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Her Majesty, by and with the advice and consent of the Legislative Assembly of New Brunswick, enacts as follows:

1(1)In this Act

“accountant” means a chartered accountant, a certified general accountant or a certified management accountant;(comptable)

“Advisory Committee” means the advisory committee on the financing of the political process established under section 20;(Comité consultatif)

“annual allowance” means the annual allowance payable to a registered political party pursuant to section 31;(allocation annuelle)

“assets” means money, accounts receivable, property and investments; (actifs)

“association” means an association of persons supporting a political party or candidate and includes a district association;(association)

“broadcasting undertaking” means a broadcasting undertaking as defined in section 2 of the Broadcasting Act, chapter B-11 of the Revised Statutes of Canada, 1970;(entreprise de radiodiffusion)

“chartered accountant” Repealed: 1980, c.40, s.1

“Chief Electoral Officer” means the Chief Electoral Officer appointed under the Elections Act“(directeur général des élections)

“contribution” means, subject to section 2, services, money or other property donated to a political party, an association or a person to support the political purposes of a political party, association, or candidate;(contribution)

“corporation” means, except for the purpose of section 88, any corporation incorporated under the laws of the Province and any corporation having its head or other office or doing business or any part thereof in the Province;(corporation)

“designated publicity agency” means a publicity agency designated by a chief agent or official agent under section 74;(agence de publicité désignée)

“election expenses of a candidate” means election expenses incurred or authorized, or deemed to have been incurred or authorized, by the official agent of that candidate, and includes the value, determined in accordance with subsection 39(3), of every contribution, other than contributions of money, made during an election,(dépenses électorales d’un candidat)

(a) in the case of a candidate of a registered political party, to the registered district association associated with that party in the electoral district in which that person is a candidate; or

(b) in the case of any other candidate, to that candidate;

“election expenses of a party” means election expenses of a registered political party;(dépenses électorales d’un parti)

“election expenses of a registered political party” means election expenses incurred or authorized, or deemed to have been incurred or authorized, by the chief agent of that party and includes the value, determined in accordance with subsection 39(3), of every contribution, other than contributions of money, made during an election to that party;(dépenses électorales d’un parti politique enregistré)

“election expenses reimbursement” means an election expenses’ reimbursement payable under section 78;(remboursement des dépenses électorales)

“enumerator” means an enumerator appointed under the Elections Act;(recenseur)

“expenditure” means any expense incurred by a political party, an association or any person for the political purposes of a political party, association or candidate;(dépenses)

“financial return” means a financial return submitted to the Supervisor under sections 58, 60 or 62;(rapport financier)

“financial year” Repealed: 2009, c.55, s.1

“fiscal year” means the period commencing on April 1 in one year and ending on March 31 in the next year; (année financière)

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

“official agent” means an official agent of a candidate under section 69 and includes an official agent as defined in the Elections Act;(agent officiel)

“official candidate of a registered political party” means a candidate who delivers to the returning officer, at the same time as his nomination paper, a certificate signed by the leader of a registered political party in the presence of two witnesses declaring that he is an official candidate of that party;(candidat officiel d’un parti politique enregistré)

“receipt” means a receipt in the form prescribed by the Supervisor pursuant to section 14 for the acknowledgement of contributions and containing the information required by subsection 46(2);(reçu)

“returning officer” means a returning officer appointed under the Elections Act;(directeur du scrutin)

“speaker” means the Speaker of the Legislative Assembly and where the Speaker in unable to act or is absent from the Province means the Deputy Speaker;(président de l’Assemblée législative)

“statement” includes a statement of election expenses submitted to the Supervisor under section 81 or 82;(déclaration)

“Supervisor” means the Supervisor of Political Financing referred to in section 4 or a person who is delegated by the Supervisor under section 11;(Contrôleur)

“trade union” means, except for the purposes of section 88, a trade union as defined by the Industrial Relations Act and the Canada Labour Code, chapter L-1 of the Revised Statutes of Canada, 1970, that holds bargaining rights for employees in the Province to whom those Acts apply;(syndicat)

“value” means fair market value;(valeur)

“valued inventory” means an inventory of property setting out the value of each item or class of property included therein;(inventaire d’évaluation)

“vehicle” includes a motor vehicle and boat but does not include an aircraft.(véhicule)

Words defined by Elections Act

1(2)In this Act

“candidate”,

“chief agent”,

“deputy official representative”,

“district association”,

“election”,

“election officer”,

“elector”,

“electoral district”,

“electoral district agent”,

“by-election”,

“official representative”,

“polling day”,

“preliminary list of electors”,

“registered district associations”,

“registered independent candidate”,

“registered political party”,

“Writ of Election”,

“during an election”, or “at an election”, “through an

election” or “an election period”,

have the same meaning as in the Elections Act.

Associated corporations under Income Tax Act single corporation

1(3)Corporations that are associated with one another under section 256 of the Income Tax Act, chapter 148 of the Revised Statutes of Canada, 1952, shall be considered as a single corporation for the purposes of this Act.

1980, c.40, s.1; 1994, c.53, s.1; 2007, c.30, s.28; 2007, c.55, s.2; 2009, c.55, s.1

CONTRIBUTIONS AND EXPENDITURES

Contributions and expenditures

2(1)The following are not considered contributions under this Act:

(a) the donation by an individual of his personal services, talents or expertise, or the use of his vehicle and the product of that donation, where it is given freely and not as part of his work in the service of an employer;

(b) amounts paid to a registered political party or candidate under any Act;

(c) a loan granted for political purposes at the current rate of interest in the market at the time it is granted;

(d) an annual amount of not more than twenty-five dollars paid by a person as dues for membership in a political party;

(e) an amount of not more than twenty-five dollars in each case paid as registration fees at political conventions;

(f) an amount of not more than ten dollars in each case paid as an entrance fee to an activity or demonstration of a political nature;

(g) without limiting paragraph (a), a donation, other than a donation of money, for political purposes made by any person, if:

(i) the donation is made out of the property or undertaking of that person;

(ii) the total value of all such donations made by that person in the calendar year is less than one hundred dollars; and

(iii) that person is not reimbursed or rewarded in any way for having made the donation.

2(2)Nothing in this Act limits or prohibits a registered political party and any of its registered district associations or official candidates transferring to or accepting from each other funds, other property or services, if each transfer and each acceptance is recorded by the appropriate official representative, official agent or chief agent and disclosed to the Supervisor pursuant to this Act.

2(3)An expense incurred for political purposes by any person shall not be considered as an expenditure under this Act if

(a) the expense is incurred out of that person’s own money;

(b) the aggregate of all such expenses incurred by that person in the calendar year is less than one hundred dollars, and

(c) no part of such expenses is reimbursable to that person from any other person.

APPLICATION

Application of Act

3(1)This Act does not apply to campaigns and conventions carried on or held in relation to the leadership of any political party or to the nomination of a candidate in an electoral district.

3(2)Notwithstanding subsection (1), the balance of any donations made in support of the campaign of the successful contender for the leadership of a political party or for the candidacy of a political party or organized group in an electoral district and not expended or consumed by him in the course of the campaign or convention shall be disclosed to the Supervisor by that person within ninety days of his obtaining that leadership or nomination.

3(3)All donations disclosed to the Supervisor under subsection (2) shall be distributed

(a) to the persons who made the donation; or

(b) to any other person for any purpose approved by the Supervisor

within a time limit prescribed by the Supervisor.

Supervisor of Political Financing

4The Chief Electoral Officer shall be the Supervisor of Political Financing under this Act.

2007, c.30, s.28; 2007, c.55, s.2

Repealed

5Repealed: 2007, c.55, s.2

1979, c.41, s.95; 1981, c.6, s.1; 2007, c.30, s.28; 2007, c.55, s.2

Repealed

6Repealed: 2007, c.55, s.2

2007, c.55, s.2

Repealed

7Repealed: 2007, c.55, s.2

2007, c.55, s.2

Repealed

8Repealed: 2007, c.55, s.2

2007, c.55, s.2

Oath of office

9(1)Before entering upon the exercise of the duties of his office, the Supervisor shall take an oath in the form prescribed in Schedule A.

9(2)The Speaker or the Clerk of the Legislative Assembly shall administer the oath referred to in subsection (1).

2007, c.30, s.28

STAFF OF THE SUPERVISOR

Staff of the Supervisor

10(1)The Supervisor may appoint such assistants, legal counsel, auditors and other employees as he considers necessary for the efficient carrying out of his powers and duties under this Act.

10(1.1)The Supervisor shall not appoint any of the following persons as staff under subsection (1):

(a) a member of the Legislative Assembly or of the Parliament of Canada;

(b) an official agent, a chief agent or an electoral district agent; or

(c) an official representative or a deputy official representative.

10(2)Before performing any official duty under this Act, a person appointed under subsection (1) shall take an oath, in the form prescribed in Schedule A.

10(3)The Supervisor shall administer the oath referred to in subsection (2).

2007, c.55, s.2

Delegation to member of staff

11(1)The Supervisor may, in writing under his signature, delegate to any member of his staff any of his powers and duties under this Act except the power to delegate, the power to hold an inquiry or the duty to make a report under this Act.

11(2)A person purporting to exercise any power or duty of the Supervisor by virtue of a delegation under subsection (1) shall produce evidence of his authority to exercise that power when requested to do so.

Authority over staff

12The Supervisor has supervision over and direction of his staff and the work of his staff.

Annual report

13The Supervisor shall prepare a report annually to the Legislative Assembly on the exercise of his functions under this Act and shall lay the report before the Legislative Assembly if it is then in session, or if not, at the next ensuing session.

