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Election Finances Act

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

Consolidation Period: From June 1, 2011 to the e-Laws currency date.

Last amendment: 2010, c. 7, ss. 39-45.

SKIP TABLE OF CONTENTS

CONTENTS

1.

Interpretation

Powers and Duties of Chief Electoral Officer

2.

Powers and duties, publication, tabling

3.

Application of Public Inquiries Act, 2009

6.

Powers of inspection

7.

Information

8.

Audit

Registration

10.

Registration of parties

11.

Registration of constituency associations

12.

Deregistration

13.

Registration of candidate

14.

Registration of leadership contestant

15.

Inspection of information on file with Chief Electoral Officer

Contributions

16.

Contributions

17.

Return of contributions made in contravention of Act

18.

Maximum contributions of persons, corporations and trade unions to parties, constituency associations and candidates

19.

Contributor to contribute only funds belonging to contributor

20.

Funds from federal parties

21.

Value of goods and services

22.

Advertising as contribution

23.

Fund-raising activities

24.

Collection of money at meetings

25.

Receipts

25.1

Electronic database for recording contributions and issuing receipts

25.2

Role of Chief Electoral Officer

25.3

Opting in before June 1, 2012

25.4

Exemption, 50 per cent threshold

25.5

Loss of exemption

26.

Group contributions

27.

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

28.

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

29.

Prohibited contributions and transfers

30.

Annual membership fees

31.

Trade unions check-off

32.

Who may accept contributions for candidate or leadership contestant

33.

Chief financial officers

34.

Recording of contributions

34.1

Disclosure of contributions

Loans and Guarantees

35.

Borrowing

36.

Pre-1986 loans

Release of Election Surveys on Polling Day

36.1

Prohibition

Campaign Advertising

37.

Blackout period

37.1

Definitions

37.2

Categorization of expenses

37.3

Saving

37.4

Identification

37.5

Registration requirement for third parties

37.6

Appointment of chief financial officer

37.7

Requirement to appoint auditor

37.8

Registry of third parties

37.9

Duty of chief financial officer

37.10

Prohibition, use of certain contributions

37.11

Contributions over $25

37.12

Third party election advertising report

37.13

Auditor’s report

Campaign Expenses

38.

Limitation of campaign expenses

Foundation

39.

Foundation

Auditors

40.

Auditors

40.1

Indexation factor

Financial Statements

41.

Annual filing of financial statement and report

42.

Filing of other financial statements

43.

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

Public Funding of Candidate and Party Expenses

44.

Reimbursement

Readjustment of Electoral Districts

44.1

New constituency associations due to readjustment

44.2

By-election during transition period

Forms

45.

Forms

Offences

46.

Failure to file financial statements

46.0.1

Failure to file third party election advertising report

46.1

Failure to deposit contribution, file report

47.

Offence by corporation or trade union

48.

General offence

49.

Offence for obstructing investigation

50.

Offence for false statement

51.

Offence for false information

52.

Style of prosecution

52.1

Vicarious responsibility

53.

Consent of Chief Electoral Officer

54.

Commission dissolved

Interpretation

1.  (1)  In this Act,

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

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

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

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

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

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

(c) auditor’s and accounting fees,

(d) interest on loans authorized under section 35,

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

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

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

(h) transfers authorized under section 27,

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

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

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

(l) expenses relating to research and polling, and

(m) travel expenses,

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

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

“candidate” means,

(a) a person who is duly nominated as a candidate for an electoral district in accordance with the Election Act by filing nomination papers with the returning officer for that electoral district following the issue of a writ of election,

(b) a person who is nominated by a constituency association of a registered party in an electoral district as the official candidate of such party in the electoral district, or

(c) a person who, on or after the date of the issue of a writ for an election in an electoral district, declares himself or herself to be an independent candidate at the election in the electoral district; (“candidat”)

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

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

“contribution” does not include,

(a) any goods produced for any political party, constituency association, candidate or leadership contestant by voluntary unpaid labour,

(b) any service actually performed for any political party, constituency association, candidate or leadership contestant by an individual voluntarily, so long as such individual does not receive from his or her employer or from any person, corporation or trade union pursuant to an arrangement with the individual’s employer, compensation in excess of that which he or she would normally receive during the period such service was performed, and

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

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

“financial institution” means,

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

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

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

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

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

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

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

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

“person” includes a candidate but does not include a corporation or trade union; (“personne”)

“political advertising” means advertising in any broadcast, print, electronic or other medium with the purpose of promoting or opposing any registered party or the election of a registered candidate, and “political advertisement” has a corresponding meaning; (“publicité politique”, “annonce politique”)

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

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

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

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

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

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

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

“year” means calendar year. (“année”) R.S.O. 1990, c. E.7, s. 1 (1); 1998, c. 9, s. 51 (1-9); 2001, c. 32, s. 25; 2007, c. 15, ss. 29, 40 (1); 2007, c. 7, Sched. 7, s. 186 (1).

Associated corporations

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

Contested constituency nominations

(3)  This Act does not apply to contests in relation to contested constituency nominations for endorsation of official party candidates. R.S.O. 1990, c. E.7, s. 1 (3); 1998, c. 9, s. 51 (10).

Existing funds in trust

(4)  This Act does not apply to,

(a) funds held in trust at 3 o’clock in the afternoon of the 13th day of February, 1975; and

(b) funds raised before the expiration of thirty days after the 13th day of February, 1975 by a fund-raising activity organized before that day that are placed in trust,

for the purposes of a constituency association or the future candidacy of any person at an election or a future election campaign of any person, but the trustee or trustees of each such trust shall,

(c) within sixty days after the 2nd day of May, 1975, report in writing to the Chief Electoral Officer the existence of such trust and the total amount of the funds therein;

(d) maintain the funds remaining in the trust from time to time on deposit with a financial institution that is lawfully entitled to accept deposits or in investments authorized for trust money by the Trustee Act;

(e) not permit funds or other property to be added to the trust other than interest on the amounts on deposit or the income from the investments referred to in clause (d);

(f) file with the Chief Electoral Officer on or before the 30th day of April in each year a report of the expenditures from the trust during the previous year and the trustee’s declaration that he or she has complied with the provisions of clauses (d) and (e); and

(g) when the trust is terminated, forthwith notify the Chief Electoral Officer thereof. R.S.O. 1990, c. E.7, s. 1 (4); 1998, c. 9, ss. 51 (11), 79; 2007, c. 15, s. 40 (1).

