions f'Or the political party 'Or for any (!IOll'stiituency 'ass'Oci!aiJi'On 'Of that p1arty un less the politiCial party is registered under this Act.

(2) Any p'Olitical party that (

a) held a minimum of ,three seats in the As;sembly following the most recent electi'On, lOr (

b) endorsed candidates nQminated in at least 50 per cent 'Of the electorial divisions in the most recent general 'el'ectiQn, 'Or (

c) endQrses candidates in at least 50 per cent 'Of the electJorl3Jl divisi'Qns fQllowing the issue 'of a writ of e}ecti'On f'Or a gener/al election, 'Or (

d) at any time, Qrbher than during a campaign period, prQvide's the Chief Electoral Officer with the names, addresses and signatures 'Of perSQns whO' (

i) represent three-tenths 'Of 1 per cent of the number Qf elect'Orseligihle to' vote at the last general electi'On, (ii) ar,e c:urrenrtlyeligible tQ vote in an election, and (iii) request the registration 'Of tbhJat p'Oliitic'al p'arty, is, subject tQ subsection (3), qualified for registratiQn in the register of political parties.

(3) A politic:al party shall nQt be regi,s,tered under this A'CIt unless the Chief Elecwral Officer is siatdsfi-ed that priQr tQ filing an 'applicatiQn f'Or registratiQn the party has established a non-profitc:'Orporation 'Or trust as a found atiQn f'Or the purposes of receiving and managing the assets, except the premises, equipment, ,supplies 'amd 'Other such property required for the administration 'Of the affairs of the party, held by the politiClaJI party immediately pri'Or to filing the applic'atiQn. ( 4) ~he 'assets 'Of 'a fQundati'On established under sub sectiQn (3) shall consist 'Of either funds 'On depo'sit with a financial institution 'Or authorized trU's,tee inves,tmen~s under The Trustee Act.

(5) No funds 'Or 'Other property may be received by 'Or transferred t'O 'a foundJation after the filing of Ian application fQr registrati'On 'Of the pollitic:al party which established the fQundati'On except f'Or interest 'On the funds 'On deposit 'Or the income frQm the auth'Orized trustee investments referred to in subsecti'On (4). ( 6) Each f'Oundati'On shall file wirth the Chief glootoral Officer, 'On 'Or bef'Ore the 1st day 'Of April ne~ f'Ollowing the c'Ommencement of thi's slectionand on lOr before l the 1st day Qf April in each year thereafter, a report of the expendi tures of that fQundati'On during the previous year. 6

5. Qualifications for registration of pol'it!ical parties. 6

6. ( 1 ) The Chief Electoral Off:ieer shall maintain a register .of political parties and, subject to this :section, shall register therein 'any pDli tieal party that is qualified to be registeTed and that fHes with him an applica,tion for regis tration setting out (

a) the full name of the politic'al party; (

b) the pDlitical p1arty name Dr the ahbreviatliDn the'reDf to be sh10wn in electiDn documents; (

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

d) the address nf the place Dr places where records of the pOlitical party are mainta:ined and of the p~ace to whicheommunications may be addressed; (

e) the names .of the prinClipnl officers of the P.olitical piarty; (

f) the name 'Of ,the chief financial 'Officer '.of the poili tieal party; (

g) the nam1e and address .of the financial institutions to' be us:ed by the political party las depositoraes £lor contributions made t.o that pO'litical party; (

h) the names of the pDliticnl party's signing officers resp'Onsible for each deposifury referred to in clause (g) ; (

i) an indieati.on of the provision of sectiDn 5, subsec tion (2) under which the politiCial party quwl'ified f'Or registrr"ation; (

j) a statement .of the assets and liabiJities 'Of the p(jlitical party 'as .of a date, not earlier than 90 days priO'r tD the date of iif:ls 'app:lication fDr registratiDn atte'sted by its chief financial .officer. (2.) Upon receipt .of an lapplication for registration of a pDlitical party, the Chief Electoral Officer shall examine the application and deteTmine if the poHtical party is entitled to be registered and (

a) if the politic:a;l party is entitled to' be registered, enter it in the register of political parties and so inform the pDHtical party, Dr (

b) if the political party is nO't entitled to be registered, S'O inform the politiCial party with wri,tten reasons for the determination.

(3) The Chief E'lootoral Officer shall not regis;ter a politi cal party where, in his .opinion, the n1ame 'Or the abbreviation of the name of the party so nea~ly resembles the name Dr abbrevi'ation of the n'ame .of a regi1s:tered p'arty as to be likely to be confus·ed with that registered pfarty.

(4) WheTe there is any change in :the inform'ation re quired to he provided by suhsection (1), CblJUSes (

a) to (i), the registered party shall notify the Chief Electoral Of- 7

6. [Registration of poHticcill. parties. 7

ficer in writing within 30 days of the alteration and, sub ject to

section 10, upon receipt of the notice the Chief El ectoral Officer shall vary the register of political parties accordingly. 7.

(1) No constituency association of 'a r,egiste'red party and no person acting for the constituency Ia!ssociation shaH accept contributions for the constituency association or for the registered p'arty unless the constituency associ'ation is registered under this Act.

(2) The Chief Electoral Officer shall maintain 'a regis ter of constituency associations 'and, subject to this section, shall register therein any constituency association of a reg istered party that files with him an application for regis tration setting out (

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

f) the address of the place or places where records of the constituency association are maintained and ,of the place to which communications may be ad dressed; the names of the principal officers of the constit uency association; the name of the chief financial officer of the c,on stituency association; the name and address of the financial institutions to be used by the constituency association as the depositories for all contributions made to the c,on stituency association; the names of the constituency association's signing officers responsible for each depository referred to in clause (e); (

g) a statement of the assets and liabilities of the c,on stituency association as of a date not earlier than 90 days prior to the date of its appHcation for re gistration attested to by the chief financial officer.