DUTIES AND POWERS OF
SUPERVISOR

Duties and powers of Supervisor

14The Supervisor shall administer this Act and he shall in particular

(a) with respect to the control of political financing:

(i) determine if the political parties, associations and candidates and other persons are complying with this Act,

(ii) prescribe the forms and documents and the contents thereof for use in the application of this Act,

(iii) issue guidelines on the records to be maintained by the registered political parties, registered district associations and registered independent candidates,

(iv) receive and examine the returns and statements required to be filed with him under this Act,

(v) determine whether contributions, expenditures and election expenses have been made in accordance with this Act, where he considers it necessary;

(b) with respect to informing the public:

(i) provide, on request, to any person, advice or guidelines regarding the application and interpretation of this Act,

(ii) keep open, for public examination, during normal office hours all returns, statements and other documents filed with his office and directed to be made public under this Act,

(iii) carry out such studies on the financing of political parties as he considers necessary or desirable,

(iv) hold such information meetings and conferences as he considers necessary,

(v) publicize any provision of this Act as he considers necessary;

(c) with respect to the acknowledgement of contributions:

(i) subject to section 46, prescribe the form and content of receipts to be used for acknowledgement of contributions for the purposes of both this Act and the Income Tax Act including the number of duplicates thereof to be made and, if he considers it necessary or desirable, a system of identifying or accounting for such receipts and duplicates by serial numbers or otherwise,

(ii) issue guidelines with respect to the manner of the issuance of receipts,

(iii) issue guidelines with respect to the retention and disposition of issued receipts and duplicates thereof and unissued receipts.

1980, c.40, s.1.1; 1982, c.3, s.57

Application to Supervisor for inquiry

15(1)Any person may apply to the Supervisor for an inquiry to determine whether any contributions, expenditures or election expenses have been made in accordance with this Act.

15(2)The Supervisor may refuse to conduct or continue an inquiry when he considers that the application for the inquiry is frivolous, vexatious or made in bad faith or that an inquiry is not necessary in view of the circumstances.

15(3)Whenever he refuses to conduct or to continue an inquiry requested under subsection (1), the Supervisor shall notify the person requesting the inquiry of his refusal and give him the reasons therefor in writing.

Powers under Inquiries Act

16For the purposes of subparagraph 14(a)(v), subsection 35(2) and section 15, the Supervisor may hold an inquiry and is vested with all the powers, privileges and duties of a Commissioner under the Inquiries Act and the regulations thereunder.

Application of Evidence Act

17Sections 7 and 10 of the Evidence Act, and solicitor-client privilege apply mutatis mutandis to witnesses appearing at any inquiry instituted under this Act.

Application to Court to enter premises and inspect documents

18(1)On the application of the Supervisor, a judge of The Court of Queen’s Bench of New Brunswick may make an order, incorporating such conditions as he considers reasonable and just, authorizing the Supervisor to enter particular premises and examine documents kept therein and referred to in the Order, relating to contributions, expenditures or election expenses, and make copies of such documents.

18(2)Where the Supervisor makes an application under subsection (1), the practice and procedure of The Court of Queen’s Bench of New Brunswick respecting applications applies.

18(3)Every person demanding access to documents under an order made pursuant to subsection (1) shall, on request, exhibit such order and a writing signed by the Supervisor evidencing his authority to act on behalf of the Supervisor.

18(4)Any person who obstructs the work of a person exercising the powers invested in the person by an order issued pursuant to this section commits an offence.

1979, c.41, s.95; 1990, c.61, s.111

Liability of Supervisor and staff

19(1)The Supervisor and the members of his staff are not liable to prosecution by reason of official acts done in good faith in the performance of their duties.

19(2)No proceedings shall lie against the Supervisor or any member of his staff for anything the Supervisor or the member may do or report or say in the course of the exercise or intended exercise of any of his functions under this Act whether or not the function was within his jurisdiction, unless it is shown he acted in bad faith.

ADVISORY COMMITTEE

Establishment of Advisory Committee

20(1)An Advisory Committee on the financing of the political process is established.

20(2)The Advisory Committee shall consist of the Supervisor and two representatives of each registered political party that had official candidates in at least one-half of all electoral districts at the immediately preceding general election.

1988, c.70, s.1; 2007, c.55, s.2

Designation of representative

21(1)The leader of each registered political party that had official candidates in at least one-half of all electoral districts at the immediately preceding general election shall, within fifteen days after the commencement day of each session of the Legislative Assembly, designate that party’s representatives on the Advisory Committee by a certificate signed by the leader and filed with the Supervisor.

21(2)No member of the Legislative Assembly shall be a member of the Advisory Committee.

21(3)Persons appointed to the Advisory Committee pursuant to subsection (1) shall continue as members until fifteen days following the commencement day of the next ensuing session of the Legislative Assembly.

1988, c.70, s.2

Supervisor as Chairman

22The Supervisor shall be Chairman of the Advisory Committee.

Reimbursement and attendance allowance

23Members of the Advisory Committee other than the Supervisor shall be reimbursed for reasonable expenses incurred in the performance of their duties, and shall receive an attendance allowance, prescribed by the Lieutenant-Governor in Council, for each meeting of the Committee.

2007, c.55, s.2

Meetings

24At the request of the Chairman or of at least one-third of its members, the Advisory Committee shall meet as often as is necessary for the proper exercise of its duties.

Opinions of Advisory Committee

25The Advisory Committee shall give its opinion on any question posed by the Supervisor relating to the financing of the political process and to the application of this Act.

Results of Advisory Committee may be made public

26The Advisory Committee may make the results of its work public.

Consultation

27(1)The Supervisor shall consult the Advisory Committee periodically with regard to the application of this Act.

27(2)The Supervisor shall consult with the Advisory Committee before issuing any guideline he is authorized to issue under this Act.

REGISTRATION OF PARTIES,
DISTRICT ASSOCIATIONS AND
INDEPENDENT CANDIDATES

Solicitation, collection and acceptance of contributions

28Only a registered political party, registered district association or registered independent candidate may solicit, collect or accept contributions or incur expenditures other than election expenses.

Amount of contribution

29Subsequent to the polling day of the election at which he is a candidate, a registered independent candidate may collect contributions only up to an amount equal to an amount that his expenditures, including election expenses, up to and including polling day, exceeds the amount of the contributions received by him or on his behalf up to that date.

Remittance of assets

30(1)If a registered political party, registered district association or registered independent candidate ceases to be registered under the Elections Act, all assets still held by or on behalf of it or him at the time of the cessation of registration shall be remitted forthwith to the Supervisor.

30(2)All money remitted to the Supervisor pursuant to subsection (1) and all money realized under subsection (3) shall be applied by him, pro rata, to the just debts of the political party, district association or independent candidate that has ceased to be registered and the balance, if any, shall be transferred to the Minister of Finance to be paid into the Consolidated Fund.

30(3)All property, other than money, remitted to the Supervisor pursuant to subsection (1) shall be converted to money following the procedure established for executions under the Memorials and Executions Act.

30(3.1)Where the assets remitted to the Supervisor includes accounts receivable owed to a formerly registered district association by a registered political party, the Supervisor may retain by way of reduction or set-off the amount of indebtedness out of the annual allowance payable to that registered political party.

30(3.2)Where the assets remitted to the Supervisor includes accounts receivable owed to a formerly registered district association by a person or an association, the Supervisor may commence an action for the recovery of the amount owing.

30(3.3)In any action under subsection (3.2) a certificate signed or purporting to be signed by the Supervisor shall be accepted by all courts

(a) as conclusive proof of the office, authority and signature of the Supervisor, without proof of the appointment, authority or signature of the Supervisor, and

(b) as prima facie proof that the amount stated in the certificate is the amount owing by the person or association.

30(4)For the purpose of holding money remitted and realized under this section and for the payment of debts therefrom, the Supervisor may open accounts in chartered banks, trust companies or credit unions having a place of business in the Province and designate in writing at least two persons chosen from among the members of his staff to draw cheques or other orders of payment on those accounts.

1994, c.53, s.2

PUBLIC FINANCING OF
POLITICAL PARTIES

Entitlement to annual allowance

31An annual allowance shall be payable for each fiscal year to the following registered political parties:

(a) every registered political party represented in the Legislative Assembly on April 1 of that fiscal year; and

(b) every registered political party which, although not represented in the Legislative Assembly, had at least 10 official candidates at the preceding general election.

2009, c.55, s.2

Amount of annual allowance

32(1)In this section,“qualifying political party” means a registered political party that is entitled to receive an annual allowance.(parti politique admissible)

32(2)Subject to subsection (4), the amount of an annual allowance that is payable for a fiscal year to a qualifying political party shall be determined by using the following formula:

(A - B) × (C / D)

where

A is the amount of the appropriation authorized by the Legislature for making all of the payments which are required under this Act to be made to all of the registered political parties during the fiscal year;

B is the total amount to be paid under section 57 to all registered political parties during the fiscal year;

C is the total number of valid votes cast for all of the official candidates of that qualifying political party at the preceding general election; and

D is the total number of valid votes cast for all of the official candidates of all the qualifying political parties at the preceding general election.

32(3)For the purpose of completing the calculation under subsection (2), the figure arrived at by dividing C by D shall be rounded to the nearest one-thousandth before multiplying that figure by the result of subtracting B from A.

32(4)An amount determined in accordance with subsection (2) shall be rounded to the nearest multiple of one dollar.

32(5)After the amount of an annual allowance that is payable to a qualifying political party for a fiscal year has been determined, no adjustments shall be made to that amount during the fiscal year for which the amount was determined, despite that a general election is held during that fiscal year.

1981, c.60, s.1; 1994, c.53, s.3; 2009, c.55, s.3

Publication of statement of annual allowance payable

32.01On or before June 1 of each fiscal year, the Supervisor shall publish in The Royal Gazette a statement of the annual allowance that is payable to each of the registered political parties during that fiscal year.

2009, c.55, s.4

Repealed

32.1Repealed: 2009, c.55, s.5

1981, c.60, s.2; 2007, c.31, s.1; 2009, c.55, s.5

Payment of annual allowance

33The annual allowance payable for a fiscal year shall be paid in equal quarterly instalments not later than the last day of June, September, December and March of that fiscal year.

