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Canadian Provinces-- 2012 FDA Electoral Finance Audit Report
Canadian Provinces-- 2012 FDA Electoral Finance Audit Report
Canadian Provinces-- 2012 FDA Electoral Finance Audit Report
Canadian Provinces-- 2012 FDA Electoral Finance Audit Report
Canadian Provinces-- 2012 FDA Electoral Finance Audit Report
Canadian Provinces-- 2012 FDA Electoral Finance Audit Report
Canadian Provinces-- 2012 FDA Electoral Finance Audit Report
Canadian Provinces-- 2012 FDA Electoral Finance Audit Report
Canadian Provinces-- 2012 FDA Electoral Finance Audit Report
Canadian Provinces-- 2012 FDA Electoral Finance Audit Report
Canadian Provinces-- 2012 FDA Electoral Finance Audit Report
Canadian Provinces-- 2012 FDA Electoral Finance Audit Report
Canadian Provinces-- 2012 FDA Electoral Finance Audit Report
Canadian Provinces-- 2012 FDA Electoral Finance Audit Report
Canadian Provinces-- 2012 FDA Electoral Finance Audit Report
Canadian Provinces-- 2012 FDA Electoral Finance Audit Report
Canadian Provinces-- 2012 FDA Electoral Finance Audit Report
Canadian Provinces-- 2012 FDA Electoral Finance Audit Report
Canadian Provinces-- 2012 FDA Electoral Finance Audit Report
Canadian Provinces-- 2012 FDA Electoral Finance Audit Report
Canadian Provinces-- 2012 FDA Electoral Finance Audit Report
Canadian Provinces-- 2012 FDA Electoral Finance Audit Report
Canadian Provinces-- 2012 FDA Electoral Finance Audit Report
Canadian Provinces-- 2012 FDA Electoral Finance Audit Report
Canadian Provinces-- 2012 FDA Electoral Finance Audit Report
Canadian Provinces-- 2012 FDA Electoral Finance Audit Report
Canadian Provinces-- 2012 FDA Electoral Finance Audit Report
Canadian Provinces-- 2012 FDA Electoral Finance Audit Report
Canadian Provinces-- 2012 FDA Electoral Finance Audit Report
Canadian Provinces-- 2012 FDA Electoral Finance Audit Report
Canadian Provinces-- 2012 FDA Electoral Finance Audit Report
Canadian Provinces-- 2012 FDA Electoral Finance Audit Report
Canadian Provinces-- 2012 FDA Electoral Finance Audit Report
Canadian Provinces-- 2012 FDA Electoral Finance Audit Report
Canadian Provinces-- 2012 FDA Electoral Finance Audit Report
Canadian Provinces-- 2012 FDA Electoral Finance Audit Report
Canadian Provinces-- 2012 FDA Electoral Finance Audit Report
Canadian Provinces-- 2012 FDA Electoral Finance Audit Report
Canadian Provinces-- 2012 FDA Electoral Finance Audit Report
Canadian Provinces-- 2012 FDA Electoral Finance Audit Report
Canadian Provinces-- 2012 FDA Electoral Finance Audit Report
Canadian Provinces-- 2012 FDA Electoral Finance Audit Report
Canadian Provinces-- 2012 FDA Electoral Finance Audit Report
Canadian Provinces-- 2012 FDA Electoral Finance Audit Report
Canadian Provinces-- 2012 FDA Electoral Finance Audit Report
Canadian Provinces-- 2012 FDA Electoral Finance Audit Report
Canadian Provinces-- 2012 FDA Electoral Finance Audit Report
Canadian Provinces-- 2012 FDA Electoral Finance Audit Report
Canadian Provinces-- 2012 FDA Electoral Finance Audit Report
Canadian Provinces-- 2012 FDA Electoral Finance Audit Report
Canadian Provinces-- 2012 FDA Electoral Finance Audit Report
Canadian Provinces-- 2012 FDA Electoral Finance Audit Report
Canadian Provinces-- 2012 FDA Electoral Finance Audit Report
Canadian Provinces-- 2012 FDA Electoral Finance Audit Report
Canadian Provinces-- 2012 FDA Electoral Finance Audit Report
Canadian Provinces-- 2012 FDA Electoral Finance Audit Report
Canadian Provinces-- 2012 FDA Electoral Finance Audit Report
Canadian Provinces-- 2012 FDA Electoral Finance Audit Report
Canadian Provinces-- 2012 FDA Electoral Finance Audit Report
Canadian Provinces-- 2012 FDA Electoral Finance Audit Report
Canadian Provinces-- 2012 FDA Electoral Finance Audit Report
Canadian Provinces-- 2012 FDA Electoral Finance Audit Report
Canadian Provinces-- 2012 FDA Electoral Finance Audit Report
Canadian Provinces-- 2012 FDA Electoral Finance Audit Report
Canadian Provinces-- 2012 FDA Electoral Finance Audit Report
Canadian Provinces-- 2012 FDA Electoral Finance Audit Report
Canadian Provinces-- 2012 FDA Electoral Finance Audit Report
Canadian Provinces-- 2012 FDA Electoral Finance Audit Report
Canadian Provinces-- 2012 FDA Electoral Finance Audit Report
Canadian Provinces-- 2012 FDA Electoral Finance Audit Report
Canadian Provinces-- 2012 FDA Electoral Finance Audit Report
Canadian Provinces-- 2012 FDA Electoral Finance Audit Report
Canadian Provinces-- 2012 FDA Electoral Finance Audit Report
Canadian Provinces-- 2012 FDA Electoral Finance Audit Report
Canadian Provinces-- 2012 FDA Electoral Finance Audit Report
Canadian Provinces-- 2012 FDA Electoral Finance Audit Report
Canadian Provinces-- 2012 FDA Electoral Finance Audit Report
Canadian Provinces-- 2012 FDA Electoral Finance Audit Report
Canadian Provinces-- 2012 FDA Electoral Finance Audit Report
Canadian Provinces-- 2012 FDA Electoral Finance Audit Report
Canadian Provinces-- 2012 FDA Electoral Finance Audit Report
Canadian Provinces-- 2012 FDA Electoral Finance Audit Report
Canadian Provinces-- 2012 FDA Electoral Finance Audit Report
Canadian Provinces-- 2012 FDA Electoral Finance Audit Report
Canadian Provinces-- 2012 FDA Electoral Finance Audit Report
Canadian Provinces-- 2012 FDA Electoral Finance Audit Report
Canadian Provinces-- 2012 FDA Electoral Finance Audit Report
Canadian Provinces-- 2012 FDA Electoral Finance Audit Report
Canadian Provinces-- 2012 FDA Electoral Finance Audit Report
Canadian Provinces-- 2012 FDA Electoral Finance Audit Report
Canadian Provinces-- 2012 FDA Electoral Finance Audit Report
Canadian Provinces-- 2012 FDA Electoral Finance Audit Report
Canadian Provinces-- 2012 FDA Electoral Finance Audit Report
Canadian Provinces-- 2012 FDA Electoral Finance Audit Report
Canadian Provinces-- 2012 FDA Electoral Finance Audit Report
Canadian Provinces-- 2012 FDA Electoral Finance Audit Report
Canadian Provinces-- 2012 FDA Electoral Finance Audit Report
Canadian Provinces-- 2012 FDA Electoral Finance Audit Report
Canadian Provinces-- 2012 FDA Electoral Finance Audit Report
Canadian Provinces-- 2012 FDA Electoral Finance Audit Report
Canadian Provinces-- 2012 FDA Electoral Finance Audit Report
Canadian Provinces-- 2012 FDA Electoral Finance Audit Report
Canadian Provinces-- 2012 FDA Electoral Finance Audit Report
Canadian Provinces-- 2012 FDA Electoral Finance Audit Report
Canadian Provinces-- 2012 FDA Electoral Finance Audit Report
Canadian Provinces-- 2012 FDA Electoral Finance Audit Report
Canadian Provinces-- 2012 FDA Electoral Finance Audit Report
Canadian Provinces-- 2012 FDA Electoral Finance Audit Report
Canadian Provinces-- 2012 FDA Electoral Finance Audit Report
Canadian Provinces-- 2012 FDA Electoral Finance Audit Report
Canadian Provinces-- 2012 FDA Electoral Finance Audit Report
Canadian Provinces-- 2012 FDA Electoral Finance Audit Report
Canadian Provinces-- 2012 FDA Electoral Finance Audit Report
Canadian Provinces-- 2012 FDA Electoral Finance Audit Report
Canadian Provinces-- 2012 FDA Electoral Finance Audit Report
Canadian Provinces-- 2012 FDA Electoral Finance Audit Report
Canadian Provinces-- 2012 FDA Electoral Finance Audit Report
Canadian Provinces-- 2012 FDA Electoral Finance Audit Report
Canadian Provinces-- 2012 FDA Electoral Finance Audit Report
Canadian Provinces-- 2012 FDA Electoral Finance Audit Report
Canadian Provinces-- 2012 FDA Electoral Finance Audit Report
Canadian Provinces-- 2012 FDA Electoral Finance Audit Report
Canadian Provinces-- 2012 FDA Electoral Finance Audit Report
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Canadian Provinces-- 2012 FDA Electoral Finance Audit Report

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The FDA audit entails a comprehensive audit of the electoral finance legislation of Canada's 10 provinces. The audit is restricted to capturing systematic corruption. The FDA measured exceptional …

The FDA audit entails a comprehensive audit of the electoral finance legislation of Canada's 10 provinces. The audit is restricted to capturing systematic corruption. The FDA measured exceptional legislation in Québec and Manitoba, very good in Nova Scotia, acceptable in New Brunswick, unacceptable (passing) in Ontario and Newfoundland and Labrador, and unacceptable (failing) in Alberta, British Columbia, Prince Edward Island, and Saskatchewan. The FDA believes that the legislation from Alberta, British Columbia, Prince Edward Island, and Saskatchewan is systematically corrupt by favouring minority/special interests over the interests of the people. The FDA identified major deficiencies in many areas of these provinces' legislation including the addition of corporations and trade unions in electoral contributions, high caps on contributions, no expenditure limits, public subsidies which favor large, established parties, no regulation of third party expenditure, and/or low fines on corporations and trade unions for electoral wrongdoing. In contrast, FDA auditors measured zero deficiency in Québec's legislation. This measurement means that Québec's legislation is working completely in the interests of the people of Québec. The FDA recommends that the rest of Canada's provinces model their legislation after Québec's.

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  • 1. 2012 FDA Global Electoral Finance Audit of Canada’s 10 ProvincesThe FDA audit entailed a comprehensive audit of the electoral finance legislation ofCanadas 10 provinces. The audit is restricted to capturing systematic corruption. The FDAmeasured exceptional legislation in Québec and Manitoba, very good in Nova Scotia,acceptable in New Brunswick, unacceptable (passing) in Ontario and Newfoundland andLabrador, and unacceptable (failing) in Alberta, British Columbia, Prince Edward Island, andSaskatchewan. The FDA believes that the legislation from Alberta, British Columbia, PrinceEdward Island, and Saskatchewan is systematically corrupt by favouring minority/specialinterests over the interests of the people. The FDA identified major deficiencies in manyareas of these provinces legislation including the addition of corporations and trade unionsin electoral contributions, high caps on contributions, no expenditure limits, public subsidieswhich favor large, established parties, no regulation of third party expenditure, and/or lowfines on corporations and trade unions for electoral wrongdoing. In contrast, FDA auditorsmeasured zero deficiency in Québecs legislation. This measurement means that Québecslegislation is working completely in the interests of the people of Québec. The FDArecommends that the rest of Canadas provinces model their legislation after Québecs. Electoral Fairness Audit Completed April 10, 2012 Updated April 13, 2012
  • 2. Prepared by Mr. Stephen Garvey, Bachelor of Arts in Political Science, University of British Columbiaand Master of Philosophy in Environment and Development, University of Cambridge.Purpose of the Canadian Provinces Electoral Finance Audit:The purpose of the Foundation for Democratic Advancement (FDA)’s electoral finance audit (theAudit) is to determine a comprehensive grade for electoral finance in Canada at the provinciallegislative level of government. This Audit is an extension of the FDA’s global audit of electoralfairness involving all countries that hold political elections. The purpose of the global audit is toquantify electoral fairness, establish benchmarks for electoral fairness, identify areas of democraticadvancement and progression, and encourage democracy reform where needed.The goal of the FDAs provincial report is to give the people of Canada and other stakeholders aninformed, objective, comparative perspective of the Canadas provincial electoral systems and providerecommendations for reform of the systems where needed. Canadians may want to use this informationas a way to help determine their electoral choices in upcoming provincial elections. The release of theFDA province report just prior to the 2012 Alberta Election coincides with this initiative.The views in this electoral finance audit are the views of the FDA only. The FDA’s members are in noway affiliated with any of the provinces election administrators or any of the provinces registered/non-registered political parties. The Audit is an independent assessment based on objectivity, transparencyand non-partisanship. The FDA assumes no responsibility or liability for any errors in the measurementand calculation of its audit results or inaccuracies in its research of relevant provincial legislation.About the Foundation for Democratic Advancement:The Foundation for Democratic Advancement is a non-partisan and independent democracy reform andadvocacy organization. The FDAs reforms center on increasing the voice of people in constituencies.Members of the FDA embrace the following principles: progress, innovation, objectivity, andtransparency. The FDAs mission is to advance fair and transparent democratic processes whereverelections occur, thereby bringing the people to the forefront democratic discourse. (For moreinformation on the FDA visit: www.democracychange.org)© 2012, Foundation for Democratic AdvancementAll rights reserved.Foundation for Democratic Advancement728 Northmount Drive NWP.O. Box 94, Calgary, Alberta,Canada, T2K 1P0An online version of this report can be found at: www.democracychange.orgFor further information and/or comments please contact the FDA at info@democracychange.org
  • 3. Table of Contents:Introduction 5Chapter 1: Electoral Finance 6Introduction 6AlbertaAudit Results 7Analysis 13British ColumbiaAudit Results 14Analysis 19ManitobaAudit Results 20Analysis 26New BrunswickAudit Results 27Analysis 33Newfoundland and LabradorAudit Results 34Analysis 38Nova ScotiaAudit Results 39Analysis 44OntarioAudit Results 45Analysis 50Prince Edward IslandAudit Results 51Analysis 55QuébecAudit Results 56Analysis 64
  • 4. SaskatchewanAudit Results 65Analysis 70Overall Audit Results 71Analysis 72Conclusion 78Recommendations 80References 81Key Definitions 83Research Methodology 85Appendix 1: Provincial Legislation Excerpts 89Alberta 89British Columbia 96Manitoba 99New Brunswick 102Newfoundland and Labrador 104Nova Scotia 107Ontario 112Prince Edward Island 115Québec 117Saskatchewan 120FDA Audit Team and Associates 123
  • 5. Introduction:The FDA audit of the Canadian provinces electoral finance legislation is based on non-partisanship and objectivity.The audit process entails three major components: 1. Research of the provinces electoral legislation. 2. Audit of the legislation based on audit team consensus, and FDA matrices and scoring scales. 3. Analysis of findings.The value of scores in the FDA matrices are based on fundamental democratic principles oflegislative neutrality, political freedom, and political fairness, and the comparative impact ofvariables on democracy. For example, if there is no electoral finance transparency then this resultwill impact other sections such as the legislative process, because without financial transparency,it will be difficult to enforce electoral finance laws and prevent and discover electoral financewrongdoing. Consequently, according to the FDA scoring system, zero financial transparencywill result in a zero score for legislative process as well.The FDA research component is objective, because it is simply a compilation of the samelegislative and financial data for each province.The FDA audit component is both objective and subjective. It is objective when determining yesand no facts, such as does Province A have caps on electoral contributions—yes or no? It issubjective because of the predetermined scores for each audit section, and the scores given foreach section. The FDA acknowledges that there is no absolute scoring system.The FDA minimizes subjectivity through non-partisanship, the predetermination of scores basedon consensus of FDA auditors, the application of core democratic concepts such as the neutralityof electoral legislation, political freedom, and political fairness, and the valuation of thecomparative impact of variables on democracy. In addition, the FDA has a minimum quorum offive experienced auditors during audit sessions. For further discussion of the FDA methodologyplease see the Research Methodology chapter on page 85. Foundation for Democratic Advancement | 2012 FDA Canadian Provinces Report 5
  • 6. Electoral FinanceThis Chapter will focus on the FDA research and audit results of provincial electoral financelaws with respect to the electoral fairness.Chapter Summary: The FDA measured exceptional electoral finance legislation for Québec andManitoba, very good for Nova Scotia, acceptable for New Brunswick, unacceptable (passing) forOntario and Newfoundland and Labrador, and unacceptable (failing) for Alberta, BritishColumbia, Prince Edward Island, and Saskatchewan. The FDA believe that electoral financelegislation in Alberta, British Columbia, Prince Edward Island, and Saskatchewan issystematically corrupt by favouring minority or special interests over the interests of the people.The main deficient areas of these provinces are the inclusion of corporations and trade unions inelectoral contributions, high caps on contributions, no campaign expenditure limits, lows fineson corporations and trade unions, and/or no regulation of third party expenditures. Québec,having garnered the highest score attainable, provides model legislation for the rest of theprovinces. The FDA auditors found zero deficiency with Québecs legislation, which means it isworking completely in the interests of the people of Québec.Introduction:This chapter focuses on the Canadian provinces electoral finance laws and the FDAs audit ofthem in terms of electoral fairness. Based on the political concepts of egalitarianism and politicalliberalism, the FDA team audits electoral finance laws according to their equity for registeredcandidates and parties, and equity for voters (see Definition of Key Terms and ResearchMethodology chapter for further explanation). Also, based on the concepts of one person, onevote and government of the people, by the people, and for the people, the FDA auditors assumethat a peoples representative democracy will disallow corporations and unions from makingelectoral contributions and spending as third parties, because corporations and unions are notpeople. The FDA does not associate electoral expenditures directly with free speech, nor does theFDA believe that freedom alone facilitates an optimal peoples representative democracy. TheFDA believes that legislation must strike a balance between freedom and equality in order toprevent the most powerful economical and political players from dominating the political processand to reflect the will of the majority in government. The FDA team audits from the standpointof a peoples representative democracy.Further, the audit only captures systematic corruption as opposed to other forms of corruptionsuch as quid pro quo (something for something) and venal (bribery). The FDA defines systematiccorruption as legislated public processes that favour minority/special interests over the interestsof the majority. The FDA acknowledges that any system no matter how ideally formulated maybe subject to corruption through human misconduct. Foundation for Democratic Advancement | 2012 FDA Canadian Provinces Report 6
  • 7. The FDA electoral finance audit focuses on the following sections: 1. electoral finance transparency; 2. contributions to candidates and parties; 3. caps on contributions to candidates and parties; 4. campaign expenditure limits; 5. caps on third party spending; 6. legislative process.The FDA chose these sections because they represent core areas of electoral finance. Based onthe concept of political liberalism (as defined in Research Methodology chapter), electoralfinance transparency is weighted the highest due to its importance in preventing corruption andfraud, and informing the public on the sources of candidate and party funds. The FDA audit ofelectoral finance includes research of provincial electoral finance legislation and the applicationof the research to the FDA matrices. An overall value between 0 and 10 out of 10 determinesmatrix scores.What follows are the audit results for each section and sub-section of the provinces electoralfinance legislation. It shows the matrix question, the individual audit scores, and the researchfindings.Alberta:Electoral Finance TransparencyAre candidate and party finances transparent to the public? 2.0 out of 2.0 Legislative Process: The Chief Electoral Officer may examine all financial statements and affairs of all political candidates, election campaigns and registered third parties (Election Finances and Contributions Disclosure Act, Article 4). All records must be maintained for a period of at least three years (Election Finances and Contributions Disclosure Act, Article 10.1). All documents filed with the Chief Electoral Officer are public records and available upon request during normal business hours (Election Finances and Contributions Disclosure Act, Article 11). Any campaign funds not used are held in trust, to be used during the next election. Foundation for Democratic Advancement | 2012 FDA Canadian Provinces Report 7
  • 8. These funds may be transferred to the registered party that supported the candidates bid for election in the previous election. If the candidate is not nominated for the following election, he is to transfer these funds to the registered party or candidates that supported his bid in the previous election. If funds cannot be transferred, they are transferred to the Crown (Election Finances and Contributions Disclosure Act, Article 12). All contributions must be deposited in the account registered with the Chief Electoral Officer (Election Finances and Contributions Disclosure Act, Article 14). Every candidate, constituency association and political party must have a chief financial officer who is not eligible for election and is appointed prior to the party registering with the Chief Electoral Officer. Contributions may only be accepted by the chief financial officer or another person who is deemed authorized to accept contributions, according to the records of the Chief Electoral Officer (Election Finances and Contributions Disclosure Act, Article 29, 31). A third party must register if it has or plans to incur expenses of $1,000 or more, or makes advertising contributions of $1,000 or more (Election Finances and Contributions Disclosure Act, Article 9.1).Contributions to Candidates and PartiesAre contributions restricted to citizens?Are contributions disallowed by foreigners, public institutions, and charities?Are anonymous contributions set at a reasonable level? 0 out of 0.5 0.5 out of 0.5 0.5 out of 0.5 Research Findings: No Party or Candidate may accept contributions unless they are registered. Requirements: must be non-profit, funds must be deposited within a financial institution in a registered account, must file a report of contributions and expenditures at the end of each tax year (before April 1) (Election Finances and Contributions Disclosure Act, Article 6). No contributions to registered parties, constituency associations, and candidates from non-Alberta corporations and trade unions, public post-secondary institutions, prohibited corporations, school boards, Métis settlements, municipalities, and provincial corporations (Election Finances and Contributions Disclosure Act, Definition of prohibited corporation). Foundation for Democratic Advancement | 2012 FDA Canadian Provinces Report 8
  • 9. No contribution of funds may be made if said funds do not belong to the contributor or originate out of province. During a campaign period, a provincial party may accept a maximum $150 per candidate from a registered federal political party (Election Finances and Contributions Disclosure Act, Articles 34, 35, 36). Anonymous contributions are not allowed in excess of $50. Those in excess must be returned to the contributor. If this cannot happen, it must be paid into the general revenue fund through the Chief Electoral Officer (Election Finances and Contributions Disclosure Act, Article 21.1).Caps on Contributions to Candidates and PartiesAre there caps on contributions to candidates and parties?Are the caps on candidates and parties contributions reflective of mean total income?Are there caps on contributions by candidates to their own campaigns?Are the caps on candidates own contributions reflective of mean total income? 0.25 out of 0.25 0.0811 out of 1.0 0.25 out of 0.25 0.5 out of 0.5 Research Findings: Albertas 2009 mean total income is $35,250 (Statistics Canada, 2011). In any year contributions may not exceed $15,000 for a registered party and $1,000 for a registered constituency association (only during a campaign period) and $5,000 in aggregate for registered constituency associations of each registered party (Election Finances and Contributions Disclosure Act, Article 17). In any campaign period, contributions may not exceed $30,000 to registered parties less any contributions made that calendar year, and $2,000 to any registered candidates (only during a campaign period) and $10,000 in the aggregate to registered candidates of each registered party (Election Finances and Contributions Disclosure Act, Article 17). Contributions to a candidate may only be made during an election period (Election Finances and Contributions Disclosure Act, Article 17). No party or candidate may knowingly accept contributions greater than these limits (Election Finances and Contributions Disclosure Act, Article 19). Goods, services or gifts that do not exceed $50 are not considered contributions, and are Foundation for Democratic Advancement | 2012 FDA Canadian Provinces Report 9
