Bill M 201 – 2017: Election Amendment Act, 2017

MR. ANDREW WILKINSON

BILL M 201 – 2017

ELECTION AMENDMENT ACT, 2017

HER MAJESTY, by and with the advice and consent of the Legislative Assembly of the Province of British Columbia, enacts as follows:

SECTION 1: [Election Act, section 1]

adds a number of definitions;
is consequential to amendments made to the Act by this Bill;
provides that "sponsor", in specified provisions, includes an individual or organization who intends to sponsor election communications.

"contributor confirmation" means a confirmation under section 235.041 (2) (a);

"election advertising" means the transmission to the public by any means, during the campaign period, of an advertising message that promotes or opposes, directly or indirectly, a registered political party or the election of a candidate, including an advertising message that takes a position on an issue with which a registered political party or candidate is associated, but does not include

(a) the publication without charge of news, an editorial, an interview, a column, a letter, a debate, a speech or a commentary in a bona fide periodical publication or a radio or television program,

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

(d) the transmission by an individual, on a non-commercial basis on the internet, or by telephone or text messaging, of his or her personal political views;

(i) canvassing voters, in person or by telephone, to attempt to influence how voters vote;

(ii) delivering material that contains advertising messages to recipients of postal mail;

(iii) publishing, broadcasting or transmitting to the public the results of an election opinion survey;

"election opinion survey" means an opinion survey respecting an election or a matter of public discussion in relation to the election, including an opinion survey respecting an issue discussed publicly in the election;

"eligible individual" means an individual who is, or was immediately before the date of the individual's death,

(b) a Canadian citizen or a permanent resident as defined in the Immigration and Refugee Protection Act (Canada);

at a rate of interest that is not less than the prime rate of the principal banker to the government at the time the rate of interest for the loan is fixed;

"sponsorship account" means an account established under section 229.01 or 229.02;

"sponsorship contribution" means a sponsorship contribution within the meaning of sections 235.02 to 235.04, whether provided before or after the individual or organization acts as a sponsor;

(b) the market value of preparing and conducting the election communications, if no price is paid or if the price paid is lower than the market value. ,

(c) in subsection (1) in paragraph (c) of the definition of "registered" by striking out "sponsor of election advertising" and substituting "sponsor of election communications", and

(2) For the purposes of sections 229.01, 229.02, 235.02 to 235.04, 235.05 (2), 235.06 (2) and (3), 235.071 and 235.072, "sponsor" includes an individual or organization who intends to sponsor election communications.

SECTION 2: [Election Act, Division 0.1 of Part 10] adds a definition of "major political party".

Definition of "major political party"

174.01 (1) In this Part, "major political party" means a registered political party to which one or both of the following apply:

(a) the political party has a representative appointed to the Election Advisory Committee;

(b) the political party accepts, in a calendar year, political contributions that have a total value greater than $50 000.

(2) For the purposes of paragraph (a) of the definition of "major political party" in subsection (1) of this section, a political party is conclusively deemed, despite section 14 (5), to have a representative appointed to the Election Advisory Committee

(a) during the period that starts 30 days after the date set under section 26 (2) (c) for the return of the writ or writs and ends on the date new appointments are made under section 14 (3), if the political party had a representative appointed to the committee immediately before that period starts, or

(b) on the date that is 30 days after the date set under section 26 (2) (c) for the return of the writ or writs, if the political party

(i) did not have a representative appointed to the committee immediately before the period referred to in paragraph (a) of this subsection, and

SECTION 3: [Election Act, section 180] provides that annual membership fees greater than $25 for a political party or constituency association are political contributions.

(a) fees paid for conferences and conventions of a political party, including leadership conventions;

(b) annual membership fees greater than $25 for a political party or constituency association.

SECTION 4: [Election Act, section 181] updates the rules respecting loans and guarantees.

Loans and guarantees

181 (1) A permissible loan, or a guarantee for a permissible loan, to an organization or individual as referred to in section 180 (1) (a) to (e) is not a political contribution.

(2) A permissible loan, or a guarantee for a permissible loan, to an organization or individual as referred to in section 180 (1) (a) to (e) must be made only by a savings institution.

(3) An organization or individual as referred to in section 180 (1) (a) to (e) must not accept a loan other than a permissible loan.

(4) A savings institution must not make to an organization or individual as referred to in section 180 (1) (a) to (e) a loan other than a permissible loan.

(5) An organization or individual as referred to in section 180 (1) (a) to (e) must not accept a guarantee for a permissible loan unless it is provided with non-preferential treatment.

(6) A savings institution must not make or accept a guarantee for a permissible loan to an organization or individual as referred to in section 180 (1) (a) to (e) unless it is provided with non-preferential treatment.

SECTION 5: [Election Act, section 182] is consequential to amendments made to the Act by this Bill.

(b) in subsection (4) by striking out "by an organization or individual" and substituting "by an individual".

SECTION 6: [Election Act, section 182] changes the relevant amount for political contributions through fundraising functions to an amount greater than $100.

(a) in subsection (2) (c) (i) by striking out "more than $250" and substituting "greater than $100", and

(b) in subsection (4) (b) by striking out "greater than $250" and substituting "greater than $100".

SECTION 7: [Election Act, section 182.01] establishes requirements to publish information about fundraising functions.

Information respecting fundraising functions

182.01 (1) A major political party must publish, on an internet site maintained by or on behalf of the political party, the information listed in subsection (4) respecting a fundraising function that has a per individual charge of greater than $100 and that is held for the purpose of raising funds for any of the following:

(2) A candidate who must file a disclosure report under section 206.03 (2) must publish, on an internet site maintained by or on behalf of the candidate, the information listed in subsection (4) of this section respecting a fundraising function that has a per individual charge of greater than $100 and that is held for the purpose of raising funds for the candidate.

