Bill 227 (Legislature 18, Session 3)

L18 S3 5832

Alberta — Bills

1977 Bill 227 Third Session, 18th Legislature, 26 Elizabeth II THE LEGISLATIVE ASSEMBLY OF ALBERTA BILL 227

AN ACT TO REGULATE ELECTION' iCONTRIBU'TIONS AND ELE'CTION EXPENSES MR. NOTLEY First Reading Second Reading Third Reading Printed by the Queen's Printer for the Provlnc;e of Alberta, EDMONTON

Bill 227 Mr. Notley BILL 227 1977

AN ACT TO REGULATE E:LECTION 'CONTRIBUTIONS AND ELECTION EXPENSE'S (Assented to , 1977) HER MAJES'TY, by and with the advice and consent of the Legislative Assembly of Alberta, enacts as follows: 1. The Election Act is hereby amended. 2.

Sections 158, 159,160 and 161 are struck out and the following sections substituted therefor: 158.1 In Sections 158.1 to 161, (a) "campaign period" means the period commencing with the issue of a writ for a general election and terminating 120 days following polling day; (b) ·'chief agent" means the agent of a registered po litical party; (c) "Commission" means Commission on Election Contributions and Expenses; (d) "constituency assoCiation" means the association or organization endorsed by a registered political party as the official as'Sociation or organiz'ation of that party in an electoral division; (e) "contribution" means money, goods or services or any combination thereof given, loaned, pledged or guaranteed by a contributor to a political party, constituency association or candidate registered under this Act and (

i) the value of goods or services in a contribu tion shall (

A) where the contributor of the goods or ser vices is in the business of supplying such goods or services, be deemed equal to the lowest amount charged by him for an equivalent amount of those goods or services at or about the time they were contributed, or (

B) where the contributor of the goods or ser vices is not in the business of supplying such goods or service'S be deemed to be

the IQwest amQunt charged fQr an equiva lent amQunt Qf the same gQods Qr services· by a supplier thereof in the area where the gQQds and services were cQntributed; (ii) prQmO'tional advertising dQne with the knQw ledge and cQnsent Qf a political party CQn stituency assQciatiQn Qr candidate regi~tered under this Act shall be deemed to' be a cQntri butiQn Qf the value Qf the nQrmal charge fQr such prQmQtiQnal advertising; (iii) fQr the purpQses Qf this clause cQntributiQn shall include (

A) the amQunt Qf all membership fees and dues paid to' a PQlitical party Qr cQnstit uency assQciation and where a member ship in a registered PQlitical party is di vided Qr allQcated amQng Qne Qr mQre reg istered cQnstituency assQciatiQns the PQ litical party shall maintain a written ac count Qf such divisiQns Qr allQcatiQns, which shall be deemed a contributiQn to the registered cQnstituency assQciatiQn, (

B) the prQfit Qf any event, sale Qr service which accrues to' a registered PQlitical party, cQnstituency associatiQn or can didate, (

c) any mQney, gQQds Qr services used by a registered candidate frQm his Qwn funds Qr persQnal PQssessiQns which are nQt per sonal expenses within the meaning Qf this Act, and (

D) cQntributiQns by any member Qf a tmde uniQn thQugh payrQll deductiQns which are cQllectively cQntributed by the uniQn but shall nQt include (

E) vQluntary, upaid labour Qr services prQ vided by an individual to a PQlitical party, cQnstituency assQciatiQn Qr candidate reg stered under this Act. (f) "contributor" means any perSQn whO' makes a CQn tributiO'n directly Qr indirectly to' a candidate, a constituency associatiO'n Qr a political party; (g) "electQral divisiQn agent" means the agent Qf a registered cQnstituency associatiQn; (h) "expense" means (

i) amQunts paid, Qr (ii) liabilities incurred for the purpQse Qf prQmQting Qr QPPQsing, directly Qr indirectly, a registered PQlitical party, or the electiQn O'f a registered candidate, including but nQt limited to' the CQsts Qf 2