  • 10. not to be transferred, but are recorded under the gross amount (Election Finances and Contributions Disclosure Act, Article 12). Contributions other than money must be valued at market value at the time of the election (Election Finances and Contributions Disclosure Act, Article 44.31). The unanimous decision of the FDA audit team is that 10% of personal mean income is a reasonable limit to contribute to candidates and parties. 10% of average income is $3,525. The maximum contribution is $40,000. 3525/40000 = .0881 0.0881 out of 1.0 (FDA Audit Team, 2012). Registered candidates own contributions to their own campaigns are subject to the contribution limits to registered candidates ($2,000 limit) (Election Finances and Contributions Disclosure Act, Article 17). Based on the 2009 Alberta mean total income of $35,250 (Statistics Canada, 2011), the FDA auditors think that $2,000 is a reasonable limit on contributions by candidates to their own campaigns. The FDA auditors believe that candidates would likely be more willing to contribute to their own campaigns than to others, and that if candidates did not have personal financial resources to cover the $2,000 limit, they have the opportunity to raise electoral monies through contributions from citizens and corporations and fund raising events. Further, a $2,000 difference in campaign contributions by candidates, for example, will likely not determine the election results for a particular constituency (FDA Audit Team, 2012).Campaign Expenditure LimitsAre there campaign expenditure limits on candidates and parties?Are there public subsidies or other financial instruments for candidates and parties? 0 out of 0.5 0 out of 0.25 Research Findings: There are no electoral expenditure limits on registered candidates and parties (FDA researchers could find no Alberta legislation that placed direct limits on electoral Foundation for Democratic Advancement | 2012 FDA Canadian Provinces Report 10
  • 11. expenditures). In contrast, the Canadian federal electoral system has candidate expenditure limits on each constituency based on location and size of population, and expenditures limits on political parties based on the number of candidates endorsed by each party (FDA Electoral Fairness Audit of Canada, Electoral Finance, 2011). FDA researchers could find no legislation on public subsidies, ergo, conclude that there are no provincial subsidies of candidates, parties, or third parties.Caps on Third Party SpendingAre there caps on third party spending?If there is third party spending, is it restricted to citizens only?If there are caps on third party spending, are they attainable, reasonably, by all adult citizens?Are there public subsidies or other financial instruments that create an equal level of third partyspending? 0.25 out of 0.25 0 out of 0.5 0.0294 out of 0.25 0 out of 0.25 Research Findings: Albertas 2009 mean total income is $35,250 (Statistics Canada, 2011). Third party expenditure is limited to $15,000 in one calendar year and $30,000 in year of an election less any expenditure made that year (Election Finances and Contributions Disclosure Act, Article 44.2(3)). Those who may not register as a third party are: individuals that are not permanent residents of Alberta; corporations that do not carry out business in Alberta; registered charities; prohibited corporations; and trade unions or organized labor groups not defined by the Election Finances and Contributions Disclosure Act (Election Finances and Contributions Disclosure Act, Article 9.1). No advertising contribution may be made or used unless it is by someone registered as a third party and subject to the same limits (Election Finances and Contributions Disclosure Act, Article 44.2). The FDA assumes that all corporations and unions can afford the $30,000 expenditure. $30,000 limit on third party expenditure in election year. Foundation for Democratic Advancement | 2012 FDA Canadian Provinces Report 11
  • 12. 10% of income equals 3,525. 3525/30000 = .1175 0.1175 out of .25 (max score) = 0.0294 (FDA Audit Team, 2012). There are no provincial subsidies of candidates and parties, and third parties (FDA researchers could find no legislation on public subsidies).Legislative ProcessIs legislative process to enforce the electoral finance laws?Is there an effective legislative process to enforce electoral finance laws? 0.25 out of 0.25 0.15 out of 0.75 Research Findings: Alberta has comprehensive laws and regulations for the enforcement of the Alberta Election Act. There are established fines and persecution through the Provincial Courts that covers both offenses and violations to the Election Act and electoral corruption. However, the Chief Electoral Officer is only person who has the power to proceed with prosecution under the Election Act (Election Act, Articles 154-184). The maximum fine for contraventions for registered parties is $10,000 and $1,000 for registered candidates and constituency associations. The maximum fine for a general offence is $10,000 for corporations and trade unions, and $1,000 for individuals. Maximum fines for third party advertising violations are $10,000 for an individual and $100,000 for corporations and unions. There are no prison sentences for electoral infractions in Alberta. (Election Finances and Contributions Disclosure Act, Articles 45- 53). Based on low general fines of $10,000 for corporations (except for third party fines), low fines for registered candidates and individuals, and no prison sentences, the FDA auditors determine a 20% score. (The FDA auditors assume that a fine $200,000 and/or 1 or more years imprisonment is effective against corporations, and $5,000 fine and/or 1 or more years imprisonment is effective against individuals). 20% of .75 = .15 Foundation for Democratic Advancement | 2012 FDA Canadian Provinces Report 12
  • 13. The Court may order parties to bear their own costs for an appeal and/or recount. Depending on the situation, costs may be paid by the Crown in right of Alberta (Election Act, Article 148.1). Finances Act does not apply to leadership conventions within political parties (Election Finances and Contributions Disclosure Act, Article 2). Finances Act does not apply to leadership conventions within political parties (Election Finances and Contributions Disclosure Act, Article 2).Total score for the electoral fairness of electoral finance: 47.7 percent out of 100 percent.Analysis:Based on the FDA scoring scale (see the Conclusion chapter), Alberta is in the failing zone forfairness of electoral finance legislation. The scores reflect systematic corruption in Alberta’selectoral finance legislation. Systematic corruption refers to legislated public processes thatfavour minority interests over the interests of people as a whole.Barring electoral finance transparency and reasonable caps on contributions to candidates,Alberta’s electoral finance legislation favours the wealthy segments in society. The inclusion ofcorporations and trade unions in electoral contributions and third party spending, high caps oncontributions to parties, no campaign expenditure limits, high third party expenditure limits, andineffective penalties against corporations and trade unions is evidence of this fact.Québec, which attained a 100 percent score for electoral finance legislation, provides an exampleand model of electoral finance legislation that reflects the interests of people as a whole. InQuébec, unlike Alberta, contributions and third party expenditure is limited to the electorate, theCourt imposes effective fines for corporate contraventions, and there are reasonable caps oncontributions and expenditures for parties and candidates. Foundation for Democratic Advancement | 2012 FDA Canadian Provinces Report 13
  • 14. British Columbia:Electoral finance transparencyAre candidate and party finances transparent to the public?Are candidate and party finances only transparent to candidate and parties and not the public?Are candidate and party finances only transparent to the government? 2.0 out of 2.0 Legislative Process: Parties and constituency organizations must register to incur election expenses (Election Act, Article 154). Donations of money and the value of goods and services to parties and constituency associations, as well as to candidates, leadership contestants and nomination contestants where it is to be used for their campaign, are considered contributions (Election Act, Article 180). Loans that are write-offs, forgiven, or unpaid six months past their due date without legal action by the creditor are considered contributions. In the case of loans given at less than the prime rate of interest, the difference between the interest charged and that expected by the prime rate is considered a contribution (Election Act, Article 181). Election expenses include expenses used to promote or oppose, through direct or indirect means, the election of a candidate or a party. This includes expenses used for this purpose prior to becoming a candidate and any deficit incurred from a fundraising function. Election expenses are nomination expenses in excess of 10% of total election expenses. Nomination expenses less than this amount and personal election expenses, such as family care, travel and lodging costs or disability expenses, are not considered election expenses (Election Act, Article 183). Registered political parties, constituency associations, candidates and leadership contestants must have a financial agent. Financial agents can serve more than one individual or group (Election Act, Article 175). The financial agent must maintain records of all contributions, expenses and loans incurred by the individual or group they represent for five years. The financial agent must also document the particulars of expenditures greater than $25 and ensure that an appropriate financial institution handles all money received or spent by the person or organization (Election Act, Article 177). All registered parties, registered constituency associations and candidates must appoint an auditor. Auditors may serve more than one individual or group (Election Act, 179). Foundation for Democratic Advancement | 2012 FDA Canadian Provinces Report 14
  • 15. The financial agent must record a contributions value, date of contribution, contributor name, address and classification. For those donating more than $250 the record must indicate contributor names, classification, and date and amount of the contribution. For anonymous contributions, the agent must report a description of the function at which they were collected, its date, the number of people in attendance, and the total anonymous amount accepted. For any other contributions, the total amount and number of contributors must be reported (Election Act, Articles 190 and 206). Financial agents must provide records for each candidate to their political party within 60 days of polling. They must also provide records for a constituency association to their party by February 15 of the following year (Election Act, Article 191). The chief financial officer for a party or constituency organization must file a financial report with the Chief Electoral Officer by March 31 regarding finances of the previous year for the parent organization and any subsidiary organizations. This report must include all of that years political contributions, assets, liabilities, receipts and loans. The report must also include contributions to one or more members of a party, its constituency associations and its candidates if the total is greater than $250 (Election Act, Articles 206 and 207). A candidate must provide a personal expenses report within 60 days of polling to a financial agent, provided the candidate is not acting as his or her own financial agent (Election Act, Article 208). A candidates financial agent must file a report with the Chief Electoral Officer within 90 days of the election. The report must contain election expenses, contributions, receipts and income, and is available for public viewing at the office of the Chief Electoral Officer during regular office hours for one year following the election (Election Act, Article 209). The financial agent of a party or constituency association must file a report for the party or constituency association, and any subsidiary organizations with the chief electoral officer within 90 days after the polling day. The report must detail the expenses, contributions, tax receipts etc. of a party, constituency association, and any subsidiary organizations incurred between December 31 of the previous year and the end of the campaign period (Election Act, Article 210). If the financial agent discovers that information disclosed in any report has changed or is inaccurate or incomplete, s/he he must file a supplementary report, subject to the same requirements as the report it supplements, with the Chief Electoral Officer within 30 days of discovery (Election Act, Article 212). For all reports required by the British Columbia Election Act, the auditor of the party, constituency association or candidate must make a report to their respective financial agent, using accepted auditing standards to ensure that the report follows typical accounting practices. The financial agent must grant the auditor access to financial records deemed necessary for their audit (Election Act, Article 214).Foundation for Democratic Advancement | 2012 FDA Canadian Provinces Report 15
  • 16. Following the election, the Chief Electoral Officer must publish a report summarizing political financing, including the information from election financing reports, election expenses limits, advertising disclosure reports, as well as a list of all individuals and groups who did not file the necessary reports, filed reports late, or exceeded election expenses limits (Election Act, Article 215). Independent sponsors incurring expenses greater than $500 during, or 60 days before, the election period, must file a report with the Chief Electoral Officer that outlines contributions, the value of advertising and the sponsors assets. The records are retained at the office of the Chief Electoral Officer for no less than five years and are available for public inspection during regular office hours (Election Act, Articles 244,245 and 250).Electoral contributions to candidates and partiesAre electoral contributions restricted to citizens?Are electoral contributions disallowed by foreigners, public institutions, and charities?Are anonymous electoral contributions set at a reasonable level? 0 out of 0.5 0 out of 0.5 0.5 out of 0.5Research Findings: British Columbias 2009 mean total income is $27,970 (Statistics Canada, 2011). Contributors can include individuals, corporations, unincorporated businesses, trade unions and non-profit organizations (Election Act, Article 190). Unregistered political parties, unregistered constituency associations, parties registered by the Canada Elections Act and charities cannot make political contributions. Contributions must be made from ones own funds. (Election Act, Articles 186 and 187). Anonymous contributions can only be collected as part of a fundraiser specifically related to the purpose of the group or individuals running it. Anonymous contributions are limited to $50 and may total no more than $10,000 for a party or $3,000 for a candidate in a calendar year (Election Act, Articles 186 and 188).Electoral caps on contributions to candidates and partiesAre there caps on contributions to candidates and parties?Are the caps on candidates and parties contributions reflective of mean total income?Are there caps on contributions by candidates to their own campaign?Are the caps on candidates own contributions reflective of mean total income? Foundation for Democratic Advancement | 2012 FDA Canadian Provinces Report 16
  • 17. 0 out of 0.25 n/a n/a n/aResearch Findings: British Columbias 2009 mean total income is $27,970 (Statistics Canada, 2011). Anonymous contributions can only be collected as part of a fundraiser specifically related to the purpose of the group or individuals running it. Anonymous contributions are limited to $50 and may total no more than $10,000 for a party or $3,000 for a candidate in a calendar year (Election Act, Articles 186 and 188). FDA researchers found no other caps on contributions.Campaign expenditureAre there campaign expenditure limits on candidates and parties?If there are campaign expenditure limits on candidates and parties, are they attainable,reasonably, by all registered candidates and parties?Are there public subsidies or other financial instruments for candidates and parties?If there are public subsidies or other financial instruments, do they create an equal level ofcampaign finances for candidates and parties? 0.5 out of 0.5 0.75 out of 1.0 n/a n/aResearch Findings: A candidate, party, constituency association, or any of these in cooperation with a third party must not incur expenses if they will result in exceeding the expense limit (Election Act, Article 196). For general elections and by-elections, the Chief Electoral Officer must adjust election expense limits in accordance with a consumer price index. S/he will publish these limits in the Gazette and inform the candidates, parties and constituency associations of the changes (Election Act, Article 204). For general elections, the total election expenses incurred by a registered political party Foundation for Democratic Advancement | 2012 FDA Canadian Provinces Report 17
  • 18. must not exceed $1.1 million for the 60 days prior to the campaign period and $4.4 million during the campaign period. If the campaign period is extended due to the death of a candidate, election expenses for that district are increased by $70,000 (Election Act, Article 198). For all elections, prior to and during a campaign, the total election expenses incurred by a candidate must not exceed $70,000. If the campaign period is extended due to the death of a candidate, and the new candidate is nominated prior to new election proceedings, the expenditure limit is $140,000. If the candidate is nominated after election proceedings, the expense limit is $70,000 (Election Act, Article 199). The FDA researchers found no public subsidizing of parties or candidates.Electoral caps on third partiesAre there caps on third party electoral spending?If there are caps on third party spending, are they restricted to citizens?If there are caps on third party spending, are they attainable, reasonably, by citizens?Are there public subsidies or other financial instruments that help create an equal level of thirdparty spending? 0.25 out of 0.25 0.0093 out of 0.5 n/a n/aResearch Findings: Third party spending by individuals or organizations on advertising for a general election may not exceed $3,000 for a single district, or $150,000 overall, for a single individual, group, or by a collective, for the period 60 days before the campaign period to the end of the campaign. For a by-election, spending may not exceed $3,000 (Election Act, Article 235.1) $150,000 maximum expenditure for third parties. 10% of income = $2,797. 2,797/150000 = 0.0186. 0.0186 out of .5 = 0.0093. The FDA researchers did not find public subsidizing measures for third parties. Foundation for Democratic Advancement | 2012 FDA Canadian Provinces Report 18
  • 19. Legislative processIs legislative process to enforce the electoral finance laws?Is there an effective legislative process to enforce electoral finance laws? 0.25 out of 0.25 0.45 out of 0.75Research Findings: The British Columbia Election Act outlines contraventions to the Act and the corresponding punishments, including fines as high as $20,000, two years imprisonment, or both, though usually a $10,000 fine, one years imprisonment or both (Election Act, Article 251-267). The FDA auditors assume that $200,000 is a minimum effective fine against corporations and trade unions, and $5,000 against individuals. The FDA auditors deducted 40% of the score for low fines against corporations and trade unions, in consideration of the high fines against individuals and lengthy prison sentences. 60% of .75 = 0.45Total score for the electoral fairness of electoral finance: 49.1 percent out of 100 percent.Analysis:Based on the FDA scoring scale (see Conclusion section), British Columbia received a failingscore for its electoral finance legislation, which means that British Columbias electoral financelegislation is systematically corrupt. Systematic corruption refers to legislated public processesthat favour minority interests over the interests of the majority.Despite electoral finance transparency and expenditure limits, British Columbia’s legislation isbiased. This is evident in the inclusion of corporations and trade unions in electoral contributionsand third party spending, no caps on contributions, no public subsidies to help create an equalplaying field for candidates and parties, high caps on third party expenditures, and low finesagainst corporations and trade unions for electoral misconduct.The FDA believes that British Columbia’s political establishment favours wealthy segments ofBritish Columbia and large, established political parties, and functions at the expense of BritishColumbians as a whole. Foundation for Democratic Advancement | 2012 FDA Canadian Provinces Report 19
  • 20. ManitobaElectoral finance transparencyAre candidate and party finances transparent to the public?Are candidate and party finances only transparent to candidate and parties and not the public?Are candidate and party finances only transparent to the government? 2.0 out of 2.0 n/a n/aResearch Findings: Registered parties are required to keep a designated bank account (Elections Finances Act, Article 10). The Chief Electoral Office can request financial information from registered parties, candidates, constituency associations, and third parties. They have 30 days to comply with the request (Elections Finances Act, Article 57 (2)). Registered parties and candidates, constituency association organizations, and third parties must preserve their financial records for at least 5 years from date of filing, and maybe longer if the Chief Electoral Officer requests an additional period (Elections Finances Act, Article 58). Within 3 months of the end of each year, registered parties must submit audited financial statements to the Chief Electoral Officer (Elections Finances Act, Article 59). Contributions to individuals must include record of contributors name and residential address, date received, amount, and name of person collecting or receiving it. For contributions over $100, the record must include the contributor’s signature (Elections Finances Act, Article 37.2(1)). Contributions to registered candidates, parties and constituency associations must include a record of the contributors name and residential address, date received, amount, and name of person collecting or receiving it. For contributions over $100, the record must include the contributor’s signature (Elections Finances Act, Article 37.3). All electoral financial documents, statements, reports, receipts, invoices etc. filed with the Chief Electoral Officers are public information, and the public may inspect and copy them (Elections Finances Act, Articles 70(1)-70(2)). Foundation for Democratic Advancement | 2012 FDA Canadian Provinces Report 20
  • 21. Electoral contributions to candidates and partiesAre electoral contributions restricted to citizens?Are electoral contributions disallowed by foreigners, public institutions, and charities?Are anonymous electoral contributions set at a reasonable level? 0.5 out of 0.5 0.5 out of 0.5 0.5 out of 0.5Research Findings: Only individuals who are normally residents of Manitoba can contribute (Elections Finances Act, Article 37.1(1)(a)). Only individuals who are normally residents of Manitoba can receive contributions from another individual (Elections Finances Act, Article 37.1(2)). Anonymous contributions cannot exceed $10 (Elections Finances Act, Article 42).Electoral caps on contributions to candidates and partiesAre there caps on contributions to candidates and parties?Are the caps on candidates and parties contributions reflective of mean total income?Are there caps on contributions by candidates to their own campaign?Are the caps on candidates own contributions reflective of mean total income? 0.25 out of 0.25 0.9493 out of 1.0 0.25 out of 0.25 0.5 out of 0.5Research Findings: Manitobas 2009 mean total income is $28,480 (Statistics Canada, 2011). In a year, an individual can make two contributions in kind with a market value of less than $20 to the same registered candidate, party, and constituency association and the law does not consider those donations contributions. Any subsequent donations in the same year the law does consider a contribution (Elections Finances Act, Article 40.1 (1)). Electoral law considers contributions in the form of goods and services at market value at the time of the donation (Elections Finances Act, Article 40 (1)). Foundation for Democratic Advancement | 2012 FDA Canadian Provinces Report 21