(3) A registered constituency association that must file a disclosure report under section 206.04 (b) or 206.05 must publish, on an internet site maintained by or on behalf of the constituency association, the information listed in subsection (4) of this section respecting a fundraising function that has a per individual charge of greater than $100 and that is held for the purpose of raising funds for the constituency association.

(4) For the purposes of subsections (1) to (3), the information that must be published is

(c) the usual name of the political party, candidate or constituency association that is holding the fundraising function or on whose behalf the fundraising function is being held.

(5) A political party that has a representative on the Election Advisory Committee and that publishes information under this section must

(a) publish the information no later than 5 days after the date of the fundraising function, and

(b) ensure the information continues to be published until one year after general voting day for the next general election.

(6) A political party that must file a disclosure report under section 206.02 and that publishes information under this section must

(ii) if the political party has not filed a disclosure report under section 206.02 as of the date of the fundraising function, no later than 5 days after the date by which the first disclosure report in the calendar year must be filed under that section, and

(b) ensure the information continues to be published until one year after general voting day for the next general election.

(ii) if the candidate has not filed a disclosure report under section 206.03 (2) as of the date of the fundraising function, no later than 5 days after the date by which the first disclosure report in relation to the individual's candidacy must be filed under that section, and

(b) ensure the information continues to be published until one year after general voting day for the next general election.

(8) A registered constituency association that publishes information under this section must

(ii) if the constituency association has not filed a disclosure report under section 206.04 (b) or 206.05 as of the date of the fundraising function, no later than 5 days after the date by which the first disclosure report in the calendar year must be filed under those sections, and

(b) ensure the information continues to be published until one year after general voting day for the next general election.

SECTION 8: [Election Act, section 186]

prohibits a person other than an eligible individual from making a political contribution;
provides that contributions of money greater than $25 must be made by specified means;
is consequential to amendments made to the Act by this Bill.

(0.1) A person must not make a political contribution unless the person is an eligible individual. ,

(b) in subsection (1) by striking out "An individual or organization" and substituting "An eligible individual",

(d) in subsection (2) (a) by striking out "an individual or organization" and substituting "an eligible individual" and by striking out "the individual or organization" and substituting "the eligible individual",

(e) in subsection (2) (b) by striking out "of another individual," and substituting "of another individual, if that other individual is an eligible individual," and by striking out "the individual whose" and substituting "the eligible individual whose", and

SECTION 9: [Election Act, sections 186.01 and 186.02]

sets political contribution limits;
establishes the rules for political contribution limits in testamentary instruments.

Political contribution limits

186.01 (1) An eligible individual must not make political contributions that exceed the following limits:

(a) in a calendar year, political contributions to any one registered political party that have a total value greater than $2 500;

(b) in a calendar year, political contributions to the constituency associations and candidates of any one registered political party that have a total value greater than $2 500;

(c) in a calendar year, political contributions to each independent candidate and the constituency association that supports the independent candidate that have a total value greater than $2 500;

(d) political contributions to each leadership contestant, in relation to that individual's seeking of the leadership, that have a total value greater than $2 500;

(e) political contributions to each nomination contestant, in relation to that individual's seeking of the nomination, that have a total value greater than $2 500.

(2) The political contribution limits set out in subsection (1) increase by $25 on January 1 in each year.

Testamentary instruments

186.02 (1) In this section, "testamentary instrument" has the same meaning as in the Wills, Estates and Succession Act.

(2) An eligible individual may make a political contribution in a testamentary instrument if the political contribution

(b) does not exceed the contribution limits set out in section 186.01, taking into account any political contribution the individual made before his or her death.

(a) for a political contribution that would cause the individual to exceed the contribution limits set out in section 186.01, the testamentary instrument must be read as if the contribution is for the highest amount that would not cause the individual to exceed those limits, or

(b) for a political contribution to be made in more than one calendar year after the year in which this section comes into force, the testamentary instrument must be read as if the contribution is to be made in only the first of those calendar years.

SECTION 10: [Election Act, section 187]

prohibits accepting political contributions from anyone other than an eligible individual;
confirms the prohibition on accepting political contributions from a federal political party or electoral district association.

(1.01) A financial agent or an individual authorized under subsection (1) must not accept a political contribution from a person other than an eligible individual. , and

(b) in subsection (1.1) by striking out "A financial agent" and substituting "For certainty, a financial agent".

SECTION 11: [Election Act, section 190] adds a requirement for a financial agent to record information about a fundraising function.

(ii) a political contribution described in section 182 (3) or (4) that is for a fundraising function and has a value greater than $100;

(h) in the case of a contribution described in paragraph (g), the date of the fundraising function.

SECTION 12: [Election Act, section 190] updates recording requirements for permissible loans and guarantees for permissible loans.

(4) At the time a permissible loan, or a guarantee for a permissible loan, is received, the financial agent must record the following:

SECTION 13: [Election Act, section 205.01] adds definitions of "disclosure report" and "receive".

Definitions

205.01 (1) In this Division and Division 7 of this Part, "disclosure report" means a political contribution disclosure report required to be filed under section 206.01, 206.02, 206.03, 206.04 or 206.05, as applicable.

(2) In sections 190 (1) (b), 206.01 to 206.05 and 220.01, "receive", in relation to a political contribution of money, means the deposit of the money into an account in a savings institution.