(3) Upon receipt of an application for registration of ,a constituency association, the Chief Electoral Officer shall examine the application and determine if the constituency association is entitled to be registered and (

a) if the constituency association is entitled to be re gistered, enter it in the register of constituency associations and so inform the constituency as sociation, or (

b) if the constituency association is not entitled to be registered, so inform the constituency association with written reasons for his determination. S

7. Registration of 'Constituency associations. 8

(4) Where there is any change in the information re quired to he provided in subsection (2:), clauses (

a) to (f), the registered constituency association shall notify the Chief Electoral Officer in writing within 60 days of any such alteration and, subject to

section 10, upon receipt of any such notice the Chief Electoral Officer shall vary the register of constituency associations accordingly. 8. Sections 5, 6 and 7 do not apply to any political party or any constituency association until the date named in 'a notice published by the Chief Electoral Officer in The Al berta Gazette as the first day upon which applications for registration of political parties and constituency associa tions will be received for filing by the Chief Electoral Of ficer. 9.

(1) No candidate at an election and no person acting on behalf of a candidate may (a) ,accept contributions during a campaign period, or (

b) use any funds, including the funds of the candidate, for the purposes of an election campaign during the campaign period, unless the candidate is registered under this Act.

(2) The Chief Electoral Offker shall maintain a reg ister of candidates in relation to each election held after this

section comes into force and, subj ect to this section, shall register therein any candidate that is qualified to be registered and that files with him an appHcation for regis tration setting out (

a) that the candidate (

i) is a member of the Legislative Assembly, or (ii) has been nominated as a candidate for a named electoral division in accordance with The El ection Act, or (iH) has been nominated by a named constituency association of a named registered party in a named electoral division for endorsation as the official candidate of ,that party in the electoral division and enclosing with his application a statement to that erffect attested by one of the principal officers of the association, or (iv) has, after the date of the issue of a writ for an election in a named electoral division, declared himself to be an independent candidate at the election in that electoral division; (

b) the full name and address of the candidate; (

c) the pol'itical party affiliation, if any, of the can didate attested to by one of the principal officers of the constituency association; 9

8. Effective date. 9. Registration of candidates. 9

(d) (

e) the address of the place or places where records of the cand,idate are maintained and of the place to which communications may be addressed; the name of the auditor and chief financial officer of the candidate; (

f) the name and address of the financ,ial institutions to be used by or on behalf of the candidate as de positories for contributions made to that can didate; (

g) the names of the signing authorities for each de pository referred to in clause (f).

(3) A candidate who files an application under suhsec tion (2) after the issue of a writ for an e'lection shall be deemed to be registered on and after the day following the day of filing.

(4) An applieation under subsection (2) m'ay be~' filed with the Ohief Electoral Officer by registered mail in which case, if it is accepted by the Chie'f Electoral Officer, it shall be deemed to be filed on the second day after it was mailed.

(5) Where there is any change in the information re quired to be provided in subsection (2.), clauses (

a) to (g), the registered candidate shall notify the Chief Electoral Officer in writing within 60 days of any such alteration and, subject to

section 10, upon receipt of any such notice the Chief Electoral Officer shall vary the register of can didates accordingly. 1.0.

(1) The Chief Electorall Officer ma.y cancel the regis tration of (a) 'a registe'red p'axty on an applilCation therefor by the registere'd parrty, or (b) 'a registered 00nstituency association on an appJi 'catilOn therefor by the oonstituency association and the registered party conceirned.

(2) Whe're ('

a) a regilstered oandidarte who was nomimted in accordance with The Election Act withdr1aws his candidacy in accordanc:e with that .A!ct, lOr (b) 'a person who 'becomes a registered candidate befiore becoming nlOminated in accordance wi.th The Elec tion Act doe'S not in fact becom'e sO' nominated, he shall so notify the Chief Electoral Officer in writing and the Chief Electorial Officer shall cancel the registration of that person.

(3) Whe're the chief financial officer of a registered p'arty or registe'red constituency association flails to ,comply with 10

10. Cancellation of registration. iO

section 36 'Or 37, tlhe Chief Electorial Officer may cancell the registration 'Of the registered p1arty 'Or constituency ass'Oci ati'On, as the case may be.

(4) Where the Chief Ele1ct'Orial Officer is f'Or any reas'On 'Of the 'Opini'On that a registered party, c'Ons,tituency associ ati'On or c'andidate (

a) is n'O longer quaHfied t'O be regi'Stered, 'Or (b) 'Obrbained registration on the basis of an applicati'On that was false in 'any mate'rial particular, he may cancel the regi'strati'On 'Of the registered p'arty, con stituency associati'On 'Or candidate. ( 5) Where the Chief Elect'Oral Officer cancels the re'gis tration of a poIitJic'al party, consti,tuency 'associati'On or can didate, he shan s:end written n'Otice of the 0ancel!llati'On, t'O gether with his reasons f'Or the cancellati'On, by registered mail t'O (

a) the p'OliticaJI party, where ,the re,gistrati'On 'Of that political party is c'ancelled, or (

b) the c'Onstituency associ!atil'On land the political party c'Oncerned, where the registrati'On 'Of a constituency 'associati'On is cancelled, 'Or (

c) the candidate, where the registrati'On 'Of that candi date is lcancelled, and the C'ancefl'ation is effective 'On and after the third day f'Oll'Owing the date 'Of m'ailing the notice. ( 6 ) A political party, constituency association 'Or candi date n'Otified under subsecti'On (5) m,ay, within 30 days after the m'ailing of the n'Otice, request the Chief Elect'Ora'l Offi cer in writing t'O review the cancellation.

(7) Where the Chief Elect'Orall Officer receives a written request under subsection (6), he shall, within 48 hours thereafter, review the cancellation and give the politiool party, constituency association 'Or candidate c'Oncerned an opportunity t'O :make repres!enUirtions.