  • 22. In a year, individual contributions are limited to $3,000 to any combination of candidates, constituency associations, registered parties, and leadership contestant (after the leadership contest ends) (Elections Finances Act, Article 41(1.1)) Individuals cannot contribute more than $3,000 to one or more leadership contestants during a leadership contest period (Elections Finances Act, Article 41(1.1.1)). Individuals cannot contribute through monies received on behalf or from other individuals or organizations (Elections Finances Act, Article 41(1.2)). Electoral law considers loans to registered parties, candidates, and constituency associations a contribution if the interest rate is less than prime, with the contribution being the difference between rates (Elections Finances Act, Article 44.1(2)). Loans from an individual or organization to registered parties, candidates, and constituency associations are limited to $3,000 in a calendar year (Elections Finances Act, Article 44.1(3.2)). Maximum contribution is $3,000. 10% of mean income is $2,848. (The FDA auditors assume that income earners can spend reasonably 10% income on contributions.) 2948 of 3000 = 0.9493Campaign expenditureAre there campaign expenditure limits on candidates and parties?If there are campaign expenditure limits on candidates and parties, are they attainable,reasonably, by all registered candidates and parties?Are there public subsidies or other financial instruments for candidates and parties?If there are public subsidies or other financial instruments, do they create an equal level ofcampaign finances for candidates and parties? 0.5 out of 0.5 1.0 out of 1.0 0.25 out of 0.25 0.5 out of 0.5Research Findings: In 2010, Manitobas per capita income for individuals is $29,840 (Manitoba Bureau of Foundation for Democratic Advancement | 2012 FDA Canadian Provinces Report 22
  • 23. Statistics, 2011); in 2007, the top 20% of earners had 8.1 times more income than the bottom 20% of earners (Statistics Canada, 2011). Registered parties during a general election cannot have electoral expenses that exceed $1.79 times the number electors on the voting lists in which the party endorses candidates (Elections Law, Article 50(1)(a)). Registered parties during a by-election cannot have electoral expenses that exceed $3.22 times the number electors on the voting lists (Elections Law, Article 50(1)(b)). In an area of less than 30,000 square miles, registered candidates election expenses cannot exceed $2.72 times the number names on the voter lists for the electoral divisions (Elections Finances Act, Article 51(1)(a)). In an area of greater than 30,000 square miles, registered candidates election expenses cannot exceed $4.33 times the number names on the voter lists for the electoral divisions (Elections Finances Act, Article 51(1)(b)). Expenditure limits can decrease or increase based on any percentage change in the Consumer Price Index for the City of Winnipeg (Elections Finances Act, Article 52). Advertising expenses in a year of fixed date election and outside of the election period are $250,000 for a registered party and $6,000 for a registered candidate (Elections Finances Act, Article 54.1(1)). In a general election, advertising expenses for a registered party shall not exceed $0.92 times the number of names on the voter lists for all electoral divisions in which party endorses candidates (Elections Finances Act, Article 50(2)(a)). In a by-election, advertising expenses shall not exceed $1.61 times the number of names on the voter lists for all electoral divisions (Elections Finances Act, Article 50(2)(b)). The total advertising expense of a candidate, whether incurred by the candidate, constituency association or individual acting on the candidates behalf, shall not exceed $0.56 times the number of names on the voters list for the electoral division in which candidate is part of (Elections Finances Act, Article 51(2)). Advertising expenses are part of election expenses (Elections Act, Article 50(3)). Registered parties are entitled to public subsidy each non-election year based on $1.25 times the number of valid votes received by each candidate endorsed by the party in the most recent election. The maximum for said subsidy is $250,000, which is subject to the total expenses paid by the party in the year (Elections Finances Act, Articles 70.2(2)).Foundation for Democratic Advancement | 2012 FDA Canadian Provinces Report 23
  • 24. During an election year, a registered party is entitled to a public subsidy based on the following formula: $1.25 × [(A× B/E) + (C × D/E)] In this formula, A is the number of valid votes received by each candidate endorsed by the party in the general election; B is the number of days in the year after the polling day of the general election; C is the number of valid votes received by each candidate endorsed by the party in the preceding general election; D is the number of days in the year up to and including polling day of the general election; E is the number of days in the year. If a registered party had at least one elected member in the Assembly during the previous election, the minimum allowance payable to that party in an election year is $10,000, or $600 in any other case (Elections Finances Act, Article 70.2(4)). A registered candidate is entitled to receive a public subsidy if the candidate receives at least 10% of all eligible votes cast in the electoral division in which s/he was a candidate (Elections Finances Act, Article 71(1). The public subsidy covers 100% of the following expenses: (i) the reasonable child care expenses incurred by the candidate to enable the candidate to campaign in the election period, (ii) the reasonable expenses incurred by a disabled candidate in relation to his or her disability to enable the candidate to campaign in the election period; and (b) 50% of the actual election expenses, excluding donations in kind, incurred by or on behalf of the candidate, to a maximum of 50% of the total election expense limit of the candidate under subsection 51(1), as varied in accordance with section 52 (Elections Finances Act, Article 71(2)). A registered party is entitled to reimbursement of election expenses if it obtained at least 10% of all valid votes cast in the last election. The amount of the reimbursement is 50% of the actual election expenses, excluding donations in kind, incurred by it or on its behalf, to a maximum of 50% of the total election expense limits (Elections Finances Act, Articles 71(3) and 71(4)).Electoral caps on third partiesAre there caps on third party electoral spending?If there are caps on third party spending, are they restricted to citizens? Foundation for Democratic Advancement | 2012 FDA Canadian Provinces Report 24
  • 25. If there are caps on third party spending, are they attainable, reasonably, by citizens?Are there public subsidies or other financial instruments which help create an equal level of thirdparty spending? 0 out of 0.25 n/a n/a n/aResearch Findings: FDA researchers could not find legislation that regulates third party expenditures.Legislative processIs legislative process to enforce the electoral finance laws?Is there an effective legislative process to enforce electoral finance laws? 0.25 out of 0.25 0.5625 out of 0.75Research Findings: The Election Commissioner through his or her own initiative or at the request of another person may investigate any act which violates the Elections Finances Act (Elections Finances Act, Article 77.3(4) to 77.3.1(3)). The FDA researchers found extensive legislation that enforces the Manitoba Electoral Finance Act, including up to $50,000 fines against corporations, $25,000 fine against registered parties, and maximum general fine of $5,000 against individuals (The Elections Finances Act, Articles 78-91(5)). The FDA auditors assume that a minimum effective fine against corporations is $200,000, therefore, deducted 50% of the maximum score for low fines against corporations and absence of imprisonment terms. 50% of .75 = 0.5625Total score for the electoral fairness of electoral finance: 85.1 percent out of 100 percent. Foundation for Democratic Advancement | 2012 FDA Canadian Provinces Report 25
  • 26. Analysis:Numerous areas of Manitoba’s electoral finance legislation stand out, and based on the FDAscoring scale (see Conclusion chapter), Manitobas score of 85.1 percent is exceptional. Thismeasurement means that Manitobas electoral finance legislation is highly democratic and putsthe interests of the majority in Manitoba above the minority.The FDA measured exceptional legislation in almost all aspects of the Manitobas electoral law,with the exception of third party expenditure and legislative process. The FDA believes thatreasonable caps on third party expenditure and higher fines for corporate electoral misconductwould move Manitobas score even higher.Unlike Alberta and British Columbia, Manitoba disallows contributions by corporations andtrade unions to candidates and parties. However, with no regulation of third party expenditures,corporations and trade unions could have a disproportionate influence on elections outcomes. Foundation for Democratic Advancement | 2012 FDA Canadian Provinces Report 26
  • 27. New BrunswickElectoral finance transparencyAre candidate and party finances transparent to the public?Are candidate and party finances only transparent to candidate and parties and not the public?Are candidate and party finances only transparent to the government? 2.0 out of 2.0 n/a n/aResearch Findings: Contributions from individuals that total more than $100 for a semi-annual period are disclosed to the public (Election Financing Manual). All contributions from corporations and unions are disclosed to the public (Election Financing Manual). Registered political parties, candidates, and district associations must disclose all sources of revenue and expenditures. They must submit financial returns to the Supervisor of Political Financing. Financial returns are available to the public for examination (Election Financing Manual). All third parties are required to disclose their advertisements, which include name and phone number of person who manages books and records, and signed authorization from third parties for advertisements (Election Financing Manual). Registered third parties must have a Chief Financial Officer (Election Financing Manual). All third party advertising expenditure books are made available to the public for examination, and details of contributions to third parties over $100 will be made available to the public (Election Financing Manual). Registered parties and candidates must have official representatives and agents who manage electoral finances (Election Financing Manual). Registered parties shall have licensed auditors (accountants practicing in Province) (Political Process Financing Act, Articles 51-57). Registered parties are required to submit two detailed financial returns a year: one for first 6 months and one for last 6 months (Political Process Financing Act, Articles 58-64). Foundation for Democratic Advancement | 2012 FDA Canadian Provinces Report 27
  • 28. Electoral contributions to candidates and partiesAre electoral contributions restricted to citizens?Are electoral contributions disallowed by foreigners, public institutions, and charities?Are anonymous electoral contributions set at a reasonable level? 0 out of 0.5 0.5 out of 0.5 0.5 out of 0.5Research Findings: Only individuals, corporations, and trade unions can contribute to registered parties and candidates. Contributions can be made only to registered parties, candidates, and district associations (Election Financing Manual). Corporations that contribute must do business in New Brunswick, and trade unions that contribute must hold bargaining rights in New Brunswick. There is no requirement that individuals who contribute reside in New Brunswick (Election Financing Manual). Corporations are deemed associated if they are controlled by one or related person. Associated corporations can only contribute to one source (Election Financing Manual). Associations and groups cannot contribute. However, individual partners in a partnership may contribute in their own names (Election Financing Manual). Contributions from individuals that total more than $100 for a semi-annual period are disclosed to the public (Election Financing Manual). All contributions from corporations and unions are disclosed to the public (Election Financing Manual).Electoral caps on contributions to candidates and partiesAre there caps on contributions to candidates and parties?Are the caps on candidates and parties contributions reflective of mean total income?Are there caps on contributions by candidates to their own campaign?Are the caps on candidates own contributions reflective of mean total income? 0.25 out of 0.25 0.0863 out of 1.0 0.25 out of 0.25 0.5 out of 0.5 Foundation for Democratic Advancement | 2012 FDA Canadian Provinces Report 28
  • 29. Research Findings: New Brunswicks 2009 mean total income is $25,890 (Statistics Canada, 2011). Contributions are limited to $6,000 to each party and any of its district associations per year (Election Financing Manual). Contributions are limited to $6,000 to one registered independent candidate per year (Election Financing Manual). Candidates may incur personal election expenses during the election period up to $2,000. The Province does not reimburse these costs (Election Financing Manual). The maximum contribution is $6,000 per party, and there are five parties in New Brunswick, therefore the maximum contribution is $30,000 (5 times $6,000) 10% of mean income is $2,589 2589 of 30000 = 0.0863 0.0863 of 1.0 = .0863 10% of mean income is $2,589 Maximum candidate contribution is $2,000 2589 of 2000 = 1.2945Campaign expenditureAre there campaign expenditure limits on candidates and parties?If there are campaign expenditure limits on candidates and parties, are they attainable,reasonably, by all registered candidates and parties?Are there public subsidies or other financial instruments for candidates and parties?If there are public subsidies or other financial instruments, do they create an equal level ofcampaign finances for candidates and parties? 0.5 out of 0.5 1.0 out of 1.0 0.25 out of 0.25 0.5 out of 0.5 Foundation for Democratic Advancement | 2012 FDA Canadian Provinces Report 29
  • 30. Research Findings: Election expenses apply to the election period and to all expenditures before an election for literature, objects or materials of an advertising nature (Election Financing Manual). Electoral law does not consider volunteer service that is not part of ones employment a contribution (Election Financing Manual). Election expenses less than $100 incurred by an individual, but not reimbursed to the individual, are not considered election expenses (Election Financing Manual). Registered candidates and parties have expenditure limits. Expenditures other than expenses incurred for advertising on broadcasting in newspapers, periodicals, or other printed matter, are limited to $3,500 per year for registered parties and $2,000 per year for registered district associations and registered independent candidates (Political Process Financing Act, Article 50(1)). During the campaign period, election expenses for registered parties shall not exceed $1.00 times the number of electors in the total number of electoral districts in which the party has candidates. The expenditure limit is set at $7,000 for each by-election (Political Process Financing Act, Article 77(1)). During the campaign period, expenses for registered candidates shall not exceed $1.75 times each elector in the electoral district s/he is a candidate. In no case in a general election shall a candidates expenditures be limited to less than $11,000 and exceed $22,000. In a by-election, the expense limit for registered candidates is set at $2.00 times each elector in the electoral district s/he is a candidate (Political Process Financing Act, Articles 77(2)-77(3)). Registered candidates receive reimbursement of their election expenses if they receive at least 15% of the votes cast in their electoral district. Candidates who are entitled to receive reimbursement will receive an amount equal to the lesser of: 1. the amount of the election expenses of the candidate or 2. $0.35 for each elector in the electoral district (Political Process Financing Act, Articles 78(1)-78(2)). Registered parties receive an annual allowance if they have representation in the Legislative Assembly or had at least ten official candidates at the preceding general election. The parties receive public monies based on the following formula: (A-B) x (C/D) where A is the amount of the appropriation authorized by the Legislature for making all of the Foundation for Democratic Advancement | 2012 FDA Canadian Provinces Report 30
  • 31. 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 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 (Political Process Financing Act, Articles 31-33).Electoral caps on third partiesAre there caps on third-party electoral spending?If there are caps on third-party spending, are they restricted to citizens?If there are caps on third-party spending, are they attainable, reasonably, by citizens?Are there public subsidies or other financial instruments which help create an equal level ofthird-party spending? 0.25 out of 0.25 0 out of 0.5 0 out of 0.25 0 out of 0.25Research Findings: New Brunswicks 2009 mean total income is $25,890 (Statistics Canada, 2011). Individuals, corporations, trade unions, charitable organizations, social groups etc. can spend electorally as third parties (Election Financing Manual). Only third parties that incur expenses over $500 are required register (Election Financing Manual). Third parties expenditures are restricted to 1.3% of the election expenses limit of registered political parties that present a full slate of candidates in the 55 electoral districts. (1.3% of $1.00 times the number of electors in all 55 electoral districts.) (Political Process Financing Act, Article 84.15(1)). In 2010, there were 520,872 electors on the New Brunswick voter list, which means that in 2010, the law capped third party expenditures at $6771.40 (CBC News, “N.B. voter turnout lowest since 1978”, October 1, 2010). Electoral advertising expenses in a single electoral district or a by-election are capped at Foundation for Democratic Advancement | 2012 FDA Canadian Provinces Report 31
  • 32. 10% of the province-wide limit (Political Process Financing Act, Articles 84.15(2)- 84.15(4)). Third parties can receive contributions from individuals, trade unions, and corporations only (Political Process Financing Act, Article 84.5). 1.3% times number of electors in all 55 districts. In 2011, there were 520,909 electors (2010). 1.3% times 520,909 = 6771.817 10% of mean income = $2,589 2589 of 6771.817 = 0.3823 0.3823 of .0.5 = 0.1912Legislative processIs legislative process to enforce the electoral finance laws?Is there an effective legislative process to enforce electoral finance laws? 0.25 out of 0.25 0.375 out of 0.75Research Findings: Under the Provincial Offences Procedures Act, there are severe penalties in place for violators of the election finance laws. Convictions can result in a fine ranging from $500 to $10,250 and jail terms of not more than 180 days (Election Financing Manual). The maximum fine in New Brunswick is $10,250. The FDA auditors assume that the minimum effective fines against corporations and trade unions are $200,000 and jails times of at least one year according to the offense. Ergo, the FDA auditors deducted 50% from the score. 50% of 0.75 = 0.375Total score for the electoral fairness of electoral finance: 72.1 percent out of 100 percent. Foundation for Democratic Advancement | 2012 FDA Canadian Provinces Report 32
  • 33. Analysis:Based on the FDA scoring scale (see Conclusion chapter), New Brunswick received asatisfactory score for its electoral finance legislation. The score means that New Brunswickselectoral finance legislation is working overall in the better interests of the people of NewBrunswick. At the same time, the FDA recognizes there is room to improve the legislation. Forexample, it believes that corporations and trade unions should be banned from making electoralcontributions to candidates and parties, that there should be reasonable caps on third partyexpenditures, and that the province should increase significantly the fines against corporationsand trade unions for electoral misconduct.The FDA assumes that a lack of regulation for third party expenditures may allow wealthysegments of New Brunswick to have a disproportionate influence on election outcomes, and theminimal fines against corporations and trade unions may not be enough to discourage electoralmisconduct. Foundation for Democratic Advancement | 2012 FDA Canadian Provinces Report 33
  • 34. Newfoundland and LabradorElectoral finance transparencyAre candidate and party finances transparent to the public?Are candidate and party finances only transparent to candidates and parties and not the public?Are candidate and party finances only transparent to the government? 2.0 out of 2.0 n/a n/aResearch Findings: Parties must disclose to the Chief Electoral Officer the existence of trusts (Election Act, Article 271). On reasonable grounds, the Chief Electoral Officer or representative can inspect books, papers, and records of a candidate or party, enter and search premises, and make copies of documents (Election Act, Article 274). The Auditor General shall audit the financial transactions of the Chief Electoral Officer (Elections Act, Article 276). All documents filed with the Chief Electoral Officer are public records, and may be inspected and copied by the public (Elections Act, Article 277). The names and addresses of electoral contributors and the amount of contributions are recorded by the chief financial officer of each party (Elections Act, Articles 299 (1) and (2)). Registered parties are required to record contributors (individually or in sum) and related information who exceed $100 in contributions (Elections Act, Article 299 (3)). During the campaign period, contributions over $100 to candidates or parties must be filed with the Chief Electoral Officer (Elections Act, Article 299 (4)). Publishers of political advertisements must maintain advertisement records for 2 years and relevant information including the cost for advertisements and names of persons who sponsored the advertisement. The records must be made available to the public for inspection (Elections Act, Article 288 (3)). Foundation for Democratic Advancement | 2012 FDA Canadian Provinces Report 34
  • 35. Electoral contributions to candidates and partiesAre electoral contributions restricted to citizens?Are electoral contributions disallowed by foreigners, public institutions, and charities?Are anonymous electoral contributions set at a reasonable level? 0 out of 0.5 0.5 out of 0.5 0.5 out of 0.5Research Findings: Only citizens, corporations, and trade unions can make electoral contributions (Elections Act, Article 282 (1)). Corporations must conduct business in the province, trade unions must hold bargaining rights in province, and citizens must be natural persons of the province, whether or not they are residents of Newfoundland and Labrador (Elections Act, Article 282 (2)). Only registered parties and candidates may accept contributions (Elections Act, Article 282 (3)). Contributions in excess of $100 must include the name of the contributor. (Elections Act, Article 282 (5)). Electoral law does not allow anonymous contributions in excess of $100 (Elections Act, Article 283). Contributions must be from the private funds of an individual, corporation, or trade union (Elections Act, Article 285). The FDA auditors assume that charities have to be non-partisan and thereby contribute equally to candidates and/or parties. Therefore, the auditors gave full marks for sub- section two.Electoral caps on contributions to candidates and partiesAre there caps on contributions to candidates and parties?Are the caps on candidates and parties contributions reflective of mean total income?Are there caps on contributions by candidates to their own campaign?Are the caps on candidates own contributions reflective of mean total income? 0 out of 0.25 Foundation for Democratic Advancement | 2012 FDA Canadian Provinces Report 35
  • 36. 0 out of 1.0 0 out of 0.25 0 out of 0.5Research Findings: Newfoundland and Labradors 2009 mean total income is $24,550 (Statistics Canada, 2011). The FDA Researchers found no legislation that places caps on contributions.Campaign expenditureAre there campaign expenditure limits on candidates and parties?If there are campaign expenditure limits on candidates and parties, are they attainable,reasonably, by all registered candidates and parties?Are there public subsidies or other financial instruments for candidates and parties?If there are public subsidies or other financial instruments, do they create an equal level ofcampaign finances for candidates and parties? 0.5 out of 0.5 1.0 out of 1.0 0 out 0.25 0 out of 0.5Research Findings: Newfoundland and Labradors 2009 mean total income is $24,550 (Statistics Canada, 2011). The election expenses of a registered party must not exceed $3.125 times the number of electors in the electoral district where the party endorses candidates (Elections Act, Article 310 (1)(a)). The by-election expenses of a registered party must not exceed $3.125 times the number of electors in the electoral district where the by-election occurs (Elections Act, Article 310 (1)(b)). The election expenses of candidates shall not exceed $3.125 times the number of electors in the electoral district where s/he is a candidate (Elections Act, Article 310 (2)). Regardless of Articles 310 (1) and (2), no election expenses of a candidate or party shall be limited to an amount less than $12,000 (Elections Act, Article 310 (3)). Foundation for Democratic Advancement | 2012 FDA Canadian Provinces Report 36