SECTION 14: [Election Act, section 206] updates what information is to be included in disclosure reports.

(a) the information required to be recorded under section 190 (1), other than the address of an individual, for each contributor who made one or more political contributions that have a total value greater than $100, or a higher amount established by regulation, if those political contributions were made

(A) the political contributions that bring the total value of the political contributions made by the contributor to an amount greater than $100, or the higher amount established by regulation, and

(B) every subsequent political contribution made by the contributor, regardless of the amount, as required under the applicable provision; .

SECTION 15: [Election Act, sections 206.01 to 206.05] establishes a disclosure reporting framework for major political parties, candidates and registered constituency associations.

Disclosure reporting – major political party
with representative on Election Advisory Committee

206.01 If a major political party has a representative appointed to the Election Advisory Committee, the financial agent for the political party must file with the chief electoral officer, on behalf of the political party, a disclosure report within 14 days of the political party receiving a political contribution from a contributor who, in a calendar year, makes one or more political contributions that have a total value greater than the applicable amount under section 206 (1) (a).

Disclosure reporting – major political party
with political contributions greater than $50 000

206.02 (1) If, in a calendar year, a major political party that does not have a representative appointed to the Election Advisory Committee accepts political contributions that have a total value greater than $50 000, the financial agent for the political party must file with the chief electoral officer, on behalf of the political party, a disclosure report, for each political contribution described in section 206 (1) (a) that is accepted since January 1 of the calendar year, within 14 days of the political party receiving a political contribution that brings the total value of the political contributions accepted by the political party to an amount greater than $50 000.

(2) If the financial agent for a major political party must file a disclosure report under subsection (1), the financial agent must file with the chief electoral officer, on behalf of the political party, a disclosure report within 14 days of the political party receiving a political contribution from a contributor who makes one or more political contributions that have a total value greater than the applicable amount under section 206 (1) (a).

(3) The financial agent for a major political party must file disclosure reports under subsection (2) for the remainder of the calendar year in which the financial agent filed a disclosure report under subsection (1).

Disclosure reporting – candidate

206.03 (1) Within 14 days of a declaration under section 61, the financial agent for a candidate who is a representative of a major political party must file with the chief electoral officer, on behalf of the candidate, a disclosure report for each political contribution described in section 206 (1) (a) that is accepted by the candidate in relation to that individual's candidacy.

(2) Once a declaration under section 61 has been made, the financial agent for a candidate must file with the chief electoral officer, on behalf of the candidate, a disclosure report, for each political contribution described in section 206 (1) (a) that is accepted by the candidate in relation to that individual's candidacy, within 14 days of the candidate receiving a political contribution that brings the total value of the political contributions accepted by the candidate in relation to that individual's candidacy to an amount greater than $10 000.

(3) If the financial agent for a candidate must file a disclosure report under subsection (1) or (2), the financial agent must file with the chief electoral officer, on behalf of the candidate, a disclosure report within 14 days of the candidate receiving a subsequent political contribution during the campaign period from a contributor who makes one or more political contributions that have a total value greater than the applicable amount under section 206 (1) (a).

(4) If both subsections (1) and (2) apply in relation to a candidate, the financial agent for the candidate

Disclosure reporting – registered constituency association
for major political party

206.04 The financial agent for a registered constituency association must file with the chief electoral officer, on behalf of the constituency association, a disclosure report within 14 days of the constituency association receiving a political contribution from a contributor who, in a calendar year, makes one or more political contributions that have a total value greater than the applicable amount under section 206 (1) (a), if one of the following applies to the constituency association:

(a) the constituency association is the local organization for a major political party;

(b) the constituency association supports an independent member of the Legislative Assembly.

Disclosure reporting – registered constituency association
with political contributions greater than $10 000

206.05 (1) If, in a calendar year, a registered constituency association to which section 206.04 does not apply accepts political contributions that have a total value greater than $10 000, the financial agent for the constituency association must file with the chief electoral officer, on behalf of the constituency association, a disclosure report, for each political contribution described in section 206 (1) (a) that is accepted since January 1 of the calendar year, within 14 days of the constituency association receiving a political contribution that brings the total value of political contributions accepted by the constituency association to an amount greater than $10 000.

(2) If the financial agent for a registered constituency association must file a disclosure report under subsection (1), the financial agent must file with the chief electoral officer, on behalf of the constituency association, a disclosure report within 14 days of the constituency association receiving a political contribution from a contributor who makes one or more political contributions that have a total value greater than the applicable amount under section 206 (1) (a).

(3) The financial agent for a registered constituency association must file disclosure reports under subsection (2) for the remainder of the calendar year in which the financial agent filed a disclosure report under subsection (1).

SECTION 16: [Election Act, section 207] is consequential to amendments made to the Act by this Bill.

(ii) for any permissible loans, the information recorded under section 190 (4); , and

(h) any permissible loans received before the year for which the report is made if there is an outstanding balance, indicating for each the information recorded under section 190 (4); .

SECTION 17: [Election Act, sections 209 to 211] is consequential to amendments made to the Act by this Bill.

17 Sections 209 (2) (e), 210 (2) (e) and 211 (2) (c) are amended by repealing subparagraph (ii) and substituting the following:

SECTION 18: [Election Act, section 213]

adds disclosure reports to the exception under section 213 (2) of the Act;
provides that disclosure reports must be filed in the form and manner prescribed by regulation.

(2) As an exception to subsection (1) (b), a report of the auditor is not required for the following:

(5) The financial agent for a registered political party, candidate or registered constituency association must file a disclosure report in the form and manner prescribed by regulation.