Powers and Duties of Chief Electoral Officer

Powers and duties, publication, tabling

Powers and duties

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

(i) in The Ontario Gazette, and

(ii) on a website on the Internet;

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

(i) in The Ontario Gazette, and

(ii) on a website on the Internet;

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

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

Internet publication

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

Prohibition

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

Annual report

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

Recommendations to Speaker

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

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

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

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

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

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

Tabling

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

Application of Public Inquiries Act, 2009

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

4.  Repealed: 1998, c. 9, s. 52.

5.  Repealed: 1998, c. 9, s. 52.

Powers of inspection

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

Information

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

Same

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

Same

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

Audit

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

9.  Repealed: 1998, c. 9, s. 55.

Registration

Registration of parties

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

Qualifications for registration

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

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

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

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

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

Application for registration

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

(a) the full name of the political party;

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

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

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

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

(f) the name of the chief financial officer of the political party;

(g) the names of all persons authorized by the political party to accept contributions;

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

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

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

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

Registration by Chief Electoral Officer

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

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

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

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

Name of political party

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

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

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

Variation of register

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

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

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

Annual statement of purpose

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

Submission of name to Chief Electoral Officer

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

Reservation of name

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

Registration of constituency associations

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

Application for registration

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

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

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

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

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

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

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

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

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

Registration by Chief Electoral Officer

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

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

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

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

Variation of register

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

Deregistration

Deregistration of parties and constituency associations, on application

12.  (1)  The Chief Electoral Officer may deregister,

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

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

Discretionary deregistration

(2)  The Chief Electoral Officer may deregister,

(a) a registered party,

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

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

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

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

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

Mandatory deregistration

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

Notice of proposal to deregister

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

Same

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

Request for review

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

Review

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

Same

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

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

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

Party and associations thereof deregistered

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

Reregistration

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

Disposition of party’s funds on deregistration

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

Disposition of constituency association’s funds on deregistration

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

Duty of Chief Electoral Officer

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

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

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

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

Registration of candidate

13.  (1)  Every candidate shall, prior to the polling day, file with the Chief Electoral Officer an application for registration under this Act. R.S.O. 1990, c. E.7, s. 13 (1); 1998, c. 9, s. 79; 2007, c. 15, s. 40 (1).

Idem

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

Application for registration

(3)  The Chief Electoral Officer shall maintain a register of candidates in relation to each election and, subject to this section, shall register therein any candidate that files an application for registration with the Chief Electoral Officer setting out,

(a) that the candidate,

(i) has been duly nominated in accordance with the Election Act, by filing nomination papers with the returning officer in an electoral district following the issue of a writ of election, together with the name of the electoral district,

(ii) has not been so nominated in accordance with the Election Act, but has been nominated by a constituency association registered under this Act and has enclosed with the application a statement to that effect by the chief financial officer of the constituency association, together with the name of the constituency association and the electoral district, or

(iii) has not been so nominated in accordance with the Election Act, but, after the issue of a writ for an election in an electoral district, has declared as an independent candidate at the election in that electoral district, together with the name of the electoral district;

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

(c) the political party affiliation, if any, of the candidate;

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

(e) the name of the auditor and chief financial officer of the candidate;

(f) the names of all persons authorized by the candidate to accept contributions;

(g) the name and address of every financial institution to be used by or on behalf of the candidate as the depositories for all contributions made to that candidate; and

(h) the names of the persons responsible for each depository referred to in clause (g). R.S.O. 1990, c. E.7, s. 13 (3); 1998, c. 9, s. 79; 2007, c. 15, s. 40 (1); 2007, c. 7, Sched. 7, s. 186 (4).

Effective date of registration

(4)  A candidate who files an application under subsection (3),

(a) prior to the issue of a writ for an election shall be deemed to be registered effective from the issue of the writ; and

(b) after the issue of a writ for an election shall be deemed to be registered on the day of filing. R.S.O. 1990, c. E.7, s. 13 (4).

Mailing of application deemed filing

(5)  An application under subsection (3) may be filed with the Chief Electoral Officer by registered mail in which case it shall be deemed to be filed on the day it is mailed. R.S.O. 1990, c. E.7, s. 13 (5); 1998, c. 9, s. 79; 2007, c. 15, s. 40 (1).

Where candidate withdraws, etc.

(6)  Where a registered candidate withdraws his or her candidacy prior to polling day or fails to file nomination papers with the returning officer under the Election Act, or dies prior to polling day, the campaign period with respect to that candidate is deemed to expire on the day of the withdrawal of the candidacy, on nomination day or on the day of his or her death, whichever first occurs, and the chief financial officer for that candidate shall file with the Chief Electoral Officer the statement referred to in section 42 within sixty days after the expiration of the campaign period with respect to that candidate. R.S.O. 1990, c. E.7, s. 13 (6); 1998, c. 9, s. 79; 2007, c. 15, s. 40 (1).

Variation of register

(7)  Where any of the information referred to in clauses (3) (b) to (h) is altered, the candidate shall forthwith notify in writing the Chief Electoral Officer of any such alteration, and upon receipt of any such notice, the Chief Electoral Officer shall vary the register of candidates accordingly. R.S.O. 1990, c. E.7, s. 13 (7); 1998, c. 9, s. 79; 2007, c. 15, s. 40 (1).

Registration of leadership contestant

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

Notice of leadership contest

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

Application for registration

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

(a) the full name of the leadership contestant;

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

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

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

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

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

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

Time for filing application

(4)  An application under subsection (3) shall not be filed with the Chief Electoral Officer before the date of the official call of the leadership contest, and shall not be filed unless the registered party that proposes to hold the leadership contest has filed with the Chief Electoral Officer the statement referred to in subsection (2). 1998, c. 9, s. 59 (3); 2007, c. 15, s. 40 (1).

Deemed registered on day of filing

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

Variation of register

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

Contestant’s funds considered contribution

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

Inspection of information on file with Chief Electoral Officer

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

Extracts

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

Not to be used for commercial solicitation

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

Contributions

Contributions

Who may contribute

16.  (1)  Contributions to parties, constituency associations, candidates and leadership contestants registered under this Act may be made only by,

(a) persons individually;

(b) corporations that are not registered charities within the meaning of subsection 248 (1) of the Income Tax Act (Canada); and

(c) trade unions. 1998, c. 9, s. 60.

Contributions over $25

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

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

(b) shall be contributed,

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

(ii) by a money order signed by the contributor. 2010, c. 7, s. 39 (1).

Depositing of contributions

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

Certain contributions by estates

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

Return of contributions made in contravention of Act

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

Anonymous, etc., contributions

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

Maximum contributions of persons, corporations and trade unions to parties, constituency associations and candidates

18.  (1)  The contributions a person, corporation or trade union makes to parties, constituency associations and candidates registered under this Act shall not exceed what is set out in the following rules:

1. To each party, $7,500, multiplied by the indexation factor determined under section 40.1 and rounded to the nearest dollar,

i. in any calendar year, and

ii. in any campaign period, as if it were a separate calendar year.

2. To each constituency association, $1,000, multiplied by the indexation factor determined under section 40.1 and rounded to the nearest dollar, in any calendar year, subject to paragraph 3.

3. To constituency associations of any one party, in any calendar year, an aggregate amount of $5,000, multiplied by the indexation factor determined under section 40.1 and rounded to the nearest dollar.

4. To each candidate, $1,000, multiplied by the indexation factor determined under section 40.1 and rounded to the nearest dollar, in any campaign period, subject to paragraph 5.

5. To candidates endorsed by any one party, in any campaign period, an aggregate amount of $5,000, multiplied by the indexation factor determined under section 40.1 and rounded to the nearest dollar. 1998, c. 9, s. 61.

By-elections

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

Candidate’s funds considered contribution

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

Contributor to contribute only funds belonging to contributor

19.  (1)  Subject to section 31, no person, corporation or trade union shall contribute to any political party, constituency association, candidate or leadership contestant registered under this Act funds not actually belonging to the person, corporation or trade union or any funds that have been given or furnished by any person or group of persons or by a corporation or trade union for the purpose of making a contribution thereof. R.S.O. 1990, c. E.7, s. 19 (1).

Prohibition to accept contributions contrary to subs. (1)

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

Funds from federal parties

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

Value of goods and services

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

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

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

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

(2)  The provision of goods or services to a political party, constituency association, candidate or leadership contestant registered under this Act in any year, excluding any campaign period or part thereof in that year, or in any campaign period, having a value, in the aggregate, of $100 or less may, at the option of the person, corporation or trade union providing such goods or services, be considered not to be a contribution for the purposes of this Act. R.S.O. 1990, c. E.7, s. 21 (2).