(8) F'Ollowing the review 'Of a cancellati'On the Chief Elec t'Oral Officer may withdraw orr confirm the canceHati'On 'Of the regi'str'ation 'Of the P'Olitical p1arty, c'Onstituency aS8'Oci arti'On 'Or candidate, as the cas'e m'ay be, and 'Shall, (

a) where the eancell ati on involve:s a poilitical party, give written notification 'Of his dec,isi'On to the poli tic'al party, 'Or (

b) where the canceUati'On inv'Olves a c'Onstituency asso c'iiation, give written n'Ortificati'On of his d'ecisi'On to the c'Onstituency associati'On and the political party concerned, 'Or (

c) where the cancellation inv'Olves a candidate, give written n'Otificati'On 'Of his decisi'On t'O the c'anrlidarte. 11

1 J

(9) Where the registra,tion of a political party is can celled, the registration of the registered constituency as sociati'Ons Qif that P'Olitical party are thereby also cancelled and the Chief Electoral Officer shall forthwith give writ ten notification thereof to those c'Onstituency associations.

(10) Where the registration Qif a po'liti'Cal party 'Or con stituency associati'On is cancelled f'Or :5a[lure t'O compJy with

section 36 or 37, it may not again apply f'Or regi'Stration until the financial s:batements required by secti'On 36 'Or 37 that were not filed have been filed with the Chief Electoral Officer.

(11) Where the re'gistration IOf a politi~a~l party,consrti tuency 'assocl'atilOn or 'candidate is cancelled, all funds 'Of the poEtical party, 'c'Onstituency association 'Or c'andidate not required to pay the outstanding debts of the political party, constituency associati1on lOr c'andidat'e shall he paid 'Over to the Chief E'lect'Oral Officer and held by the Chief Electoral Office'r in trust fQir the political pa1rty, 'C'Onstituency associ ati'On or candidate and, if that politioal party,constituency association or candid~ate d'Oes not again hecome registered under this Act within a period 'Of one year foll'Owing can cellation 'Of the registr'ation, the funds shall be paid by the Chief Electoral Officer to the Provincial Treasurer and the funds S'O p'aid the'reupon form part of the General Revenue Fund. 11..

(1) All documents filed with the Chief Ele'ctoral Officer are public records and may upon request during normal office hours be inspected at the 'Offices of the Chief Electoral Officer. (2,) Cop~es of '3,ny document referred to in subsection (1) may be 'Obtained upon payment f'Or the preparation of the conies at such rates as the Chief Electoral Officer may determine. 12

I I. Access to documents. 12

PART 3 CONTRIBUTIONS 12.

(1) Any funds held by a persDn at the CDmmence ment Df this sectiDn with respect to. his candidacy 'at a pre ViDUS electiDn shall be held by him in trust.

(2) Where a perSDn referred to. in subseetiDn (1) is nDminated Dr, in the case Df an independent candidate, de clares himself to. be a candidate, fDr the general electiDn next succeeding the cDmmencement of this sectiDn Dr at an intervening by-electiDn, he shall, if the amDunt held in trust exceeds $2,500, (

a) within seven days repDrt ,in writing to. the Chief ElectDral Officer the existence Df the trust, (

b) maintain the funds remaining in the trust frDm time to. time Dn depDsit with a financial institutiDn Dr invest thDse funds in authorized trustee invest ments under The Trustee Act, (

c) ensure that no funds Dr other prDperty are per mitted to. be added to. the trust Dther than interest Dn the amDunts Dn deposit Dr the income from the investments referred to. in clause (b), (

d) fHe with the Chief ElectDral Officer nDt later than six mDnths after polling day a repDrt Dn the ex penditures Dr transfers frDm the trust during the campaign periDd and a statutDry declaratiDn Df cDmpliance with clause (

b) and (c), and (

e) when the trust is terminated, fDrthwith notify the Chief ElectDral Officer Df that fact.

(3) When a perSDn referred to. in subsectiDn (1) is nDt nDminated Dr dDes nDt declare himself to. be ap independent candidate fDr the general election next succeeding the cDmmencement Df this Act, he shall nDt later than seven days after the day fixed fDr nDminatiDns, transfer or pay the amDunt held by him in trust pursuant to. subsectiDn (1) to. (

a) any registered party, registered cDnstituency as sDciatiDn Dr registered candidate, Dr (

b) a registered Canadian charitable Drganizaton as defined 'in the Income Tax Act (Canada), Dr (

c) the CrDwn in right .of Alberta, at the DptiDn .of that perSDn. 13.

(1) Any funds held by a candidate at the end .of a campaign periDd and which cDnsist .of contributiDns re ceived by him fDr the purpDse .of his campaign may be held by the candidate in trust to. be expended for his candidacy at a future electIDn. 13

12. Existling funds of 'cand,idates. 13. Continuing use of campaign funds. 13

(2) When a perSDn referred tD in subsecUDn (1) is nDt nDminated Dr dDes nDt declare himself tD be an independent candidate fDr the general electiDn next succeeding the CDm mencement 'Of this sectiDn, he shall, n'Ot later than seven days after the day fixed for nDminatiDns transfer Dr pay the amDunt held by him in trust pursuant tD subsectiDn (1) tD fa) any registered party, registered cDnstituency as sociation Dr registered candidate, Dr (

b) the Crown in right of Alberta, at the option 'Of that person. 14 .. Funds transferred from a :foundation under sectiDn 5 Dr a trust under s:ection 2, 12 Dr 13 tD a registered party, registered ~Dnstituency asslOciation 'Or registered CIandidate are not c'Ontrrihuti'Oll's fDr the purposes 'Of ,this Act but shaH be recDrded as to amQunt and source by the recipient 'Of the funds. 15. ( 1 ) All financial cDntributiQnsaccepted by or 'On behalf 'Of a registered party, registered constituency as!so ci'atiDn 'Or registered candidate shall be p'aid intD 'an appro priate dep'Ository 'Of record with the Chief E'lec1Joral Office'r.