  • 37. Election expense amounts in Article 310 are adjusted according to the Consumer Price Index for the 12 month period and dividing the aggregate number by 12 (Elections Act, Article 311).Electoral caps on third partiesAre there caps on third party electoral spending?If there are caps on third party spending, are they restricted to citizens?If there are caps on third party spending, are they attainable, reasonably, by citizens?Are there public subsidies or other financial instruments that help create an equal level of thirdparty spending? 0 out of 0.5 n/a n/a n/aResearch Findings: Newfoundland and Labradors 2009 mean total income is $24,550 (Statistics Canada, 2011). The FDA researchers could find no restrictions on independent third party electoral expenditures, other than to identify both the persons buying advertisements and the sponsor of the political advertisement to the publisher (Election Act, Article 288 (2)). Electoral advertisements which have the consent or knowledge of a registered party or candidates that promote or oppose a party or candidate are considered contributions to the relevant party or candidate (Elections Act, Article 288 (1)(a)).Legislative processIs legislative process to enforce the electoral finance laws?Is there an effective legislative process to enforce electoral finance laws? 0.25 out 0.25 0.375 out of 0.75Research Findings: The legislation outlines various punishments and fines for electoral offenses. For example, corporations are subject to a maximum fine of $10,000 for violating the Foundation for Democratic Advancement | 2012 FDA Canadian Provinces Report 37
  • 38. Elections Act and individuals are subject to a $1,000 fine or 3 months imprisonment or both for general offences. For exceeding the election expenditure limit or related misconduct, the offender is subject to a maximum fine of $10,000 or 3 months imprisonment or both. Delivering false statements or false receipts carries a maximum fine of $5,000 or 3 months imprisonment or both (Elections Act, Articles 316-327). With a maximum fine of $10,000 and prison time of 3 months, the FDA auditors deducted 50% of the score. The FDA auditors assume the minimum fine for corporations should be $200,000 and minimum prison time of one year. 50% of 0.75 = 0.375Total score for the electoral fairness of electoral finance: 51.3 percent out of 100 percent.Analysis:Based on the FDA scoring scale (see Conclusion section), Newfoundland and Labrador receivedan unsatisfactory score of 51.3 percent. This score means that Newfoundland and Labrador hasnumerous deficiencies in its electoral finance legislation and borders on a failed democratic state.The FDA believes that this legislation is not working in the interests of the majority inNewfoundland and Labrador.Although there is electoral finance transparency and campaign expenditure limits, Newfoundlandand Labrador does not limit contribution amounts, offer public subsidies, or regulate thirdparties. It allows contributions from corporations and trade unions and imposes minimalpenalties for electoral misconduct. The FDA believes that the shortcomings in these areas couldundermine a fair and democratic election process in Newfoundland and Labrador. Candidate andparty funds might not reflect popular support due to a lack of caps on contributions andallowance for corporate contributions. The absence of third party regulations might allow forwealthy segments of society to have a disproportionate influence on election outcomes. Foundation for Democratic Advancement | 2012 FDA Canadian Provinces Report 38
  • 39. Nova Scotia:Electoral finance transparencyAre candidate and party finances transparent to the public?Are candidate and party finances only transparent to candidate and parties and not the public?Are candidate and party finances only transparent to the government? 2.0 out of 2.0 n/a n/aResearch findings: The Chief Electoral Officer reports to the Assembly after an election (Election Act, Article 163). The Chief Electoral Officer shall retain election documents transmitted pursuant to Article 160 until the appeal has expired, or in accordance with Government Records Act, whichever is longer (Election Act, Article 165). Official agents are responsible for recording contributions and campaign expenditures, issuing tax receipts etc. for candidates, parties, and electoral district associations (Election Act, Article 171). Every party shall have a public accountant who acts as an auditor, and who must adhere to the provided audit and reporting standards or face disqualification (Election Act, Article 177). Parties must fully disclose assets in its annual report to the Chief Electoral Officer (Election Act, Article 192). Electoral district associations must fully disclose their assets in an annual report to the Chief Electoral Officer (Election Act, Article 194-198). Candidates, parties, and electoral district associations must deposit all monies in a designated financial institution disclosed to the Chief Electoral Officer (Election Act, Articles 209-212). Electoral law categorizes loans to candidates, parties, and electoral district associations where the difference between a lower interest rate and the prime rate as a contribution (Election Act, Article 215-219). Foundation for Democratic Advancement | 2012 FDA Canadian Provinces Report 39
  • 40. Within 120 days of the end of the fiscal year, a registered party must publish an audited financial statement that is readily available to the public free of charge (Election Act, Article 222). Within 120 days of a by-election or election, a registered party must file a report with the Chief Electoral Officer that contains all electoral expenses, invoices, receipts, vouchers etc. (Election Act, Article 223). Within 10 days of receiving parties expense reports, the Chief Electoral Officer will publish of the summary of the reports (Election Act, Article 223). Invoices, receipts, vouchers etc. which are the part of the parties expense reports are held by the Chief Electoral Officer and s/he shall permit any elector to inspect them (Election Act, Article 223). Electoral district associations must file an annual financial report (Election Act, Article 227). Candidates have 80 days after a by-election or election to file expense reports with the Chief Electoral Officer (Election Act, Article 229). The Chief Electoral Officer will publish a summary of a candidate’s expense report within 10 days of receiving the report (Election Act, Article 229). The Chief Electoral Officer shall keep invoices, receipts, vouchers from each candidate’s expense reports for six months, and shall permit any elector to inspect them (Election Act, 229). Candidates must file an annual financial report (Election Act, Article 229). Parties, candidates, and electoral district associations that receive any contribution in excess of $200 must disclose the source of the contribution to the Chief Electoral Officer. The Chief Electoral Officer publishes the information (not including residential addresses) for public viewing (Election Act, Articles 240). Third parties must submit an election advertising report to the Chief Electoral Officer that s/he will publish (Election Act, Article 284).Electoral contributions to candidates and partiesAre electoral donations/contributions restricted to citizens?Are electoral donations/contributions disallowed by foreigners, public institutions, and charities?Are anonymous electoral donations/contributions set at a reasonable level? Foundation for Democratic Advancement | 2012 FDA Canadian Provinces Report 40
  • 41. 0.5 out of 0.5 0.5 out of 0.5 0.5 out of 0.5Research findings: Only individuals who are residents of Nova Scotia can make one or more contributions to registered parties, electoral district associations, registered candidates, or registered third parties (Election Act, Article 236). No organization can contribute to registered parties, candidates, electoral district associations, or registered third parties (Election Act, Article 236). Individuals who are residents of Nova Scotia and are temporarily outside of the province can make one or more contributions to registered parties, electoral district associations, registered candidates, or registered third parties. This provision does not apply to persons who are temporarily away for personal or commercial reasons (Election Act, Article 236). Electoral law does not allow anonymous contributions (Election Act, Article 241).Electoral caps on contributions to candidates and partiesAre there caps on contributions to candidates and parties?Are the caps on candidates and parties contributions reflective of mean total income?Are there caps on contributions by candidates to their own campaign?Are the caps on candidates own contributions reflective of mean total income? 0 out of 0.25 0.5342 out of 1.0 0.25 out of 0.25 0.2671 out of 0.5Research findings: Nova Scotias 2009 mean total income is $26,710 (Statistics Canada, 2011). Total annual contributions to each registered party cannot exceed $5,000 and total contributions to all electoral district associations and candidates of that party cannot exceed $5,000 (Election Act, Article 236). Total contributions to third parties cannot exceed $5,000 per year (Election Act, Article 236). Foundation for Democratic Advancement | 2012 FDA Canadian Provinces Report 41
  • 42. Candidate contributions to their own campaigns cannot exceed $5,000 per year (Election Act, Article 236). 10% of mean income is $2,671 2761/5000 = 0.534 0.534 of 1.0 = 0.534 0.534 of 0.5 = 0.2671Campaign expenditureAre there campaign expenditure limits on candidates and parties?If there are campaign expenditure limits on candidates and parties, are they attainable,reasonably, by all registered candidates and parties?Are there public subsidies or other financial instruments for candidates and parties?If there are public subsidies or other financial instruments, do they create an equal level ofcampaign finances for candidates and parties? 0.5 out of 0.5 1.0 out of 1.0 0.25 out 0.25 0.5 out of 0.5Research findings: A registered party has an expenditure limit based on $2.29 per number of electors in the electoral districts where it presents one or more candidates (Election Act, Article 259). During a by-election, registered parties have an expenditure limit of $5,723.20 (Election Act, Article 259). During an election, a candidate must not exceed the following expenditure limits: $5.72 per elector in any district with up to 5,000 electors $4.86 per elector in any district with more than 5,000 electors and less than 10,000 electors $4.29 per elector in any district with more than 10,000 electors Foundation for Democratic Advancement | 2012 FDA Canadian Provinces Report 42
  • 43. These limits apply to multiple candidates from the same party running in an electoral district. The law views them as one candidate and they can divide the expenditure limit between themselves (Election Act, Article 260). Each fiscal year the province provides registered parties with $1.53 per each vote received in the most recent election (Election Act, 191). Elected candidates and candidates who garner at least 10% of valid votes cast receive $1.43 from the provincial government. Multiple candidates from the same party are viewed a one candidate, and may divide the reimbursement if they qualify (Election Act, Article 267).Electoral caps on third partiesAre there caps on third party electoral spending?If there are caps on third party spending, are they restricted to citizens?If there are caps on third party spending, are they attainable, reasonably, by citizens?Are there public subsidies or other financial instruments that help create an equal level of third-party spending? 0.25 out of 0.25 0 out of 0.5 .0668 out of .025 0 out of 0.25Research findings: Nova Scotias 2009 mean total income is $26,710 (Statistics Canada, 2011). Third parties have an expenditure limit of $10,000 during an election (Election Act, Articles 275). No more than $2,000 of third party expenditure can be used to promote or oppose a leadership candidate in a given electoral district (Election Act, Article 275). Individual residents of Nova Scotia and corporations that are registered in Nova Scotia can make third party expenditures (Election Act, Article 275). 10% of mean income is $2671. Maximum expenditure is $10,000. 2671/10000 = 0.2671 Foundation for Democratic Advancement | 2012 FDA Canadian Provinces Report 43
  • 44. 0.2671 of 0.25 = 0.0668Legislative processIs there an effective legislative process to enforce electoral finance laws? 0.25 out of 0.25 0.375 out of 0.75Research findings: Nova Scotia has an extensive legislative process to enforce electoral finance laws, including compliance agreements. Fines range from $5,000 for individuals to $50,000 for registered parties and imprisonment for up to one year. There are no specific provisions for corporations and trade unions (Election Act, Articles 285-348). Although Nova Scotia has effective penalties for individuals and registered parties, it is deficient in fines applied to corporations and trade unions, and therefore, FDA auditors deducted 50% from score out of .75.Total score for the electoral fairness of electoral finance: 77.4 percent out of 100 percent.Analysis:Based on the FDA scoring scale (see Conclusion chapter), Nova Scotia received a very goodscore for its electoral finance legislation. This score indicates that the legislation is working inthe interest of the majority in Nova Scotia. For example, Nova Scotia does not allowcorporations and trade unions to make electoral contributions, and the campaign expenditurelimits reflect the provincial mean income. However, the FDA identified certain areas oflegislation that are deficient and could potentially affect the election outcome by weakeningvoice of the majority at the ballot box. Although campaign expenditure limits are reasonable,contribution caps and third party spending by corporations and trade unions are not reflective ofthe mean income and therefore favour wealthy segments of society. Penalties for electoralmisconduct against corporations and trade unions are also decidedly low and potentiallyineffective for preventing electoral fraud. Foundation for Democratic Advancement | 2012 FDA Canadian Provinces Report 44
  • 45. Ontario:Electoral finance transparencyAre candidate and party finances transparent to the public?Are candidate and party finances only transparent to candidate and parties and not the public?Are candidate and party finances only transparent to the government? 2.0 out of 2.0 n/a n/aResearch Findings: Only registered parties, constituency associations or candidates can accept contributions. In registering with the Chief Electoral Officer, political parties, constituency associations and candidates must declare the names of all individuals who may accept contributions and the names and addresses of the financial institutions that will hold their contributions. Parties and constituency associations must also declare their assets and liabilities (Election Finances Act, Articles 10, 11 and 13). Prior to registration, all parties, constituency associations and candidates must declare a chief financial officer. It is the responsibility of the chief financial officer to create and maintain an accurate record of expenses and contributions, to issue receipts, and file financial statements with the Chief Electoral Officer (Election Finances Act, Article 33). Candidates must appoint a licensed auditor at the time of registration, and by parties and constituency associations within 30 days of registration. An auditor will provide a report regarding financial statements to the chief financial officer, and has access to the necessary records and documents from the candidate, party or constituency association whom the auditor is working with (Election Finances Act, Article 40). Before May 31 of each year, the chief financial officer of a party or constituency association must file a report with the Chief Electoral Officer concerning the assets, liabilities, income and expenses (excluding campaign expenses) for the previous year. In the case of an election, the chief financial officer files a subsequent report with the Chief Electoral Officer within six months of the poll containing all election-related income received or incurred by parties, constituency associations and candidates during the campaign. In the case of a by-election, only contributions and expenses of related candidates, parties or constituency associations must be reported (Election Finances Act, Articles 41 and 42). Contributions greater than $100, in a single donation or in the aggregate from a single Foundation for Democratic Advancement | 2012 FDA Canadian Provinces Report 45
  • 46. contributor, must be reported by the chief financial officer to the Chief Electoral Officer within 10 days of its receipt. In turn, the Chief Electoral Officer publishes the report and its contents online (Election Finances Act, Article 34). The public may view all documents filed at the office of the Chief Electoral Officer during normal office hours. They are entitled to make copies of these documents, or extracts of, at the cost of making such copies (Election Finances Act, Article 15). The Chief Electoral Officer is responsible for publishing a summary of income, expenses and reimbursement for all candidates and their constituency organizations both online and in The Ontario Gazette (Election Finances Act, Article 2).Electoral contributions to candidates and partiesAre electoral donations/contributions restricted to citizens?Are electoral donations/contributions disallowed by foreigners, public institutions, and charities?Are anonymous electoral donations/contributions set at a reasonable level? 0 out of 0.5 0.5 out of 0.5 0.5 out of 0.5Research Findings: Contributions to parties, constituency organizations and candidates may only be made by individuals, their estate, non-charity corporations and trade unions (Election Finances Act, Article 16). Contributions may only be accepted from persons residing in Ontario, corporations which carry out business in Ontario, and trade unions which hold bargaining rights for Ontario employees (Election Finances Act, Article 29(1)) Funds from federal political parties are only acceptable during the campaign period. These funds may only be accepted by a party, and may only total $100 per candidate endorsed by that party. These are not treated as contributions, but are still sourced and recorded with the Chief Electoral Officer (Election Finances Act, Article 20). Affiliated political organizations may make contributions to their related parties, constituency associations, or candidates (Election Finances Act, Article 26(3)). Contributions which break the Ontario Election Finances Act must be returned. Anonymous contributions are not allowed. If received, they must be given to the Chief Electoral Officer for use in their role (Election Finances Act, Article 17). Foundation for Democratic Advancement | 2012 FDA Canadian Provinces Report 46
  • 47. Electoral caps on contributions to candidates and partiesAre there caps on contributions to candidates and parties?Are the caps on candidates and parties contributions reflective of mean total income?Are there caps on contributions by candidates to their own campaign?Are the caps on candidates own contributions reflective of mean total income? 0.25 out of 0.25 0.1934 out of 1.0 0.25 out of 0.25 0.5 out of 0.5Research Findings: Ontarios 2009 mean total income is $29,980 (Statistics Canada, 2011). Contributions are multiplied by an indexation factor, which is the percentage change in Statistics Canadas Consumer Price Index over a five-year period. The Chief Electoral Officer publishes the indexation factor both online and in the Ontario Gazette. The current five-year period is 2009-2013 (Election Finance Act, Articles 18(1) and 40.1; Essensa, 2009). During a calendar year or a campaign period (treated as a separate year), an individual, corporation or trade union may donate a maximum of $7500 (currently adjusted to $9300). The maximum contribution to a single constituency association or candidate is $1000 (currently adjusted to $1240) or $5000 (currently adjusted to $6200) taken together, per calendar year (Election Finances Act, Article 18 (1); Essensa, 2009). Electoral law treats the personal funds of candidates used for their campaigns as contributions and must be recorded as such (Election Finances Act, Article 18(3)). At the discretion of the contributor, goods or services having an aggregate total of $100 or less, contributed by a person, corporation or trade union, are not considered a contribution (Election Finances Act, Article 21 (2)). Annual membership fees for parties may not be considered contributions as long as they do not exceed $25 and membership payment records are maintained (Election Finances Act, Article 30). 10% of mean income equals $2,980. Maximum contribution is $9,300. Foundation for Democratic Advancement | 2012 FDA Canadian Provinces Report 47
  • 48. 2980 of 9300 = 0.1943 0.1934 of 1.0 = 0.1943Campaign expenditureAre there campaign expenditure limits on candidates and parties?If there are campaign expenditure limits on candidates and parties, are they attainable,reasonably, by all registered candidates and parties?Are there public subsidies or other financial instruments for candidates and parties?If there are public subsidies or other financial instruments, do they create an equal level ofcampaign finances for candidates and parties? 0.5 out of 0.5 1.0 out of 1.0 0.25 out 0.25 0.25 out of 0.5Research Findings: Campaign expenditure limits for all registered parties, individuals and organizations acting on their behalf are multiplied by an indexation factor dependent on the percentage change in Statistics Canadas Consumer Price Index over a five-year period. The current five-year period is 2009-2013 (Election Finances Act, Articles 38 and 40.1; Essensa, 2009). The expenditure limit for all registered parties, individuals and organizations acting on their behalf is $0.60 ($0.74 today) multiplied by the number of electors in all the districts they run in, or in the case of a by-election, the relevant district (Election Finances Act; Essensa, 2009). The expenditure limit for a registered candidate, a constituency association endorsing them, and any other organization acting on their behalf is $0.96 ($1.19 today) multiplied by the total number of electors in their district. For example, in 2011 in the district of Brampton-Springdale, the expenditure limit was $1.19* 87, 543 = $104,176.17. For those running in select northern districts, the expenditure limit is increased by $7000 ($8680, currently). For example, in 2011 in the district of Kenora-Rainy River the limit was $1.19 * 48, 369 = $57559.11 + $8680 = $66239.11 (Election Finances Act, Article 38; Elections Ontario, 2011a, 2011b; Essensa, 2009). Candidates who receive at least 15% of the popular vote for their district may be reimbursed the lower of 20% of their campaign expenses or 20% of their expenditure limit. Candidates running in certain northern districts will have their total eligible amount Foundation for Democratic Advancement | 2012 FDA Canadian Provinces Report 48
  • 49. increased by $7000 ($8680 currently). Political parties that receive at least 15% of the popular vote in any district may be reimbursed an aggregate amount of $0.05 for every elector in the district. In addition to these requirements, any candidate, party or constituency association seeking reimbursement must file a financial statement (Election Finances Act, Article 44).Electoral caps on third partiesAre there caps on third-party electoral spending?If there are caps on third-party spending, are they restricted to citizens?If there are caps on third-party spending, are they attainable, reasonably, by citizens?Are there public subsidies or other financial instruments that help create an equal level of third-party spending? 0 out of .25 n/a n/a n/aResearch Findings: Ontarios 2009 mean total income is $29,980 (Statistics Canada, 2011). Third parties must register and appoint a chief financial officer if they incur expenses of $500 or more. The chief financial officer must file a report concerning the third party’s expenses, contributions and receipts with the Chief Electoral Officer within six months from polling day (Election Finances Act, Articles 37.5, 37.6 and 37.12). Third-party contributors are limited to Ontario residents, non-charitable corporations that do business in Ontario, and trade unions representing Ontario employees (Election Finances Act, Article 37.10(1)). Third parties must appoint an auditor if they incur expenses greater than $5000. The auditor will report to the chief financial officer, and must have access to the relevant documents to do so (Election Finances Act, Article 37.7, 37.13).Legislative processIs legislative process to enforce the electoral finance laws?Is there an effective legislative process to enforce electoral finance laws? 0.25 out of 0.25 0.1875 out of 0.75 Foundation for Democratic Advancement | 2012 FDA Canadian Provinces Report 49