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

(3)  Where goods or services are provided to a political party, constituency association, candidate or leadership contestant registered under this Act for a price that is less than the value of the goods or services as determined under subsection (1), the amount that the price is less than such value shall, subject to subsection (2), be a contribution for the purposes of this Act. R.S.O. 1990, c. E.7, s. 21 (3).

Advertising as contribution

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

(a) it promotes a registered party or the election of a registered candidate;

(b) it is provided or arranged for by a person, corporation or trade union with the knowledge and consent of the party or candidate; and

(c) its value as determined under section 21 is more than $100. 1998, c. 9, s. 62.

Cost

(2)  Clause (1) (c) applies to,

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

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

(i) appear during the same calendar year (excluding any campaign period) or during the same campaign period, and

(ii) are provided or arranged for by the same person, corporation or trade union. 1998, c. 9, s. 62.

Campaign expense

(3)  A contribution described in subsection (1) that is made during an election campaign constitutes a campaign expense of the party or candidate promoted. 1998, c. 9, s. 62.

Exception

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

Identification

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

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

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

3. The name of any other person, corporation, trade union, registered party or registered constituency association who is sponsoring or paying for the political advertisement. 1998, c. 9, s. 62.

Same

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

Records

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

Same

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

1. The information provided under subsection (5).

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

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

Information to be included in political advertisement

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

(a) the person, corporation, trade union, registered party or registered constituency association who is causing it to appear; and

(b) any other person, corporation, trade union, registered party or registered constituency association who is sponsoring or paying for it. 1998, c. 9, s. 62.

Fund-raising activities

23.  (1)  In this section,

“fund-raising activity” means an event or activity held for the purpose of raising funds for the party, constituency association, candidate or leadership contestant registered under this Act by whom or on whose behalf the activity is held. 1998, c. 9, s. 63 (1).

Income to be reported

(2)  The gross income from any fund-raising activity shall be recorded and reported to the Chief Electoral Officer by the chief financial officer of the party, constituency association, candidate or leadership contestant registered under this Act that held or on whose behalf the activity was held. 1998, c. 9, s. 63 (1); 2007, c. 15, s. 40 (1).

Where charge may be considered not a contribution

(3)  Where a charge by the sale of tickets or otherwise is made for a fund-raising activity, all or any portion of such charge, up to a maximum of $25, may, at the option of the registered party, constituency association, candidate or leadership contestant by whom or on whose behalf the activity was held, be considered not to be a contribution for the purposes of this Act. R.S.O. 1990, c. E.7, s. 23 (3); 1998, c. 9, s. 63 (2).

Where amounts to be considered contribution

(4)  Any amount paid for goods or services, other than advertising services, offered for sale at a fund-raising activity in excess of the highest amount charged, at or about the time the goods or services are provided, by any other person providing similar goods on a commercial retail basis or similar services on a commercial basis in the market area in which the goods or services are provided, shall be considered to be a contribution for the purposes of this Act. R.S.O. 1990, c. E.7, s. 23 (4); 1998, c. 9, s. 63 (3, 4).

Same, advertising

(5)  Any amount paid for advertising services offered for sale in connection with a fund-raising activity shall be considered to be a contribution for the purposes of this Act. 1998, c. 9, s. 63 (5).

Collection of money at meetings

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

Receipts

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

Return of forms

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

Electronic database for recording contributions and issuing receipts

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

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

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

Recording of contributions

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

Same

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

Same

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

Issuing of receipts

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

Same

(6)  The chief financial officers of registered constituency associations and registered candidates shall not issue receipts for contributions, and subsection 25 (1) and clause 33 (4) (c) do not apply to them. 2010, c. 7, s. 41.

Cancellation of receipts

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

Application rules

(8)  The following rules apply to a registered party on and after June 1, 2012:

1. The party must comply with subsection (1).

2. The chief financial officer of the party must comply with subsection (2).

3. The chief financial officers of the party’s registered constituency associations must comply with subsection (3).

4. The chief financial officers of the party’s registered candidates must comply with subsection (4).

5. The chief financial officer of the party must comply with subsection (5) in relation to contributions received on or after June 1, 2012.

6. Subsection (6) applies to the chief financial officers of the party’s registered constituency associations.

7. Subsection (6) applies to the chief financial officers of the party’s registered candidates.

8. Subsection (7) applies to the chief financial officer of the party. 2010, c. 7, s. 41.

Role of Chief Electoral Officer

Guidelines

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

Same

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

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

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

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

Publication

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

Timing

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

Assessment

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

Approval

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

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

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

Compliance

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

Opting in before June 1, 2012

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

Exemption, 50 per cent threshold

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

Same

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

Opting in on and after June 1, 2012

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

Loss of exemption

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

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

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

Group contributions

26.  (1)  Any contribution to a political party, constituency association, candidate or leadership contestant registered under this Act made through any unincorporated association or organization, except a trade union or an affiliated political organization in accordance with subsection (3), shall be recorded by the unincorporated association or organization as to the individual sources and amounts making up such contribution. R.S.O. 1990, c. E.7, s. 26 (1).

Copy to chief financial officer

(1.1)  A copy of the record made under subsection (1) shall be provided to the chief financial officer of the person or entity receiving the contribution. 1998, c. 9, s. 65 (1).

Application of Act to amounts making up contribution

(2)  The amounts making up a contribution under subsection (1) that are attributable to any person, corporation or trade union are contributions of such person, corporation or trade union for the purposes of this Act. R.S.O. 1990, c. E.7, s. 26 (2).

Contribution by affiliated political organization

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

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

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

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

Restriction, contributions to affiliated political organizations

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

(a) a political party; or

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

Same

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

Definition

(4)  For the purposes of this section,

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

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

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

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

28.  No political party, constituency association or candidate registered under this Act and no person on its or his or her behalf shall knowingly accept any contributions in excess of the limits imposed by this Act. R.S.O. 1990, c. E.7, s. 28.

Prohibited contributions and transfers

Contributions prohibited from outside Ontario and to persons, etc., outside Ontario

29.  (1)  No political party, constituency association, candidate or leadership contestant registered under this Act shall directly or indirectly,

(a) knowingly accept contributions from any person normally resident outside Ontario, from any corporation that does not carry on business in Ontario or from a trade union other than a trade union as defined in this Act; or

(b) contribute or transfer funds to any political party, constituency association, candidate or leadership contestant not registered under this Act, including a federal political party registered under the Canada Elections Act, any federal constituency association or candidate at a federal election endorsed by such federal political party and any candidate at a municipal election under the Municipal Elections Act, except that “during an election” as defined in the Canada Elections Act a registered party may transfer to a federal political party registered under the Canada Elections Act an amount not exceeding, in the aggregate, $100 for each candidate at a federal election in a federal electoral district in Ontario who is endorsed as a candidate by that federal political party. R.S.O. 1990, c. E.7, s. 29 (1).

No transfer of funds from constituency association to leadership contestant

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

Annual membership fees

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

Trade unions check-off

31.  Contributions of not more than 15 cents per month by any member of a bargaining unit represented by a trade union through payroll deductions shall not be considered contributions from a person for the purposes of this Act, but any amounts contributed to a political party, constituency association or candidate registered under this Act from such funds shall be deemed to be a contribution from the trade union. R.S.O. 1990, c. E.7, s. 31.