(2) Where any cDntribution 'Of 'Other than mDney, ac cepted by Dr 'On behalf 'Of a registered party, registered CDn stituency associatiDn Dr registered candidate, is cDnverted at any time intD money, that amount shall be paid intD an appropriate depositDry 'Of recQrd with the Chief Electoral Officer. 1H.

(1) Any anonymDus contrihuti'Dn in excess of $25 re ceived by a political party, cDnstituencya:ssociatiQn Dr can didate registered under this AcJt sha.l!l not be used or ex pended, but shall he returned to the contributor if the con tributDr's identity can be e'stahlished, 'Or, if the c'Ontributor's identity cannot be established, the cDntributiDn shall be paid 'Over to the Chief ElectDral Officer.

(2) The Chief ElectDral Officer shaH play any amounts received under subsection (1) to the Provincial Treasurer and the amounts so paid thereupon form part of the Gener1al Revenue Fund. 17.

(1) CDntributiDns by any person, cDrpDratiDn, trade union Dr employee 'OrganizatiDn t'O registered parties, regis tered constituency associations Dr registered candidates shall nDt exceed (

a) in any year, (i) $10,000 tD each re'gistered party, and 14

14. Exemption's. 15. Contributions to be deposited. 16. Anonymous contr~butions. 17. Limitations on contributions. 14

(ii) $500 to any registe'red constituency 'association, and $2,500 in the aggregate to the constituency associations of each registered party, and (

b) in any campaign period, in addition to contribu tions 'authorized under clause (a), (i) $5,000 ,to each registered party, and (ii) $1,000 to any regi'stered Clandidate, and $5,000 in the aggregate to the registered candidates of each registered party.

(2) Where writs for two or more by-elections bear the same date and provide for the same P.olling day, aU the by elections 'are deemed to be one el'ootion for the purposes of subsection (1), clause (b).

(3) No cont~ibutions may be made during a campaign period to a registered constituency association and no con tributions may be made to a registered candidate except du~ing a campaign period.

(4) Any moneys paid during a campaign period by a Ciandidate .out Oof hi'S own funds for the purposes of his ca,ID paign (

a) are 'a contribution fOor the purposes 'Of this Act, and (

b) shall be paid into a depository 'Of the candidate on record with the Chief ElectOoral Officer. 18.

(1) No registered party, registered constituency asso ciation Oor registered candidate and no person on its or his behalf sh!a:ll knowingly accept any contributions in excess of the limits imposed by

section 17.

(2) Where the chief financial of~icer learns that any contributi.on w,as accepted by or on behalf of the registered p1arty, registered constituency association or registered candidate for whom he acts in excess of the Umits imposed by

section 17, he 'Shall, within 3.0 days after learning thereof, advise the Chief Electoral Officer in writing of the fact and circumstances. 19.

(1) The value of contributions other than money pro vided to a registered party, re1gisrtered constituency associ ation or registered candidate is the market value Oof the con1trihution at that time.

(2) Where any real Oor personal prop:erty is p,rovided to 'a politiool party, constituency association or candidate regis tered under this Act for a price that i'S less than the market value at th1at time, the amount by which the value exceeds the price is a 00ntribution for the purposes of this Act. 15

18. Excessivecontriibutions. 19. V,a'luing c'Ontrli'butions of other than money. 15

(1) In this sectiO'n, "fund-raising functiO'n" in cludes any social function held for the purpose O'f raising funds fO'r the registered party, registered cO'nstituency as sO'ciatiO'n O'r registered candidate by whO'm O'r O'n whO'se be half the function is held.

(2) The gross incO'me frO'm any fund-raising f,unction shaM be recO'rded by the chief financial O'fficer of the reg istered party, registered constituency 'association. or regis tered clandidate that held the function O'r on whose behalf the functiO'n was held.

(3) Where an individual charge by the sale of tickets or O'therwise is made fO'r a fund-raising functiO'n, O'ne--half of the charge shaH be allowed fO'r expenses land the balance shall, fO'rthe purposes of this Act, be cOll'sidered ra contribu tion to' the registered party, registered cO'nstituency associ ation O'r registered candidate that held the functiO'n or O'n whose behalf the function was held, except that, wheT'e the individual charge is $50 O'r mO're, the amount allowed for expenses S'hall be $25 and the balance shall be cO'nsidered as a cO'ntribution. ( 4) Except as prO'vided in subsectiO'n (3), funds raised by a fund-raising function are nO't cO'ntributiO'ns fO'r the pur poses of this Act. 210 Where, at a meeting held on behalf O'f O'r in relation to' the affairs O'f a registered candidate, registered party or registered cO'nstituency associatiO'n, money is given in re SPO'nse to' a general cO'llectiO'n O'f mO'ney sO'licited from the persons in attendance at the meeting, individual amO'unts under $25 given shall be cO'nsidered not to' be contributions fO'r the purpO'ses O'f this Act but shall be recorded as to the grO'ss amO'unt by the chief financial O'fficer of the can didate, PO'litical party or associatiO'n, as the case may be. 2'2.