SECTION 19: [Election Act, section 215] is consequential to amendments made to the Act by this Bill.

19 Section 215 (2) (c) and (d) is amended by striking out "election advertising disclosure reports" and substituting "election communications disclosure reports".

SECTION 20: [Election Act, section 215.01] creates a publishing requirement for disclosure reports.

Publication of disclosure reports

215.01 As soon as practicable after receiving a disclosure report, the chief electoral officer must publish, in a manner that the chief electoral officer considers appropriate, the information in the disclosure report that is required under section 206 to be included in the disclosure report.

SECTION 21: [Election Act, section 215.02] creates a publishing requirement for disclosure reports.

Publication of reports on internet

215.02 The chief electoral officer may publish on an internet site maintained by the chief electoral officer, or authorized by the chief electoral officer to be used for the publication of reports,

(a) a report that must be available for public inspection, under this Division, at the office of the chief electoral officer during its regular office hours, and

SECTION 22: [Election Act, section 216]

is consequential to amendments made to the Act by this Bill;
sets out options to publish the notice of late filing of disclosure reports.

(a) in subsection (1) by striking out "The chief electoral officer" and substituting "Subject to subsection (1.1), the chief electoral officer", and

(1.1) The chief electoral officer may publish a notice under subsection (1) in relation to the late filing of a disclosure report by doing the following:

SECTION 23: [Election Act, section 220] provides that a disclosure report may be filed within the applicable late filing period upon payment of a late filing fee.

(c) in the case of a disclosure report for a registered political party, candidate or registered constituency association, on payment of a late filing fee of $100, or a higher amount established by regulation, the report may be filed within 28 days after the end of the time period for filing established by Division 6 of this Part or before a later date permitted by a court order under section 225.

SECTION 24: [Election Act, sections 220.01 to 220.03]

sets out penalties

for late filing of disclosure reports, and
in relation to the publication of information for a fundraising function;

provides for court relief for penalties respecting fundraising functions.

Penalties for late filing of disclosure reports

220.01 (1) Unless relief is granted by a court on an application under section 225 commenced before the end of the late filing period under section 220 (5) (c), a registered political party, candidate or registered constituency association for which a required disclosure report is not filed with the chief electoral officer is subject to the following penalties:

(a) if the disclosure report is filed after the end of the late filing period under section 220 (5) (c) but before the earlier of the date the election financing report and the date the annual financial report must be filed with the chief electoral officer, a penalty of 50% of the political contributions that should have been disclosed in the disclosure report;

(b) if the disclosure report is not filed by the earlier of the date the election financing report and the date the annual financial report must be filed with the chief electoral officer, a penalty of 100% of the political contributions that should have been disclosed in the disclosure report.

(2) For certainty, the annual financial report referred to in subsection (1) is the annual financial report for the calendar year in which the political contribution that should have been disclosed was received.

Penalties respecting fundraising functions

220.02 (1) Within 7 days of the chief electoral officer becoming aware of non-compliance with section 182.01 by a major political party, candidate or registered constituency association, the chief electoral officer must inform the political party, candidate or registered constituency association of the non-compliance and the related penalty.

(2) Unless relief is granted by a court on an application under section 220.03, a major political party, candidate or registered constituency association must pay to the chief electoral officer a penalty in the amount of $10 000 if the political party, candidate or registered constituency association fails to publish or ensure the continued publication of information as required under section 182.01.

Court order for relief respecting fundraising functions

220.03 (1) A major political party, candidate or registered constituency association may apply to the Supreme Court in accordance with this section for relief from a penalty under section 220.02 (2) for non-compliance with section 182.01.

(2) For certainty, a major political party may apply under subsection (1) in relation to a penalty imposed on any of its candidates or constituency associations.

(3) An application may be made only within 30 days after the chief electoral officer, under section 220.02 (1), informs the political party, candidate or registered constituency association of the non-compliance and related penalty.

(4) The petition commencing an application must be served on the chief electoral officer within 7 days after it is filed and the chief electoral officer is a party to the application.

(a) grant relief from a penalty if the court considers that, in relation to the non-compliance, the political party, candidate or registered constituency association has acted in good faith;

(b) make any order the court considers appropriate to secure compliance with section 182.01 to the extent the court considers reasonable in the circumstances;

SECTION 25: [Election Act, section 228] is consequential to amendments made to the Act by this Bill.

SECTION 26: [Election Act, section 229] is consequential to amendments made to the Act by this Bill.

(a) by striking out "sponsor of election advertising" and substituting "sponsor of election communications",

(b) in paragraph (a) by striking out "election advertising" and substituting "election communications", and

SECTION 27: [Election Act, sections 229.01 and 229.02] establishes requirements to have a sponsorship account and the rules for sponsorship accounts.

Requirement for sponsorship account

229.01 (1) A sponsor of election communications who accepts a sponsorship contribution that brings the total value of the sponsorship contributions accepted by the sponsor to an amount greater than $10 000 must open a sponsorship account at a savings institution.

(i) in the case of a sponsor who is an individual, in the name of the individual, and

(b) must be used exclusively for purposes of sponsoring election communications by the sponsor, and

(a) the only amounts deposited into a sponsorship account of the sponsor are amounts permitted to be deposited under this section, and

(b) a sponsorship account of the sponsor is not used for any purpose other than one permitted under this section.

(4) If a sponsor of election communications is required to open a sponsorship account under subsection (1), the sponsor must

(a) deposit every sponsorship contribution of money in the sponsorship account, and

(b) within 7 days of opening the sponsorship account, transfer to the sponsorship account all sponsorship contributions of money that the sponsor has accepted, other than sponsorship contributions of money that the sponsor has used, before the date of opening the sponsorship account, to sponsor election communications.