2009, c.55, s.6

Repealed

33.1Repealed: 2009, c.55, s.7

1991, c.E-13.1, s.18; 2009, c.55, s.7

Repealed

33.2Repealed: 2009, c.55, s.8

1994, c.53, s.4; 1997, c.16, s.1; 2007, c.31, s.2; 2009, c.55, s.8

Uses of the annual allowance

34(1)The annual allowance shall be used by the registered political party to pay the costs of their current administration, to propagate their political programmes and to coordinate the political activities of their members.

34(2)If, during a calendar year, a registered political party fails to incur costs for the uses set out in subsection (1) which are equal to or greater than the amount of the annual allowance paid to it during that calendar year, the difference between that amount and the costs actually incurred by it for those uses during that calendar year shall be remitted to the Minister of Finance to be paid into the Consolidated Fund.

2009, c.55, s.9

Annual allowance paid out of Consolidated Fund

35(1)Subject to subsection (2), on or before June 15, September 15, December 15 and March 15 of each fiscal year, the Supervisor, by certificate signed by him or her, shall authorize the Minister of Finance to pay to the official representative of a registered political party entitled to an annual allowance the quarterly instalment of that party’s annual allowance, and the Minister of Finance shall pay that amount out of the Consolidated Fund.

35(2)If the Supervisor is not satisfied, from the financial return of a registered political party, that its annual allowance is being properly applied, he may withhold any subsequent authorization of payment of instalments of that allowance pending an inquiry into the expenditures of the party.

2009, c.55, s.10

Publication of statement of payments to registered political parties

36On or before June 1 of each fiscal year, the Supervisor shall publish in The Royal Gazette a statement of the annual allowance paid during the preceding fiscal year to each of the registered political parties.

2009, c.55, s.11

CONTRIBUTIONS

Eligibility to contribute

37(1)Only individuals, corporations and trade unions may make a contribution.

37(2)Contributions may only be made to a registered political party, registered district association or registered independent candidate.

Restriction on contribution

38(1)An individual, corporation or trade union may make a contribution only out of his or its own property.

38(2)No individual, corporation or trade union shall solicit or accept services, money or other property from any source

(a) as consideration or reward for having made a contribution, or

(b) on the condition, agreement or understanding, express or implied, that he or it will, as a result, make a contribution.

Amount of contribution allowed

39(1)An individual, corporation or trade union may, during a calendar year, make a contribution not in excess of six thousand dollars to

(a) each registered political party or to a registered district association of that registered political party in accordance with subsection (1.1), and

(b) one registered independent candidate.

39(1.1)For the purposes of subsection (1), a contribution not in excess of six thousand dollars may be made under paragraph (1)(a)

(a) either to a registered political party or to a registered district association of that registered political party,

(b) so that a portion is given to a registered political party and a portion is given to one or more registered district associations of that registered political party, or

(c) so that portions are given to more than one registered district association of a registered political party.

39(2)Repealed: 1981, c.60, s.3

39(3)For the purposes of this Act, contributions other than contributions of money shall be valued as follows:

(a) in the case of property and services contributed by a trader in such property and services, at the lowest price at which he offers such property and services to the public at the time when it was contributed;

(b) in the case of property and services contributed by a nontrader in such property and services, at the retail price for such property and services prevailing in the area in which and at the time when the contribution is made.

39(4)No registered political party, registered district association or registered independent candidate and no person on its or his behalf, shall knowingly accept any contribution made in contravention of this Act.

1981, c.60, s.3; 1986, c.65, s.1; 1991, c.49, s.1

Individual as surety or guarantor

40Only an individual may become surety or guarantor for registered political parties, registered district associations or registered independent candidates but no individual may become so for a total annual amount in excess of the amount the individual is allowed to contribute under section 39.

1981, c.60, s.4; 1986, c.65, s.2; 1991, c.49, s.2

Solicitations of contributions

41(1)Contributions shall be solicited only under the direction of the official representative of a registered political party, registered district association or registered independent candidate by persons authorized in writing by the official representative.

41(2)Every person authorized to solicit contributions by an official representative shall, on request, exhibit a certificate signed by the official representative evidencing his authority.

Contributions made to official representative

42No contribution shall be made except to the official representative of the registered political party, registered district association or registered independent candidate for whom it is intended, or to a person authorized in writing by the official representative.

Powers of deputy official

43A deputy official representative of a registered political party has, for the electoral district for which he is appointed, the powers conferred on the official representative of that party under sections 41, 42, 46 and 49.

Money contributions

43.1Subject to subsection 44(1), contributions of money may be made by cash or by cheque, credit card, debit card or other order of payment drawn by the contributor on a chartered bank, trust company or credit union on an account in the name of the contributor.

1997, c.16, s.2

Contributions exceeding one hundred dollars

44(1)Every contribution of money of more than one hundred dollars shall be made by cheque, credit card, debit card or other order of payment drawn by the contributor on a chartered bank, trust company or credit union on an account in the name of the contributor.

44(2)A contribution of money made by cheque, credit card, debit card or other order of payment shall be made payable to the order of the registered political party, registered district association or registered independent candidate, as the case may be.

44(3)Repealed: 1980, c.40, s.1.2

1980, c.40, s.1.2; 1997, c.16, s.3

When contribution deemed received

44.1(1)A contribution of money shall be deemed to have been made on the date when the cash, payment by cheque, credit card, debit card or other order of payment is received by the official representative of the registered political party, registered district association or registered independent candidate for whom it is intended.

44.1(2)Notwithstanding subsection (1), in the case of a contribution of money delivered by mail, the contribution shall be deemed to have been made on the date of the postmark on the envelope in which it was mailed.

44.1(3)A contribution other than a contribution of money shall be deemed to have been made on the date when the property or service was made available to the registered political party, registered district association or registered independent candidate.

44.1(4)A contribution, other than a contribution of money, that continues for more than one day during a year shall be deemed to have been made on the date the property or service was first made available during the year, and, notwithstanding section 46, one receipt showing that date may be issued for the total value of the contribution made during the year.

1980, c.40, s.1.3; 1997, c.16, s.4

Deposit of contributions

45All contributions of money shall be deposited with a chartered bank, trust company or credit union having a place of business in the Province.

Receipt to contributor

46(1)Every contribution to a registered political party, registered district association or registered independent candidate shall be acknowledged by a receipt issued to the contributor and signed by the official representative of the party, association or independent candidate for whom the contribution was intended.

46(2)Every receipt shall be in the form prescribed by the Supervisor and shall accurately record the following information:

(a) the name and address of the contributor,

(b) whether the contribution is one of money or otherwise,

(c) whether the contributor is an individual, a corporation or trade union,

(d) the amount or value of the contribution,

(e) the date the contribution is made, and

(f) such other information as the Supervisor may prescribe.

46(3)A receipt shall not be issued for any purpose except to acknowledge a contribution.

46(4)Subject to subsection (5) and any guidelines issued by the Supervisor, an official representative shall retain signed duplicates of all receipts issued by him.

46(5)When a person resigns or otherwise ceases to hold the position of official representative, he shall forthwith deliver all unissued receipt forms and duplicates of all issued receipts in his possession

(a) to his replacement, if any, and notify the Supervisor of the number of unissued receipts so delivered, or

(b) to the Supervisor, if there is no replacement.

46(6)Where unissued receipt forms and duplicates of issued receipts have been delivered to him pursuant to paragraph (5)(b), the Supervisor upon request shall deliver such unissued receipt forms and duplicate receipts to the replacement official representative.

1980, c.40, s.1.4; 2007, c.31, s.3

Contributions made in contravention of Act

47(1)An amount equal to the value of every contribution made contrary to this Act shall

(a) if the identity of the contributor is known, be returned to that contributor, or

(b) if the identity of the contributor is not known, be remitted to the Supervisor,

by the political party, association or candidate, or its or his official representative, if any, that received the benefit of the contribution.

47(2)An amount equal to the value of every anonymous contribution received by a registered political party, registered district association or registered independent candidate shall

(a) if the identity of the contributor can be established, be returned to that contributor, or

(b) if the identity of the contributor cannot be established, be remitted to the Supervisor

by the official representative of that party, association or independent candidate.

47(3)All amounts paid to the Supervisor pursuant to subsections (1) or (2) shall be remitted to the Minister of Finance and paid into the Consolidated Fund.

Free broadcasting and advertising

48(1)Every broadcasting undertaking and every publisher of a newspaper, periodical or other printed matter may, free of charge, make broadcasting time on radio or television or advertising space in a newspaper, periodical or other printed matter, available to registered political parties, registered district associations or registered independent candidates, if such a service is offered on an equitable basis, qualitatively and quantitatively, to all such parties, associations or independent candidates.

48(2)For the purposes of this Act, free broadcasting time and free advertising space made available in accordance with subsection (1) does not constitute a contribution.

EXPENDITURES

Incurrence of expenditures other than election expenses

49(1)Expenditures other than election expenses of registered political parties, registered district associations or registered independent candidates shall be incurred only under the direction of the official representative by persons authorized by the official representative.

49(2)Every person authorized to make expenditures by an official representative shall, on demand, exhibit a certificate signed by the official representative evidencing his authority.

Limitation of expenditures other than election expenses

50(1)Expenditures other than election expenses incurred by registered political parties, registered district associations or registered independent candidates for advertising on broadcasting undertakings or in newspapers, periodicals or other printed matter shall be limited so as not to exceed:

(a) in the case of registered political parties, thirty-five thousand dollars in each calendar year; and

(b) in the case of registered district associations, and registered independent candidates, two thousand dollars in each calendar year.