An annual membership fee paid fO'r membership in a PO'litical party O'r in a constituency assO'ciatiO'n of that party O'r in bO'th is not a cO'ntribution fO'r the purposes of this Act if (

a) the fee O'r, where a fee i,s paid to' the party andto a cO'nstituency assO'ciatiO'nO'f that party~' the total of those fees, does nO't exceed $25, and (

b) the PO'litical party and cO'nstituency association each maintain a membership Hst indicating the amO'unt O'f the fee O'r fees paid by each member that is allO'cated to' the PO'litical party O'r cO'nstitu ency assO'ciation, as the case may be, but where the fee or tO'tal of thO'se fees exceeds $25, the amount O'f the excess shall be considered as a contribution. 16

20. 'Fund-raising furictions. 21. General collections. 22. Annual membership fees. '16

(1) CO'ntributiO'ns O'f nO't mO're than 10 'cents per mO'nth by any member O'f a trade union O'r emplO'yee O'rg'an izatiO'n thrO'ugh payrO'll deductiO'ns are not cO'ntributiO'ns frO'm the member fO'r the purposes O'f this Act, but any amO'unts cO'ntributed to' a registered party, registered cO'n stituency associatiO'n O'r registered candidate frO'm the funds sO' cO'llected are cO'ntributiO'ns from the trade uniO'n O'r emplO'yee O'rganizatiO'n, as the case may be.

(2) CO'ntributions 'Of mO're than 10 cents per mO'nth by any member O'f a trade uniO'n O'r emplO'yee O'rganizatiO'n thrO'ugh payrO'll deductiO'ns are cO'ntributions by the mem ber fO'r the purpO'ses O'f this Act. 24.

(1) Any cO'ntributiO'n to' a registered party, re~is tered 'cO'nstituency assO'ciation O'r registered candidate made thrO'ugh any unincO'rpO'rated assO'ciatiO'n O'r O'rganiza tiO'n, except a trade uniO'n O'r employee O'rganiz'atiO'n, shall be recO'rded by the unincO'rpO'rated assO'ciation O'r O'rganiza tiO'n as to' the individual sources and amO'unts making up the cO'ntributiO'n.

(2) The amounts making up a cO'ntributiO'n under sub sectiO'n (1) that are attributable to' any person, cO'rpO'ra tion, trade uniO'n O'r emplO'yee organizatiO'n are cO'ntribu tiO'ns O'f that person, corpO'ratiO'n, trade un1iO'n O'r emplO'yee O'rganizatiO'n fO'r the purpO'ses 'Of this Act. 17

23. Payroll deductions. 24. Contriibutions from unincorporated groups. 11

PART 4 COLLECTION O'F C'ONTRIBUT'IONS 25.

(1) Every P'Olitical party, constituency associati'On and candidate shaH, before fHing its applicati'On f'Or regis tration with the Chief Elect'Oral Officer, apP'Oint a chief fiuandal 'Officer.

(2) Where a chief financial officer appointed pursuant t'O subsection (1) ceases :D'Or any reason to hold that office, the political p'arty, c'Onstituency ass'Ociati'On 'Or candidate, as the case may he, shall f'Orthwith appoint an'Other chief financial officer. 2,6. The chief financial 'Officer 'Of a registered party, reg istered c'Onstituency ass'Ociation 'Or regi1stered Clandidate is responsible, wi;t]h respect t'O the a::Wairs 'Of the party, c'On stituency ass'Ociation 'Or candidate that app'Ointed him, fDr ensuring that (

a) pr'Oper rec'Ords ,are kept 'Orf aliI receipts, (

b) c'Ontributions are placed ina deposit'Ory 'On record with the Chief Elect'Oral Offi~er, (

c) pro'per receipts are comp'leted and dealt with in accordance with this Act, (

d) the financial statements as required by secti'Ons 36 and 37 are filed with the Chief E1ectoral Officer in accordance with this Act, and (

e) c'Ontributi'Ons of 'Other than m'Oneyare valued and recorded in accordance with this Act. 27. No contributi'On shall be :accepted by a registered candidate 'Otherwise than thr'Ough his chief finanei/al office'r 'Or 'Other pers'On on record with the Chief Elect'Oral Officer as auth'Orized t'O accept contributions. 28. ( 1 ) Where any pers'On, 'On 'behalf 'Of a registered party, registered cI'Onstituency associati'On or registered candidate, accepts in any year (:

a) a single c'Ontributi'On in excess 'Of $25, or (

b) c'Ontributi'Ons fr'Om a single s'Ource in any ye-ar, ex cluding any campaign peri Old 'Or part thereof in that year, that exceed in the aggre'gate $25, or (

c) contributions from a singJ.e source in any campaign peri'Od that exceed in the aggregate- $25, the chief financial officer shaH record 'all such contributi'Ons including the name and the address of the contributor.

(2) All c'Ontributi'Ons referred t'O in subsection (1) accep ted 'On beha;lf 'Of a registe-red p'arty, registered c'Onstituency 18

25. Chief financiall officers. 26. Duties of chief financial orfficers. 27. Recel:i.pt orf candidates' contributions. 28. Records of 'contdbutions. 18

as,sociation 'Or regisrteredc:andidate during a campaign peri'Odshall be rec'Orded separately from other contributi'Ons accepted during that year.

(3) Every registered party, registered c'Onstituency ass'O ciation 'and registered candidate under this Act shall file with the Chief Elect'Oral Offi:cer (

a) within tlhe period during which a financial stJate ment must be filed relating to a C'ampaign peri'Od, a return setting Q1ut (

i) the t'Otallamount of 3111 oontri,butions n'Ot exceed ing $'25 received during the campaign period, (ii) the t'Otalamount 'Of 'all contributi'Ons reeeived during the campaign period whi~h exceed $2.5 but did not exceed $2,50 in the aggregate fr'Om any single c'Ontributor, and (iii) the individual amounts eontributed and the name and addres:s 'Of each oontributor where the contributi'Ons 'Of that contribut'Or during the campaign period 'exceed an aggregate 'Of $250; (

b) within the peri'Od during whiclh an annual financial srbatement must be filed, a return s,etting 'Out (

i) the total 'amount 'Of all contributi'Ons not ex ceeding $2'5 received during the year, (ii) the t'Otal amount of an collltributi'Ons received during the year which exceeded $25 but did not exceed $2:50 in the aggregate from any single contribut'Or, and (iii) the individual amounts c'Onwibuted and the name and ,address of eooh contributor where the contributions 'Of that c'Ontrihut'Or during the year exceeded an aggregate of $2:50. but excluding any information included in a return under clause (ia). 29.