(5) In addition to purposes of sponsoring election communications, a sponsorship account under this section may be used for the following purposes:

(d) transfers out of, or withdrawals from, the sponsorship account if the money being transferred or withdrawn is not used to sponsor election communications.

(6) In addition to the required deposits under subsection (4), the following may be deposited into a sponsorship account of the sponsor:

(b) an amount equal to the amount transferred or withdrawn under subsection (5) (d) if the money was not used to sponsor election communications;

(7) If a sponsor of election communications who is required to open a sponsorship account under subsection (1) is deregistered as a sponsor, the sponsor is not required to keep the sponsorship account open, but may do so.

(8) If an individual or organization who is required to open a sponsorship account under subsection (1) does not register as a sponsor, the individual or organization is not required to keep the sponsorship account open, but may do so.

Subsequent sponsorship account

229.02 (1) If, after closing a sponsorship account, a sponsor of election communications accepts a sponsorship contribution that brings the total value of the sponsorship contributions accepted by the sponsor from the date of the closure of the sponsorship account to an amount greater than $10 000, the sponsor must open a new sponsorship account at a savings institution and section 229.01 (2) to (8) applies.

(2) The sponsor of election communications may transfer into the sponsorship account required under subsection (1) an amount equal to the balance that remained in the previous sponsorship account when it was closed.

SECTION 28: [Election Act, section 230] is consequential to amendments made to the Act by this Bill.

28 Section 230 is amended by striking out "sponsor election advertising" and substituting "sponsor election communications".

SECTION 29: [Election Act, section 231] extends identification of sponsor requirements in relation to election opinion surveys.

(a) in subsections (1) and (3) by striking out "any election advertising" and substituting "any election advertising, or any election communications described in paragraph (b) (iii) of the definition of "election communications" in section 1 (1),",

(b) in subsection (1) by striking out "unless the advertising" and substituting "unless the communications", and

SECTION 30: [Election Act, section 231.01] adds identification of sponsor requirements in relation to canvassing and direct mail.

Identification of sponsor

231.01 (1) With respect to election communications described in paragraph (b) (i) of the definition of "election communications" in section 1 (1), the person canvassing a voter must provide to the voter the information described in section 231 (1) (a) to (c).

(2) With respect to election communications described in paragraph (b) (ii) of the definition of "election communications" in section 1 (1), the material must include the information described in section 231 (1) (a) to (d).

(3) The chief electoral officer, or a person acting on the direction of the chief electoral officer, may require a person to discontinue any election communications referred to in subsections (1) and (2) that do not meet the requirements in those subsections.

SECTION 31: [Election Act, section 233.1] is consequential to amendments made to the Act by this Bill.

SECTION 32: [Election Act, Division 1.01 of Part 11] establishes a sponsorship contribution framework.

Definition

235.01 In this Division, "contribution" means any of the following provided to a sponsor of election communications:

(a) an amount of money or the value of any property or services provided without compensation by way of donation, advance, deposit, discount or otherwise;

Sponsorship contributions

235.02 (1) Subject to this section and sections 235.03 and 235.04, a sponsorship contribution is a contribution, in relation to which the contributor has provided a contributor confirmation and contributor consent, that is provided for the purpose of sponsoring election communications.

(a) provided to a sponsor of election communications at less than market value, or

(b) acquired from a sponsor of election communications at greater than market value,

the difference between the market value of the property or services at the time provided and the amount charged is a sponsorship contribution.

(ii) receives no compensation, directly or indirectly, in relation to the services or the time spent providing the services;

(b) property of a volunteer if it is provided or used in relation to the services of the individual as a volunteer;

(c) publishing without charge news, an editorial, an interview, a column, a letter or a commentary in a bona fide periodical publication or a radio or television program;

(d) broadcasting time provided, without charge, as part of a bona fide public affairs program;

(e) producing, promoting or distributing a publication for no less than its market value, if the publication was planned to be sold regardless of the election.

Loans and guarantees to election communications sponsors

235.03 (1) A permissible loan, or a guarantee for a permissible loan, to a sponsor of election communications is not a sponsorship contribution.

(2) A permissible loan, or a guarantee for a permissible loan, to a sponsor of election communications must be made only by a savings institution.

(3) A sponsor of election communications must not accept a loan other than a permissible loan.

(4) A savings institution must not make to a sponsor of election communications a loan other than a permissible loan.

(5) A sponsor of election communications must not accept a guarantee for a permissible loan unless it is provided with non-preferential treatment.

(6) A savings institution must not make or accept a guarantee for a permissible loan to a sponsor of election communications unless it is provided with non-preferential treatment.

Sponsorship contributions through fundraising functions

235.04 (1) Except as provided in this section or if received as anonymous sponsorship contributions permitted under section 235.07, funds raised by a fundraising function for a sponsor of election communications are not sponsorship contributions.

(2) If a charge per individual is made for a fundraising function and the sponsor of election communications obtains a contributor confirmation and contributor consent for that charge, the following rules apply:

(a) if the per individual charge is greater than $50, or a higher amount established by regulation, the payment of such a charge by an individual is a sponsorship contribution;

(b) if the per individual charge is the amount referred to in paragraph (a) or less,

(i) the payment by an individual of more than $100, or a higher amount established by regulation, in respect of one or more charges is a sponsorship contribution, and

(ii) the payment by an individual of the amount referred to in subparagraph (i) or less in respect of one or more charges is not a sponsorship contribution.