  • 50. Research Findings: The Ontario Election Finances Act enforces electoral laws, with $50,000 as the maximum possible fine for corporations and unions, and $5000 as the maximum fine for all others (Election Finances Act, Articles 46-53). The FDA determined that the maximum fine of $50,000 is well below its accepted effective penalty of a minimum fine for corporations of $200,000 and/or a year prison sentence. Ergo, FDA auditors gave a 25% score. 25% of 0.75 = 0.1875Total score for the electoral fairness of electoral finance: 66.3 percent out of 100 percent.Analysis:Based on the FDA scoring scale (see Conclusion chapter), Ontario received an unsatisfactoryscore for its electoral finance legislation. The score means that Ontarios legislation hasdeficiencies that could potentially benefit the wealthy segments of society and prevent theelectoral process from working in the interests of the majority.Ontario has electoral finance transparency, reasonable caps on campaign expenditures, andpublic subsidiaries that encourage broad political participation. However, it allows corporationsand trade unions to contribute to campaigns, does not apply caps on contributions that reflect themean income, does not regulate third party expenditure, and imposes minimal penalties againstcorporations and unions for electoral misconduct. This could allow third parties to have adisproportionate influence on the electoral discourse and election outcome. Additionally, highcontribution caps for third parties do not reflect the mean income; therefore, the funds forcandidates and parties might not be a sign of popular support. As is the case with Newfoundlandand Labrador, any of these areas can potentially prevent a fair and democratic election process inOntario. Foundation for Democratic Advancement | 2012 FDA Canadian Provinces Report 50
  • 51. Prince Edward IslandElectoral finance transparencyAre candidate and party finances transparent to the public?Are candidate and party finances only transparent to candidate and parties and not thepublic?Are candidate and party finances only transparent to the government? 2.0 out of 2.0 n/a n/aResearch findings: The Chief Electoral Officer has the authority to inspect the books, papers, and documents of registered parties and candidates (Election Expenses Act, Article 5). The Chief Electoral Officer may de-register a party that fails to comply with the Election Expenses Act (Election Expenses Act, Article 8). All documents filed the Chief Electoral Officer are public records and may be inspected and copied by any elector (Election Expenses Act, Article 10). Broadcasters and publishers must maintain political advertisement records for two years, and these records must be open to the public for inspection (Election Expenses Act, Article 13(4)). Official agents of registered parties and candidates must maintain proper records of all receipts and expenditures, and be responsible for financial statements including audit reports (Election Expenses Act, Article 15). Contributions from a single source in aggregate of $250 must include the name and address of the contributor (Election Expenses Act, Article 16). Every registered party and candidate shall have a licensed auditor who will produce a report based on financial statements (Election Expenses Act, Article 19). 120 days after an election, registered parties and candidates must produce a financial report of election expenses, which includes all expenses, receipts, vouchers etc. (Election Expenses Act, 20(1)). Before May 31 of each year, registered parties must file a record of contributions with the Foundation for Democratic Advancement | 2012 FDA Canadian Provinces Report 51
  • 52. Chief Electoral Officer (Election Expenses Act, Article 20(2)).Electoral contributions to candidates and partiesAre electoral contributions restricted to citizens?Are electoral contributions disallowed by foreigners, public institutions, and charities?Are anonymous electoral contributions set at a reasonable level? 0 out of 0.5 0.025 out of 0.5 0.5 out of 0.5Research findings: Individuals, corporations, and unions can contribute to registered parties and candidates (Election Expenses Act, Article 11). Unions are restricted to those that hold bargaining rights for employees of PEI. There are no provisions on corporations and individuals (Election Expenses Act, Definitions). Electoral law does not allow anonymous donations (Election Expenses Act, Article 13). There are no provisions on corporations and individuals, and therefore corporations and individuals outside of Prince Edward Island can contribute.Electoral caps on contributions to candidates and partiesAre there caps on contributions to candidates and parties?Are the caps on candidates and parties contributions reflective of mean total income?Are there caps on contributions by candidates to their own campaign?Are the caps on candidates own contributions reflective of mean total income? 0 out of 0.25 0 out of 1.0 0 out of 0.25 0 out of 0.5Research findings: The FDA researchers could find no caps on contributions. Foundation for Democratic Advancement | 2012 FDA Canadian Provinces Report 52
  • 53. Campaign expenditureAre there campaign expenditure limits on candidates and parties?If there are campaign expenditure limits on candidates and parties, are they attainable,reasonably, by all registered candidates and parties?Are there public subsidies or other financial instruments for candidates and parties?If there are public subsidies or other financial instruments, do they create an equal level ofcampaign finances for candidates and parties? 0.5 out of 0.5 1.0 out of 1.0 0.25 out 0.25 0.125 out of 0.5Research findings: Prince Edward Islands 2009 mean total income is $26,400 (Statistics Canada, 2011). Registered parties, including any individual or organization acting on their behalf, are restricted to $6.00 multiplied by the number of electors in each district where the party presents at least one candidate (Election Expenses Act, Article 18). Registered candidates, including any individual or organization acting on their behalf, are restricted to $1.75 multiplied by the number of electors in each district where the party presents at least one candidate (Election Expenses Act, Article 18). Registered candidates that receive at least 15% of the vote will receive .75 cents for each elector, subject to a minimum payment of $1,500 and a maximum payment of $3,000 (Election Expenses Act, Article 18). Registered parties holding one or more seat in the Legislative Assembly will receive an annual allowance from the provincial government. This amount is determined by the total number of votes cast for official candidates of the party multiplied by, but not exceeding, $2.00 (Election Expenses Act, Article 23). The FDA auditors determine that the public subsidies favour large, established political parties by requiring 15% of the vote and a seat in Legislature, ergo, grant a 25% score. 25% of .05 = 0.125Electoral caps on third partiesAre there caps on third party electoral spending?If there are caps on third party spending, are they restricted to citizens?If there are caps on third party spending, are they attainable, reasonably, by citizens? Foundation for Democratic Advancement | 2012 FDA Canadian Provinces Report 53
  • 54. Are there public subsidies or other financial instruments that help create an equal level of thirdparty spending? 0 out of .25 n/a n/a n/aResearch findings: Prince Edward Islands 2009 mean total income is $26,400 (Statistics Canada, 2011). The only provision the FDA identified for third parties is that third party electoral advertisements that are valued over $100.00 (whether a single advertisement or cumulative) that operate with the consent or knowledge of a registered party or candidate are considered contributions (Election Expenses Act, Article 13). Campaign advertising can only occur during the election period, although the legislation does not specify for third parties acting independent of registered parties and candidates (Election Expenses Act, Article 17).Legislative processIs legislative process to enforce the electoral finance laws?Is there an effective legislative process to enforce electoral finance laws? 0.25 out of 0.25 0.1875 out of 0.75Research findings: The FDA researchers found extensive legislation to enforce compliance with the Election Expenses Act. For example, there is maximum fine of $10,000 for corporations and unions, and $1,000 for individuals that violate this Act (Election Expenses Act, Articles 25-32). The Controverted Election Act outlines a detailed process for petitions against political corruption and illegal electoral acts. Articles 125-144 of the Election Act outline detailed legislation against election corruption and misconduct. The FDA determines a 25% score out 0.75 based on the minimal fines for contraventions Foundation for Democratic Advancement | 2012 FDA Canadian Provinces Report 54
  • 55. by corporation and trade unions, significantly lower than the national average, and due to a lack of prison sentences as a penalty for election misconduct. 25% of 0.75 = 0.1875Total score for the electoral fairness of electoral finance: 48.4 percent out of 100 percent.Analysis:Based on the FDA scoring scale (see Conclusion chapter) Prince Edward Island received afailing score of 48.4 percent. This means that Prince Edward Islands electoral finance legislationis systematically corrupt and supports a process that favours the interests of the minority over themajority.The FDA acknowledges that campaign expenditure limits should nullify the fact that there is nolimit to campaign contributions, however, this provision does not apply to third partyexpenditures and does little to offset third party spending. Despite the advantage of electoralfinance transparency and established caps on campaign expenditures, the FDA measured glaringdeficiencies in PEI’s legislation. Most notably, it does not regulate or prohibit third partycontributions and expenditures, it does not establish caps on campaign contributions, it allowspublic subsidies to favour large and established parties, and imposes minimal penalties forelectoral misconduct. Again, and as with several other Canadian provinces, this system couldallow third parties to have a disproportionate influence on electoral discourse and outcomes. Itcould easily misrepresent popular support for large and small political parties alike or allowlarger parties to control a majority of the financial resources from the province. Together, thiscould prevent a fair and democratic process in Prince Edward Island. Foundation for Democratic Advancement | 2012 FDA Canadian Provinces Report 55
  • 56. Québec:Electoral finance transparencyAre candidate and party finances transparent to the public?Are candidate and party finances only transparent to candidate and parties and not the public?Are candidate and party finances only transparent to the government? 2.0 out of 2.0 n/a n/aResearch Findings: Electoral finance transparency is tangible in the Québec electoral process. Financial reporting and election expenses follow strict guidelines, monitored closely, and are available for public examination (FDA researchers). Every party must appoint a qualified auditor and grant him/her full access to examine, review, and report on its finances to the Chief Electoral Officer (Election Act, Articles 107, 110, 111). Every political party or independent candidate wishing to collect contributions, incur expenses or obtain loans must have authorization from the Chief Electoral Officer (Election Act, Article 41). Contributions are deposited into an account at a Québec bank or financial service designated to the official party representative or authorized candidate (Election Act, Article 99). The Chief Electoral Officer has full access to the financial affairs and records of every registered party and independent candidate on demand. Parties and independent candidates must submit an annual financial report to the Chief Electoral Officer that must include all relevant expenditures, revenue, and income statements. This report must be accompanied by the auditor’s report and the information used to compile the report must be kept by the party for five years (Election Act, Articles 112-113, 116, 118). Financial reports must indicate relevant financial institutions and account numbers, the value and source of contributions, donations and loans, the total amount of sums transferred, etc. (Election Act, Article 115). The financial representative of each leadership candidate must file a return relaying its campaign expenses with the official party representative that s/he keeps for a period of Foundation for Democratic Advancement | 2012 FDA Canadian Provinces Report 56
  • 57. five years. This return is available to the Chief Electoral Officer upon request or within 120 days of the leadership vote (Election Act, Articles 127.16, 127.19). Financial representatives for leadership candidates must submit contribution slips to the Chief Electoral Officer on a weekly basis, where s/he will publish the information for public viewing. (Election Act, Article 127.9). If the party’s financial report filed after the due date, the leader of the party cannot sit or vote in the National Assembly until they file the report (Election Act, Article 127). Any independent candidate not elected must discharge all debts incurred during their election campaign by December 31 of the following year, otherwise s/he cannot run in the next election (Election Act, Article 125). The information contained in the reports, returns and documents is available to the public to examine and copy (Election Act, Article 126).Electoral contributions to candidates and partiesAre electoral contributions restricted to citizens?Are electoral contributions disallowed by foreigners, public institutions, and charities?Are anonymous electoral contributions set at a reasonable level? 0.5 out of 0.5 0.5 out of 0.5 0.5 out of 0.5Research Findings: Eligible voters are the only ones who can contribute to authorized political parties and candidates in Québec. Contributions include monetary donations and goods and services provided free of charge, and must be made voluntarily and without compensation or solicitation (Election Act, Article 87-88. 90, 92). The maximum amount for contributions to parties and candidates by each donor cannot exceed $1,000 per year, and must be paid to the Chief Electoral Officer. However, cash contributions less than $100 can be paid directly to an official party representative but must be recorded. When the Chief Electoral Officer receives a contribution, s/he will publish the information relating to both the donor and the amount on its website (Election Act, Articles 91, 93, 93.1). Before May 2011, only electors who donated over $200 were publicly identified. As from May 1, 2011, the surnames, given names, postal codes and cities of every individual who Foundation for Democratic Advancement | 2012 FDA Canadian Provinces Report 57
  • 58. donates any amount whatsoever to a political party is publicly identified (www.electionsquebec.qc.ca).Electoral caps on contributions to candidates and partiesAre there caps on contributions to candidates and parties?Are the caps on candidates and parties contributions reflective of mean total income?Are there caps on contributions by candidates to their own campaign?Are the caps on candidates own contributions reflective of mean total income? 0.25 out of 0.25 1.0 out of 1.0 0.25 out of 0.25 0.5 out of 0.5Research Findings: Québecs 2009 mean total income is $27,210 (Statistics Canada, 2011). The maximum amount for contributions to parties and candidates by each donor cannot exceed $1,000 per year, and must be paid to the Chief Electoral Officer. However, an official party representative can accept cash contributions less than $100 but must record the donation. When the Chief Electoral Officer receives a contribution, s/he will publish the information relating to both the donor and the amount on its website (Election Act, Articles 91, 93, 93.1). Volunteer work, bank loans, membership dues, media coverage outside of an election period, and other authorized transfers of funds do not constitute a contribution (Election Act, Article 88). The Chief Electoral Officer must return, when possible, any contribution it deems unacceptable to the donor. The party representative or candidate must turn over unacceptable contributions to the Chief Electoral Officer. If the contributor’s identity is unknown, the Minister of Finance receives the funds (Election Act, Article 100). The maximum contribution permitted by electors to political parties was lowered from $3,000 in 2009 to $1,000 on 1 January 2012. The 2010 reports revealed a 23.2% drop in contributions to political parties from the previous year. In addition, political parties received $8,122,207 from the provincial treasury in that same year (19 June 2011 www.democracylawblog.ca). Before May 2011, only electors who donated over $200 were publicly identified. As from May 1, 2011, the surnames, given names, postal codes and cities of every individual who Foundation for Democratic Advancement | 2012 FDA Canadian Provinces Report 58
  • 59. donates any amount whatsoever to a political party is publicly identified (www.electionsquebec.qc.ca).Campaign expenditureAre there campaign expenditure limits on candidates and parties?If there is campaign expenditure limits on candidates and parties are they attainable, reasonably,by all registered candidates and parties?Are there public subsidies or other financial instruments for candidates and parties?If there are public subsidies or other financial instruments, do they create an equal level ofcampaign finances for candidates and parties? 0.5 out of 0.5 1.0 out of 1.0 0.25 out 0.25 0.5 out of 0.5Research Findings: Public financing for political parties and candidates takes several forms in Québec, ranging from an annual allowance, partial reimbursement of election expenses and tax credits for contributions made by electors (www.electionsquebec.qc.ca). Each registered political party receives an annual allowance determined by the Chief Electoral Officer. The amount is calculated “by dividing between the authorized parties, proportionately to the percentage of the valid votes obtained by them at the last general election, a sum equal to the product obtained by multiplying the amount of $0.85 by the number of electors entered on the lists of electors used at that election”. The amount is adjusted annually, and published by the Chief Electoral Officer for public viewing. The allowance is used to cover expenses required to carry out party functions. Related receipts and invoices must be held by the party for two years and be made available at any time to the Chief Electoral Officer and the public for review (Election Act, Article 81-84, 86). From January 1 to December 31, 2010, a total of $2,866,988 was paid in allowances to the official representatives of registered political parties (www.electionsquebec.qc.ca). Any costs to promote or oppose the election of a candidate, to propagate or oppose party policies, and to approve or oppose party acts during an election period are considered election expenses (Election Act, Article 402). The following are not election expenses: the cost of publishing articles, news etc. in any publication provided they are published without payment; the cost of broadcasting a program of public affairs, news or commentary, provided it is broadcast without payment; Foundation for Democratic Advancement | 2012 FDA Canadian Provinces Report 59
  • 60. leadership selection activities, not exceeding $4,000 and cannot include publicity; reasonable personal, travel, and transportation expenses for election purposes; reasonable expenses incurred for the operation of no more than two permanent party offices; interest accrued on a loan for election expenses ... (Election Act, Article 404). During an election period, broadcasters and print media can make air time or space in a publication available to parties and candidates free of charge, provided the offer is extended equally to all candidates of the same electoral division or to all party leaders in the National Assembly that obtained at least 3% of votes in the last general election (Election Act, Article 423). Party expenses during an election cannot exceed $0.69 per elector for all the electoral divisions where that party presents a candidate. Election expenses for each candidate cannot exceed $1.19 per elector during a general election. These amounts are adjusted annually according to the Consumer Price Index for Québec provided by Statistics Canada. The Chief Electoral Officer publishes the results of any adjustment in the Gazette officielle du Québec (Election Act, Article 426). The Chief Electoral Officer will reimburse elected candidates who garnered at least 15% of the vote and each political party that garnered at least 1% of the vote an amount equal to 50% of the election expenses incurred and paid. This amount cannot exceed the maximum amount outlined in Article 426 (Election Act, Articles 457, 457.1).Electoral caps on third partiesAre there caps on third party electoral spending?If there are caps on third party spending, are they restricted to citizens?If there are caps on third party spending, are they attainable, reasonably, by citizens?Are there public subsidies or other financial instruments that help create an equal level of thirdparty spending? 0.25 out of 0.25 0.5 out of 0.5 0.25 out of 0.25 0.25 out of 0.25Research Findings: Québecs 2009 mean total income is $27,210 (Statistics Canada, 2011). Québec’s Act prohibits third party spending from legal persons, for example, corporations, unions, and interest groups. The Act reserves contributions to candidates and parties for electors and limits this amount to $3,000* per year to each party Foundation for Democratic Advancement | 2012 FDA Canadian Provinces Report 60
  • 61. (www.electionsquebec.qc.ca). (*This amount was lowered to $1,000 per year in the latest revision used for this report.) “A private intervenor is an elector or a group of electors planning to incur publicity expenses during an election period, without directly promoting or opposing a candidate or a party, to either make known his/its views on a matter of public interest or win support for such views, or to advocate abstention or the spoiling of ballots.” (www.electionsquebec.qc.ca.) Only qualified electors or groups not endowed with legal may apply for the required authorization as a private intervenor. Political parties without a running candidate can present a private intervenor upon notice to the Chief Electoral Officer (Election Act, Article 457.2). An individual elector who applies for authorization must provide personal information (name, address, date of birth), declare that s/he does not intend to promote or oppose any candidate or party, explain the matter of public interest or viewpoint s/he seeks to promote, declare that s/he is not a member or acting on behalf of any party or candidate, etc. The applicant must take an oath to comply with all related legal provisions (Elections Act, Article 457.3). A group that applies for authorization must indicate the name, address, and telephone number of its leaders or representatives, provide the approximate number of members in the group, declare that it does not intend to promote or oppose any candidate or party, explain the matter of public interest or viewpoint it seeks to promote, declare that it is not acting on behalf of any party or candidate and that the representative is not a member of any party etc. (Election Act, Article 457.4). A private intervenor cannot incur expenses, individually or in association with another person or group, that do not reflect the stated purpose of the application, or that promote or oppose a candidate or party (Election Act, Articles 457.13, 457.14). Individual private intervenors must finance activities from their own funds. For a group that is a private intervenor, only the representative can incur expenses on its behalf. Any expense over $25 requires an itemized invoice indicating the good or service and the cost. Intervenors must draw payment from an account in a bank or financial service that has an office in Québec (Election Act, Articles 457.15, 457.16, 457.17). Private intervenors must file a report of all expenses, including invoices, receipts, vouchers and documents with the Chief Electoral Officer within 30 days of the election (Election Act, Article 457.18). The only expenses that a private intervenor can incur during the election period mustFoundation for Democratic Advancement | 2012 FDA Canadian Provinces Report 61