Every registe'red party, registered c'Ons,tituency asso ciati'On and regi'ste'red candidate slhall is'sue or cause t'O be issued receipts 'as required 'by the Chief Eleet'Oral Officer for every contribution accepted. 30.

(1) Subject to secti'On 23, n'O person, corporation, w;ade union 'Or employee 'Org'aniza1ti'On shall contribute t'O any registered p1arty, registered c'Onstituency assoeiati'On 'Or registered candidate funds not actuaBy belonging t'O that person, corp'Oration, tr'ade uniiQn 'Or empl'Oyee organiz'ati'On, 'Or any funds tha-t have been given 'Or furnished to the pers'On, corporation, tr'ade union o,r empl'Oyee organization by any persons lOr gr'Oups 'Of perSQns 'Or by a corporati'On, trade uni'On 'Or empl'Oyee org'anization for the purpose of making a -c'Ontribution there'Of to tbat regi'stered party, registered c'Ons,tituency ass'Ociati'On 'Or registered candidate. 19

29. Receipts. 30. Dummy contdbutors. 19

(2) No registered party, re'gistered constituency associ ation 'Or registered candidate and no pers'On 'On its 'Or his beha;lf shall sDlicit or knowingly 'accept any contributiDn cDntrary tD the pr'OvisiDns 'Of subsection (1).

(3) Where the chief financial officer learns that any cDntributiDns received by or 'On behalf 'Of the registered party, registered c'Onstituency association 'Or registered can didate for whDm he .acts was :made cDntrary to' suhseetion (1), he sh/all, within 30 diays after lea,rning thart the cDntri bution was .made contr'ary to suhsecrtion (1), advise the Chief Electoral Officer in writing 'Of the fact and circum stances. 31.

(1) ND registeTed party, registered cDnstituency asso ciatiDn 'Or registered candidate shall, directly 'Or indirectly, (

a) knowingly accept conrtrihutiDns f'rom any perSDn nDrmally rHsident 'Outside Alherta, from any CDr poration that does not carry 'On busrine's's in Alberta or from a trade union Dr employee 'Organization" Dvher tihan a trlade uniDn or employee Drganiza:tion as defined in this Act, or (

b) contribute 'Or transfer funds tDany pDlitiCail party, cDnstituency ass'Ociation Dr candidate not registered under this Act, except th'at during an electi'On under the Canada Elections Act a registered p'arty may transfer tD a feder/al politic'al party registe'red under the Election Expenses Act (Oanada) an 'amount not exceeding, in the aggrewate, $100 fDr each candidate at a federal election ina federal electoral district in Alberta WhD is endor'sed a's a candidate by that federal party.

(2) In subsectiDn (1) "during an election" has the mean ing given to it in the Canada Elections Act.

(3) Where the chief financial Dffieer learns that any CDn tribution was aecepted by or on beh'alf of the politieai party, cDns'tituency associ'ation 'Or candidate f'Or whO'm he ac,ts from any person nDrm!al1y resident 'Outside Alberta or frDm any cDrporation that dDes nDt carry 'On business in Alberta, Dr from any trade union Dr employee 'OrganizatiDn other than a trade union or emp10yee 'Organization as defined in this Act, he shall, within 30 days after learning thereDf, advise the Chief Electoral Officer in writing 'Of the fact and cir cumstances . . 32.

No registered p'arty, registered constituency aSls·oci ation or registered candidate may accept funds fr'Om a fed eral pDHtical party registered unde'r the Election Expenses Act (Oanada) except that during a campaign period a reg istered party may accept from such a federal political party 20,

31. Out-of-province contributions. 32. Funds from federal parties. 20

an amount not exceeding, in the aggregate, $100 for each registered candidate endorsed by that registered. party and those funds are not contributions fOT the purposes of this Act but shaJll be recorded 'as tOo source and dep'Osited in an appropriate depository on record with the Chief Electoral Officer. 33.

A registered party, and any of its registered con stituency associations '0[[" registered ciandidates, may trans fer to or 'accept from each other funds 'Or real or personal property 'and all such funds or real or personal property so accepted by the registered pa'rty, registered constituency association or registered candidate shall not be consridered as contributiQns for the purpo:ses of this Act but shall be recorded a'S to' source and any funds accepted shall be de posited in an appropriate depository on record with the Chief Electoral Officer. 21

33. Transfers witihin parties. 21

PART 5 LO~N!S 3,4.

(1) A registered party, registered constituency as sociation or registered candidate (

a) may borrow money only from a financial institu tion, and (

b) shall record all loans and the terms thereof and shall report accordingly to the Chief Electoral Of ficer.

(2) Any payment (

a) in respect of a loan to which subsection (1) ap plies, and (

b) made by other than the borrower shall be considered a contribution by the person, corpora tion, trade union or employee organization or the unin corporated association or organization that made the pay ment unless that person, corporation, trade union or em ployee organization or the unincorporated association or organization is reimbursed by the borrower prior to the filing by the borrower of the financial statement next re quired to be filed pursuant to

section 36 or 37.

(3) This

section does not apply to the borrowing of money by a registered candidate for purposes unrelated to his campaign. 35.

(1) Any person, corporation, trade union, employee 'Organization or unincorporated association or organization may sign, co-sign or otherwise guarantee or provide col lateral security for any loan, monetary obligation or in debtedness on behalf of or in the interest of any registered party, registered constituency association or registered candidate.

(2) Where a person, corporation, trade union, employee organization or any unincorporated association or organ ization acting pursuant to subsection (1) is required to make any payment on behalf of or in the interest of any registered party, registered constituency association or registered candidate, the payment shall be considered a contribution by the person, corporation, trade union or em ployee organization or the unincorporated association or organization that made the payment unless that person, corporation, trade union or employee organization or the unincorporated association or organization is reimbursed by the borrower prior to the filing by the borrower of the financial statement next required to be filed pursuant to

section 36 or 37.