(iii) promotional advertising, (iv) acquiring the services O'f any person, including remuneration and expenses paid to him or on his behalf, (

v) the hire of premises, (vi) travel and IO'dging expenses of speakers, ad visors or vO'lunteer workers, (vii) the acquisition and distribution O'f literature, posters, signs, audio or visual m'aterials in cluding film, tape, records or other materials or devices designed to' advertise or promote a candidate, constituency association or political party, . (viii) all expenses paid or incurred during or prior to the campaign period, whether before or af ter this Act comes into force, fO'r any items within the meaning of subclause (vii) which are used during the campaign period but shall not include the necessary costs O'f holding periodic conventions of members of a registered political party or of a registered constituency as sociation when such conventions are not held dur ing a campaign period, or of holding a convention for the selection of a candidate in an electoral di vision. (i) "official agent" means the agent of a registered candidate; (j) "personal expenses" of a registered candidate means (

a) travelling expenses, and (

b) living expenses for fO'od and lodging within the candidate's electoral division and the onus for showing that such personal expenses were fair, reasonable, proper and not in excess of what is ordinarily paid for similar services shall be upon the candidate. (k) "political agent" refers to any chief agent, elector al division agent O'r O'fficial agent; (1) "promotional advertising" includes (

i) advertising by any broadcast media, (ii) outdoor advertising, and (iii) advertising by any printed media which promotes O'r opposes, directly or indirectly, any political party or constituency association or the election of any candidaiie, registered under this Act, but does not include bona fide ne'ws brO'adcasts or reports which were paid for by the broadcast ing or reporting medium; (m) "registered" means registered pursuant to this Act. 3

158.2

(1) Every contrihution by an unincorporated as sociation or organization, except a trade union, shall be re corded individually showing the name of and amount given by every contributor who has contributed to that associa tion Ql.." organization on the understanding that such con tribution would 1:;e forwarded in whole or in part to a political party, constituency association or candidate reg istered under this Act.

(2) Every corporation or unincorporated organization or associ'ation which is constituted solely or in part for the purpose of soliciting or receiving contributions for any political p.arty, constituency association or candidate reg istered under this Act shall prepare and maintain a written record of the individual sources of and the amounts con stituting such contributions.

(3) No person shall contribute to any politic'al p'arty, constituency association or candidate money, goods or ser vices not belonging to him unless furnished to him by a contributor for the purpose of making a contribution thereof in the contributor's name and when a political agent learns of such a contribution he shall promptly re fuse the contribution or return an amount equal to the con tribution to the person.

(4) Every anonymous contribution, except a contribu tion of $'20 or less made at a fund-raising event, received by a political agent of a political party, constituency associa tion or candidate registered under this Act shall be re turned to the donor or remitted to the Commission.

(5) No contribution shaH be knowingly solicited from or received by any person from (

a) an individual normally resident outside Alberta, (

b) a corporation or firm that does not carryon busi ness in Alberta, (

c) a trade union without members in Alberta, or (

d) an unincorporated association or organization without members in Alberta and when a politieal agent learns of such a contribution he shall promptly refuse or return the contribution or an amount equal to the contribution to the contributor.

(6) Any person receiving a monetary eontribution in excess of $10 shall give a written receipt thereof showing (

a) the name and address of the contributor, (

b) the signature of the contributor, (

c) the name and address of the political agent, and (

d) the signature of the political agent. 4

(7) No person shall charge a political party, constitu ency association or candidate registered under this Act or a person acting with its Dr his knDwledge or consent a rate fDr promotional advertising that will, pursuant to

section 158.1 be a contribution, that exce'eds the lowest rate charged by him for any equivalent amount of promotional advertising to any other political party, association or can didate or person 'acting with its or his knDwledge or con sent. :158.3

(1) A commission is hereby established to be known as the Commission on Electoral Oontributions and Expenses, composed 'Of (

a) two persons as nominees of each registered politi cal party, on the recommendation of that party subject to the approval by resolution of the Legis lative Assembly, for a term of not more than five years,' (

b) the Clerk of the Legislative Assembly, (

c) two returning officers, appointed from among ali returning officers by resolution of the Legislative Assembly, for a term of not more than five years, and (

d) a Chairman appointed from among the other mem bers by resolution of the Legislative Assembly for a term of not more than ten years. (,2) The Commission shall meet on ifue call of the chair man or of seven more members.