  • 62. relate to advertising and cannot exceed $300 (www.electionsquebec.qc.ca). The Chief Electoral Officer can, on his/her own initiative or on an application, withdraw the authorization of a private intervenor (Election Act, Article 457.20).Legislative processIs there a reasonable legislative process to enforce electoral finance laws? 0.25 out of 0.25 0.75 out of 0.75Research Findings: The Chief Electoral Officer reviews the returns and may correct them or pronounce them insufficient and demand additional payment. S/he informs the official agent of this decision, who has the right to contest the claim (Election Act, Article 440). If the return is not filed within the time limit, the candidate or party leader is disqualified from sitting or voting in the National Assembly until the return is filed (Election Act, Article 442). The Chief Electoral Officer is sees to the administration of the Election Act. S/he carries out mandates by the National Assembly and can consult with the Government about legislation relating to elections. Individually or with an advisory committee, s/he can conduct analysis, assessment, and studies of electoral procedures, conduct, and financing (Election Act, Article 485). In terms of financing and control of election expenses, the Chief Electoral Officer authorizes parties and candidates, verifies their compliance with the Act, receives and examines financial reports and returns, receives and examines contributions, and ensures the legality of expenditures, contributions, and expenses (Election Act, Article 487). During leadership campaigns, the Chief Electoral Officer verifies legal compliance of the candidates, receives and examines reports and returns, and ensures the legality of contributions and expenses (Election Act, Article 487.1). The Chief Electoral Officer provides any applicant with information and guidance relating to the administration of the Election Act; provides public access to information relating to the Act, whether through publication or public meetings; and trains and informs candidates and their representatives (Election Act, Article 488). Any official agent, representative, or financial representative of a leadership candidate Foundation for Democratic Advancement | 2012 FDA Canadian Provinces Report 62
  • 63. who exceeds the prescribed limits for election expenses, files a false report, return, invoice or the like, is subject to a fine between $5,000 and $20,000. Any private intervenor that makes a false declaration or files a false report or invoice is subject to a fine between $1,000 and $10,000 (Election Act, Articles 559, 559.0.1, 550.0.2). Any candidate or party leader who allows election expenses to contravene this Act is subject to a fine between $5,000 and $20,000 (Election Act, Article 560). Any individual who solicits, collects, or incurs expenses without authorization from the Chief Electoral Officer is subject to a fine between $5,000 and $20,000, or in the case of a “legal person”, between $10,000 and $50,000 (Election Act, Article 561). Any member of the National Assembly who sits or votes contrary to section 127 or 442 is subject to a fine of $500 for each day they do so (Election Act, Article 562). Anyone who contravenes any of sections 62, 66, 74, 76, 92, 93, 95, 96, 97, 99, 102 to 106, 127.1, 127.2 and 127.4, the second paragraph of section 127.7, the third paragraph of section 127.8, sections 127.10, 408, 410, 416 to 420, 422 to 424, 457.2, 457.9 and 457.11 to 457.17, and the first paragraph of section 127.8 and section 127.11 to the extent that they refer to any of those sections is liable to a fine of $500 to $10,000 (Election Act, Article 564). An elector who make false statements about personal contributions or anyone who threatens or coerces an elector to make a contribution are subject to a fine between $5,000 and $20,000 for a first offence and $10,000 to $30,000 for any subsequent offence within 10 years. If convicted, a judge can demand an additional fine to twice the amount of the illegal contribution even if the maximum fine was imposed (Election Act, Article 564.1). A person who contravenes or attempts to contravene any of sections 87 to 91, 100, 127.5, 127.6, the first and third paragraphs of section 127.7, sections 413 to 415, 429 and 429.1, and the first paragraph of section 127.8 and section 127.11 to the extent that they refer to any of those sections subject to a fine between $5,000 and $20,000 for a first offence and a fine of $10,000 to $30,000 for any subsequent offence within 10 years, or to a fine of $10,000 to $50,000 for a first offence and a fine of $50,000 to $200,000 for any subsequent offence within 10 years, in the case of a “legal person”. If a person is convicted of an offence for contravening or attempting to contravene any of sections 87, 90 and 91, the first and third paragraphs of section 127.7, and section 127.8 to the extent that it refers to any of those sections, a judge can demand an additional fine to twice the amount of the illegal contribution even if the maximum fine was imposed (Election Act, Article 564.2). The FDA auditors determine 100% score out of 0.75 because of the high fines on corporations and legal persons of $200,000 or more and high fines on individuals up toFoundation for Democratic Advancement | 2012 FDA Canadian Provinces Report 63
  • 64. $30,000 or more. These fines are well above the national averages.Total score for the electoral fairness of electoral finance: 100 percent out of 100 percent.Analysis:Based on the FDA scoring scale, Québec received a 100 percent score, which is the highestattainable score. The score means that the electoral finance legislation is working completely inthe interests of the people of Québec, as opposed to for minority or special interests. The FDAauditors measured zero deficiency in Québecs legislation, and therefore the FDA believes it ismodel legislation for the rest of Canadas provinces. Foundation for Democratic Advancement | 2012 FDA Canadian Provinces Report 64
  • 65. Saskatchewan:Electoral finance transparencyAre candidate and party finances transparent to the public?Are candidate and party finances only transparent to candidate and parties and not the public?Are candidate and party finances only transparent to the government? 2.0 out of 2.0 n/a n/aResearch Findings: Parties must register in order to incur election expenses or receive contributions (Election Act, Article 223). A candidate’s campaign finances include expenses such as meals and accommodations during an election. Contributions are gifts, loans, advances, deposits and all other forms of assistance. Election expenses are any goods and services used to promote a party or candidate, including any candidate salary and interest accrued on loans and lines of credit (Election Act, Article 220). Upon registering, candidates must declare a business manager and an auditor; parties must declare an auditor and a chief official agent and release an audited statement of all assets and liabilities (Election Act, Articles 44 and 222). An auditor must be in good standing with auditing organizations in Saskatchewan, and must subscribe to auditing principles in their work (Election Act, Article 222). The auditor of a party must report receipts and expenses to the partys chief official agent, and may examine any discrepancies perceived. Auditors must make note of discrepancies in this report and have access to relevant documents pertaining to these actions. The auditor for a candidate has the same rights and responsibilities (Election Act, Articles 237 and 238). A partys chief official agent must ensure that a chartered bank, trust, loan corporation or credit union keep party accounts. They must also keep records of a partys contributions, contributors, bills, invoices, vouchers and receipts and ensure necessary reports, returns and documents are filed with the Chief Electoral Officer. A candidates business manager must do the same for the candidate (Election Act, Articles 235 and 236). Each partys chief official agent must file a return with the Chief Electoral Officer, with Foundation for Democratic Advancement | 2012 FDA Canadian Provinces Report 65
  • 66. contribution overviews, receipts and expenses for the fiscal year, minus election expenses incurred. Within six months of polling day, a separate return is required concerning election expenses, including an overview of the amount of money expended and commercial value of any donated goods (Election Act, Articles 250-251). Within three months of polling day, each candidates business manager must file with the returning officer a return covering election expenses and contribution overviews (Election Act, Article 261). The Chief Electoral Officer must supply copies or extracts of any returns which candidates or parties are required to register with the officer, to any member of the public when requested. Returns must be provided during the office hours of the Chief Electoral Officer, at a fee equaling the cost of copy or extraction if necessary (Election Act, Article 232). A returning officer must make copies of all expense returns submitted to the Chief Electoral Officer, and make copies available for public viewing during the office hours of the returning officer for a minimum of six months after filing. The Chief Electoral Officer must retain all such returns for two years. In addition, the Chief Electoral Officer must publish a summary of candidates receipts and expenses in the Gazette (Election Act, Article 262).Electoral contributions to candidates and partiesAre electoral donations/contributions restricted to citizens?Are electoral donations/contributions disallowed by foreigners, public institutions, and charities?Are anonymous electoral donations/contributions set at a reasonable level? 0 out of 0.5 0.075 out of 0.5 0.2 out of 0.5Research Findings: Contributions can only be made from ones own funds (Election Act, Article 239). An agent may be used for one to contribute to a party. The business manager or chief official agent who receives contributions from an agent must clarify the contributors identity, and disclose this information in any documents requiring contributor identity (Election Act, Article 240). Parties and candidates cannot accept contributions from non-Canadian residents, unless said contributors are Canadian citizens living abroad (Election Act, Article 242). Foundation for Democratic Advancement | 2012 FDA Canadian Provinces Report 66
  • 67. Election law allows contributions from individuals, corporations, trade unions and other groups (Election Act, Articles 250 and 261). Legislation does not allow anonymous contributions in excess of $250. A donation received from an agent where the contributor is not identified is deemed an anonymous donation. Excess donations are forfeited to the Crown, and the circumstances of reception and amount received are forwarded in a report to the Chief Electoral Officer (Election Act, Article 241). The FDA did not find legislation that prohibits contributions from charities or public institutions, or out of province corporations and trade unions. The FDA auditors assume that out-of-province corporations could have a significant impact on electoral finance. The 0.075 score reflects the restriction on out-of-province residents from contributing. 15% of 0.5 = 0.075Electoral caps on contributions to candidates and partiesAre there caps on contributions to candidates and parties?Are the caps on candidates and parties contributions reflective of mean total income?Are there caps on contributions by candidates to their own campaign?Are the caps on candidates own contributions reflective of mean total income? 0 out of 0.25 0 out of 1.0 0 out of 0.25 0 out of 0.5Research Findings: The FDA researchers found no caps on contributions. Elections Saskatchewan supports this (2011b).Campaign expenditureAre there campaign expenditure limits on candidates and parties?If there are campaign expenditure limits on candidates and parties, are they attainable,reasonably, by all registered candidates and parties?Are there public subsidies or other financial instruments for candidates and parties?If there are public subsidies or other financial instruments, do they create an equal level of Foundation for Democratic Advancement | 2012 FDA Canadian Provinces Report 67
  • 68. campaign finances for candidates and parties? 0.5 out of 0.5 1.0 out of 1.0 0.25 out 0.25 0.25 out of 0.5Research Findings: Saskatchewans 2009 mean total income is $30,430 (Statistics Canada, 2011). The Saskatchewan Consumer Price Index, as published by Statistics Canada, determines the adjusted amounts for expenditure limits. At the beginning of each year, the Chief Electoral Officer determines the adjusted amounts, provides this information to all registered parties, and publishes this information in the Gazette (Election Act, Article 221). The expenditure limit for a party, official agent for a party and any individual working for the official agent, taken together, is the adjusted amount of $673, 783 ($908, 093 in 2009) for a general election. For any other election, the expenditure limit for a candidate in the constituencies of Athabasca or Cumberland is the adjusted amount of $39, 082 ($52, 674 in 2009), and the greater of the adjusted amount of $32, 567 ($43, 833 in 2009) or $2.60 ($3.52 in 2009) multiplied by the number of names on the eligible voters list, for all other constituencies. An additional adjusted amount of $195, 407 ($263, 360 in 2009) may be incurred by a partys organization, candidates or Members of The Legislative Assembly for advertising expenses during a fiscal year using party funds (The Constituency Boundaries Act, Articles 12 and 14; Election Act, Article 243, Elections Saskatchewan, 2011a) The electoral expenditure limit for candidates, their business managers and anyone working under their authority is the greater of adjusted amount of $52, 108 ($70, 230 in 2009) or the adjusted amount or $5.21 ($7.00 in 2009) multiplied by the number of names on the eligible voters list in the constituency, for the constituencies of Athabasca and Cumberland. For those in all other constituencies, the limit is the greater of the adjusted amount of $39, 082 ($52, 674 in 2009) or the adjusted amount of $2.60 ($3.52 in 2009) multiplied by the number of names on the eligible voters list in the constituency. Campaign expenses may be included or excluded from election expenses. Campaign expenses may or may not be included as part of filing election expenses (The Constituency Boundaries Act, Articles 12 and 14; Election Act, Article 252; Elections Saskatchewan, 2011a). Parties which receive at least 15% of valid votes in an election, and who file their expenses with the returning officer within the three months following polling day, are Foundation for Democratic Advancement | 2012 FDA Canadian Provinces Report 68
  • 69. eligible to have 50% of lawful election expenses reimbursed by the Minister of Finance. Candidates who receive at least 15% of valid votes in their riding, and who file their expenses with the returning officer within the three months which follow polling day, are eligible to have 60% of their lawful election expenses reimbursed by the Minister of Finance (Election Act, Articles 264). The FDA auditors determine that the established public subsidies of 50% and 60% of electoral expenses if parties or candidates garner 15% of the vote are insignificant in creating an equal financial playing field for these political actors. The score of 0.25 out of 0.5 reflects a 50% deduction for not providing public subsidies to small and new parties.Electoral caps on third partiesAre there caps on third party electoral spending?If there are caps on third party spending, are they restricted to citizens?If there are caps on third party spending, are they attainable, reasonably, by citizens?Are there public subsidies or other financial instruments that help create an equal level of thirdparty spending? 0 out of 0.25 n/a n/a n/aResearch Findings: The FDA Researchers found no caps on contributions to third parties.Legislative processIs legislative process to enforce the electoral finance laws?Is there an effective legislative process to enforce electoral finance laws? 0.25 out of 0.25 0.375 out of 0.75Research Findings: The Saskatchewan Election Act contains extensive sections pertaining to election offences and corrupt practices (Election Act, Article 180-219) If a person contravenes any part of the Election Act, they are penalized in accordance with the provisions of the Act and liable for a maximum of two years imprisonment or a Foundation for Democratic Advancement | 2012 FDA Canadian Provinces Report 69
  • 70. fine no greater than $5000 if no specific penalty is given. The law determines that all prosecutions be carried out within two years of the offence being committed (Election Act, Articles 216 and 219). The fines are below the national averages, and the prison times are above the national average. Due to this inconsistency, the FDA determines a 50% deduction. 50% of 0.75 = 0.375Total score for the electoral fairness of electoral finance: 49 percent out of 100 percent.Analysis:Based on the FDA scoring scale (see Conclusion section), Saskatchewan received a failing scoreof 49 percent. This means that Saskatchewans electoral finance legislation is systematicallycorrupt and favours minority interests over the provincial majority.In many ways, its legislation resembles that of Prince Edward Island and shares similar flaws.The most prominent deficiency is the lack of provincial regulation for third parties, which asmentioned, can lead to a disproportionate influence on electoral discourse. In addition, publicsubsidies are not adequate to create an equal playing field for candidates and parties. An absenceof caps on contributions cannot guarantee that the funding received by parties and candidatesrepresents popular support. Finally, minimal penalties against corporations and trade unions forelectoral misconduct are not an effective method against these contraventions. Foundation for Democratic Advancement | 2012 FDA Canadian Provinces Report 70
  • 71. Chapter Five: Overall Audit ResultsChapter five will show the FDA’s overall audit scores for the provincial electoral financelegislation.1. Québec (100 percent)2. Manitoba (85.1 percent)3. Nova Scotia (77.4 percent)4. New Brunswick (72.1 percent)5. Ontario (66.3 percent)6. Newfoundland and Labrador (51.3 percent)7. British Columbia (49.1 percent)8. Saskatchewan (49 percent)9. Prince Edward Island (48.4 percent)10. Alberta (47.7 percent) Foundation for Democratic Advancement | 2012 FDA Canadian Provinces Report 71
  • 72. Chapter Six: AnalysisChapter six will provide an overall analysis of the FDA’s findings.According to the FDA evaluation, six of Canada’s provinces received a passing score; however,only four received acceptable scores or better. This means that six provinces receivedunacceptable scores after rating their electoral financial legislation.The mean score for Canadas provinces is an unacceptable (passing) score of 64.6 percent.The evaluation revealed that four provinces, Alberta, British Columbia, Prince Edward Island,and Saskatchewan are in a failed state of democracy for electoral financial legislation. However,these provinces are between 0.9 percent and 2.3 percent from unacceptable, yet passing scores,and between 20.9 percent and 22.3 percent from an acceptable passing score of 70 percent.Ontario is 3.7 percent from an acceptable passing score.The FDA determined that the main deficiencies in provinces with unacceptable scores are theinclusion of third parties as electoral contributors of campaign funds. The FDA believes that thisinclusion creates in inequity by favouring corporations, for example, over individuals. Provincesthat allowed corporations to contribute had higher caps on contributions and higher expenditurelimits on third party spending than provinces that did not. For example, Alberta has a $30,000contribution limit to parties during an election year, while Québec has $1,000 contribution limitduring an election year. As to third party expenditures, Alberta has a $30,000 expenditure limit inan election year while Québec has a $1,000 expenditure limit for the same period.Interestingly, this pattern of increased caps and limits when corporations are included in theelectoral process does not apply to the legislative process regarding electoral misconduct. Forexample, Alberta has a $10,000 maximum general fine for corporations that violate electoralfinancial provisions whereas Québec has a $50,000 maximum general fine for corporations onfirst offense, and on second offense, a $200,000 maximum fine.With a score of 100 percent, the FDA views Québecs electoral finance legislation as completelyfair, and therefore, the FDA does not recommend reform in this arena. This is a very positiveresult for Canada. It demonstrates an exceptional standard of electoral legislation, proves that ademocratic process is attainable, and provides a model that other provinces can emulate. Foundation for Democratic Advancement | 2012 FDA Canadian Provinces Report 72
  • 73. Provinces Finance No Corps and Low Caps on Caps on Public Low Transparency Unions Contributions Campaign Subsidies Caps Contributions Expenditure create on equal Third playing Party field Expend ituresAlberta *47.7%British *Columbia49.1%Manitoba * * * * *85.1%Newfoundland * *and Labrador51.3%New * * * *Brunswick72.1%Nova Scotia * * * *77.4%Ontario * *66.3Prince Edward * *Island48.4%Québec * * * * * *100%Saskatchewan * *49%The table captures the main variances in the provinces electoral finances legislation (Foundationfor Democratic Advancement, 2012). Foundation for Democratic Advancement | 2012 FDA Canadian Provinces Report 73
  • 74. Provincial Electoral Finance Fairness Scores Adjusted by population100.0% 90.0% 80.0% 70.0% 60.0% Electoral Finance Fairness Score 50.0% Canada Population % 40.0% Population-weighted score 30.0% 20.0% 10.0% 0.0% Quebec Manitoba Nova Scotia New Brunswick Ontario Newfoundland British Saskatchewan Prince Edward Alberta & Labrador Columbia IslandThe bar chart captures the electoral finance fairness scores based on the percentage of Canadaspopulation: 32.2% of the population is in an acceptable (passing) or better zone of electoralfinance fairness, 40.3% of the population is in an unacceptable (passing) zone, 27.5% of thepopulation is in unacceptable (failed) zone of electoral finance fairness, and 67.8% of thepopulation is in an unacceptable (passing) or worse zone of electoral finance fairness(Foundation for Democratic Advancement, 2012). Foundation for Democratic Advancement | 2012 FDA Canadian Provinces Report 74
  • 75. The pie chart captures the provincial electoral finance grade scores based on percentage ofCanadas population (Foundation for Democratic Advancement, 2012). Foundation for Democratic Advancement | 2012 FDA Canadian Provinces Report 75
  • 76. Provincial Electoral Finance Scores Vs. Mean Incomes $40,000 100% 90% $35,000 80% $30,000 70% $25,000 60% $20,000 50% 40% $15,000 30% $10,000 20% $5,000 10% $- 0% Electoral Finance Fairness Score (%) Mean Income($) Unionization RateThe bar chart demonstrates that there is no correlation between the electoral finance score andmean income (Foundation for Democratic Advancement, 2012). Foundation for Democratic Advancement | 2012 FDA Canadian Provinces Report 76
  • 77. The map shows the geographic distribution of electoral finance scores. Note the threewesternmost provinces are all in the failing zone for fairness in their electoral finance legislation.This map is strictly a geographic illustration, and it is not meant to indicate how muchpopulations are affected by the electoral finance scores (Foundation for DemocraticAdvancement, 2012). Foundation for Democratic Advancement | 2012 FDA Canadian Provinces Report 77
  • 78. Chapter Seven: ConclusionChapter seven will provide a conclusion based on the FDA’s findings and analysis.According to its evaluation, the FDA determined that Canadas provinces performed poorly withan unacceptable mean score of 64.6 percent. Four of the provinces, Alberta, British Columbia,Prince Edward Island, and Saskatchewan are in urgent need of electoral finance reform. Two ofthe provinces, Ontario and Newfoundland and Labrador require electoral finance reform. Threeother provinces, New Brunswick, Nova Scotia, and Manitoba have room for reform, but it isneither necessary nor required. Québec is the only province that does not require electoralfinance reform.The FDA measured systematic corruption in Alberta, British Columbia, Prince Edward Island,and Saskatchewan. Without a transformation in the electoral system, the parties and candidates inthese provinces will not likely arrive in power, nor take direction, from the provincial majority.However, it is unclear to the FDA how this reform can take place. The FDA anticipates that aninformed public on this issue will elect parties and candidates that they trust will act in theirinterests and demand changes in the legislation that will facilitate this outcome. Fortunately,Québec provides an exceptional benchmark for electoral finance legislation and demonstratesthat the ideal can function effectively and realistically in a democracy. Foundation for Democratic Advancement | 2012 FDA Canadian Provinces Report 78
  • 79. FDA Scoring Scales Score Range 2012 Scores A+ 85% to 100% Québec: 100% Manitoba 85.1% Exceptional democratic 100% maximum scoreprocess and reasonably attainable A 80% to 84.99% n/a Outstanding democratic process B+ 75% to 79.99% Nova Scotia 77.4% Very good democratic process B 70% to 74.99% New Brunswick 72.1%Acceptable democratic process D to C+ 50% to 69.99% Ontario 66.3% Newfoundland and Unacceptable democratic Labrador 51.3% process (many deficienciesand/or major deficiencies in the electoral legislation) F 0% to 49.99% British Columbia 49.1% Unacceptable, failed 0% minimum score Saskatchewan 49% democratic process Prince Edward Island 48.4% Alberta 47.7%Foundation for Democratic Advancement (2012) Foundation for Democratic Advancement | 2012 FDA Canadian Provinces Report 79