(3) This

section does not apply to payments made on behalf of a registered candidate for purposes unrelated to his campaign. 22

34. Borrowing. 35. Guarantees. 22

PART 6 AUDIT 3H. (1) 'The chief financial 'Officer of every registered party and registered constituency associatiDn shall, on or befDre the 31st day 'Of March next fDllDwing the commence ment 'Of this sectiDn and 'On Dr befDre the 31st day 'Of March in each year thereafter, file with the Chief Electoral Of ficer financial statements of assets and Habilities and of receipts and payments or transfers for the previDus year of the pDHtical party Dr cDnstituency assDciation fDr which he acts, excluding campaign receipts and payments or trans fers relating tD an electiDn during a campaign period.

(2) Where a political party Dr cDnstituency assDciatiDn becDmes registered under this Act within the last fDur months of iany year, the financial statement filed with its application for 'registratiDn shall be deemed compliance with subsection (1) in relation tD that year. 37.

(1) The chief financial 'Officer 'Of every registe'red party, registered cDnstituency assDciatiDn and registered candidate shall, witbin six months after polling day, file with the Chief Electoral Officer a financial statement of receipts and payments Dr transfers 'Of the pDlitical party, constituency association Dr candidate fDr which he acts re lating tD the election during the campaign periDd.

(2) In relatiDn tD a by-election, subsection (1) applies 'Only tD registered parties and registered constituency as sociations that received contributiDns Dr made payments or transfers in relatiDn tD that by-electiDn and to registered candidates at that by-electiDn.

(3) This

section alsD applies to any registered candidate (

a) who withdraws his candidacy, Dr (

b) who, having been registered before becoming nom inated, dDes nDt in fact become nDminated, with respect tD the period during which he is registered. 3.8.

(1) Subject tD subsectiDn (3) and (4), where the chief financial officer 'Of a registered candidate fails to file a financiial statement as required by

section 37, the Chief ElectDral Officer shall transmit a repDrt tD that effect to the Speaker of the Legislative Assembly WhD shall there upDn lay the repDrt befDre the Assembly if it is then sitting Dr, if it is not then sitting, within 15 days after the com mencement of the next ensuing sitting and, if the state ment of the registered candidate has nDt yet been filed in the interim the registered candidate, in addition to any other penalty fDr which he may be liable, 23

36. Filing O'f annual financial statements. 37 .. FNing of financlial sta:tements for election campaigns. 38. Meet of non-compliance. 23

(

a) if he was not declared elected, is ineligible to stand as a candidate at any election, and (

b) if he was declared elected, is ineligible to sit or vote in the Assembly.

(2) Where a registered candidate who was declared el ected remains ineligible to sit or vote in the Assembly pur suant to subsection (1) for a period of 60 days, the seat of that registered candidate, subject to subsection (3), thereupon becomes vacant.

(3) A registered candidate who W'a1S declared elected may, at any time not exceeding 60 days after the Sp~aker tables the report of the Chief Electoral Officer under subsection (1), apply to the Supreme Court of Alberta for relief 'and the Court may (

a) dis1pense with compHance with

section 37 if it con siders that the non-compliance is due to' ciroumstan ces beyond the control of the c'andid'ate, or (

h) extend the time for compliance with sectiQn 37 where it finds mitigating reasons for non-compli ance with that

section but (

i) during the ,extended period of time the candi date remains ineligible to sit or vote in the Assemhly, and (ii)the seat of the candidiate becomes vacant if he fails to comply with that

section within the extended period of time Qr such additional ex tended periQds Qf time 'as the Court may by order allow, or (

c) declare the candidate not to he ineil'igible to' sit or vote by reason of non-compHance with sectiQn 37 if it is 'satisfied that, at the time 'Of the ap.plic'ation, the necessary financial statement has been filed, or (

d) refuse the application. ( 4) A registered candidate who was not dedared elected may,at any time, apply to the Supreme Court of Alherta for relief and the Court may (

a) dispense with compliance with

section 37 if it con siders that the non-Clomp1i'ance is due to .circumstan ces bey'Ond the control of the cand ida,te , or (

b) declare the candidate not to. be ineligible to stand as a candidate at any ,election by reason of non-compii ance with sectiQn 37 if it is satisfied that, at the time of the :app:lieation, the necess1ary financial statement has been filed, or (

c) refuse the application. 24

(5) An 'appli'cation to the Court under this

section shall be made by originating notice naming the Chief Electoral Officer as re'spondent.

(6) The decision of the Court is flinal and not subj ect to appeal.

(7) Where a subsequent election takes place within six months 'aflter polling day, the provisions of

section 37 and this

section :apply with all neces's~ary modifications to the first election as though the polling day for the subsequent e}ecti'On was the polling day 'Of the first election. 25

P~RT 7 PROHIBITIONS, O'FFENCES AN1D PROSECUTIONS 39. No person shall 'Obstruct any pers'On 0arrying Qut an inquiry or examinatiQn under this Act or withhQld frQm him 'Or coneeal 'Or destrQY any bO'Dk'S, plapers, docum'ents or things relevant to the subject-matter Df the investi<g'ati'On 'Or examinatiDn. 40. NQ perSQn shall knowingly make a fal'se ,statement in anyapplicatiQn, return, financial statement or Qther docu ment filed with the Chief Electoral Officer under this Act. 41.. No pers'On shall knQwingly ,give fal'se inf'Ormati'On to a chief financi'al 'Officer 'Or Qrbher persQnauthorized to accept cQntributiQns. 42.