Who may accept contributions for candidate or leadership contestant

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

Chief financial officers

Chief financial officer, of party or association

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

of candidate or leadership contestant

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

Appointment of new chief financial officer

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

Responsibilities

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

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

(b) contributions are placed in the appropriate depository;

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

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

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

Recording of contributions

Application, amounts over $100

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

Recording of contributions

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

(a) on behalf of a registered political party or constituency association,

(i) in any year, excluding any campaign period all or part of which falls in that year, or

(ii) in any campaign period;

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

(c) on behalf of a registered leadership contestant, in the leadership contest period. 1998, c. 9, s. 67.

Separate recording

(3)  Contributions to which subclause (2) (a) (i) applies shall be recorded separately from those to which subclause (2) (a) (ii) applies. 1998, c. 9, s. 67.

Disclosure of contributions

Application, amounts over $100

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

Disclosure

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

(a) on behalf of a registered political party,

(i) in any year, excluding any campaign period all or part of which falls in that year, or

(ii) in any campaign period; or

(b) on behalf of a registered leadership contestant, in the leadership contest period. 2005, c. 35, s. 2 (4).

Report to Chief Electoral Officer

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

Publication on website

(4)  Within 10 days after the report is filed, the Chief Electoral Officer shall ensure that the report or the information it contains is published on a website on the Internet in accordance with clause 2 (1) (j.2). 2005, c. 35, s. 2 (4); 2007, c. 15, s. 40 (1).

Counting days

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

Separate treatment

(6)  Contributions to which subclause (2) (a) (i) applies shall be dealt with separately from those to which subclause (2) (a) (ii) applies. 2005, c. 35, s. 2 (4).

Contributions deposited on and after January 1, 2004 included

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

Transition

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

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

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

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

Definition

(9)  In this section,

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

Loans and Guarantees

Borrowing

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

(a) a financial institution; or

(b) a registered party or constituency association. 1998, c. 9, s. 68; 2007, c. 7, Sched. 7, s. 186 (6).

Report to Chief Electoral Officer

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

Prohibition, receiving loan

(3)  No party, constituency association, candidate or leadership contestant registered under this Act shall receive any support in the form of a loan, except as provided in subsection (1). 1998, c. 9, s. 68.

Prohibition, receiving support in form of guarantee, etc.

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

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

(b) a person, corporation or trade union that would be entitled to make a contribution under this Act. 1998, c. 9, s. 68.

Prohibition, making loan

(5)  No person or entity, other than one listed in clause (1) (a) or (b), shall make a loan to a party, constituency association, candidate or leadership contestant registered under this Act. 1998, c. 9, s. 68.

Prohibition, giving guarantee, etc.

(6)  No person or entity, other than a person, corporation or trade union that would be entitled to make a contribution under this Act, shall guarantee or provide collateral security for a loan to a party, constituency association, candidate or leadership contestant registered under this Act. 1998, c. 9, s. 68.

Loan as contribution

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

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

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

Payment by guarantor as contribution

(8)  A payment made by a guarantor in respect of a guarantee is not a contribution for the purposes of this Act, except that if the guarantor waives the right to recover the payment from the principal debtor, the amount to which the waiver applies is a contribution and is subject to the applicable limits in section 18. 1998, c. 9, s. 68.

Pre-1986 loans

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

No contribution or expense

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

Two-year limitation

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

Release of Election Surveys on Polling Day

Prohibition

36.1  (1)  No person shall publish, broadcast or transmit to the public, in an electoral district on polling day before the close of all the polling stations in that electoral district, the results of an election survey that have not previously been made available to the public. 2010, c. 7, s. 42.

Extended application

(2)  Subsection (1) also applies in respect of corporations, trade unions, political parties, constituency associations and third parties. 2010, c. 7, s. 42.

Definition

(3)  In this section,

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

Campaign Advertising

Blackout period

37.  (1)  In this section,

“blackout period” means,

(a) in a by-election and in a general election that is not held under subsection 9 (2) of the Election Act, the period that begins when the writ of election is issued and ends on the 22nd day before polling day, and

(b) in any election, polling day and the day before polling day. 2007, c. 15, s. 31 (1).

No political advertising during blackout period

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

Same

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

Exceptions

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

1. Genuine news reporting.

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

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

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

Exceptions subject to guidelines

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

1. Advertising public meetings in constituencies.

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

3. Advertising for volunteer campaign workers.

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

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

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

Rates to be charged during election campaign

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

Non-application of section

(7)  This section does not apply to an official website of a registered party, registered candidate or registered constituency association on the Internet. 2010, c. 7, s. 43.

Definitions

37.1  In this section and in sections 37.2 to 37.13,

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

“expenses” means,

(a) amounts paid,

(b) liabilities incurred,

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

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

“third party election advertising” means political advertising that appears during an election period and is placed by or on behalf of a third party, and “third party election advertisement” has a corresponding meaning; (“publicité électorale d’un tiers”, “annonce électorale d’un tiers”)

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

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

(b) the acquisition of the means of transmission of a third party election advertisement to the public. (“dépenses liées à la publicité électorale d’un tiers”) 2007, c. 15, s. 32.

Categorization of expenses

37.2  For the purposes of sections 37.4 to 37.13, the following rules apply in determining whether an amount of expenses is incurred for third party election advertising:

1. An amount that is paid by a third party for third party election advertising is included whether it is paid before, during or after the election period.

2. If a combined amount is paid for both third party election advertising and other political advertising, the amount shall be apportioned according to when the advertising appears. 2007, c. 15, s. 32.

Saving

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

Identification

37.4  Subsections 22 (5) to (9) apply, with necessary modifications, with respect to third parties and third party election advertisements. 2007, c. 15, s. 32.

Registration requirement for third parties

37.5  (1)  A third party shall apply for registration under this section immediately after having incurred expenses of a total amount of $500 for third party election advertising. 2007, c. 15, s. 32.

Application for registration

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

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

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

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

(i) its address and telephone number, and

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

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

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

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

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

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

Appointment of chief financial officer

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

Same

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

Resolution

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

Examination of application

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

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

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

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

Timing

(7)  The Chief Electoral Officer is not required to act under subsection (6) until the day the writ is issued for the election. 2007, c. 15, s. 32.

Application rejected

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

Same

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

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

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

Registration ends

(10)  The registration of a third party ceases to be valid when the election period ends, but the third party continues to be subject to the requirement to file a third party election advertising report under subsection 37.12 (1). 2007, c. 15, s. 32.

Appointment of chief financial officer

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

Responsibilities

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

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

(b) contributions are placed in the appropriate depository;

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

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

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

Chief financial officer – ineligible persons

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

1. A candidate.

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

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

Requirement to appoint auditor

37.7  (1)  A third party that incurs expenses in an aggregate amount of $5,000 or more for third party election advertising shall appoint an auditor without delay. 2007, c. 15, s. 32.

Eligibility criteria

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

Ineligibility criteria

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

1. The third party’s chief financial officer.

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

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

4. A candidate.

5. The chief financial officer or auditor of a registered candidate, party, constituency association or leadership contestant. 2007, c. 15, s. 32.

Notification of appointment

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

Replacement

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

Registry of third parties

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

Duty of chief financial officer

Acceptance of contributions

37.9  (1)  Every contribution that is made to a registered third party shall be accepted by its chief financial officer if,

(a) it is made during the period that begins two months before the issue of the writ for an election and ends three months after polling day; and

(b) it is made for the purpose of third party election advertising. 2007, c. 15, s. 32.