(3) A majority of no less than six members of the Com mission including the chairman shall constitute a quorum.

(4) The chairman and the other members of the Com mission, except the Clerk of the Legislative Assembly may receive such s'alary and expenses and the Commission m;ay employ such staff and acquire such services and supplies as may be provided for by a separate appropriation by the Legislature.

(5) The Commission, in addition to its other pDwers and dutie~ under this Act, shall (

a) provide procedures and prescribe forms for and assist political parties, constituency associations and candidates to register under this Act, (

b) provide procedures and prescribe forms for and assist political parties, constituency associations and candidates registered under this Act in the preparation of the financia'l returns required by this Act, (

c) ensure that every political p'arty, constituency as sociation and candidate registered under this Act has the appropriate political agent and the appro priate auditing facilities in order toO properly com ply with the provisions of this Act, 5

(

d) examine aN financial returns filed with the COnl mission, (

e) conduct periodic investigations and examinati'Ons 'Of the financial affairs and records 'Of political parties, constituency associations and candidates registered under this Act specific"ally in relatiDn to campaign periods, (

f) report to the Attorney General any apparent con traventions 'Of the Act, with such repQrt requiring the appr'Oval of a majDrity and not less than seven of the CommissiDners, (

g) cause t'O be published a

summary 'Of the electiDn contributions and election expenses 'Of each politi cal party, constituency ass'Ociation and candidate registered under this Act, and submit annually and after every campaign peri'Od to' the Speaker of the Legislative Assembly a report, which the Speaker shall fDrthwith table in the Legislative Assembly 'Or if the Legislative Assembly is not then sitting within 15 days of the commencement of the next sitting.

(6) For the purp'Oses of any investigation or examina tion pursuant to this section, (

a) the Commission has the powers 'Of, a commissiQn under The Public Inquiries Act, (

b) a representative 'Of the Commission, upon pr'Oduc tion of an authorization from the CommissiQn, has the power to enter the premises referred to' in the authorization in which records 'Of a P'Olitical party, constituency association 'Or candidate regis tered under this Act, relevant to' the subj ect mat ter 'Of the investigation or examination, are kept and to examine and take away copies of such re cords, and (

c) the Commission may request information with re spect t'O the affairs 'Of a political party, constitu ency associati'On or candidate registered under this Act, that is reasonably required in respect of its duties under this Act, and such information shall be prQvided within 30 days after receiving a written request therefQre from the Commission or within such extended peri'Od as the Commission may determine. 1,58.4

(1) The C'Ommissi'On shall maintain a registry 'Of (

a) political parties, setting 'Out (

i) the full name of that party, (ii) 1fue party name and abreviation, if any, 'Of the party name to be shown in any election d'Ocu ments, 6

(iii) the name and address of the leader of the party, (iv) the name and address or the names and ad dresses of (

A) the office or offices of the party where the records of the party are maintained and to which communications may be ad dressed, (

B) the chief agent of the party, and (

c) the financial institution or institutions l'awfully authorized by the party for the deposit of contributions and for with drawal of expenses, (

v) the name or names of the constituency associa tions of the party, and the information refer red to in clause (b), and (vi) the name or names of the candidates of the party, and the information referred to in clause (c); (

b) constituency associations, setting out (

i) the full name of that constituency association and of the political party by which it is en dorsed, (ii) the name and address or names and addresses of (

A) the place or places where the records of the constituency association are main tained and to which communications may be addressed, (

B) the electoral division agent or agents of the constituency association, and (

C) the financial institution or institutions lawfully authorized by the constituency association for the deposit of contribu tions and for the withdrawal of expenses, (iii) the name of the candidate of the constitmency association, and the information referred to in paragraph (