50(2)Subsection (1) does not apply to expenditures incurred by registered political parties, registered district associations or registered independent candidates for advertising on broadcasting undertakings or in newspapers, periodicals or other printed matter if such advertising is limited to:

(a) publicizing the date, place, time, scheduled program and organizers of a public meeting; and

(b) publicizing any corrections to an advertisement described in paragraph (a).

50(3)Subsection (1) does not apply to expenditures incurred by registered political parties, registered district associations or registered independent candidates for

(a) the mailing of letters, printed material and cards, including Christmas cards,

(b) the production and distribution of

(i) newsletters distributed solely to members of a registered political party, and

(ii) Christmas cards, and

(c) the publication in a newspaper of season’s greetings, congratulatory messages or best wishes for community events.

1994, c.53, s.5; 2009, c.55, s.12

AUDITORS

Appointment of auditor

51The official representative of each registered political party shall, within sixty days of the party being registered under the Elections Act, appoint an accountant practising in the Province to serve as the auditor of that party.

Notice of appointment

52The official representative shall give written notice to the Supervisor of the name and address of each auditor appointed under section 51 within thirty days of such appointment.

Persons restricted from holding office of auditor

53The Supervisor, members of the Legislative Assembly, persons ineligible to vote under the Elections Act, candidates, official representatives, chief agents and official agents shall not hold the position of auditor of a registered political party.

Replacement of auditor

54The official representative of a registered political party on a written authorization signed by the leader of the party may replace the auditor for that party at any time by giving written notice of the replacement appointment to the Supervisor.

Examination and report by auditor

55The auditor for a registered political party shall examine the financial returns which that party is required to file under this Act and report, if such is the case, that, based upon the transactions recorded in the books, accounts and other records of the party,

(a) the financial returns in question are presented fairly;

(b) he has made an examination of the returns in accordance with generally accepted auditing standards; and

(c) the accounting procedures of the party are in accordance with generally accepted accounting principles and with the guidelines for party accounting issued by the Supervisor under section 14.

1980, c.40, s.2

Access to reports and information

56The auditor shall have access to all the books, accounts and other records of the party pertaining to contributions and expenditures and may obtain all the pertinent information he considers necessary.

Reimbursement for annual auditing expenses

57(1)The Supervisor shall authorize the reimbursement of a registered political party for its auditing expenses of up to $2,000 actually incurred by it in a calendar year for the purposes of complying with sections 51 to 56.

57(2)The reimbursement provided for in subsection (1) shall be paid out of the Consolidated Fund by the Minister of Finance to the official representative of the party on receipt of a certificate signed by the Supervisor authorizing such payment.

57(3)The reimbursement provided for in subsection (1) shall be paid not earlier than April 1 in each year for the auditing expenses incurred in the preceding calendar year.

2009, c.55, s.13

FINANCIAL RETURNS

Submission of financial return

58(1)The official representative of every registered political party shall submit to the Supervisor a financial return prepared in accordance with guidelines issued by the Supervisor, setting out, for the period covered by the return

(a) the financial institutions where the contributions in money received by the party are deposited and the account numbers used,

(b) the total value of property and services, other than money, constituting contributions made to the party,

(c) the total sum of contributions of money of one hundred dollars or less received by the party,

(d) the total sum of amounts of not more than twenty-five dollars paid by persons to the party as dues for membership in the party;

(e) the total sum of amounts of not more than twenty-five dollars in each case paid by persons to the party as registration fees at political conventions together with the place and date of each such convention where such fees were paid;

(f) the total sum of amounts of not more than ten dollars in each case paid to the party as an entrance fee to an activity or demonstration of a political nature together with the nature, place and date of any such activity or demonstration where such fees were paid;

(g) the total sum of contributions of money of more than one hundred dollars received by the party;

(h) the name of each corporation and trade union that has made a contribution to the party and the total amount of contributions to the party from each such source;

(i) the name and full address of each individual who has made contributions totalling more than one hundred dollars to the party and the total amount of his contributions to the party;

(j) the name and full address of each individual, if any, who became surety or guarantor on behalf of the party and the amount for which he became surety or guarantor;

(k) the particulars and the value of each transfer of funds, other property or services from or to the party pursuant to subsection 2(2);

(l) the total sum of the amounts borrowed on behalf of the party for political purposes together with the name and full address of the lender and the rate of interest charged or paid;

(m) all expenditures other than election expenses incurred by the party;

(n) any income earned by the party; and

(o) the information required to be submitted under section 66.

58(2)The financial return shall be accompanied by copies of all receipts issued for the contributions received together with such invoices and other vouchers, or certified copies thereof, evidencing the expenditures of the party as the Supervisor may require of that party from time to time.

Financial returns for each calendar year

59(1)For each calendar year, the official representative of a registered political party shall submit two financial returns to the Supervisor

(a) one, for the first six months of the year, to be submitted not later than the first day of October of that year; and

(b) one, for the last six months of the year, to be submitted not later than the first day of April of the following year.

59(2)The financial return of a registered political party submitted to the Supervisor under paragraph (1)(b) shall be accompanied by the auditor’s report referred to in section 55 prepared in respect of the total period of time referred to in subsection (1).

1994, c.53, s.6; 2009, c.55, s.14

Financial returns for preceding calendar year

60(1)Not later than the first day of April of each year, the official representative of each registered district association shall submit a financial return to the Supervisor for the preceding calendar year.

60(2)The financial return of a registered district association shall set forth, mutatis mutandis, the information and be accompanied by receipts, invoices and other vouchers required by section 58.

2009, c.55, s.15

Extension for submission of financial return

61Where the final date for submitting financial returns fixed in sections 59 and 60 falls during an election period, it shall be extended to ninety days after the polling day of the election.

Financial return of registered independent candidate

62(1)The official representative of a registered independent candidate shall, within ninety days after the polling day of the election for which he is a candidate, submit a financial return to the Supervisor covering the period from that candidate’s registration, or the date of his last financial return, whichever period is shorter.

62(2)The financial return of a registered independent candidate shall set out, mutatis mutandis, the information and be accompanied by receipts, invoices and other vouchers required by section 58, except that no candidate shall be required to set out his personal income.

Public inspection of financial returns

63(1)Financial returns and the receipts, invoices and other vouchers submitted to the Supervisor shall be available for public inspection not later than ninety days after receipt thereof by the Supervisor.

63(2)Subsection (1) does not apply to receipts issued for contributions from individuals of one hundred dollars or less.

63(3)Subject to subsection (2), any person may examine the financial returns and the receipts, invoices and other vouchers submitted to the Supervisor during office hours and make copies of them.

63(4)At the expiration of six years from the submitting of receipts, invoices and other vouchers, such receipts, invoices and vouchers may be returned to the political party, district association or independent candidate who submitted them, or a person designated by it or him.

1980, c.40, s.3

Audit of financial return

64The Supervisor may require that the financial return of any registered district association or registered independent candidate be audited by an accountant appointed by the Supervisor.

PREVIOUSLY HELD FUNDS AND ASSETS

Handing over and deposit of funds on commencement of Act

65(1)Within forty-five days after the coming into force of this section, all funds held by or on behalf of a registered political party at the date of the coming into force of this section shall be turned over to the official representative of the party and he shall deposit them in a separate account in a chartered bank, trust company or credit union having a place of business in the Province.

65(2)Only the interest accruing to an account established pursuant to subsection (1) shall be subsequently added to that account.

Additional information required on first financial return

66(1)The first financial return submitted by the official representative of a registered political party shall not be considered to be validly submitted unless it sets out in addition to the information required in section 62

(a) the total amount of funds held by or on behalf of the party at the date of the coming into force of subsection 65(1);

(b) a valued inventory of property other than office equipment and supplies, held by or on behalf of the party on the date of the coming into force of subsection 65(1) valued as of that date; and

(c) the name and address of the financial institution where the funds described in subsection 65(1) are deposited and the account number used.

66(2)No financial return submitted by the official representative of a registered political party shall be considered to be validly submitted unless it sets out, for the period covered by the return in addition to the requirements of section 62:

(a) all interest earned on the funds described in subsection 65(1);

(b) the net income or capital gain derived from the sale, lease, investment or other use of the property described in paragraph 1(b);

(c) all expenditures and withdrawals made by or on behalf of the party out of the funds described in subsection 65(1) together with the amounts described in paragraph (a) and (b);

(d) the state of the funds described in subsection 65(1) on the date of the return;

(e) an inventory of the property described in paragraph 1(b) and still held by or on behalf of the party on the date of the financial return valued as of the date of the financial return.

ELECTION EXPENSES

Determination of election expenses

67(1)In this Act “election expenses” means all expenditures incurred during an election period for the purpose of promoting or opposing directly or indirectly, the election of a candidate or that of the candidates of a party, including every person who subsequently becomes or who is likely to become a candidate, and includes all expenditures incurred before an election period for literature, objects or materials of an advertising nature used during the election period for such purposes.

67(2)Notwithstanding subsection (1), “election expenses” does not include:

(a) the publishing in a newspaper or other periodical of editorials, news, reports, or letters to the editor, if

(i) they are published in the same manner and under the same standards as prevail outside an election period, without payment, reward or promise of payment or reward, and

(ii) the newspaper, or other periodical is not established for the purpose of the election or with a view to the election;

(b) the transmission by a broadcasting undertaking of a broadcast of news or comment, if such broadcast is made in the same manner and under the same standards as prevail outside the election period, without payment, reward or promise of payment or reward;

(c) the reasonable expenses incurred by a candidate or any other person, out of his own money, for his own lodging and food during a journey for election purposes, if such expenses are not reimbursed to him;

(d) the reasonable expenses incurred by a candidate, or any other person, out of his own money, for his own transportation, during a journey for election purposes, if such expenses are not reimbursed to him;

(e) the sum required to be deposited with a candidate’s nomination paper;

(f) the reasonable expenses incurred for the publication of explanatory commentaries on the Elections Act and the instructions issued under its authority, if such commentaries are strictly objective and contain no statements of such a nature to support or oppose a candidate or a political party;

(g) the reasonable expenses usually incurred for the current operation of the principal permanent office of a registered political party in the Province, if the leader of such party, before the seventh day following the issue of the writs of election has given written notice to the Supervisor of the existence of such office, and of its exact address; and

(h) expenditures incurred by any person in the course of or for the purpose of making a donation not considered a contribution under this Act.