Authorization of expenses

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

Delegation

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

Prohibition, use of certain contributions

37.10  (1)  No third party shall use a contribution for the purpose of third party election advertising unless it is made by,

(a) an individual ordinarily resident in Ontario;

(b) a corporation that,

(i) carries on business in Ontario, and

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

(c) a trade union as defined in this Act. 2007, c. 15, s. 32.

Same

(2)  No third party shall use for the purpose of third party election advertising a contribution that is made during the period described in clause 37.9 (1) (a) if the third party does not know the name and address of the contributor or is otherwise unable to determine within which class of contributor referred to in subsection 37.12 (6) they fall. 2007, c. 15, s. 32.

Group contributions

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

Same

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

Same

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

Contributions over $25

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

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

(b) shall be contributed,

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

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

Depositing of contributions

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

Third party election advertising report

37.12  (1)  The chief financial officer of every third party that is required to be registered in accordance with subsection 37.5 (1) shall file a third party election advertising report in the prescribed form with the Chief Electoral Officer within six months after polling day. 2007, c. 15, s. 32.

Details re expenses

(2)  A third party election advertising report shall contain a list of all third party election advertising expenses and the time and place of broadcast or publication of the advertisements to which the expenses relate. 2007, c. 15, s. 32.

When no expenses

(3)  If a third party has not incurred third party election advertising expenses, that fact shall be indicated in its third party election advertising report. 2007, c. 15, s. 32.

Details re contributions

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

(a) the amount, by class of contributor, of contributions for third party election advertising purposes that were received in the period beginning two months before the issue of the writ and ending three months after polling day;

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

(c) the amount, other than an amount of a contribution referred to in clause (a), that was paid out of the third party’s own funds for third party election advertising expenses. 2007, c. 15, s. 32.

Same

(5)  If the chief financial officer is unable to identify which contributions were received for third party election advertising purposes during the period referred to in clause (4) (a), the third party election advertising report shall list the names and addresses of every contributor who donated a total of more than $100 to the third party during that period. 2007, c. 15, s. 32.

Classes of contributors

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

1. Individuals.

2. Corporations.

3. Trade unions. 2007, c. 15, s. 32.

Bills, receipts

(7)  A third party shall, at the request of the Chief Electoral Officer, provide the original of any bill, voucher or receipt in relation to a third party election advertising expense that is in an amount of more than $50. 2007, c. 15, s. 32.

Auditor’s report

37.13  (1)  The third party election advertising report of a third party that incurs $5,000 or more in third party election advertising expenses shall include a report made under subsection (2). 2007, c. 15, s. 32.

Same

(2)  The third party’s auditor shall report on the third party election advertising report and shall make any examination that will enable the auditor to give an opinion in the auditor’s report as to whether the third party election advertising report presents fairly the information contained in the accounting records on which it is based. 2007, c. 15, s. 32.

Statement

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

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

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

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

Right of access

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

Campaign Expenses

Limitation of campaign expenses

Limitation: political party

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

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

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

Applicable amount

(2)  For the purposes of subsection (1), the applicable amount is 60 cents, multiplied by the indexation factor determined under section 40.1 and rounded to the nearest cent. 1998, c. 9, s. 70.

Limitation of campaign expenses: candidate, constituency association

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

Applicable amount

(3.1)  For the purposes of subsection (3), the applicable amount is 96 cents, multiplied by the indexation factor determined under section 40.1 and rounded to the nearest cent. 1998, c. 9, s. 70.

Number of electors

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

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

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

Increase for candidates in certain northern electoral districts

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

1. Algoma-Manitoulin.

2. Kenora-Rainy River.

3. Nickel Belt.

4. Thunder Bay-Atikokan.

5. Thunder Bay-Superior North.

6. Timiskaming-Cochrane.

7. Timmins-James Bay. 2005, c. 35, s. 2 (5); 2007, c. 7, Sched. 11, s. 3.

Applicable amount

(3.4)  For the purpose of subsection (3.3), the applicable amount is $7,000, multiplied by the indexation factor determined under section 40.1 and rounded to the nearest dollar. 2005, c. 35, s. 2 (5).

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

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

Reduction of subsidy

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

Approval of chief financial officer

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

Time for submission of payment claims

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

Payment of expenses by chief financial officer

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

Disputed claims

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

Foundation

Foundation

39.  (1)  A political party shall, prior to filing an application for registration under this Act, establish a non-profit corporation as a foundation for the purposes of receiving and managing the assets, except the premises, equipment, supplies and other such property required for the administration of the affairs of the party, held by the political party immediately prior to filing such application and,

(a) all the assets of the foundation shall consist of deposits with a financial institution or shall be invested in investments authorized for trust money by the Trustee Act;

(b) no funds or other property shall be received by or transferred to the foundation after the filing of an application for registration of that political party other than interest on the amounts on deposit or the income from investments referred to in clause (a); and

(c) the foundation shall file with the Chief Electoral Officer, on or before the 31st day of May in each year, a report of the expenditures of the foundation during the previous year. R.S.O. 1990, c. E.7, s. 39 (1); 1998, c. 9, s. 79; 2002, c. 8, Sched. I, s. 9; 2007, c. 15, s. 40 (1); 2007, c. 7, Sched. 7, s. 186 (7).

Foundation funds not contributions

(2)  Funds transferred by the foundation to a political party, constituency association or candidate are not contributions for the purposes of this Act but shall be recorded as to amount and source by the recipient of the funds. R.S.O. 1990, c. E.7, s. 39 (2).

Application

(3)  Subsection (1) does not apply, and shall be deemed never to have applied, to a political party whose assets, at the time of application for registration under this Act, consist only of the premises, equipment, supplies and other such property required for the administration of the affairs of the political party. R.S.O. 1990, c. E.7, s. 39 (3).

Auditors

Auditors

Appointment

40.  (1)  Every candidate and leadership contestant at the time of appointment of his or her chief financial officer, and every registered party and registered constituency association, within thirty days after becoming registered under this Act, shall appoint an auditor licensed under the Public Accounting Act, 2004 or a firm whose partners resident in Ontario are licensed under that Act and shall forthwith advise the Chief Electoral Officer of the name and address of such auditor or firm. R.S.O. 1990, c. E.7, s. 40 (1); 1998, c. 9, s. 79; 2004, c. 8, s. 46; 2007, c. 15, s. 40 (1).

Idem

(2)  Where an auditor appointed under subsection (1) ceases for any reason, including resignation, to hold office as such, ceases to be qualified as provided in subsection (1) or becomes ineligible as provided in subsection (3), the candidate, leadership contestant, political party or constituency association, as the case may be, shall forthwith appoint another auditor licensed under the Public Accounting Act, 2004 or a firm whose partners resident in Ontario are licensed under that Act and shall forthwith advise the Chief Electoral Officer of the name and address of such auditor or firm. R.S.O. 1990, c. E.7, s. 40 (2); 1998, c. 9, s. 79; 2004, c. 8, s. 46; 2007, c. 15, s. 40 (1).

Persons not eligible

(3)  No returning officer, deputy returning officer or election clerk and no candidate, or leadership contestant, or chief financial officer of a candidate or leadership contestant, or chief financial officer of a registered party or constituency association shall act as the auditor for the candidate, leadership contestant, registered party or constituency association, but nothing in this subsection makes ineligible the partners or firm with which such a person is associated from acting as an auditor for a candidate or registered party or constituency association or leadership contestant. R.S.O. 1990, c. E.7, s. 40 (3).

Auditor’s report

(4)  The auditor appointed under subsection (1) or (2) shall make a report to the chief financial officer of the candidate, leadership contestant, political party or constituency association that appointed the auditor in respect of the financial statements, as required by sections 41 and 42 and shall make such examination of the financial statements and supporting documentation as is necessary to enable the auditor to report thereon in accordance with generally accepted auditing standards. R.S.O. 1990, c. E.7, s. 40 (4).