  • 80. Chapter Eight: RecommendationsChapter eight will set out the FDA’s recommendations on how to improve the provincialelectoral finance legislation.The FDA recommends that Canada’s provinces emulate Québec’s electoral finance legislation.The FDA auditors found zero deficiency in Québecs electoral financial legislation and believethat it is a critical aspect of the electoral process and reflective of the interests of the people ofQuébec. The FDA audit only captures systematic corruption as opposed to any other forms ofcorruption. Any system, no matter how advanced, is susceptible to other forms of corruption. TheFDA is convinced that the Québecs electoral finance laws are optimal in terms of fairness anddemocracy.To ignore or dismiss the exceptional standard set by Québec is to act contrary to democracy.For a summary of the main legislative findings on Québec electoral finance process see pages 57to 65 of this report. Foundation for Democratic Advancement | 2012 FDA Canadian Provinces Report 80
  • 81. ReferencesConstituency Boundaries Act, Statutes of Saskatchewan. (1993, c-27.1). Retrieved March 26, 2011 from http://www.publications.gov.sk.caControverted Elections (Provincial) Act. (for PEI). Retrieved from Elections PEIs website: http://www.gov.pe.caElection Act, Revised Statutes of British Columbia. (1996, c.106). Retrieved March 26, 2011 from http://www.bclaws.caElection Act, Revised Statutes of Alberta. (2000, c. E-1). Retrieved from the Service Alberta website: http://www.qp.alberta.caElection Act. (for PEI). Assented to on May 2, 1996. Retrieved from Elections PEIs website: http://www.gov.pe.caElection Act (for Québec).General Election Information for Québec: www.electionsquebec.qc.caElection Act, Statutes of Saskatchewan. (1996, c.E-6.01). Retrieved March 26, 2011 from http://www.publications.gov.sk.caElection Finances Act, Revised Statutes of Ontario. (1990, c.E-7). Retrieved March 26, 2011 from http://www.e-laws.gov.on.caElection Financing Manual. (for New Brunswick). (May 12, 2010). Retrieved from Elections New Brunswick: http://www.gnb.caElections Act. (for Newfoundland and Labrador). Assented to June 2, 1992. Retrieved from Elections Newfoundland and Labrador website: http://www.assembly.nl.caElections Act. (for Nova Scotia). As amended by 2011 c.60. Retrieved from Elections Nova Scotias website: http://www.electionsnovascotia.caElections Alberta. (2009). “2008 Annual Report of the Chief Electoral Officer: The Electoral Finances and Contributions Disclosure Act for the Calendar Year 2008.” Retrieved from the Elections Alberta website: http://www.elections.ab.caElections British Columbia (n.d.). Frequently Asked Questions. Retrieved March 26, 2011 from http://www.elections.bc.ca Foundation for Democratic Advancement | 2012 FDA Canadian Provinces Report 81
  • 82. Elections Ontario. (2011a). Official Return From The Records Brampton-Springdale. Retrieved March 26, 2011 from http://www.elections.on.caElections Ontario (2011b) Official Return From The Records Kenora-Rainy River. Retrieved March 26, 2011 from http://www.elections.on.caElections Saskatchewan. (2011a). Contributions. Retrieved March 26, 2011 from http://www.elections.sk.ca/finance/contributionsElections Saskatchewan. (2011b). Expenditures and Election Expense Limits. Retrieved March 26, 2011 from www.elections.sk.ca/finance/expenditures-election-expense-limitsEssensa, G. (2009) Parliamentary Notice of the Indexation Factor. Retrieved March 26, 2011 from http://www.elections.on.ca/en-ca/candidatesandpartiesPolitical Process Financing Act. (for New Brunswick). (Current since February 26, 2010). Retrieved from http://www.canlii.org/en/nb/lawsStatistics Canada. (2011). Individuals by total income level, by province and territory. Retrieved March 26, 2011 from http://www40.statcan.caThe Elections Act. (for Manitoba). (Assented to on June 13, 2010). Retrieved from the Government of Manitobas website: http://web2.gov.mb.ca/laws/statutesThe Elections Expenses Act. (for PEI). Retrieved from Elections PEIs website: http://www.gov.pe.ca/law/statutesThe Elections Finances Act (for Manitoba). (C.C.S.M. c. E32, in effect since June 16, 2011). Retrieved from the Government of Manitobas website: http://web2.gov.mb.ca/laws/statutes Foundation for Democratic Advancement | 2012 FDA Canadian Provinces Report 82
  • 83. Definition of Key Terms:The Foundation for Democratic Advancement characterized the following definitions:Electoral fairness refers to the impartiality and equitability of election law before, during, andafter an election period. In the context of the Audit, electoral fairness involves concepts relatingto political content in the media, candidate and party influence, electoral finance, and voterinfluence. In particular, this includes evaluating impartiality and balance of political content inthe media, equitable opportunity and ability for registered candidates and parties to influencevoters and government, equitable electoral finance laws, and equitable opportunity and ability forvoters to voice political views and/or influence the outcome of an election.Electoral fairness does not entail bias through for example legislation which gives a concreteelectoral advantage to one registered party over another, or legislation that allows equitableaccess to media without facilitating equal opportunity to take advantage of equal access. Incontrast, electoral fairness would include a broad, balanced diffusion of electoral propaganda byregistered political parties during the campaign period, equal campaign finances (beyond equalexpenditure limits) for all registered parties according to the number of candidates endorsed, andthe registration of parties based on reasonable popular support (rather than financial deposit orunreasonable popular support).Electoral fairness in any democratic process must include an equal playing field for registeredparties and candidates, distinguishable by voters according to a clear political platform, and abroad and balanced political discourse in where information about electoral choices are clear andavailable to the voting public.Electoral finance refers to electoral finance laws applied to registered candidates and partiesbefore, during, and after an election period. Electoral finance also encompasses campaignfinance which is restricted to the campaign period.In the context of the FDA electoral fairness audit, electoral finance includes:· Caps on electoral contributions (or the lack of).· Caps on candidate and party electoral expenditures (or the lack of).· Procedures for financial disclosure and reporting of candidate and party electoral finances.· Procedures for the handling of electoral contributions by registered candidates and parties.· Public electoral subsidies (or the lack of).· Laws on who can make electoral contributions.· Laws for third party electoral expenditure (or the lack of).· Rules for electoral deposits by registered candidates and parties.Electoral finance does not include non-financial laws, regulations, procedures etc. such as laws Foundation for Democratic Advancement | 2012 FDA Canadian Provinces Report 83
  • 84. on candidate and party access to media, political right laws like freedom of speech and assembly,rules on right of reply in the media, laws on the political content of media, and laws on voterassistance.(Foundation for Democratic Advancement, 2012). Foundation for Democratic Advancement | 2012 FDA Canadian Provinces Report 84
  • 85. Research MethodologyMethodology of the Electoral Finance Audit:The FDA research methodology is rooted in non-partisanship and the political concepts ofegalitarianism and liberalism. A non-partisan approach allows the FDA to remain as objective aspossible.Egalitarianism is part of the FDA methodology from the standpoint of political equality (orneutrality), in which each person has one vote of equal value. The FDA also extends politicalequality into non-election and election periods, demanding a relatively equal playing field forregistered candidates and parties and broad and balanced political discourse. The FDA believesthat political equality is a core component of democracy, whereby electoral legislation is neutralfor all candidates and parties, the value of a vote is same for all eligible voters, and candidatesand parties have an opportunity to disseminate their of political view points in a reasonablybalanced manner. The FDA recognizes that complete political equality is not attainable, butassumes that a reasonable state of political equality is possible.Liberalism is part of the FDA methodology from the standpoint of political freedom, andprogress, innovation, and reform through that freedom. The FDA believes that political freedomis also a core component of democracy, whereby candidates and parties, citizens, and mediapersons are permitted to express their political views.The FDA believes that the union of freedom and equality, an essential part of democracy, meanscompromise for the greater democratic good of society and political freedom within the boundsof political equality.Based on its research of international electoral systems and study of fundamental democraticconcepts, the FDA believes that optimal democracy results from a balance of freedom andequality. Too much freedom can allow the most powerful (or wealthy) to dominate politically,and too much equality can weaken individual freedoms to a point that impedes progress andinnovation. The FDAs methodology centers on finding the optimal balance by identifying andanalyzing extremes on either end of the freedom/equality continuum and reasonable methods inthe electoral process.The FDA uses egalitarianism and liberalism as the basis for its methodology because in theFDAs opinion, these concepts are consistent with core democratic principles such as politicalfreedom and equality. With reference to John Rawls and The Theory of Justice, Rawls concept ofthe “veil of ignorance" supports the theoretical justification for political fairness and equality. Inthe “veil of ignorance” prior to the formation of society, no reasonable person would gamble onhis or her lot in life, and instead would choose a free existence within the constraints ofegalitarianism. Beyond this veil, democracy has its Greek roots in demos the people and kratosrule (Christopher W. Blackwell, 2003). The FDA believes that democracy of, by, and for the Foundation for Democratic Advancement | 2012 FDA Canadian Provinces Report 85
  • 86. people must entail political freedom within the bounds of political equality. It is likely thatexcessive political freedom would lead to a plutocracy or rule of the rich, and excessive politicalequality could lead to communism.The FDA methodology has two main components: research and audit. The research component isqualitative, based on collecting relevant facts and data, and sourcing the information collectedusing APA guidelines. The audit process too is qualitative but also employs a quantitative aspect.The audit involves team analysis of research using matrices and the interpretation of the auditresults using scoring scales.Matrices:The FDA matrices are a detailed, spreadsheet scoring metric system of relevant data andinformation. The matrices scores conform to the concept of optimal democracy defined as abalance of freedom and equality. The purpose of the matrices is to objectify the audit process andhelp create result reliability through an established structure of scoring. Relevance to theelectoral process and the four audit sections inform the variables in the matrices. Individualmatrix scores are based on their positive or negative impact on the electoral process in terms ofoptimal democracy. To illustrate, the three sub-sections below were part of the matrices used inthe 10 province electoral fairness audit:Electoral Finance, Matrix Section: Categories Measures Example or Rational Score Alternative ScaleElectoral Finance Are candidate and If yes=2; if The score of 2 representsTransparency party finances no=0 the significance of the transparent to the transparency of finances in public? terms of public awareness and accountability; the score of 0 represents the lack of public awareness and thereby accountability. The FDA assumes that complete transparency does not necessarily correlate to complete electoral fairness and that transparency may lead to increased electoral fairness. Foundation for Democratic Advancement | 2012 FDA Canadian Provinces Report 86
  • 87. Are candidate and If yes=.5; if The score of .5 represents 0 party finances only no=0; n/a the significance of transparent to awareness and candidates and accountability of finances parties and not the amongst candidates and public? parties; the score of 0 represents the lack of public awareness and accountability, and the potential of multi-party corruption. Are candidate and If yes=0; n/a The score of 0 represents party finances only the flawed process of only transparent to the having the government (or government? its party) aware of the finances of candidates and parties, and the potential for retribution and corruption.In this example, public electoral finance transparency garnered significant weight (20 percent ofthe total score for electoral finance) and negative value in other sub-sections in the case deficienttransparency. In the case of the provincial audit, all provinces received a 20 percent total scorefor finance transparency.The FDA electoral finance matrices are comprised 6 sections and 19 sub-sections. The sectionsare as followings: electoral finance transparency, electoral contributions to candidates andparties, electoral caps on contributions to candidates and parties, campaign expenditure, thirdparty caps, and legislative process.Weighting and Scoring:Overall, sound reasoning and the relevancy of each area guides FDA grading. Since each auditsection has a maximum and minimum score, sub-section scores are determined based on theirrelation to each other and their impact on optimal democracy as related to the relevant section.The FDA acknowledges that the determination of scores is an unavoidable qualitative step. TheFDA minimizes the subjectivity of scores through required group consensus on their values.Each audit section has a score range between 0 and 10, and each section counts equally. Asmentioned, the FDA matrices allow, based on relevancy, sub-sections apply to multiple sections.For example, the sub-section electoral finance transparency is part of the electoral finance, voterinfluence and candidate and party influence sections. The FDA justifies multi-application ongrounds that electoral financial transparency significantly affects voters, candidates and parties. Foundation for Democratic Advancement | 2012 FDA Canadian Provinces Report 87
  • 88. For example, electoral finances only transparent to a government will favour candidates andparties aligned with the ruling party and voters who support that government. In contrast,electoral finances transparent to the public will affect all voters, candidates, and parties equallyand help prevent electoral finance fraud and corruption.As illustrated in the matrix example above, the scale rests on yes and no answers and scores arebased on the formula if yes=#, if no=#. The scale rests on yes and no answers. In the case ofambiguous answers, the FDA uses the lesser than and greater than values (“<” and “>”). Whenthese values are used, the FDA audit team attempts to reach consensus on the score, and if that itis not possible, the FDA takes the mean of the individual scores, with each score having equalweight. Relevant and sound evidence, facts and reasons, whether team or individual, mustsupport audit scores. To enhance the reliability of audit results, the FDA has a group ofexperienced auditors. An audit team has a minimum quorum of five auditors and maximum ofnine auditors. Any auditors in excess of nine act as silent observers. New auditors are introducedto the process first as observers, then as researchers, and then as auditors within a team ofexperienced auditors.Audit Focus:The FDAs electoral fairness provincial audit focuses on one area of the electoral process before,during and after elections, namely, laws on electoral finance.The FDA audits this area because it is a significant aspect of the electoral process. The FDAacknowledges that electoral laws may not necessarily correspond to the implementation of thoselaws or the public response to them. The implementation and response could be positive ornegative, in terms of electoral fairness. Nevertheless, laws provide the foundation for democracy,framework for the electoral system, and an indication of electoral fairness. A provincesconstitutional and/or electoral laws are part of the reality of its democracy. In the 2012 Albertageneral election, for example, the FDA will conduct ground assessments of the Albertaprovincial electoral system in tandem with its audit and analysis to determine the correlationbetween process and actualities. Following the 2012 Alberta general election the FDA willpublish its report. Foundation for Democratic Advancement | 2012 FDA Canadian Provinces Report 88
  • 89. Appendix 1:FDA researchers identified the following legislative excerpts as relevant for its analysis:AlbertaElection Finances and Contributions Disclosure Act(l) “prohibited corporation” means(i) a Provincial corporation as defined in the Financial Administration Act, and includes amanagement body within the meaning of the Alberta Housing Act and a regional health authorityand a subsidiary health corporation under the Regional Health Authorities Act,(ii) a municipality,(iii) a Metis settlement,(iv) a school board under the School Act,(v) a public post-secondary institution under thePost-secondary Learning Act,(vi) any corporation that does not carry on business in Alberta,(vi.1) a corporation associated with a corporation referred to in subclauses (i) to (vi) asdetermined under section 256 of the Income Tax Act (Canada), or(vii) any corporation designated by the Lieutenant Governor in Council as a prohibitedcorporation;(m) “registered candidate” means a candidate registered under this Act;(n) “registered constituency association” means a constituency association registered under thisAct;(o) “registered party” means a political party registered under this Act;(p) “trade union” means a trade union as defined by the Labour Relations Code, the PublicService Employee Relations Act or the Canada Labour Code (Canada), and that holds bargainingrights for employees in Alberta and for the purposes of this Act all locals in Alberta of a tradeunion are deemed to be one trade union.Application of Act2 This Act does not apply to campaigns and conventions carried on or held in relation to theleadership of a registered party or in relation to constituency association nominations forendorsation of official party candidates.4(1) The Chief Electoral Officer, in addition to the Chief Electoral Officer’s other powers andduties under this Act, the Election Act and the Senatorial Selection Act,(a) may examine all financial statements required to be filed with the Chief Electoral Officer;(b) may inquire into or conduct periodic investigations of the financial affairs and records of(i) registered parties and registered constituency associations,(ii) registered candidates in relation to election campaigns, and(iii) registered third parties in relation to election advertising under Part 6.1; Foundation for Democratic Advancement | 2012 FDA Canadian Provinces Report 89
  • 90. (c) shall provide or approve forms for the purposes of this Act;(d) with respect to a candidate, shall publish a statement on the website of the Chief ElectoralOfficer within 30 days after the date on which the financial statement is required to be filed withthe Chief Electoral Officer under section 43(2), which must include the name of any contributorwho has contributed to the candidate an amount exceeding $375 in the aggregate, and the actualamount contributed;(e) with respect to a third party, shall publish a statement on the website of the Chief ElectoralOfficer within 30 days after the date on which the election advertising report isQualifications for registration 6(1) No political party and no person acting for a political partymay accept contributions for the political party or for any constituency association of that partyunless the political party is registered under this Act.(2) Any political party that(a) held a minimum of 3 seats in the Legislative Assembly following the most recent election,(b) endorsed candidates nominated in at least 50% of the electoral divisions in the most recentgeneral election,(c) endorses candidates in at least 50% of the electoral divisions following the issue of a writ ofelection for a general election, or(d) at any time, other than during a campaign period, provides the Chief Electoral Officer withthe names, addresses and signatures of persons who (i) represent 0.3% of the number of electors eligible to vote at the last general election, (ii) are currently eligible to vote in an election, and (iii) request the registration of that political party, is, subject to subsection (3), qualifiedfor registration in the register of political parties.(3) A political party shall not be registered under this Act unless the Chief Electoral Officer issatisfied that prior to filing an application for registration the party has established a non-profitcorporation or trust as a foundation for the purposes of receiving and managing the assets, exceptthe premises, equipment, supplies and other such property required for the administration of theaffairs of the party, held by the political party immediately prior to filing the application.(4) The assets of a foundation established under subsection (3) shall consist of funds either ondeposit with a financial institution or invested in accordance with the Trustee Act.(5) No funds or other property may be received by or transferred to a foundation after the filingof an application for registration of the political party that established the foundation except forinterest on the funds on deposit or the income from investments referred to in subsection (4).(6) Each foundation shall file with the Chief Electoral Officer on or before April 1 in each year areport of the expenditures of that foundation during the previous year.Registration of third parties 9.1(1)A third party shall apply for registration under this section(a) when it has incurred expenses of $1000 or plans to incur expenses of at least $1000 forelection advertising, or(b) when it has accepted election advertising contributions of $1000 or plans to accept electionadvertising contributions of at least $1000. Foundation for Democratic Advancement | 2012 FDA Canadian Provinces Report 90
  • 91. (5) The following are not eligible to be registered under this section:(a) a corporation that does not carry on business in Alberta;(b) a person who is not ordinarily resident in Alberta;(c) a trade union or employee organization that is not a trade union or employee organization asdefined in this Act;(d) a group where any member of the group is ineligible under clause (a), (b) or (c);(e) a registered charity within the meaning of subsection 248(1) of the Income Tax Act (Canada);(f) a prohibited corporation.(6) The Chief Electoral Officer shall, as soon as possible after receiving an application,(a) determine whether the requirements set out in this section are met,(b) notify the persons who signed the application whether the applicant is accepted forregistration, and(c) in the case of a refusal to register, give reasons for the refusal.Records 10.1 A registered party, registered constituency association, registered candidate andregistered third party shall retain all of the records of that registered party, registeredconstituency association, registered candidate or registered third party for a period of 3 yearsfollowing the date on which the financial statements required under this Act for the period towhich the records relate are required to be filed.Access to documents 11(1)All documents filed with the Chief Electoral Officer are public records and may on requestduring normal office hours be inspected at the offices of the Chief Electoral Officer.(2) Copies of any document referred to in subsection (1) may be obtained on payment for thepreparation of the copies at the rates that the Chief Electoral Officer may determine.Part 3 ContributionsContinuing use of campaign funds 12(1) Any campaign funds held by a candidate at the end of acampaign period that include contributions received by the candidate for the purpose of thecandidate’s campaign shall be held in trust to be expended for the candidate’s candidacy at thenext election.(4) If a candidate is not nominated or does not declare the candidate’s candidacy as anindependent candidate for the next election, the candidate shall, not later than 7 days after theday fixed for nominations, transfer or pay the amount held by the candidate in trust pursuant tosubsection (1) to(a) the registered party that proposed or supported the candidate’s registration at the previouselection,(b) the registered constituency associations of the registered party that proposed or supported thecandidate’s registration at the previous election, or(c) the registered candidates of the registered party that proposed or supported the candidate’sregistration at the previous election, at the option of the candidate, or to the Crown in right of Foundation for Democratic Advancement | 2012 FDA Canadian Provinces Report 91