C) of subclause (ii) with rela tion to the candidate and (

c) candidates, setting out (

i) the full name and address of that candidate and of the political party and constituency association by which he is endorsed, and if the candidate is endorsed by no political party the political affiliation of the candidate shall be described by the word "independent", (ii) the name and addreSS or names and addresses of (

A) the platCe or pl'aces where the records of the candidate in relation to a campaign 7

peri'Od are maintained and t'O which c'Om municati'Ons may be addressed, (

B) the 'Official agent 'Or agents of the candi date, and (

C) the financial instituti'On 'Or instituti'Ons lawfully auth'Orized by the candidate f'Or the dep'Osit 'Of c'Ontributi'Ons and f'Or the withdrawal 'Of expenses for the purp'Oses 'Of a campaign peri'Od.

(2) Any p'Olitical party that (

a) held a minimum 'Of three seats in the Legisla tive Assembly f'Oll'Owing the m'Ost recent gen eral electi'On, (

b) nominated 'Or nominates candidates in at least twenty 'Of the elect'Oral divisi'Ons in the m'Ost recent general electi'On 'Or f'Oll'Owing the issue 'Of a writ f'Or a general election, 'Or (

c) at any time 'Other than during a campaJign period provides the C'Ommi'ssion with the names, addrels,S'es and signatures 'Of 2,000 eligible voters attesting to the regisltr-ation 'Of the political party c'Oncerned, and the c'Onstituency ass'Ociati'Ons and any 'Of the candidates 'Of a political party meeting such require ments may apply t'O the C'Ommissi'On f'Or registrati'On under this Act.

(3) Any candidate shall be deemed registered up'On the filing 'Of his nominati'On papers.

(4) An applicati'On f'Or registrati'On by a p'Olitical party pursuant t'O subsecti'On (2) shall include (

a) the inf'Ormati'On referred t'O in subsecti'On (1), and, (

b) a statement satisfact'Ory t'O the C'Ommissi'On 'Of the assets and liabilities of the P'Olitical party, the constituency ass'Ociati'Ons and any 'Of the candidates 'Of that party as 'Of a date n'Ot earlier than 90 days pri'Or t'O the date 'Of applica ti'On f'Or registrati'On with such statement cer tified by a p'Olitical lagent or agents.

(5) Upon receipt 'Of an application f'Or registrati'On pur suant t'O subsection (2), the C'Ommissi'On shall examine the applicati'On and within thirty days determine if (

a) the p'Olitical party and the c'Onstituency associa ti'Ons and any 'Of the' candidates of that party, 'Or (

b) the independent candidate and c'Onstituency as s'Ociation can be registered, and (

c) if S'O, enter it in the register and S'O inf'Orm the ap plicant, 'Or 8

(

d) if not, so inform the applicant with written rea sons fDr its determination.

(6) Where any of the infDrmation referred to in sub section (1) becomes incorrect by change of circumstances the political party, constituency association or candidate registered under this Act shall notify in writing the Com mission within 30 days of such change and, upon re ceipt of any such notice the Commission shall correct its regi:ster a'ceordingly.

(7) Where any change results in a registered political party, constituency association or candidate losing the right to registration the Commiss'i:on may cancel the reg istration.

(8) Where the registratiDn of a politica;} party is can celled, the registration of the constituency associations and candidates of that party is thereby also cancelled.

(9) No candidate and no person acting on his or his be half shall (

a) solicit or accept contributions, or (

b) incur or pay any expense until the poHtical party, constituency association or can didate is registered under this Act.

(10) No political party, constituency association Dr candidate registered under this Act and no person acting on its or his behalf shall (

i) accept contributions; or (ii) incur or pay any expense except through the political agent Dr agents of the said po litical party, constituency association Dr candidate.

(11) Subsection 10 shall not apply to any expenses paid by a registered candidate for his personal expenses which in the aggregate do not exceed (a) $250 in an urban electoral division, or (b) $1,000 in a rural eleciJoral division, during a campaign period but a candid1ate paying such personal expenses shall provide hi'S official agent with a detailed account of such personal expenses.