Where statement required

(5)  An auditor, in the report under subsection (4), shall make such statements as the auditor considers necessary in any case where,

(a) the auditor has not received from the chief financial officer all the information and explanation that he or she has required; or

(b) proper accounting records have not been kept by the chief financial officer so far as appears from the auditor’s examination. R.S.O. 1990, c. E.7, s. 40 (5).

Right of access

(6)  An auditor appointed under subsection (1) or (2) shall have access at all reasonable times to all records, documents, books, accounts and vouchers of the candidate, leadership contestant, political party or constituency association that appointed the auditor and is entitled to require from the chief financial officer such information and explanation as in the auditor’s opinion may be necessary to enable the auditor to report as required by subsection (4). R.S.O. 1990, c. E.7, s. 40 (6).

Auditor’s subsidy

(7)  The Chief Electoral Officer shall subsidize the cost of auditors’ services for political parties, constituency associations, candidates and leadership contestants by paying, in respect of audits required by subsection (4),

(a) to the auditor of a party, the lesser of,

(i) $1,200, multiplied by the indexation factor determined under section 40.1 and rounded to the nearest dollar, and

(ii) the amount of the auditor’s account to the party;

(b) to the auditor of a constituency association, the lesser of,

(i) $600, multiplied by the indexation factor determined under section 40.1 and rounded to the nearest dollar, and

(ii) the amount of the auditor’s account to the association;

(c) to the auditor of a candidate, the lesser of,

(i) $1,000, multiplied by the indexation factor determined under section 40.1 and rounded to the nearest dollar, and

(ii) the amount of the auditor’s account to the candidate; and

(d) to the auditor of a leadership contestant, the lesser of,

(i) $800, multiplied by the indexation factor determined under section 40.1 and rounded to the nearest dollar, and

(ii) the amount of the auditor’s account to the leadership contestant. 1998, c. 9, s. 71; 2007, c. 15, s. 40 (1).

Indexation factor

40.1  (1)  For the purposes of subsection 18 (1), subsections 38 (2), (3.1) and (3.4), and subsection 40 (7), the indexation factor is,

(a) in the five-year period consisting of the calendar years 1999 to 2003, 1;

(b) in each subsequent five-year period, beginning with the period consisting of the calendar years 2004 to 2008, the percentage change in the Consumer Price Index for Canada for prices of all items for the 60-month period ending October 31 of the last year of the previous five-year period, as published by Statistics Canada, rounded to the nearest two decimal points. 1998, c. 9, s. 72.

Publication

(2)  As soon as possible after January 1, 2004, and as soon as possible after the beginning of every fifth calendar year after 2004, the Chief Electoral Officer shall publish, in accordance with subsection (3), statements of,

(a) the indexation factor for the current five-year period;

(b) all applicable amounts for the current five-year period under subsection 18 (1), subsections 38 (2), (3.1) and (3.4), and subsection 40 (7). 1998, c. 9, s. 72; 2007, c. 15, s. 40 (1).

Same

(3)  The statements shall be published,

(a) in The Ontario Gazette; and

(b) on a website on the Internet. 1998, c. 9, s. 72.

Two five-year periods

(4)  If a campaign period falls partly in one five-year period and partly in the next it shall, for the purposes of determining an applicable amount under section 38, be deemed to fall entirely in the earlier one. 1998, c. 9, s. 72.

Financial Statements

Annual filing of financial statement and report

41.  (1)  The chief financial officer of every political party and constituency association registered under this Act shall, on or before the 31st day of May in each year, file with the Chief Electoral Officer a financial statement,

(a) of assets and liabilities as at the end of the previous year;

(b) of income and expenses for the previous year, excluding, in the case of a political party, the income and expenses relating to an election received or incurred in a campaign period and, in the case of a constituency association, all income and expenses received or incurred in a campaign period; and

(c) setting out all the information required to be recorded under subsection 34 (1) for the previous year, excluding such information that relates to a campaign period,

of the political party or constituency association for which the chief financial officer acts, together with the auditor’s report thereon as required by subsection 40 (4). R.S.O. 1990, c. E.7, s. 41; 1998, c. 9, s. 79; 2007, c. 15, s. 40 (1).

Report to Chief Electoral Officer

(2)  A party or constituency association that waives repayment of an amount under subsection 36 (1) shall include the details in the annual financial statement filed under this section. 1998, c. 9, s. 73.

Filing of other financial statements

Filing of financial statement relating to campaign period

42.  (1)  The chief financial officer of every political party, constituency association and candidate registered under this Act shall, within six months after polling day, file with the Chief Electoral Officer a financial statement,

(a) in the case of a political party, of the income and expenses relating to the election received or incurred in the campaign period and in the case of a constituency association or candidate, of all income and expenses received or incurred in the campaign period;

(b) of all campaign expenses, paid and outstanding, incurred in a campaign period and a statement of all disputed claims; and

(c) setting out all the information required to be recorded under subsection 34 (1) that relates to the campaign period,

of the political party, constituency association or candidate for which the chief financial officer acts, together with the auditor’s report thereon as required by subsection 40 (4). R.S.O. 1990, c. E.7, s. 42 (1); 1998, c. 9, s. 79; 2007, c. 15, s. 40 (1).

By-elections

(2)  In relation to a by-election, subsection (1) applies only to registered political parties and constituency associations that received contributions or made expenditures in relation to such by-election, and to registered candidates at such by-election. R.S.O. 1990, c. E.7, s. 42 (2).

Where general election called

(3)  Where writs for a general election are issued during a campaign period relating to a by-election, the campaign period relating to such by-election shall, for the purposes of subsection (1), be deemed to have terminated on the day before the day the writs for the general election were issued and the financial statements referred to in subsection (1) shall be filed with the Chief Electoral Officer within three months after the deemed termination of the campaign period. R.S.O. 1990, c. E.7, s. 42 (3); 1998, c. 9, s. 79; 2007, c. 15, s. 40 (1).

Filing of financial statements relating to leadership contest

(4)  The chief financial officer of every registered leadership contestant shall file financial statements in accordance with the following rules:

1. Within six months after the date of the leadership vote, a statement shall be filed with respect to the period that begins on the date of the official call for the leadership contest and ends two months after the date of the leadership vote.

2. Within 20 months after the date of the leadership vote, a statement shall be filed with respect to the 12-month period that begins two months after the date of the leadership vote.

3. Each statement shall show all income received and expenses incurred during the relevant period and all information required to be recorded under subsection 34 (1) in respect of that period.

4. Each statement shall be accompanied by the auditor’s report required by subsection 40 (4). 1998, c. 9, s. 74.

Surplus, second statement

(5)  Any surplus that is shown in the second financial statement shall forthwith be paid over to the registered party that held the leadership contest. 1998, c. 9, s. 74.

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

43.  (1)  Where the chief financial officer of a registered candidate or leadership contestant who is not declared elected fails to file a financial statement as required by section 42, together with the auditor’s report thereon as required by subsection 40(4), the candidate or leadership contestant, in addition to any other penalty, is ineligible to stand as a candidate at any election up to and including the next general election unless prior thereto he or she or the chief financial officer has filed such financial statement and the auditor’s report thereon with the Chief Electoral Officer. R.S.O. 1990, c. E.7, s. 43 (1); 1998, c. 9, s. 79; 2007, c. 15, s. 40 (1).