67(3)For the purpose of paragraph (2)(g), the principal permanent office of a registered political party is the principal office where, in order to ensure dissemination of the political programme of such party and to coordinate the political activity of its members, employees of the party or of a body associated therewith work on a permanent basis outside the election period, for the attainment of its objects.

67(4)Notwithstanding subsection 3(1), all costs incurred in relation to holding a convention for the selection of a candidate for an electoral district during a general election or a by-election in that district other than

(a) the cost of renting a hall for the convention;

(b) the cost of advertising the date, place, time, programme and organizers of the convention;

(c) the cost of the convening of delegates to the convention;

(d) the cost of providing refreshments and entertainment for those attending the convention;

(e) the expenses of up to one thousand dollars of the candidate selected at the convention; and

(f) the reasonable expenses of all other candidates at the convention,

shall be deemed to be election expenses of the candidate selected for that electoral district and such expenses shall be deemed to have been incurred by the official agent of that candidate.

67(5)Election expenses may be incurred only in accordance with this Act and only by or on behalf of registered political parties or candidates.

1980, c.40, s.4

Chief agent

68A registered political party intending to incur election expenses shall have a chief agent.

Official agent

69(1)Every candidate at an election shall have an official agent.

69(2)Notwithstanding subsection (1) but subject to subsection (6), the electoral district agent, if any, of a registered political party for a particular electoral district shall be the official agent of the official candidate of that party in that district.

69(3)Any candidate, including the official candidate of a registered political party, who does not have an official agent registered with the Chief Electoral Officer on the date his nomination paper is filed shall, within three days of that date, appoint an official agent by a writing signed by him and filed with the Chief Electoral Officer.

69(4)Notwithstanding the Elections Act, if the chief agent of a registered political party or the official agent of a candidate dies, resigns or becomes unable to act during an election period the leader of the party or the candidate as the case may be, shall forthwith appoint a new chief agent or official agent by a writing signed by such leader or candidate, as the case may be, and filed with the Chief Electoral Officer.

69(5)Notwithstanding the Elections Act, the leader of a registered political party may, during an election period, dismiss the chief agent of his party and appoint another by a writing signed by him and filed with the Chief Electoral Officer.

69(6)Notwithstanding the Elections Act, a candidate may, during an election period, dismiss his official agent and appoint another by a writing signed by him and filed with the Chief Electoral Officer.

69(7)The chief agent or official agent of a candidate appointed pursuant to subsections (3), (4), (5) or (6) shall be registered by the Chief Electoral Officer.

69(8)Subsection 137(8) of the Elections Act applies, mutatis mutandis, to a chief agent or the official agent of a candidate to be appointed under this section.

2007, c.55, s.2

Authority of chief agent and official agent

70(1)Except as provided by this Act during an election, no person other than the chief agent of a registered political party or the official agent of a candidate shall authorize election expenses for such party or candidate, and no election expenses shall be incurred except by a chief or official agent or a person authorized by such agent.

70(2)No person during an election period shall accept or execute an order for election expenses in excess of one hundred dollars if such order is not given or authorized by a chief agent or official agent or in that agent’s name by the designated publicity agency of the party or candidate.

Election expenses of candidate

71(1)A candidate may himself incur his own personal expenses which constitute election expenses up to a total of two thousand dollars during the election period.

71(2)A candidate shall submit to his official agent not later than twenty days after polling day a detailed statement of all election expenses incurred by him pursuant to subsection (1).

71(2.1)A candidate who, out of his own money, incurs election expenses pursuant to subsection (1) that are not reimbursed to him by his official agent shall be deemed to have made a contribution equal in value to the amount of the expenses.

71(2.2)A deemed contribution under subsection (2.1) shall be deemed to have been made

(a) in the case of a candidate of a registered political party, to the official representative of the registered district association associated with that party in the electoral district in which he is a candidate,

(b) in the case of a registered independent candidate, to the official representative of that candidate,

(c) in the case of any other candidate, to that candidate.

71(2.3)No person shall, by virtue of paragraph (2.2)(c), be deemed to have contravened subsection 37(2) or section 42.

71(3)All election expenses incurred by a candidate in accordance with subsection (1) and reported to his official agent in accordance with subsection (2) are, for the purposes of this Act, deemed to have been incurred or authorized by the official agent of that candidate.

1980, c.40, s.5

Price for work, merchandise or services

72(1)No person shall claim or receive for election expenses a price in excess of his regular price for similar work, merchandise or services outside the election period.

72(2)Subject to sections 2 and 48, any person who accepts for election expenses a price less than his regular price for similar work, merchandise or services outside the election period is deemed to have made a contribution equal in value to the difference between his regular price and the price accepted.

72(3)A deemed contribution under subsection (2) shall,

(a) in the case of election expenses incurred on behalf of a registered political party, be deemed to have been made to the official representative of that party;

(b) in the case of election expenses incurred on behalf of an official candidate of a registered political party, be deemed to have been made to the official representative of the registered district association, associated with that party in the electoral district in which he is a candidate;

(c) in the case of election expenses incurred on behalf of a registered independent candidate, be deemed to have been made to the official representative of that candidate; and

(d) in every other case, be deemed to have been made to the political party or candidate on whose behalf the expenses were incurred.

Acknowledgement of advertisement and broadcast

73(1)Every printed advertisement, placard, poster, pamphlet, handbill or circular relating to an election and ordered by a chief agent or an official agent or a person authorized by a chief agent or official agent shall bear the name and address of its printer and the name of the registered political party or the candidate on whose behalf it was ordered.

73(2)Every advertisement relating to an election published in a newspaper, periodical or other publication and ordered by a chief agent or an official agent or a person authorized by a chief agent or official agent shall bear the name of the registered political party or candidate on whose behalf it was ordered.

73(3)Every broadcast of a sponsored radio or television advertisement relating to an election and ordered by a chief agent or official agent shall mention the name of the registered political party or candidate on whose behalf it was ordered, at the beginning or the end of the broadcast.

73(4)Any type of advertisement described in subsection (1), (2) or (3) and not ordered by a chief agent or an official agent or person authorized by a chief or official agent shall

(a) in the case of an advertisement described in subsection (1), bear the name and address of its printer and the name of the person who ordered its publication;

(b) in the case of an advertisement described in subsection (2), bear the name of the person who ordered its publication; and

(c) in the case of an advertisement described in subsection (3), mention at the beginning or at the end of the broadcast the name of the person who ordered the broadcast.

Publicity agency

74(1)A chief agent and an official agent may each designate a publicity agency for his party or candidate by a writing signed by him and filed with the office of the Supervisor setting out the name and address of the agency.

74(2)Election expenses on behalf of a registered political party or a candidate may be incurred or authorized by the designated publicity agency of the party or candidate.

74(3)The designated publicity agency of a registered political party or a candidate may be dismissed or replaced at any time by a writing signed by the chief agent or official agent, as the case may be, and filed with the office of the Supervisor.

74(4)All election expenses incurred or authorized by a designated publicity agency shall be deemed to be incurred or authorized by the chief agent of the party or official agent of the candidate who designated the agency.

Payment of election expenses evidenced by itemized invoice

75(1)Any payment for election expenses in excess of one hundred dollars shall be evidenced by an itemized invoice.

75(2)An itemized invoice shall provide all the particulars required for auditing each item of work, service of material for which the expense was incurred and the rate or unit price used for computing the amount of the invoice.

Presentation of claim for election expenses

76(1)Every person to whom an amount is due for election expenses shall present his claim to the chief agent or official agent responsible therefore not later than forty-five days following polling day or otherwise such person shall forfeit the right to recover his claim.

76(2)If the chief agent or official agent has died and has not been replaced, the claim shall be forwarded within forty-five days following polling day to the leader of the registered political party or to the candidate himself, as the case may be.

Limitation on election expenses

77(1)Election expenses of a registered political party shall be limited so as not to exceed:

(a) for a general election, an amount equal to the product obtained by multiplying one dollar by the number of electors in the aggregate of the electoral districts in which such party has candidates, and

(b) for a by-election, an amount of seven thousand dollars for each by-election.

77(2)Election expenses of a candidate shall be limited so as not to exceed:

(a) for a general election, an amount equal to the sum obtained by allowing one dollar and seventy-five cents for each of the electors in the electoral district for which he is a candidate,

(b) for a by-election, an amount equal to the sum obtained by allowing two dollars for each of the electors in the electoral district for which he is a candidate.

77(3)Notwithstanding subsection (2), in no case shall the election expenses of any candidate be limited to an amount less than eleven thousand dollars or exceed twenty-two thousand dollars.

1980, c.40, s.6; 1986, c.65, s.3

Adjusted amounts

77.1(1)The monetary amounts set out in section 77 shall be adjusted on January 1, 1988, and on January 1 in every succeeding year, by multiplying each of the amounts by the ratio that the Consumer Price Index for the twelve month period that ended on the thirtieth day of September next before that year bears to the Consumer Price Index for the twelve month period that ended on the 30th day of September, 1986.

77.1(2)When an amount calculated under subsection (1) is not a multiple of one cent, it shall be rounded to the nearest multiple of one cent or, if it is equidistant from two such multiples, to the higher thereof.

77.1(3)For the purpose of this section, the Consumer Price Index for any twelve month period is the result arrived at by

(a) aggregating the Consumer Price Index for Canada, as published by Statistics Canada under the authority of the Statistics Act, chapter S-16 of the Revised Statutes of Canada, 1970, for each month of that period,

(b) dividing the aggregate obtained under paragraph (a) by twelve, and

(c) rounding the result obtained under paragraph (b) to the nearest one-thousandth or, if the result is equidistant from two one-thousandths, to the higher thereof.