(1) The chief financial officer of a registered party, registered constituency assodatiQn or registered c'andidate whQ cQntravenes sectiQn 36 'Or 37 is guHty of an offence land liable Qn summ'ary 0onviction to a fine 'Of nQt mQre than $1,000.

(2) Where any cQntravention 'Of

section 36 Qr 37 is c'Om mitted by a chief financial 'Officer 'Of a registered party, registered constituency as'S'Ociati'On or registered candidate, the PQlitical party or constituency assQciati'On or candidate for which the chief financial 'Officer acts is also guilty 'Of an 'Offence and Hable 'On

summary c'Onviction, (

a) in the case of a registered party, to a fine 'Of nQt mDre t1han $5,000, and (

b) in the case of a registered c'Onstituency aJS'SQciation 'Or registered candidate, tQ a fine 'Of nQt more th'an $1,000. 43. Every ,cQrporati'On, tr'ade union 'Or employee Qrganiz-a .. tion that cQntravenes any Qf the pr'Ovisions of this Act is guilty 'Of an offence and liable on summ:ary c'Onviction to a fine Qf not mQre than $10,000. 44. Every pers'On, politic'al party Qr constituency asso ciatiQn that cQntravenes any 'Or the provisions of this Act fQr which contrlaventiQn no fine is 'Otherwi'Se prQvided, is guHty of an 'Offence and Hable on Isummary conviction to a fine 01 not more than $1,000. 45.

(1) Where the Chief ElectQral Officer is satisfied that 'any perSQn, corporatiQn, trade union 'Or emplQyee or ganizatiQn bas made 'One 'Or more contributions in excess 26

39. Obstruction. 40. False documents. 41. False statemenrts. 42. Failure to provide audited statements. 43. Offences by corporations, trade unions or employee organi zations. 44. General offences. 45. Penalties. 26

of an amount permitted under this Act, 1fue Chief Elect'Oral Officer may by written notice require that pers'On, cnrpn ratinn, tr~de union 'Or emplnyee nrganiz'atinn t'O pay a penalty in an ,am'Ount named in the nntice and being equiva lent to the amount by which the cnntributi'On 'Or cnntribu tinns exceeded the amnunt pm-mitted under this Act.

(2) All penalties collected under this

section shall be paid by the Chief Electoral Officer to' the Prnvincial Treasurer and becnme part 'Of the General Revenue Fund. 46.

(1) A prosecutinn for an 'Offence under this Act may be instituted against a pnlitical party, cnnstituency assocli ation, trade union or emplnyee organizatinn in the name of the political party, constituency as'Soei'ation, trade union 'Or emplnyee organiz'atinn and for the purposes 'Of any such prnsecution, a political party, cnnstituency assnciation, trade uninn or employee organization shall be deemed to be a person.

(2) Any act or thing done or omiltted by an officer, offi ci'al 'Or agent of a political party, constituency association, trade union or employee organization within the scope of his auth'Ority to act on behalf of the political party, c'Onsti tuency association, trade union or emplnyee organization sha.ill be deemed to be 'an act or thing dnne orr omitted by the political party, constituency a'Ssociation, trade uni'On or employee organization. 47. No prosecution shall be instituted under this Act without the consent of the Chief Electorial Officer. 48.

(1) The Alberta Income Tax Act is amended by adding after

section 8.5 the following heading and section: Political Contributions 8.'6

(1) In this section, (a) "registered candidate" means a person who is a registered candidate under The Election Finances and Contributions Disclosure Act; (b) "registered constituency association" means a reg istered constituencYaissociattion under The Election Finances and Contributions Disclosure Act; (c) "registered party" means a pnlitical party that is a regi'stered p'arty under The Election Finances and Contributions Disclosure Act.

(2) In respect 'Of the aggregate amount of contributions under The Election Finances and Contributions Disclosure Act contributed by a taxpayer during the taxation year to a registered party, regi1stered cnnstituency,associatinn or reg- 27

46. Proceedings against political parties, constituency associa tions, trade unions and emp[J.oyee organizations. 47. Restrictions on prosecution. 48. 'Consequential. This amendment will permit deductions from the amount Qlf provinclial income tax payable based on the amount of political contributions 'Inade 'by the taxpayer. 27

istered candidate, that taxpayer, if resident in Alberta on the last day of the taxation year, may deduct from the amount of tax which he W'Ould otherwise be required to pay under this Act anam'Ount equal to (

a) the les!ser 'Of (i) $75, and (H) 75 per cent of the 'amount contributed, if the aggregate amount of contributions by the taxpayer does not exceed $100, or (

b) the lesser of (i) $300, and (U) $75 pilus 50 per cent 'Of the amount contributed in excess of $100, if the laggregate amount 'Of c'Ontributi'Ons by the tax payer ex'ceeds $100 but does not exceed $5;50, or (

c) the lesser of (i) $500, and (ii) $300 plus 33-1/3 per cent of the amount con tributed in excess 'Of $550, if the aggregate amount of contributions by the taxp1ayer exceeds $550, or the amount of the tax payable, whichever is the lesser.

(3) Payment of e'ach amount that is included in the aggregate amount of contributions in respect of which a deducti'On is claimed under subsecti'On (1) shall be proved by filing with the Provincial Treasurer receipts therefor signed on behalf 'Of the registered party, registered con stituency ass'Ociation 'Or registered candidate, as the case may be.

(2) This

section applies to the 1978 and subsequent tax ation years. 49.IThis Act comes into force on a date or dates to be fixed by Procl'am'ati'OD. 28

28 Title: 1977 (18th, 3rd) Bill 24, The Election Finances and Contributions Disclosure Act

Document details

Collection	Alberta — Bills
Citation	L18 S3 5726
Type	bill
Volume / chapter	L18 S3 5726
Language	en
Format	json
Source	PROVINCIAL
Identifier	59bfa588d04b4dd8bd879b6fcd64ab6fa2c3d0bb

Source file is stored in the law ingest library (json).