Vacation of seat

(2)  Where,

(a) in the case of a registered candidate who is elected as a member of the Assembly, the total campaign expenses incurred by the member during the campaign period relating to the election at which the candidate was elected exceeds the amount determined under subsection 38 (3); or

(b) in the case of a registered candidate or registered leadership contestant who is elected or sitting as a member of the Assembly, the chief financial officer of the member fails to file a financial statement as required by section 42, together with the auditor’s report thereon as required by subsection 40 (4),

the Chief Electoral Officer shall notify the Speaker who shall inform the Assembly and, if the Assembly finds no mitigating reason for non-compliance, the member shall forthwith vacate his or her seat and, in addition, the member is liable to any other penalty that may be imposed under any Act. R.S.O. 1990, c. E.7, s. 43 (2); 1998, c. 9, s. 79; 2005, c. 35, s. 2 (6); 2007, c. 15, s. 40 (1).

Speaker’s warrant

(3)  Where a member is required to vacate his or her seat,

(a) under clause (2) (a); or

(b) under clause (2) (b), unless the member or his or her chief financial officer files a financial statement and the auditor’s report thereon with the Chief Electoral Officer within sixty days after the Speaker has informed the Assembly of the non-compliance under subsection (2),

the Speaker shall address a warrant under the hand and seal of the Speaker to the Chief Electoral Officer for the issue of a writ for the election of a member in the place of the member whose seat is vacated and the writ shall be issued accordingly. R.S.O. 1990, c. E.7, s. 43 (3); 1998, c. 9, s. 79; 2007, c. 15, s. 40 (1).

Public Funding of Candidate and Party Expenses

Reimbursement

Partial reimbursement of campaign expenses

44.  (1)  Every registered candidate who receives at least 15 per cent of the popular vote in his or her electoral district is entitled to be reimbursed by the Chief Electoral Officer for the lesser of,

(a) 20 per cent of the candidate’s campaign expenses for the campaign period, as shown on the statement of income and expenses filed under section 42, together with the auditor’s report referred to in subsection 40 (4); and

(b) 20 per cent of the maximum expenditure limit under subsection 38 (3). 1998, c. 9, s. 75 (1); 2007, c. 15, s. 40 (1).

Increase for certain candidates

(2)  In relation to candidates in electoral districts listed in subsection 38 (3.3), the amount determined under subsection (1) shall be increased by the applicable amount determined under subsection 38 (3.4). 2009, c. 33, Sched. 3, s. 2.

Conditions for reimbursement

(3)  A candidate is not entitled to be reimbursed under subsection (1) unless,

(a) the financial statements and auditor’s report required by section 42 and subsection 40 (4) in respect of the candidate have been filed, and the Chief Electoral Officer is satisfied that they meet the requirements of this Act; and

(b) in the case of a candidate with party affiliation, the requirements of clause (a) have also been met with respect to the constituency association that endorses the candidate. 1998, c. 9, s. 75 (3); 2007, c. 15, s. 40 (1).

Money to be applied to discharge debts of candidate

(4)  Where the candidate’s financial statement shows a deficit and the candidate is entitled to be reimbursed for expenses under subsection (1), the money payable to his or her chief financial officer shall be first applied to discharge the debts creating the deficit and should any deficit remain thereafter, in the case of a candidate endorsed as the official candidate of a registered party, the deficit shall be assumed by the registered constituency association endorsing that candidate. R.S.O. 1990, c. E.7, s. 44 (4).

Surplus in candidate’s account

(5)  Any surplus, determined by taking into account in the financial statement of a registered candidate the money, if any, paid to the candidate’s chief financial officer under subsection (1), shall be forthwith paid over,

(a) in the case of a candidate endorsed as the official candidate of a registered party, to that registered party or to the registered constituency association endorsing the candidate; and

(b) in the case of an independent candidate, to the Chief Electoral Officer. R.S.O. 1990, c. E.7, s. 44 (5); 1998, c. 9, s. 79; 2007, c. 15, s. 40 (1).

Reimbursement of political party’s expenses

(6)  Every registered party that receives at least 15 per cent of the popular vote in any electoral district and that has filed its statement of income and expenses with the Chief Electoral Officer in accordance with section 42, together with the auditor’s report in accordance with subsection 40 (4), is entitled to be reimbursed by the Chief Electoral Officer for the aggregate amount determined by multiplying 5 cents by the number of electors entitled to vote, as certified by the Chief Electoral Officer under the Election Act, in each electoral district in which the political party received 15 per cent of the popular vote and such money shall be payable to the political party’s chief financial officer. R.S.O. 1990, c. E.7, s. 44 (6); 1998, c. 9, s. 79; 2007, c. 15, s. 40 (1).

Filing of financial statements required

(7)  Subject to subsection (7.1), a political party is not entitled to be reimbursed for expenses under subsection (6) unless its chief financial officer has filed the financial statements required by section 42, together with the auditor’s report on them as required by subsection 40 (4), and the Chief Electoral Officer is satisfied that such statements meet the requirements of this Act. 1998, c. 9, s. 75 (4); 2007, c. 15, s. 40 (1).

Interim payment to party

(7.1)  The Chief Electoral Officer may, on receiving the financial statements and auditor’s report, make an interim payment to the party of up to 50 per cent of the amount to which it will be entitled when the requirements of subsection (7) are met. 1998, c. 9, s. 75 (4); 2007, c. 15, s. 40 (1).

Definition

(8)  In this section,

“popular vote” means the total counted ballots cast in favour of all candidates in an electoral district and does not include any rejected, cancelled, declined or unused ballot. R.S.O. 1990, c. E.7, s. 44 (8); 1998, c. 9, s. 75 (5).

Readjustment of Electoral Districts

New constituency associations due to readjustment

Definitions

44.1  (1)  In this section and in section 44.2,

“effective date” means the date on which the Representation Act, 2005 comes into force; (“date de prise d’effet”)

“new”, when used in connection with electoral districts or constituency associations, refers to the electoral districts described in subsection 2 (1) of the Representation Act, 2005 and to their constituency associations; (“nouvelles”)

“old”, when used in connection with electoral districts or constituency associations, refers to the electoral districts described in subsection 2 (5) of the Representation Act, 2005 and to their constituency associations. (“anciennes”) 2005, c. 35, s. 2 (7).

Registration of new constituency associations

(2)  After the effective date, the Chief Electoral Officer shall register new constituency associations in the register mentioned in subsection 11 (2). 2005, c. 35, s. 2 (7); 2007, c. 15, s. 40 (1).

Formal requirements of application

(3)  The Chief Electoral Officer shall register a new constituency association only if its application complies with subsection 11 (2) and is accompanied by a document, in a form prescribed by the Chief Electoral Officer, indicating the approval of the registered political party concerned. 2005, c. 35, s. 2 (7); 2007, c. 15, s. 40 (1).

Automatic dissolution of old associations

(4)  Except for the purposes of this section, every old constituency association is dissolved on,

(a) December 31, 2006; or

(b) the day the Legislature is dissolved, if it is dissolved on a day that falls before December 31, 2006. 2005, c. 35, s. 2 (7).

Earlier dissolution at party’s request

(5)  The Chief Electoral Officer shall, if the registered political party concerned so requests in writing, make an order dissolving an old constituency association as of a specified date before December 31, 2006. 2005, c. 35, s. 2 (7); 2007, c. 15, s. 40 (1).