(12) All contributions in the form of monies accepted and all expenses paid by or on behalf of a political party, constituency association or candidate shall be deposited in to or paid out of only those financial institution or institu tions on record with the Commission.

(13) The political agent of a political party, constitu ency, association or candidate registered under this Act, in 9

reference to the financial affairs of the political party, con stituency association or candidate which or who appointed him shall be responsible for ensuring that (

a) proper records are kept of all contributions and all expenditure,s, incl uding keep~ng all appro priate reeeipts, vouchers, invoices and bills, (b) 'all contributions in the form of monies and all expenses are deposited or paid out of institu tions on record with the Oomm1ission, (

c) all contributions in the form of donations of goods or services are valued and recorded in ac cordance with this Act, and, (

d) the fiinancial returns and auditor's report re quired by this Act are filed with CDmmission in accordance wirth this Act.

(14) No unregistered political party shall (Ia) sDlicit or accept contributions ,in e~cess of $10,000 during or fDr an election campaign, or (

b) solicit Dr accept contributions in excess of $10,000 during any single fisc·al year, excluding funds solicited O'r accepted pursu~nt to clause (a). 159.1 Each chief agent, electoral divisiDn agent and of ficial agent shall, for each and every contribution in excess Df $20 record the name and address of the contributor and the amDunt Df the contribution and shall record whether the contributiDn is to defray expenses incurred for purpDses of an election campaign Dr fQr purposes out side of an election campaign. 159.2

(1) The chief agent of every political party, the electoral division agent of every constituency assDciatiDn and the official agent of a candidate registered under this Act, shall record (

a) the amounts of money expended as election expen ses, and (

b) the amounts of mDney expended during a period or for purposes outside of an election campaign with all expenses referred to in clause (

a) recDrded separ ately from all expenses referred to clause (b).

(2) Every expense referred to in subsection (1) shall be itemized according to the categories listed in

section 158.1 clause (h). 159.3 The contributions of a single contributDr shall not exceed in the aggregate (

a) in any year, (i) $1,000 to registered political parties, and (ii) $200 to registered constituency associations and candidates, and 10

(

b) in any campaign period, (i) $1,000 to registered poEtical parties, and (ii) $200 to registered constituency associations and candidates and any contribution or contributions violating this

section shall be returned to the contributor within 30 days of notice of the violation. 159.4 Expenses during or for the purpose of an elec tion campaign shall not exceed (

a) for a registered political party, 25 cents mUltiplied by the number of electors in all of the electoral di visions in which the political party has a register ed candidate, and (

b) for a registe'red candidate and his constituency as sociation in the electoral division where he is a candidate, the combined total of (i) $1 for each elector for the first 5,000 electors in the electorall divis,ion, (ii) 75 cents for each elector for the s,econd 5,000 electors in the electoral division, (iii) 50 cents for every elector in the electoral division over 10,000, and (iv) in a rural electoral division, 50 cents for 'eaeh elector in the electoral division, in addi tion to such sums as may be determined by subclauses (0, (ii) and (iii). 1,59.5

(1) The chief of every registered political party, the electoral district agent of every registered constituency association and the official agent of every registered can didate shall transmit to Commission within two months after polling day a return in respect of (

a) election contributions referred to in

section 159.1, and (

b) election expenses referred to in

section 159.2.

(2) By a date prescribed by the Commission after 1fue end of very fiscal year every registerd political party shall transmit to the Commission a return in respect of (

i) annual contributions referred to in

section 159.1, and (ii) annual expenditures referred to in

section 159.2 in a form prescribed by the Commission and accompanied by the auditor's report sub ject to subsection (3) of se'ction 159.6. 159.6

(1) The financial returns required under

section 159.5 shall be subject to an audit for each political party, constituency association and candidate registered under this Act. 11

(2) Nn returning 'Officer, electinn clerk, candidate 'Or pnlitical agent shall act as an auditor.