1986, c.65, s.4; 1987, c.6, s.81

Election expenses reimbursement to official agent

78(1)Subject to section 79, an election expenses reimbursement shall be paid to the official agent of each candidate at any election declared elected under the Elections Act, and to the official agent of each candidate having obtained, according to the official or final addition of the votes cast at such election, fifteen per cent of the valid votes cast in the electoral district in which he was a candidate.

78(2)The election expenses reimbursement to be paid to the official agent of a candidate entitled thereto shall be an amount equal to the lesser of

(a) the amount of the election expenses of the candidate as set out in his statement under section 81, excluding claims contested by his official agent, and excluding amounts representing the value of contributions referred to in paragraphs (a) and (b) of the definition “election expenses of a candidate” in section 1, or

(b) an amount equal to the sum obtained by allowing thirty-five cents for each of the electors in the electoral district and adding thereto the cost of mailing a single one ounce first class letter to each elector in the electoral district.

78(3)The excess, if any, of the election expenses reimbursement received by an official agent over the unpaid balance at the time the reimbursement is received of election expenses incurred or authorized by the agent and of money borrowed for the purposes of incurring such expenses shall

(a) in the case of an official agent of a candidate of a registered political party be paid by the agent to the official representative of that party, and

(b) in every other case, be paid by the agent to the candidate for whom he was the official agent.

1980, c.40, s.7; 1986, c.65, s.5

Election expenses reimbursement paid out of Consolidated Fund

79(1)All election expenses reimbursements shall be paid by the Minister of Finance out of the Consolidated Fund upon receipt of a certificate signed by the Supervisor authorizing payment and setting out the amount of the reimbursement and the name and address of the person to whom payment is to be made in compliance with this Act.

79(2)The Supervisor shall not issue a certificate to the Minister of Finance authorizing the payment of an election expenses reimbursement to the official agent of a candidate until he has had submitted to him a return of election expenses for that candidate in accordance with section 81.

Electors entered on preliminary list of electors

80(1)Forthwith after the preliminary list of electors is filed with him by the enumerators for an electoral district, the returning officer for that district shall prepare a certificate setting out the total number of electors entered on the list, for that district, and shall file such certificate with the Chief Electoral Officer and a copy thereof with the official agent of each candidate in his district.

80(2)For the purposes of section 77 and 78, the number of electors in an electoral district shall be deemed to be the number set out in a certificate described in subsection (1).

80(3)During a general election, the Chief Electoral Officer shall determine the total number of electors entered on preliminary lists of electors in the Province from the certificates filed by the returning officers pursuant to subsection (1) and shall prepare his certificate of such number which he shall cause to be published in The Royal Gazette after he has filed copies of it with the chief agent of each registered political party.

2007, c.55, s.2

Statement of election expenses by official agent

81(1)The official agent of each candidate in an election, within sixty days following the date fixed by the Elections Act for the return of the writ of election, shall submit to the Supervisor a sworn statement of the election expenses of that candidate and all claims for election expenses of the candidate contested by the official agent, in the form prescribed by the Supervisor, together with any invoices, receipts and other vouchers that may be required by the Supervisor.

81(2)Within ninety days of receiving the statement described in subsection (1), the Supervisor shall publish, in a form to be prescribed by him, a summary of each statement in The Royal Gazette.

81(3)The Supervisor shall keep all statements submitted to him pursuant to subsection (1) and the invoices, receipts and other vouchers, if any, and, during ordinary office hours shall permit any person to examine them and make copies thereof.

81(4)At the expiration of six years from the submitting of receipts, invoices and other vouchers, such receipts, invoices and vouchers may be returned to the candidate on behalf of whom they were submitted, or a person designated by him.

2009, c.55, s.16

Statement of election expenses by chief agent

82(1)Each chief agent of a registered political party, within the one hundred and twenty days following the date fixed for the return of the writs of an election, shall deliver to the Supervisor a sworn statement of the election expenses of the party and all claims for election expenses of the party contested by the chief agent in the form prescribed by the Supervisor, together with any invoices, receipts and other vouchers that may be required by the Supervisor.

82(2)Within ninety days after receiving the statement described in subsection (1), the Supervisor shall publish, in a form to be prescribed by him, a summary of such statements in The Royal Gazette.

82(3)The Supervisor shall keep all statements submitted to him pursuant to subsection (1) and the invoices, receipts and other vouchers, if any, and during ordinary office hours shall permit any person to examine them and make copies thereof.

82(4)At the expiration of six years from the submitting of receipts, invoices and other vouchers, such receipts, invoices and vouchers may be returned to the registered political party on behalf of whom they were submitted, or a person designated by it.

1980, c.40, s.8

Rectification of error in statement

83(1)If a statement submitted to the Supervisor in accordance with section 81 or 82 contains any error, including an error of omission, the candidate or party leader, as the case may be, may apply for and obtain permission from a judge of The Court of Queen’s Bench of New Brunswick to rectify such error on establishing that it was made through inadvertence.

83(2)If on the application of a candidate or a leader of a registered political party it is established before a judge of The Court of Queen’s Bench of New Brunswick that the unavoidable absence, death, illness or misconduct of an official agent or chief agent or any other reasonable cause prevents the preparation or submission of the statement or other documents prescribed by section 81 or 82, such judge may make any order he considers necessary and proper to enable the applicant to obtain all the information and invoices, receipts and other vouchers necessary to prepare the statement and grant by order such further time for the submission of the statement as the circumstances, in his opinion, may require.

83(3)A person who fails to comply with an order made under subsection (2) commits an offence.

83(4)Any statement of election expenses rectified or submitted in accordance with a judicial order granted pursuant to this section shall be deemed to be submitted in accordance with section 81 or 82, as the case may be.

83(5)Upon any application to a judge of The Court of Queen’s Bench of New Brunswick under this section, the practice and procedure of The Court of Queen’s Bench of New Brunswick respecting applications shall apply and notice of any such application shall be served on the Supervisor and each of the other candidates in the electoral district, or, in the case of a party leader, on each of the other leaders of the registered political parties, at least three clear days prior to the hearing.

1979, c.41, s.95; 1990, c.61, s.111

Disclosure of payment

84The particulars of any payment, including a payment in consequence of a judgment of any court, on any claim for election expenses allegedly incurred by an official agent or chief agent or a person authorized by him and listed as contested in a statement filed with the Supervisor pursuant to section 81 or 82 shall be disclosed forthwith to the Supervisor by the agent who contested the claim.

THIRD PARTY ADVERTISING

2008, c.48, s.1

Definitions

84.1The following definitions apply in this section and in sections 84.15 to 84.9.

“campaign period” means the period beginning with the issue of a writ for an election and ending on polling day.(campagne électorale)

“chief financial officer” means a third party’s chief financial officer appointed in accordance with subsection 84.35(1) or (3).(directeur des finances)

“election advertising” means a message transmitted to the public by any means during a campaign period that promotes or opposes a registered political party or the election of a candidate or takes a position on an issue with which a registered political party or a candidate is associated, but does not include the following:(publicité électorale)

(a) the transmission to the public of an editorial, a debate, a speech, an interview, a column, a letter, a commentary or news;

(b) the distribution of a book, or the promotion of the sale of a book, for no less than its commercial value, if it was planned that the book be made available to the public regardless of whether there was an election;

(c) the transmission of a document directly by a person or a group to its members, employees or shareholders, as the case may be; and

(d) the transmission by an individual, on a non-commercial basis, of his or her personal political views via the Internet.

“election advertising contribution” means a service, money or other property donated to a third party to support its election advertising, but does not include the following: (contribution pour publicité électorale)

(a) the donation by an individual of his or her personal services, talents or expertise or of the use of his or her vehicle and the product of that donation, if it is given freely and not as part of work provided by the individual in the service of an employer; and

(b) a loan granted for the purpose of election advertising at the current rate of interest in the market at the time it is granted.

“election advertising expense” means an amount paid, a liability incurred or the value of a non-monetary contribution accepted for the purpose of producing or transmitting election advertising.(dépense de publicité électorale)

“group” means a group of persons acting together by mutual consent for a common purpose, and includes a trade union.(groupe)

“registered third party” means a third party whose registration has been accepted by the Supervisor under subsection 84.4(1).(tiers enregistré)

“third party” means a person or group other than a registered political party, a registered district association or a candidate.(tiers)

2008, c.48, s.1

Spending limits

84.15(1)For election advertising transmitted during the campaign period for a general election, a third party shall not incur election advertising expenses that in total exceed the product of the following:

(a) the amount calculated in accordance with paragraph 77(1)(a) and section 77.1 for a registered political party that has candidates in all of the Province’s electoral districts; and

(b) 1.3%.

84.15(2)Not more than 10% of the total amount of allowable election advertising expenses calculated in accordance with subsection (1) shall be incurred for election advertising that relates to a single electoral district.

84.15(3)For the purposes of subsection (2), election advertising relates to a single electoral district if

(a) the election advertising promotes or opposes the election of one or more of the electoral district’s candidates, or

(b) the election advertising is transmitted in the electoral district in any of the following forms:

(i) handbills;

(ii) posters;

(iii) billboards;

(iv) electronic billboards;

(v) other types of signs.

84.15(4)For election advertising transmitted during the campaign period for a by-election, a third party shall not incur expenses for election advertising that relates to a single electoral district that in total exceed the amount calculated in accordance with subsection (2) for the most recently held general election.

2008, c.48, s.1

Election advertising by third party

84.2(1)A third party shall identify itself in any election advertising that it places and shall indicate that it has authorized the advertising.

84.2(2)The identifying information required under subsection (1) shall include the following information:

(a) the name of the third party; and

(b) the name of the person responsible for the third party’s books and records and his or her telephone number or address.