Assets and liabilities

(6)  Every old constituency association shall transfer its assets and liabilities to one or more new registered constituency associations, to the registered political party concerned or to both, subject to any written direction by the registered political party concerned,

(a) in the case of dissolution under clause (4) (a) or under subsection (5), before it is dissolved;

(b) in the case of dissolution under clause (4) (b), within 10 days after being dissolved. 2005, c. 35, s. 2 (7).

Filing of direction

(7)  A direction referred to in subsection (6) shall be filed with the Chief Electoral Officer. 2005, c. 35, s. 2 (7); 2007, c. 15, s. 40 (1).

Authority to act on party’s behalf

(8)  Each registered political party shall provide the Chief Electoral Officer with a document identifying the person or persons who have authority to perform the functions referred to in subsections (3), (5) and (6). 2005, c. 35, s. 2 (7); 2007, c. 15, s. 40 (1).

Report

(9)  Within 90 days after being dissolved, every old constituency association shall file with the Chief Electoral Officer a statement setting out the assets and liabilities it still held, if any,

(a) on the day it was dissolved, in the case of dissolution under clause (4) (a) or under subsection (5);

(b) on the 11th day after being dissolved, in the case of dissolution under clause (4) (b). 2005, c. 35, s. 2 (7); 2007, c. 15, s. 40 (1).

Deemed transfer to party

(10)  Any assets and liabilities that an old constituency association still held on the day referred to in clause (9) (a) or (b), as the case may be, are deemed to have been transferred to the registered political party on that day; the party may then transfer them to its new constituency associations as it sees fit. 2005, c. 35, s. 2 (7).

Combining filings

(11)  The Chief Electoral Officer may allow an old constituency association to combine any reports and statements required to be filed under this Act with the previous calendar year’s reports and statements. 2005, c. 35, s. 2 (7); 2007, c. 15, s. 40 (1).

Postponing filings

(12)  The Chief Electoral Officer may allow a new constituency association to postpone the filing of any reports and statements required under this Act until the end of the following calendar year. 2005, c. 35, s. 2 (7); 2007, c. 15, s. 40 (1).

By-election during transition period

44.2  (1)  If a writ is issued for an election in an old electoral district after a registered constituency association has been dissolved under section 44.1, but before the first dissolution of the Legislature that occurs after the effective date, the registered political party concerned may,

(a) establish a provisional constituency association for the old electoral district;

(b) designate a new constituency association to act in the place of the old constituency association; or

(c) conduct the electoral campaign directly without interposing a provisional or designated constituency association. 2005, c. 35, s. 2 (8).

Application of Act

(2)  With respect to the campaign period, this Act applies to the provisional constituency association, designated constituency association or registered political party, as the case may be, as if it were a registered constituency association for the electoral district. 2005, c. 35, s. 2 (8).

Same, campaign expenses

(3)  Without limiting the generality of subsection (2), a registered political party that conducts an electoral campaign directly is entitled to incur campaign expenses under subsection 38 (2), to the same extent as a constituency association, in addition to its expenses under subsection 38 (1). 2005, c. 35, s. 2 (8).

44.3  Spent: 1996, c. 28, s. 3.

Note: The transitional period began on January 1, 1997 and ended on May 5, 1999.

Forms

Forms

45.  All applications, returns, statements, balance sheets and other documents required to be filed with the Chief Electoral Officer shall be filed in the form prescribed therefor by the Chief Electoral Officer. R.S.O. 1990, c. E.7, s. 45; 1998, c. 9, s. 79; 2007, c. 15, s. 40 (1).

Offences

Failure to file financial statements

46.  If the chief financial officer of a party, constituency association, candidate or leadership contestant registered under this Act knowingly contravenes section 41 or 42,

(a) the chief financial officer is guilty of an offence and on conviction is liable to a fine of not more than $5,000; and

(b) the party, constituency association, candidate or leadership contestant is also guilty of an offence and on conviction is liable to a fine of $50 for each day that the default continues. 1998, c. 9, s. 76.

Failure to file third party election advertising report

46.0.1  If the chief financial officer of a third party knowingly contravenes section 37.12,

(a) the chief financial officer is guilty of an offence and on conviction is liable to a fine of not more than $5,000; and

(b) the third party is also guilty of an offence and on conviction is liable to a fine of $50 for each day that the default continues. 2007, c. 15, s. 33.

Failure to deposit contribution, file report

46.1  If the chief financial officer of a party or leadership contestant registered under this Act knowingly contravenes subsection 34.1 (3),

(a) the chief financial officer is guilty of an offence and on conviction is liable to a fine of not more than $5,000; and

(b) the party or leadership contestant is also guilty of an offence and on conviction is liable to a fine of not more than double the amount of the contribution with respect to which no report was filed. 2005, c. 35, s. 2 (9).

Offence by corporation or trade union

47.  A corporation or trade union that knowingly contravenes any of the provisions of this Act is guilty of an offence and on conviction is liable to a fine of not more than $50,000. 1998, c. 9, s. 76.

General offence

48.  A person, political party, constituency association or third party that knowingly contravenes a provision of this Act for the contravention of which no other penalty is provided is guilty of an offence and on conviction is liable to a fine of not more than $5,000. 1998, c. 9, s. 76; 2007, c. 15, s. 34.

Offence for obstructing investigation

49.  No person shall obstruct a person making an investigation or examination under this Act or withhold from him or her or conceal or destroy any books, papers, documents or things relevant to the subject-matter of the investigation or examination. R.S.O. 1990, c. E.7, s. 49.

Offence for false statement

50.  No person shall knowingly make a false statement in any application, return, financial statement or other document filed with the Chief Electoral Officer under this Act. R.S.O. 1990, c. E.7, s. 50; 1998, c. 9, s. 79; 2007, c. 15, s. 40 (1).

Offence for false information

51.  No person shall knowingly give false information to a chief financial officer or other person authorized to accept contributions. R.S.O. 1990, c. E.7, s. 51.

Style of prosecution

52.  A prosecution for an offence under this Act may be instituted against a political party, constituency association, trade union or third party in its own name and, for the purposes of the prosecution, the political party, constituency association, trade union or third party is deemed to be a person. 2007, c. 15, s. 35.

Vicarious responsibility

52.1  Anything done or omitted by an officer, official or agent of a political party, constituency association, trade union or third party within the scope of his or her authority to act on its behalf is deemed to be a thing done or omitted by the political party, constituency association, trade union or third party. 2007, c. 15, s. 35.

Consent of Chief Electoral Officer

53.  (1)  No prosecution shall be instituted under this Act without the Chief Electoral Officer’s consent. 1998, c. 9, s. 77; 2007, c. 15, s. 40 (1).

Limitation

(2)  No prosecution shall be instituted more than two years after the facts on which it is based first came to the Chief Electoral Officer’s knowledge. 1998, c. 9, s. 77; 2007, c. 15, s. 40 (1).

Commission dissolved

54.  (1)  The Commission on Election Finances is dissolved. 1998, c. 9, s. 78.

Chief Electoral Officer in place of Commission

(2)  The Chief Electoral Officer stands in the place of the Commission for all purposes. 1998, c. 9, s. 78; 2007, c. 15, s. 40 (1).

Same

(3)  Without limiting the generality of subsection (2),

(a) all the assets and liabilities of the Commission pass to the Chief Electoral Officer on the day the Election Statute Law Amendment Act, 1998 comes into force;

(b) for the purposes of subsection 53 (2), anything that came to the Commission’s knowledge on or before that day shall be deemed to have come to the Chief Electoral Officer’s knowledge. 1998, c. 9, s. 78; 2007, c. 15, s. 40 (1).

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