(3) If the amount paid for property or services offered for sale at a fundraising function is greater than their market value, the difference between the amount paid and the market value at the time it is agreed to be paid is a sponsorship contribution if the sponsor of election communications obtains a contributor confirmation and contributor consent for that amount.

(4) The value of property or services, or both, donated by an individual for sale at a fundraising function is a sponsorship contribution if the sponsor of election communications obtains a contributor confirmation and contributor consent for that donation unless the property or services, or both, as applicable,

(b) have a total value that is not greater than $100 or a higher amount established by regulation.

Making and using sponsorship contributions

235.041 (1) A person must not make a sponsorship contribution unless the person is an eligible individual.

(2) Before a sponsor of election communications may use a contribution to sponsor election communications, the sponsor must obtain from the contributor the following in writing:

(a) a confirmation from the contributor that the contributor is an eligible individual;

(b) consent from the contributor that the sponsor may use all or part of the contribution to sponsor election communications.

(3) If a contributor does not provide a contributor confirmation and contributor consent, the contribution is not a sponsorship contribution.

Contributor confirmation and consent in relation to sponsorship contributions

235.05 (1) A contributor may provide a contributor confirmation and contributor consent

(b) after the date the contributor makes a contribution but before the earlier of the following:

(i) the date that is 24 months after the date the contributor made the contribution;

(a) may request the contributor to provide a contributor confirmation and contributor consent, and

(i) how much the contributor has contributed in the applicable calendar year, and

(ii) whether the contributor has previously provided a contributor consent for one or more contributions in the applicable calendar year, and, if so, the amount of those contributions.

(3) A sponsor of election communications who does not obtain a contributor confirmation and contributor consent must not use any part of the contribution to sponsor election communications.

(4) A sponsor of election communications who obtains a contributor confirmation and contributor consent must, if the sponsor is required to open a sponsorship account under section 229.01, transfer to the sponsorship account all sponsorship contributions of money to which the confirmation and consent relate.

Use of sponsorship contribution

235.051 A sponsor of election communications must not use a contribution that is not a sponsorship contribution to sponsor election communications.

Sponsorship contribution limits

235.06 (1) An eligible individual must not make, in a calendar year, sponsorship contributions that have a total value greater than $2 500 to any one sponsor of election communications.

(a) from an eligible individual, in a calendar year, sponsorship contributions that have a total value greater than $2 500, or

(b) a sponsorship contribution that the sponsor has reason to believe is made in contravention of this Act.

(3) If 2 or more sponsors of election communications sponsor election communications in combination, the sponsors must not use sponsorship contributions from a single contributor that exceed the limit set in subsection (2) (a) for that sponsorship.

(4) The sponsorship contribution limits set out in subsections (1) and (2) (a) increase by $25 on January 1 in each year.

Restrictions on sponsorship contributions

235.061 (1) An individual or organization must not make a sponsorship contribution indirectly by giving money, or providing property or services without compensation, to an eligible individual

(b) as consideration for that eligible individual making a sponsorship contribution.

(2) An eligible individual must not make a sponsorship contribution with money, property or services of any other individual or organization.

(3) As an exception to subsections (1) and (2), an individual may make a sponsorship contribution with the money, property or services of another individual, if that other individual is an eligible individual, but must disclose to the registered sponsor required to record the contribution under section 241 (2) the full name and address of the eligible individual whose money, property or services are being used.

Limits on anonymous sponsorship contributions

(a) as anonymous sponsorship contributions, in relation to any one election, anonymous contributions that have a value greater than $5 000, or a higher amount established by regulation, and

(b) as an anonymous sponsorship contribution, an anonymous contribution that has a value greater than $25, or a higher amount established by regulation.

(2) Sections 235.041 (2) and (3) and 235.05 (3) do not apply to anonymous sponsorship contributions.

Prohibited sponsorship contributions must be returned

235.071 (1) If a sponsor of election communications becomes aware that a contribution was made or accepted as a sponsorship contribution in contravention of this Act, the sponsor of election communications must return to the contributor

within 30 days after the sponsor of election communications becomes aware of the contravention.

(2) If a sponsor of election communications is not able to comply with subsection (1), the sponsor must transfer the contribution, or an amount equal to the value of the contribution, out of the sponsorship account and may use it for a purpose other than sponsoring election communications.

Sponsorship contributions over specified amount

235.072 An eligible individual must not make, and a sponsor of election communications must not accept, a sponsorship contribution of money in an amount greater than $25 except by means of

(a) a cheque with the name of the contributor legibly shown on it and drawn on an account in the contributor's name maintained in a savings institution,

(b) a money order with the name of the contributor legibly shown on it and signed by the contributor,

(d) an electronic transfer of funds from an account in the contributor's name maintained in a savings institution.

SECTION 33: [Election Act, heading to Division 2 of Part 11] is consequential to amendments made to the Act by this Bill.

33 The heading to Division 2 of Part 11 is repealed and the following substituted:

SECTION 34: [Election Act, section 235.1] is consequential to amendments made to the Act by this Bill.

(a) in subsections (1) and (2) by striking out "election advertising during" and substituting "election communications during", and

(b) in subsections (1) and (2) by striking out "that election advertising" wherever it appears and substituting "those election communications".

SECTION 35: [Election Act, section 235.2] is consequential to amendments made to the Act by this Bill.

35 Section 235.2 (1) is amended by striking out "election advertising" wherever it appears and substituting "election communications".

SECTION 36: [Election Act, section 235.3] is consequential to amendments made to the Act by this Bill.