84.2(3)No third party shall transmit to the public any election advertising that may lead the public to believe that the advertising originates with a registered political party, a registered district association or a candidate.

84.2(4)Section 117 of the Elections Act applies with the necessary modifications to election advertising by a third party.

2008, c.48, s.1

Registration of third party

84.3(1)A third party shall register in accordance with this section immediately after incurring election advertising expenses that exceed $500 in total.

84.3(2)A third party may register in accordance with this section before incurring election advertising expenses that exceed $500 in total.

84.3(3)An application for registration shall be sent to the Supervisor and shall include the following information and documents:

(a) if the third party is an individual, the name, address, telephone number and signature of the individual;

(b) if the third party is a corporation, the following information:

(i) the name, address and telephone number of the corporation; and

(ii) the name, address, telephone number and signature of an officer who has signing authority for the corporation;

(c) if the third party is a group, the following information:

(i) the name, address and telephone number of the group; and

(ii) the name, address, telephone number and signature of the individual who is responsible for the group;

(d) the address and telephone number of the location where the third party’s books and records are kept and to which communications may be addressed;

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

(f) the name and address of each financial institution at which election advertising contributions to the third party will be deposited;

(g) the source of election advertising contributions received by the third party during the 6 months preceding the application for registration;

(h) a declaration signed by the third party’s chief financial officer accepting his or her appointment; and

(i) a declaration that the third party is acting independently of and not in collusion with a registered political party, a registered district association, a candidate or another third party.

84.3(4)An application under subsection (3) shall be on a form provided by the Supervisor.

84.3(5)A declaration under paragraph (3)(i) shall be signed by the individual or officer referred to in paragraph (3)(a) or subparagraph (3)(b)(ii) or (c)(ii), as the case may be.

84.3(6)The registration of a third party is only valid for the campaign period for which the application is made.

84.3(7)Despite subsection (6), after polling day, a third party that was registered under this section continues to be subject to the requirements to file reports under section 84.6 and to provide the Supervisor with any other information requested by him or her.

2008, c.48, s.1

Chief financial officer

84.35(1)Before applying to register under section 84.3, a third party shall appoint a chief financial officer.

84.35(2)The following persons are not eligible to be the chief financial officer of a third party:

(a) a candidate;

(b) an official agent;

(c) a chief agent;

(d) an electoral district agent;

(e) an official representative or a deputy official representative;

(f) a member of the executive of a registered political party or a registered district association; and

(g) an election officer.

84.35(3)If a chief financial officer ceases to hold office, the third party shall immediately appoint a new chief financial officer and shall notify the Supervisor of his or her name, address and telephone number.

84.35(4)A chief financial officer shall be responsible for the following matters:

(a) ensuring that the third party complies with the provisions of this Act;

(b) accepting election advertising contributions made to the third party;

(c) authorizing all election advertising expenses incurred by or on behalf of the third party;

(d) maintaining the books, records and other documents of the third party; and

(e) filing the reports of the third party required under section 84.6.

84.35(5)A chief financial officer may authorize a person to accept election advertising contributions or incur election advertising expenses, but that authorization does not limit the responsibility of the chief financial officer under subsection (4).

2008, c.48, s.1

Consideration of application

84.4(1)On receiving an application under section 84.3, the Supervisor shall determine if the requirements of subsections 84.3(1) to (5) and 84.35(1) have been met and shall notify the individual who signed the application whether the third party’s registration has been accepted.

84.4(2)The Supervisor may refuse to register a third party under a name if the Supervisor is of the opinion that the name or an abbreviation of that name is likely to be confused with the name or an abbreviation of the name of a registered political party, a registered district association or a candidate.

84.4(3)The Supervisor shall refuse to register the following as third parties:

(a) a registered political party;

(b) a registered district association;

(c) a candidate; or

(d) a member of the executive of a registered political party or a registered district association.

84.4(4)If the Supervisor refuses to register a third party, the Supervisor shall provide reasons to the third party for the refusal.

2008, c.48, s.1

Contributions to third parties

84.5(1)A third party shall only accept election advertising contributions from the following:

(a) individuals who are ordinarily resident in the Province;

(b) trade unions; and

(c) corporations.

84.5(2)No third party shall accept an election advertising contribution from or on behalf of a registered political party, a registered district association, a candidate or a member of the Legislative Assembly.

84.5(3)No third party shall accept an election advertising contribution if the third party does not know the name and address of the contributor.

84.5(4)A corporation that makes an election advertising contribution to a third party that is valued at more than $100 shall disclose to the third party the name of a signing officer of the corporation or of the officer who authorized the contribution.

84.5(5)All election advertising contributions of money accepted by or on behalf of a registered third party shall be deposited to a financial institution referred to in paragraph 84.3(3)(f).

2008, c.48, s.1

Advertising expenditure report

84.6(1)Within 90 days after polling day, a registered third party shall file an advertising expenditure report with the Supervisor.

84.6(2)An advertising expenditure report shall contain the following information:

(a) a list of all election advertising expenses incurred by the third party;

(b) details concerning the advertising to which the expenses referred to in paragraph (a) relate, including the time and place of the advertisement;

(c) the total value of election advertising contributions received by the third party, including election advertising contributions referred to in paragraph 83.3(3)(g);

(d) the following information with respect to each contributor to the third party:

(i) name;

(ii) address;

(iii) the class of the contributor under subsection 84.5(1);

(iv) the amount or value of the election advertising contribution; and

(v) the nature of the election advertising contribution;

(e) information disclosed to the third party under subsection 84.5(4);

(f) the following information with respect to any loan that the third party has been granted to finance its election advertising:

(i) the amount of the loan;

(ii) the rate of interest on the loan;

(iii) the grantor of the loan;

(iv) any guarantor of the loan;

(v) the term of the loan;

(vi) the repayment terms of the loan; and

(vii) the date on which the funds were disbursed to the third party;

(g) any outstanding liabilities to which the third party is subject; and

(h) any other source of funding used by the third party to finance its election advertising, including the third party’s own funds.

84.6(3)An advertising expenditure report shall be on a form provided by the Supervisor.

84.6(4)An advertising expenditure report shall include a signed declaration from the following individuals stating that the report is complete and accurate:

(a) the third party’s chief financial officer; and

(b) if the third party’s chief financial officer did not sign the application under subsection 84.3(3), the individual who signed the application.

84.6(5)If a registered third party has not incurred any election advertising expenses, this shall be indicated in its advertising expenditure report.

84.6(6)A third party shall provide the Supervisor with any additional information that he or she may request with respect to its election advertising expenses, election advertising contributions or any other matter related to its election advertising.

84.6(7)If a registered third party’s election advertising expenses exceed the sum of its election advertising contributions and the amount of any of its own funds it has used to finance its election advertising, the third party shall file a further report within 6 months after it has filed its advertising expenditure report, which further report shall contain the following information:

(a) the amount by which those expenses continue to exceed election advertising contributions and any amounts paid out of its own funds; and

(b) if the third party received election advertising contributions after its advertising expenditure report was filed, the name and address of each contributor and the value of the contributions.

84.6(8)A registered third party shall file a report under subsection (7) within 12 months after it last filed a report under that subsection if, when that report was filed, its election advertising expenses continued to exceed the sum of its election advertising contributions and any amounts that it paid out of its own funds to finance its election advertising.

2008, c.48, s.1

Audit of expenditure report

84.7The Supervisor may require that the reports of a third party under section 84.6 be audited by an accountant appointed by the Supervisor.

2008, c.48, s.1

Circumvention of spending limits and other provisions

84.8(1)No third party shall circumvent or attempt to circumvent a limit set out in section 84.15 or the registration requirement set out in subsection 84.3(1) in any manner, including either of the following manners:

(a) by splitting itself into 2 or more third parties; or

(b) by acting in collusion with another third party so that their combined election advertising expenses exceed a prescribed limit.

84.8(2)No third party shall collude with a registered political party, a registered district association or a candidate to circumvent or attempt to circumvent the provisions of this Act.

84.8(3)No registered political party, registered district association or candidate shall collude with a third party to circumvent or attempt to circumvent the provisions of this Act.

2008, c.48, s.1

Registry and other public information

84.9(1)The Supervisor shall maintain a registry of registered third parties.

84.9(2)The Supervisor shall maintain the registry for the period of time that he or she considers appropriate.

84.9(3)The registry shall include the information referred to in subsection 84.3(3) for each registered third party.

84.9(4)Subject to subsection (5), the registry and the reports filed with the Supervisor under section 84.6 shall be available to the public as follows:

(a) for inspection and copying at the office of the Supervisor during its regular office hours; and

(b) on the Elections New Brunswick website.

84.9(5)The information referred to in paragraph 84.6(2)(d) shall only be available to the public with respect to a contributor if the total value of its contributions are greater than $100.

2008, c.48, s.1

OFFENCES AND PENALTIES

Offences with respect to expenses

85(1)A person commits an offence who

(a) knowingly incurs or authorizes election expenses exceeding the maximum fixed by section 77,

(b) wilfully submits a false statement of election expenses under section 81 or 82,

(c) knowingly incurs or authorizes election advertising expenses exceeding the maximum fixed by subsection 84.15(1), (2) or (4), or

(d) wilfully makes a false statement in a report filed under section 84.6.

85(2)A candidate, whose official agent with the knowledge of the candidate commits an offence under subsection (1), also commits such offence.

85(3)The election of any candidate who has been convicted of an offence under subsection (1) or (2) is null and void, and his seat shall be vacated from the time of such conviction.

85(4)A third party as defined in section 84.1, whose chief financial officer with the knowledge of the third party commits an offence under subsection (1), commits the same offence.

85(5)If a third party as defined in section 84.1 is a group, a member of the group commits the same offence under subsection (1) as an offence committed by the third party’s chief financial officer, if the chief financial officer commits the offence with the knowledge of the member.