(3) The auditnr shall make a written repnrt tn the pn litical agent of the registered political party, registered constituency assnciatinn 'Or registered candidate which 'Or whQ appointed him, in respect 'Of the returns required un der sectiQn 159.5, and shall make such examinatinn as will enable him tn state in his repO'rt whether in his O'piniQn the financial return presents fairly the infQrmatiQn cnntained in the accQunting records 'On which the return is based, making such statements as he considers necessary in any case where (

a) he has nQt received frnm the PQlitical agent all of the infQrmatiQn and explanatinn which he requir ed, 'Or (

b) prQper accQunting recO'rds have nQt been kept by the PQlitical agent SQ far as appears frQm the examinatinn.

(4) The AuditQr shaH have access at all reasQnable times tQ all recQrds, documents, bQO'ks and accounts 'Of the registered pnlitical party, registered cQnstituency associa tiO'n 'Or registered candidate Which 'Or whQ appointed him, and is entitled tn require frQm the PQlitical agent such in fQrmatiQn and explanatiQn as in his QpiniQn may be neces sary tQ enable him tQ repQrt as required under subsectiQn (3).

(5) The repQrt referred tn in subsectinn (3) shall be submitted tQ the CnmmissiQn with the return required un der sectiO'n 159.5. 160.1

(1) The CnmmissiQn shall publish tWQ weeks after receipt (

a) in a newspaper 'Or newsp'apers having general cir cul'atiO'n in mnre than 'One electQral divisiO'n in Al berta a

summary 'Of the aggregate 'Of all cQntribu tiQns tn and expenses by each PQlitical party and all 'Of its cO'nstituency assQciatinns and candidates (

i) during O'r fQr an electiQn campaign pursuant tn subsectiQn (1) of sectinn 159.5, and (ii) during 'Or fnr 1fue annual fiscal period pursu ant tn subsectinn (2) 'Of sectinn 159.5, and (

b) in a newspaper having general circulatinn in each electQral divisinn a

summary 'Of the aggregate O'f all cnntributions tQ and expenses by each cQnstitu ency assnciatiO'n and its candidate during 'Or fQr an electiQn campaign pursuant to' subsectiQn (1) 'Of sectiQn 159.5.

(2) The Cnm,missinn shall maintain aU returns, accnm panying dncuments and auditor's repQrts submitted tn it pursuant tn sectinn 159.5 and subsectiO'n (3) 'Of sectinn 12

159.6 for a period of not less than five years and permit any elector during normal business hours to examine them and to make copies thereof.

(3) The Chairman of the Commission shall submit a de tailed report to the Speaker of the Legislative Assembly relating to contributions to and expenses (

a) by each political party, constituency association and candidate during or for an election campaign pursuant to subsection (1) of

section 159.5, and (

h) by e'ach political party during or for the anual fis cal period pursuant to subsection (2) o.f

section 159.5 and the Speaker shall table such report forthwith in the Legislative Assembly or if the Legislative Asse,mbly is not then sitting within 15 days of the commencement of the next sitting.

(4) Within 120 days of the publicatio.n of the summaries of contributions and exepnses pursuant to subsection (1), any person who has reason to believe that a provision of the Act has been contravened may in writing file a com plaint to that effect with the Commission, and if a ma j ority of the Commission deems the complaint to be ad equately documented, the Commission shall carry out such investigation with respect to the said complaint as may be necessary. 1160.2

(1) A prosecution for an offence under this Act may be instituted by the Attorney General against a politi cal party or constituency association in the name of the political party or constituency association, and for the pur poses of any such prosecution, a political party or constitu ency association shall be deemed a person.

(2) An act or thing done or omitted by a political agent of a political party, constituency association or candidate within the scope of his authority to act on behalf of the political party, constituency associration or candidate shall be deemed

an act or thing done o.r omitted by the said po litical party, constituency association or candidate.