36 Section 235.3 (2) is amended by striking out "election advertising" and substituting "election communications".

SECTION 37: [Election Act, section 239] is consequential to amendments made to the Act by this Bill.

(a) in subsections (1) and (3) by striking out "election advertising" and substituting "election communications", and

(b) in subsection (2) by striking out "election advertising is" and substituting "election communications are".

SECTION 38: [Election Act, section 240] is consequential to amendments made to the Act by this Bill.

38 Section 240 (3) (b) (ii) is amended by striking out "election advertising" and substituting "election communications".

SECTION 39: [Election Act, section 240.01] establishes a requirement for the chief electoral officer to establish and maintain a register of registered sponsors.

240.01 The chief electoral officer must establish and maintain a register of all registered sponsors and must include in the register the information referred to in section 240 (2) and the date of the appointment of an auditor by the registered sponsor, if applicable.

SECTION 40: [Election Act, section 241]

is consequential to amendments made to the Act by this Bill;
adds recording requirements respecting sponsorship contributions and sponsorship accounts.

(2) An individual or organization who is registered or required to be registered as a sponsor must maintain records of the following information:

(i) in the case of anonymous sponsorship contributions, the date on which the contributions were accepted, the total amount accepted on each date and, if applicable, the event at which they were accepted, and

(ii) in the case of sponsorship contributions that are not anonymous sponsorship contributions, the information referred to in section 190 (1) (a) to (c) and (f) and the written contributor confirmations and contributor consents obtained under section 235.041;

(b) in respect of the amounts deposited into or paid from the sponsor's sponsorship account, if applicable,

(iv) the amount and date of each deposit made under section 229.01 (6) (a) and (b),

SECTION 41: [Election Act, heading to Division 4 of Part 11] is consequential to amendments made to the Act by this Bill.

41 The heading to Division 4 of Part 11 is repealed and the following substituted:

SECTION 42: [Election Act, section 242] is consequential to amendments made to the Act by this Bill.

42 Section 242 (5) is amended by striking out "sponsored election advertising," and substituting "sponsored election communications," and by striking out "election advertising disclosure report" and substituting "election communications disclosure report".

SECTION 43: [Election Act, section 244]

is consequential to amendments made to the Act by this Bill;
changes the deadline for filing an election communications disclosure report.

(a) by striking out "election advertising disclosure report" wherever it appears and substituting "election communications disclosure report",

(b) in subsection (1) by striking out "election advertising that has" and substituting "election communications that have",

(d) in subsection (3) by striking out "election advertising is" and substituting "election communications are".

SECTION 44: [Election Act, section 245]

is consequential to amendments made to the Act by this Bill;
extends by one month the period of time for which amounts of contributions must be reported in an election communications disclosure report;
changes the relevant amount for sponsorship contributions for reporting requirements.

(a) in subsection (1) by striking out "election advertising" wherever it appears and substituting "election communications",

(b) the amount of the sponsorship contributions accepted by the sponsor in relation to the election up to the date that is 90 days after the end of the campaign period for the election, reported in accordance with subsections (2) to (4); ,

(2) For the purposes of subsection (1) (b), amounts accepted from anonymous contributors must be reported separately. ,

(e) in subsections (3), (4) and (6) by striking out "contributions" wherever it appears and substituting "sponsorship contributions",

(f) in subsection (3) by striking out "that, in total, have a value of more than $250" and substituting "that have a total value greater than $100,", and

SECTION 45: [Election Act, section 245.01] adds a requirement to have an auditor and to have election communications disclosure reports audited for a sponsor of election communications that sponsors election communications with a value greater than $10 000.

Requirement for audit

245.01 (1) A sponsor of election communications who sponsors election communications with a total value greater than $10 000 during a campaign period must appoint an auditor.

(2) Section 179 (2) to (5) applies to an appointment under subsection (1) of this section.

(3) As soon as possible after an appointment is made under this section, the sponsor of election communications must deliver to the chief electoral officer a copy of the appointment and the auditor's consent to act.

(4) The election communications disclosure report of a sponsor of election communications who is required to appoint an auditor under subsection (1) must be audited.

(5) The sponsor of election communications must give the auditor access at all reasonable times to the records of the sponsor and must provide the auditor with any information the auditor considers necessary to enable the auditor to give a report under this section.

SECTION 46: [Election Act, sections 247 to 249] is consequential to amendments made to the Act by this Bill.

46 Sections 247 (1), 248 (1) and 249 are amended by striking out "election advertising" and substituting "election communications".

SECTION 47: [Election Act, section 263]

is consequential to amendments made to the Act by this Bill;
adds offences in relation to election financing;
increases the fine to $20 000.

(b) in subsection (1) (d) by striking out "section 186, 187 or 188" and substituting "section 186, 186.01, 187 or 188", and

SECTION 48: [Election Act, section 264]

is consequential to amendments made to the Act by this Bill;
adds offences in relation to election communications;
increases the fine to $20 000.

(a) in subsection (1) (a) by striking out "election advertising" and substituting "election communications",

(l) contravenes section 231.01 respecting identification of the sponsor of election communications;

(m) contravenes section 235.041, 235.05, 235.051, 235.06, 235.061, 235.07, 235.071 or 235.072 respecting sponsorship contributions;

(n) contravenes section 245.01 respecting the requirement to appoint an auditor and respecting audits of election communications disclosure reports. , and

SECTION 49: [Election Act, section 276] is consequential to amendments made to the Act by this Bill.

49 Section 276 (2) (d) is amended by striking out "election advertising disclosure report" and substituting "election communications disclosure report".