1990, c.61, s.111; 2008, c.48, s.2

Offence with respect to a false statement

86Any person who knowingly makes a false statement in any financial return, statement or other document filed with the Supervisor pursuant to this Act commits an offence.

1990, c.61, s.111

Offence with respect to a false or deceptive receipt

86.1Every person who makes or issues or participates in, assents to or acquiesces in the making or issuance of a false or deceptive receipt for a contribution or purported contribution commits an offence.

1980, c.40, s.8.1; 1990, c.61, s.111

Offence with respect to withholding, concealing or destroying

87Any person who knowingly withholds, conceals or destroys any books, papers, documents or other things relevant to the subject matter of an investigation or inquiry under this Act commits an offence.

1990, c.61, s.111

Offences and penalties – Column I of Schedule B

88(1)A person who violates or fails to comply with a provision of this Act that is listed in Column I of Schedule B commits an offence.

88(2)For the purposes of Part II of the Provincial Offences Procedure Act, each offence listed in Column I of Schedule B is punishable as an offence of the category listed beside it in Column II of Schedule B.

1990, c.61, s.111

Offences and penalties

88.1(1)Every official representative who wilfully or through neglect fails to file a financial return with the Supervisor within the time required by section 59, 60 or 62 commits an offence punishable under Part II of the Provincial Offences Procedure Act as a category C offence.

88.1(2)Notwithstanding subsection (1) the Supervisor may, either before or after the institution of proceedings against an official representative for failure to file a financial return as required by section 59, 60 or 62, accept from the official representative alleged to have been guilty of such offence the payment of a sum equal to fifty dollars for each day the official representative is in default of filing such financial return.

88.1(2.1)A chief financial officer who wilfully or through neglect fails to file a report under section 84.6 within the time required by subsection 84.6(1), (7) or (8) commits an offence punishable under Part II of the Provincial Offences Procedure Act as a category H offence.

88.1(2.2)Despite subsection (2.1), the Supervisor may, either before or after the institution of proceedings against a chief financial officer for failure to file a report as required by section 84.6, accept from the chief financial officer alleged to have been guilty of the offence the payment of a sum equal to $50 for each day the chief financial officer is in default of filing the report.

88.1(3)For the purposes of this section a financial return or a report that is forwarded to the Supervisor by registered mail shall be deemed to have been filed with the Supervisor on the date of the postmark on the envelope in which it was mailed.

88.1(4)All money paid to the Supervisor pursuant to subsection (2) or (2.2) shall be remitted by him to the Minister of Finance and paid into the Consolidated Fund.

1980, c.40, s.8.2; 1990, c.61, s.111; 2007, c.55, s.2; 2008, c.48, s.3

Offences and penalties – permitting, tolerating or participating in offence

89Every person who knowingly permits, tolerates, or participates in any way in the commission of an offence under this Act commits the same offence and is liable to the same penalties on conviction.

1990, c.22, s.41

Commencement of prosecution

90(1)No prosecution shall be instituted under this Act without the consent of the Attorney-General.

90(2)Repealed: 1980, c.40, s.9

90(3)Every prosecution for an offence against this Act, shall

(a) be commenced within two years next after the day on which the offence was committed, and not afterwards; and

(b) when commenced, be proceeded with and carried on without wilful delay.

90(4)Notwithstanding subsection (3), where a prosecution referred to in that subsection is prevented by the withdrawal of or absconding of the defendant out of the jurisdiction of the court, the prosecution may be commenced within one year after his return.

1980, c.40, s.9; 1991, c.49, s.3

Action for claim for election expenses

91(1)Where a chief agent or official agent contests or fails to pay any claim for election expenses allegedly incurred by him or by a person authorized by him, the claim shall be deemed to be a contested claim and the claimant may, in accordance with subsection (3), bring an action to recover the claim.

91(2)Where an official representative of a registered political party, registered district association or registered independent candidate contests any claim for expenditures other than election expenses allegedly incurred by him or by a person authorized by him the claim shall be deemed to be a contested claim and the claimant may, in accordance with subsection (3), bring an action to recover the claim.

91(3)An action in respect of a contested claim may be brought in any court of competent jurisdiction and

(a) in respect of a claim for election expenses against a registered political party, shall be brought in the name of the chief agent of that party at the date of the issue of the writ;

(b) in respect of a claim for election expenses against a candidate, shall be brought in the name of the official agent of that candidate at the date the subject matter of the claim arose;

(c) in respect of a claim for expenditures other than election expenses against a registered political party or registered district association, shall be brought in the name of the official representative of that party or association at the date of the issue of the writ;

(d) in respect of a claim for expenditures other than election expenses against a registered independent candidate, shall be brought in the name of the official representative of that candidate at the date the subject matter of the claim arose.

91(4)Any property that is within the control of, or from time to time comes within the control of, a registered political party or, by virtue of his office, the chief agent or official representative of that party shall be deemed to be available to satisfy a judgment in favour of a claimant who brings an action under subsection (3) in the name of a chief agent or official representative of that party.

91(5)Any property that is within the control of, or from time to time comes within the control of, a registered district association or, by virtue of his office, the official representative of that association shall be deemed to be available to satisfy a judgment in favour of a claimant who brings an action under subsection (3) in the name of an official representative of that association or in the name of an official agent of an official candidate in the electoral district of the registered political party associated with that association.

91(6)Any property that by virtue of his office is within the control of, or from time to time comes within the control of, the official representative of a registered independent candidate shall be deemed to be available to satisfy a judgment in favour of a claimant who brings an action under subsection (3) in the name of an official representative of that candidate.

91(7)Any property that by virtue of his office is within the control of, or from time to time comes within the control of the official agent of a candidate shall be deemed to be available to satisfy a judgment in favour of a claimant who brings an action under subsection (3) in the name of an official agent of that candidate.

Designation of party’s representative on the Advisory Committee

92(1)Notwithstanding section 21, the leader of each registered political party that had official candidates in at least one-half of all electoral districts at the general election immediately preceding the date of the commencement of this section shall, within thirty days after the date of the commencement of this section, designate that party’s representatives on the Advisory Committee by a certificate signed by the leader and filed with the Supervisor.

92(2)Persons appointed to the Advisory Committee pursuant to subsection (1) shall continue as members until fifteen days following the commencement day of the next ensuing session of the Legislative Assembly after the date of the commencement of this section.

1988, c.70, s.3

Repealed

93Repealed: 2009, c.55, s.17

1978, c.82, s.1; 2009, c.55, s.17

Period covered by first financial statement

94(1)Notwithstanding subsection 59(1) and subject to section 66, the first financial return to be submitted by the official representative of a registered political party shall cover the period from the date of the coming into force of this section to the thirty-first day of December, 1978, and shall be submitted not later than the first day of April, 1979.

94(2)Notwithstanding subsection 60(1), the first financial return to be submitted by the official representative of a registered district association shall cover the period from the date of coming into force of this section to the thirty-first day of December, 1978, and shall be submitted not later than the first day of April, 1979.

Period deemed to be one calendar year

95For the purposes of sections 39 and 40, and subsection 59(1), the period from the date of the coming into force of this section to the thirty-first day of December, 1978 shall be deemed to be one calendar year.

2009, c.55, s.18

Act subject to review

96This Act is subject to review by the Legislative Assembly after thirty months following the coming into force of this Act.

Commencement

97This Act or any provision thereof comes into force on a day to be fixed by proclamation.

SCHEDULE A

((s.9(1), 10(2)))

Oath or Solemn Affirmation of
Allegiance and Office

I, A.B., do swear (or solemnly affirm) that I will fulfil the duties of my office of honestly, impartially and justly, and that I will not receive any sum of money or consideration for what I have done or may do in the discharge of the duties of my office, other than my salary or what may be allowed me by law.

Oath or Solemn Affirmation
of Secrecy

I, A.B., further swear (or solemnly affirm) that I will not disclose, unless duly authorized, anything that may come to my knowledge in the discharge of my duties.

SCHEDULE B

Column I Section		Column II Category of Offence
Column I Section		Column II Category of Offence

	3(2)..............		F
	3(3)..............		F
	18(4)..............		H
	38(2)(a)..............		F
	38(2)(b)..............		F
	39(1)..............		E
	39(4)..............		H
	41(2)..............		C
	46(1)..............		C
	46(4)..............		C
	46(5)..............		C
	49(2)..............		C
	50(1)..............		C
	51..............		C
	52..............		C
	53..............		F
	58(1)..............		C
	58(2)..............		C
	68..............		C
	69(1)..............		C
	69(3)..............		C
	69(4)..............		C
	70(1)..............		F
	70(2)..............		F
	71(2)..............		E
	72(1)..............		F
	81(1)..............		C
	82(1)..............		C
	83(3)..............		H
	84.2(1)..............		H
	84.2(3)..............		H
	84.3(1)..............		H
	84.5(1)..............		H
	84.5(2)..............		H
	84.5(3)..............		H
	84.8(1)..............		H
	84.8(2)..............		H
	84.8(3)..............		H
	85(1)(a)..............		H
	85(1)(b)..............		H
	85(1)(c)..............		H
	85(1)(d)..............		H
	85(2)..............		H
	85(4)..............		H
	85(5)..............		H
	86..............		H
	86.1..............		H
	87..............		H

1990, c.61, s.111; 2007, c.55, s.2; 2008, c.48, s.4

N.B. Sections 4 - 14 of this Act were proclaimed and came into force July 26, 1978.

N.B. Sections 51 - 57 of this Act were proclaimed and came into force July 31, 1978.

N.B. Sections 20 - 27, 31 - 36, 92 and 93 of this Act were proclaimed and came into force September 1, 1978.

N.B. All sections of this Act, not previously proclaimed in force, were proclaimed and came into force September 13, 1978.

N.B. This Act is consolidated to January 1, 2010.

P-9.3 - Political Process Financing Act

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