(3) It shaH be an offence (

a) for any political party, constituency association person, corporation, trade union or any other unin corporated association or organization to. knowing ly and deliberately obstruct an auditor, the Com mission or any member thereof or a person with an order from a court of competent jurisdiction making an investigation or examination under this Act or to withhold from him o.r destroy or conceal any books, papers, documents or other materials relevant to the subject matter o.f the investi~ation or examination, 13

(

b) for any politieal agent, political party, constitu ency association or candidate to knowingly and de liberately m,ake a false statement or omit to give a prescribed piece of information in any application, return or other document filed with the Commis sion under this Act, (

c) for any person, corporation, trade union or any other unincorporated association or organization other than a trade union to knowingly and deliber ately give false information or omit to give a pre scribed piece of information to any political agent, (

d) for any political party, constituency association or candidate to accept contributions or to pay ex penses (

i) without first having registered under this Act, (ii) without having a political agent to accept the said contributions and to pay the said ex penses, (iii) without having nominated an appropriate fi nancial institution or institutions for deposit of the said contributions and for payment of the said expenses, Dr (iv) which exceed the limits provided by this Act. (

e) for the political agent of each po:Jitical party, CDn stituency association and candidate to' fail to file the returns required by this Act. (

f) fDr a political party, constituency assodation or candidate to acquiesce in or assent to' any offence listed in clauses (a), (b), (c), (

d) or (e). 160.3

(1) On

summary conviction of an offence under this Act (

a) every person shall be liable to a fine not exceeding $1,000, (

b) every political party shall be liable to a fine not ex ceeding $10,000, (

c) every constituency association shaill be liable to a fine not exceeding $1,000, and (

d) every corpDration, trade union or any other unin corporated association or organization shall be liable to a fine not exceeding $5,000.

(2) In addition to any other penalties imposed by this Act, on

summary conviction for failure to' file a return with the Commission pursuant to' clause (

e) of subsectiDn (3) of

section 160.2 (

i) a political party shall be fined $100 a day, and (ii) a constituency association or candidate shall be fined $25 a day for each day of delay in filing the said return, and the said political party or constituency association shall have its 14

registration canceHed if it has not filed the said return within six months of the date such return was due.

(3) Where a political party or constituency association has had its registration cancelled, all monies of the political party or constituency association not required to pay any outstanding debts thereof shall be paid over to the Com mission and held by the Commission in trust, and if the said political party or constituency association does not become registered again under this Act within two years following the cancellation of its registration, the monies held in trust shall escheat to the Commission and be applied to the ex penses of the Commission.

(4) In addition to any othe'r penalties imposed by this Act, on

summary conviction for failure to file a satisfac tory return with the Commission pursuant to clause (

e) of subsection (3) of

section 160.2 (

a) a candidate declared elected shall not be entitled to become a member of the Legislative Assembly until such return has been filed, and if the said return has not been filed within six months of the date such return was due, the Commission shall notify the Speaker of the Legislative Assembly, or any two membe,rs if there then be no Speaker, WJlO shall declare the seat of the member vaeaJted and shall address a warrant to the Clerk of the Legis lative Assembly for the issue of a wrlit for the eleetion of a member in the place of a member whose seat is so vaeated, or (

b) a candidate not declared elected shall be ineligible to stand as a candidate at any election for five years unless prior to such time he has filed the said return.

(5) A political party, constituency association or can didate shall not be entitled to any reimbursement for elec tion expenses possible pursuant to

section 161 unless and until its or his political agent has filed a return satisfac tory to the Commission pursuant to clause (

e) of subsec tion (3) of

section 160.2. 101. The Commission may make recommendations to the Attorney General for provision for the reimbursement in whole or in part of the expenses of political parties, con stituency associations and candidates from funds appro priated to that purpose by the Legislature. 3. This Act comes into force on the day upon which it is assented to. 15 Title: 1977 (18th, 3rd) Bill 227,

An Act to Regulate Election Contributions and Election Expenses

Document details

Collection	Alberta — Bills
Citation	L18 S3 5832
Type	bill
Volume / chapter	L18 S3 5832
Language	en
Format	json
Source	PROVINCIAL
Identifier	64f8b01c969cb67f544f8d0362441e93e3f4fc56

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