SECTION 50: [Election Act, section 283] provides that the chief electoral officer may make regulations prescribing the manner in which disclosure reports under Part 10 of the Act must be filed.

(j.2) prescribing the manner in which disclosure reports under Part 10 must be filed; .

SECTION 51: [Election Act, section 283] is consequential to amendments made to the Act by this Bill.

51 Section 283 (n) (ii) is amended by striking out "election advertising disclosure report" and substituting "election communications disclosure report".

SECTION 52: [Election Act, Schedule] is self-explanatory.

Transitional Provisions

SECTION 53: [Transition – application of amendments] is self-explanatory.

Transition – application of amendments

53 (1) Despite section 3 of the Election Act, the following amendments made by this Act to the Election Act apply to an election called after the date this section comes into force regardless of when the election is called:

(a) the amendments made by section 1 of this Act to add definitions of "election opinion survey", "eligible individual" and "permissible loan" to section 1 of the Election Act;

(b) the amendment made by section 3 of this Act to section 180 of the Election Act;

(d) the amendments made by section 5 of this Act to section 182 of the Election Act;

(e) the amendments made by section 8 of this Act to section 186 of the Election Act;

(f) the amendments made by section 9 of this Act to add sections 186.01 and 186.02 to the Election Act;

(g) the amendment made by section 10 of this Act to section 187 of the Election Act;

(h) the amendments made by section 12 of this Act to section 190 of the Election Act;

(i) the amendments made by section 16 of this Act to section 207 of the Election Act;

(j) the amendments made by section 17 of this Act to sections 209, 210 and 211 of the Election Act;

(k) the amendment made by section 21 of this Act to add section 215.02 to the Election Act;

(l) the amendment made by section 31 of this Act to section 233.1 of the Election Act;

(m) the amendment made by section 39 of this Act to add section 240.01 to the Election Act;

(n) the amendments made by section 52 of this Act to Form 1 of the Schedule to the Election Act.

(2) For certainty, sections 54, 55, 56 and 58 of this Act apply to an election called after the date this section comes into force regardless of when the election is called.

SECTION 54: [Transition – loans and guarantees before this section comes into force] is self-explanatory.

Transition – loans and guarantees
before this section comes into force

54 (1) The amendments made by section 4 of this Act to section 181 of the Election Act do not apply to loans, or guarantees for loans, made or accepted before the date this section comes into force, and section 181 of the Election Act as it read immediately before the coming into force of this Act continues to apply to loans, or guarantees for loans, made or accepted before the date this section comes into force.

(2) Section 235.03 of the Election Act does not apply to loans, or guarantees for loans, made or accepted before the date this section comes into force.

SECTION 55: [Transition – fundraising functions] is self-explanatory.

Transition – fundraising functions

55 (1) The amendments made by section 5 of this Act to section 182 of the Election Act do not apply to fundraising functions that are publicly announced or publicly advertised before the date this section come into force, and section 182 of the Election Act as it read immediately before the coming into force of this Act continues to apply to fundraising functions publicly announced or publicly advertised before the date this section comes into force.

(2) Section 235.04 of the Election Act does not apply to fundraising functions that are publicly announced or publicly advertised before the date this section comes into force.

SECTION 56: [Transition – political contributions accepted before this section comes into force] is self-explanatory.

Transition – political contributions accepted
before this section comes into force

56 (1) The amendments made by section 8 of this Act to section 186 of the Election Act do not apply to political contributions accepted before the date this section comes into force, and section 186 of the Election Act as it read immediately before the coming into force of this Act continues to apply to political contributions accepted before the date this section comes into force.

(2) Sections 186.01 and 186.02 of the Election Act do not apply to political contributions accepted before the date this section comes into force.

(3) The amendments made by section 10 of this Act to section 187 of the Election Act do not apply to political contributions accepted before the date this section comes into force, and section 187 of the Election Act as it read immediately before the coming into force of this Act continues to apply to political contributions accepted before the date this section comes into force.

(4) The amendments made by section 12 of this Act to section 190 of the Election Act do not apply to political contributions accepted before the date this section comes into force, and section 190 of the Election Act as it read immediately before the coming into force of this Act continues to apply to political contributions accepted before the date this section comes into force.

SECTION 57: [Transition – disclosure reporting of political contributions before this section comes into force] is self-explanatory.

Transition – disclosure reporting of political contributions
before this section comes into force

"disclosure reporting transition period" means the period beginning on January 1 of the year this section comes into force and ending immediately before the date this section comes into force;

"received", in relation to a political contribution of money, means the deposit of the money into an account in a savings institution.

(2) Political contributions received during the disclosure reporting transition period must be included in determining the following amounts, as applicable, for the purposes of Part 10 of the Election Act:

(3) The requirement to file disclosure reports under Part 10 of the Election Act does not apply in respect of political contributions received during the disclosure reporting transition period.

SECTION 58: [Transition – sponsorship contributions before this section comes into force] is self-explanatory.

Transition – sponsorship contributions
before this section comes into force

58 (1) Sponsorship contributions accepted before the date this section comes into force must be included in determining the amount of $10 000 under section 229.01 (1) of the Election Act.

(2) Section 235.05 (1) of the Election Act does not apply to contributions accepted before the date this section comes into force and instead subsection (3) of this section applies.

(3) A contributor may provide a contributor confirmation and contributor consent in relation to contributions made on or before the date that is 24 months before the date this section comes into force.

Commencement

59 The provisions of this Act referred to in column 1 of the following table come into force as set out in column 2 of the table:

Explanatory Notes