  • 92. Alberta if the funds cannot be transferred in accordance with clause (a), (b) or (c).(2) Money or goods provided by any person, corporation, trade union or employee organizationthat do not exceed $50 in the aggregate are not a contribution for the purposes of this Act butshall be recorded as to the gross amount by the chief financial officer of the recipient unless thedonor specifically requests that the amount be considered a contribution.Deposit of contributions14(1) All financial contributions accepted by or on behalf of a registered party, registeredconstituency association or registered candidate shall be paid into an appropriate depository onrecord with the Chief Electoral Officer.(2) When any contribution of other than money, accepted by or on behalf of a registered party,registered constituency association or registered candidate, is converted at any time into money,that amount shall be paid into an appropriate depository on record with the Chief ElectoralOfficer.Limitation on contributions(1) Contributions by any person, corporation, trade union or employee organization to registeredparties, registered constituency associations or registered candidates shall not exceed(a) in any year,(i) $15 000 to each registered party, and(ii) $1,000 to any registered constituency association, and $5,000 in the aggregate to theregistered constituency associations of each registered party, and(b) in any campaign period,(i) $30,000 to each registered party less any amount contributed to the party in that calendar yearunder clause (a)(i), and(ii) $2,000 to any registered candidate, and $10,000 in the aggregate to the registered candidatesof each registered party.Excessive contributions19(1) No registered party, registered constituency association or registered candidate and noperson on its or the candidate’s behalf shall knowingly accept any contributions in excess of thelimits imposed by section 17.(2) If the chief financial officer learns that a contribution was accepted by or on behalf of theregistered party, registered constituency association or registered candidate for whom the chieffinancial officer acts in excess of the limits imposed by section 17, the chief financial officershall, within 30 days after learning of it, advise the Chief Electoral Officer in writing of the factand circumstances.Anonymous and unauthorized contributions21.1(1) Any anonymous contribution in excess of $50 and any contribution or portion of acontribution made in contravention of this Act accepted by a registered party, registeredconstituency association or registered candidate must not be used or expended, and the registered Foundation for Democratic Advancement | 2012 FDA Canadian Provinces Report 92
  • 93. party, registered constituency association or registered candidate(a) shall return the contribution to the contributor if the contributor’s identity can be established,or(b) if the contributor’s identity cannot be established, shall pay an amount equivalent to thecontribution to the Chief Electoral Officer.(2) Any amounts received by the Chief Electoral Officer under subsection (1)(b) must be paidinto the General Revenue Fund.Fund-raising functions23(1) In this section, “fund-raising function” includes any social function held for the purpose ofraising funds for the registered party, registered constituency association or registered candidateby whom or on whose behalf the function is held.(2) The gross income from any fund-raising function must be recorded by the chief financialofficer of the registered party, registered constituency association or registered candidate thatheld the function or on whose behalf the function was held.(3) If an individual charge by the sale of tickets or otherwise is made for a fund-raising functionheld by or on behalf of a registered party, registered constituency association or registeredcandidate, then, for the purposes of this Act,(a) if the individual charge is $50 or less, it shall not be considered as a contribution unless theperson who pays the charge specifically requests that it be so considered, in which case 1/2 shallbe allowed for expenses and 1/2 shall be considered as a contribution to the registered party,registered constituency association or registered candidate, as the case may be, and(b) if the individual charge is more than $50, $25 shall be allowed for expenses and the balanceshall be considered as a contribution to the registered party, registered constituency associationor registered candidate, as the case may be.(4) The price paid by a person at a fund-raising function in excess of the market value at thattime for goods or services received is considered to be a contribution to the registered party,registeredPart 4Collection of ContributionsChief financial officers29(1) Every political party, constituency association and candidate shall, before filing itsapplication for registration with the Chief Electoral Officer, appoint a chief financial officer.(2) When a chief financial officer appointed pursuant to subsection (1) ceases for any reason tohold that office, the political party, constituency association or candidate, as the case may be,shall forthwith appoint another chief financial officer.(3) A candidate may not be appointed as chief financial officer for a candidate under this section.Acceptance of contributions31 No contribution shall be accepted by a registered candidate otherwise than through thecandidate’s chief financial officer or other person on record with the Chief Electoral Officer asauthorized to accept contributions. Foundation for Democratic Advancement | 2012 FDA Canadian Provinces Report 93
  • 94. Contributions not belonging to contributor 34(1) Subject to section 26, no person, corporation,trade union or employee organization shall contribute to any registered party, registeredconstituency association or registered candidate funds not actually belonging to that person,corporation, trade union or employee organization, or any funds that have been given orfurnished to the person, corporation, trade union or employee organization by any persons orgroups of persons or by a corporation, trade union or employee organization for the purpose ofmaking a contribution of those funds to that registered party, registered constituency associationor registered candidate.(2) No registered party, registered constituency association or registered candidate and no personon its or the candidate’s behalf shall solicit or knowingly accept any contribution contrary tosubsection (1).(3) If the chief financial officer learns that a contribution received by or on behalf of theregistered party, registered constituency association or registered candidate for whom the chieffinancial officer acts was made contrary to subsection (1), the chief financial officer shall, within30 days after learning that the contribution was made contrary to subsection (1), advise the ChiefElectoral Officer in writing of the fact and circumstances.If the chief financial officer learns that a contribution was accepted by or on behalf of thepolitical party, constituency association or candidate for whom the chief financial officer actsfrom a person normally resident outside Alberta or from a prohibited corporation, or from a tradeunion or employee organization other than a trade union or employee organization as defined inthis Act, the chief financial officer shall, within 30 days after learning of it, advise the ChiefElectoral Officer.Out-of-province contributions35(1) No registered party, registered constituency association or registered candidate shall,directly or indirectly,(a) knowingly solicit or accept contributions from any person ordinarily resident outside Alberta,from any prohibited corporation or from a trade union or employee organization other than atrade union or employee organization as defined in this Act, or(b) contribute or transfer funds to any political party, constituency association or candidate notregistered under this Act, except that during an election under the Canada Elections Act (Canada)a registered party may transfer to a federal political party registered under the Canada ElectionsAct (Canada) an amount not exceeding, in the aggregate, $150 for each candidate at a federalelection in a federal electoral district in Alberta who is endorsed as a candidate by that federalparty.(2) In subsection (1), “during an election” has the meaning given to it in the Canada ElectionsAct (Canada).(3) Notwithstanding subsection (1)(b), a registered party may not contribute or transfer to afederal political party any funds that were contributed in respect of an election under theSenatorial Selection Act.(4) If the chief financial officer learns that a contribution was accepted by or on behalf of thepolitical party, constituency association or candidate for whom the chief financial officer acts Foundation for Democratic Advancement | 2012 FDA Canadian Provinces Report 94
  • 95. from a person normally resident outside Alberta or from a prohibited corporation, or from a tradeunion or employee organization other than a trade union or employee organization as defined inthis Act, the chief financial officer shall, within 30 days after learning of it, advise the ChiefElectoral Officer in writing of the fact and circumstances.Funds from federal parties36 No registered party, registered constituency association or registered candidate may acceptfunds from a federal political party, electoral district association or registered candidateregistered under the Canada Elections Act (Canada), except that during a campaign period aregistered party may accept from a registered federal political party an amount not exceeding, inthe aggregate, $150 for each registered candidate endorsed by that registered party and thosefunds are not contributions for the purposes of this Act but must be recorded as to source anddeposited in an appropriate depository on record with the Chief Electoral Officer.Limits on contributions44.2(1) No election advertising contribution shall be made by a person, corporation, trade unionor employee organization to a third party or used to incur election advertising expenses unless(a) the third party to whom the contribution is made is registered under section 9.1, or(b) the third party is not required to be registered under section 9.1.(2) No third party required to be registered under section 9.1 and no person acting for the thirdparty required to be registered under section 9.1 shall accept election advertising contributionsunless the third party is registered under section 9.1.(3) Subject to subsection (5), election advertising contributions made by any person, corporation,trade union or employee organization to third parties shall not exceed, in the aggregate,(a) $15 000 in any calendar year in which there is not a general election, or(b) $30 000 in any calendar year in which there is a general election, less any amount contributedunder clause (a).(4) No third party and no person acting for a third party shall accept any election advertisingcontributions if the third party or person knows or ought to know that the amount would exceedthe limit referred to in subsection (3).(5) The following shall not make an election advertising contribution and no third party shall,directly or indirectly, knowingly accept an election advertising contribution from any of them:(a) a person ordinarily resident outside Alberta;(b) a prohibited corporation;(c) a registered charity within the meaning of subsection 248(1) of the Income Tax Act (Canada);(d) a trade union or employee organization that is not a trade union or employee organization, asthe case may be, as defined in this Act.(6) If the chief financial officer of a third party learns that an election advertising contributionwas accepted in contravention of this section, the chief financial officer shall, within 30 daysafter learning of it, advise the Chief Electoral Officer in writing of the fact and circumstances.(7) A third party shall not circumvent or attempt to circumvent a limit set out in this section inany manner, including splitting itself into 2 or more third parties. Foundation for Democratic Advancement | 2012 FDA Canadian Provinces Report 95
  • 96. British ColumbiaElection ActLimits on anonymous contributions188 (1) A registered political party or registered constituency association must not accept in anycalendar year more than $10 000, or a higher amount established by regulation, in permittedanonymous contributions under section 186 (1) (f).(2) A candidate, leadership contestant or nomination contestant must not, in relation to any oneelection or contest, accept more than $3 000, or a higher amount established by regulation, inpermitted anonymous contributions under section 186 (1) (f).(3) An organization referred to in subsection (1) or an individual referred to in subsection (2), oran organization or individual acting on behalf of any of these, must not accept an anonymouspolitical contribution if this will exceed the applicable limit under this section.Financial agent must record each political contribution190 (1) For the purposes of complying with the reporting requirements of Division 6 of this Part,a financial agent must record the following for each political contribution made to theorganization or individual for whom the financial agent is acting:(2) Contributors must be classified as follows:(a) individuals;(b) corporations;(c) unincorporated organizations engaged in business or commercial activity;(d) trade unions;(e) non-profit organizations;(f) other contributors.Election expenses limit for registered political parties198 (1) In respect of a general election conducted in accordance with section 23 (2) of theConstitution Act, the total value of election expenses incurred by a registered political party(a) during the period beginning 60 days before the campaign period must not exceed $1.1million, and(b) during the campaign period must not exceed $4.4 million.(2) In respect of a general election conducted other than in accordance with section 23 (2) of theConstitution Act, the total value of election expenses incurred by a registered political partyduring the campaign period must not exceed $4.4 million.(3) In respect of a by-election, the total value of election expenses incurred by a registeredpolitical party during the campaign period must not exceed $70 000.(4) If a campaign period in an electoral district is extended under section 65 (2) as a result of thedeath of a candidate, the election expenses limit under subsection (1), (2) or (3) is increased by Foundation for Democratic Advancement | 2012 FDA Canadian Provinces Report 96
  • 97. $70 000 in respect of the electoral district.Election expenses limit for candidates199 (1) In respect of a general election conducted in accordance with section 23 (2) of theConstitution Act, the total value of election expenses incurred by a candidate(a) during the period beginning 60 days before the campaign period must not exceed $70 000,and(b) during the campaign period must not exceed $70 000.(2) In respect of an election conducted other than in accordance with section 23 (2) of theConstitution Act, the total value of election expenses incurred by a candidate during thecampaign period must not exceed $70 000.(3) If a campaign period is extended under section 65 (2) as a result of the death of a candidate,the election expenses limit under subsection (1) or (2)(a) applies to a candidate who is nominated after the date the new election proceedings arestarted, and(b) is $140 000 for a candidate who was nominated before the new election proceedings werestarted.Expenses not to be included in calculating amounts subject to limit203 (1) The following expenses are not to be included as election expenses for the purpose ofdetermining whether an organization or individual has complied with an election expenses limit:(a) the nomination deposit of a candidate;(b) personal election expenses of a candidate;....Third party advertising limits235.1 (1) In respect of a general election conducted in accordance with section 23 (2) of theConstitution Act, an individual or organization other than a candidate, registered political party orregistered constituency association must not sponsor, directly or indirectly, election advertisingduring the period beginning 60 days before the campaign period and ending at the end of thecampaign period(a) such that the total value of that election advertising is greater than(i) $3 000 in relation to a single electoral district, and(ii) $150 000 overall, or(b) in combination with one or more individuals or organizations, or both, such that the totalvalue of the election advertising sponsored by those individuals and organizations is greater than(i) $3 000 in relation to a single electoral district, and(ii) $150 000 overall.(2) In respect of a general election conducted other than in accordance with section 23 (2) of theConstitution Act, the limits under subsection (1) do not apply to the period beginning 60 daysbefore campaign period, but do apply to the campaign period. Foundation for Democratic Advancement | 2012 FDA Canadian Provinces Report 97
  • 98. (3) In respect of a by-election, the limits under subsection (1) do not apply to the periodbeginning 60 days before campaign period, but the limits under subsection (1) (a) (i) and (b) (i)do apply to the campaign period.(4) Section 204 applies to adjust the amounts under this section.Information to be open to the public250 The information filed under this Part with the chief electoral officer since the generalelection before the previous general election must be available for public inspection at the officeof the chief electoral officer during its regular office hours.Elections British Columbia1. Are there limits on the amount that can be contributed to a candidate, registered constituencyassociation or registered political party?There are no political contribution limits in British Columbia. However, the Election Act doesestablish limits on the amount of anonymous contributions a candidate, registered constituencyassociation or political party can accept. Foundation for Democratic Advancement | 2012 FDA Canadian Provinces Report 98
  • 99. ManitobaPublic inspection177(2) After the Clerk of the Assembly is informed of a members election, any documents usedin or relating to the election that are in the custody of the chief electoral officer, other thanballots, must be available for public inspection at times and under conditions acceptable to thechief electoral officer.41(1) No person or organization other than an individual normally resident in Manitoba shallcontribute to any candidate, leadership contestant, constituency association or registered politicalparty.Limit on contributions by individual41(1.1) No individual shall make contributions totaling more than $3,000 in a calendar year toone or more of the following, or any combination of them:(a) a candidate;(b) a constituency association;(c) a registered political party;(d) a leadership contestant, if the contribution is made after the leadership contest period ends.Limit on contributions by individuals to leadership contestants41(1.1.1) No individual shall make contributions totalling more than $3,000. in a leadershipcontest period to one or more leadership contestants.Election expense limit for parties50(1) Subject to section 52 (inflation adjustment), the total election expenses of a registeredpolitical party, whether the expenses are incurred by the party or by an individual on the partysbehalf with its knowledge and consent, shall not exceed(a) for a general election, the amount determined by multiplying $1.79 by the number of nameson the voters lists for all the electoral divisions in which the registered political party endorsescandidates; and(b) for a by-election in an electoral division, the amount determined by multiplying $3.22 by thenumber of names on the voters lists for the electoral division.Election expense limit for candidates51(1) Subject to section 52 (inflation adjustment), the total election expenses of a candidate,whether the expenses are incurred by the candidate or the constituency association or by anindividual on the candidates behalf with the candidates knowledge and consent, shall not exceed(a) for a candidate in an electoral division with an area of less than 30,000 square miles, theamount determined by multiplying $2.72 by the number of names on the voters lists for theelectoral division; and(b) for a candidate in an electoral division with an area of 30,000 square miles or more, theamount determined by multiplying $4.33 by the number of names on the voters lists for the Foundation for Democratic Advancement | 2012 FDA Canadian Provinces Report 99
  • 100. electoral division.Election expense limit for candidates51(1) Subject to section 52 (inflation adjustment), the total election expenses of a candidate,whether the expenses are incurred by the candidate or the constituency association or by anindividual on the candidates behalf with the candidates knowledge and consent, shall not exceed(a) for a candidate in an electoral division with an area of less than 30,000 square miles, theamount determined by multiplying $2.72 by the number of names on the voters lists for theelectoral division; and(b) for a candidate in an electoral division with an area of 30,000 square miles or more, theamount determined by multiplying $4.33 by the number of names on the voters lists for theelectoral division.Advertising expense limits for year of fixed date elections54.1(1) In the year of a fixed date election the total advertising expenses incurred outside anelection period(a) by a registered political party shall not exceed $250,000.; and(b) by a candidate shall not exceed $6,000.Advertising expense limit for parties50(2) Subject to section 52 (inflation adjustment), the total advertising expenses of a registeredpolitical party, whether the expenses are incurred by the party or by an individual on the partysbehalf with its knowledge and consent, shall not exceed(a) for a general election, the amount determined by multiplying $0.92 by the number of nameson the voters lists for all of the electoral divisions in which the party endorses candidates; and(b) for a by-election in an electoral division, the amount determined by multiplying $1.61 by thenumber of names on the voters lists for the electoral division.Limit on candidates advertising expenses51(2) Subject to section 52 (inflation adjustment), the total advertising expenses of a candidate,whether the expenses are incurred by the candidate or the constituency association or by anindividual on the candidates behalf with the candidates knowledge and consent, shall not exceedthe amount determined by multiplying $0.56 by the number of names on the voters lists for theelectoral division in which the person is a candidate.Advertising expenses included in election expenses50(3) The total advertising expenses permitted under subsection (2) are included in, and are notin addition to, the total election expenses permitted under subsection (1).Investigations by commissioner77.3(2) The commissioner may, on his or her own initiative or at the request of another person,conduct an investigation into any matter that might constitute a contravention of this Act. Thecommissioner may refuse to conduct an investigation if he or she considers a request to be Foundation for Democratic Advancement | 2012 FDA Canadian Provinces Report 100
  • 101. frivolous, vexatious, made in bad faith or unnecessary in the circumstancesRecords77.3(4) The commissioner or representative may require any person who, in the opinion of thecommissioner or representative, is able to give any information about a matter underinvestigation(a) to provide the information to the commissioner or representative; and(b) to produce any record to the commissioner or representative that in his or her opinion relatesto the matter under investigation and that may be in that persons possession or under thatpersons control.Outcome of investigation may be made public77.3.1(3) If the commissioner believes that it is in the public interest to make public the outcomeof an investigation, he or she may do so, and may include in the information provided the nameof the person and the nature of the matter investigated. Foundation for Democratic Advancement | 2012 FDA Canadian Provinces Report 101
  • 102. New BrunswickElection Financing Manual:An annual limit is placed on political contributions. A contributor may make contributions toeach registered political party or any of the registered district associations associated with eachregistered political party such that the total amount contributed to each party and any of itsdistrict associations does not exceed $6,000 annually. An annual contribution of $6,000 may alsobe made to one registered independent candidate.Political Process Financing Act: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 bythe number of electors in the aggregate of the electoral districts in which such party hascandidates, 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 andseventy-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 ofthe 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 belimited to an amount less than eleven thousand dollars or exceed twenty-two thousand dollars.1980, c.40, s.6; 1986, c.65, s.3.78(1) Subject to section 79, an election expenses reimbursement shall be paid to the officialagent of each candidate at any election declared elected under the Elections Act, and to theofficial agent of each candidate having obtained, according to the official or final addition of thevotes cast at such election, fifteen per cent of the valid votes cast in the electoral district in whichhe was a candidate.78(2) The election expenses reimbursement to be paid to the official agent of a candidate entitledthereto 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 undersection 81, excluding claims contested by his official agent, and excluding amounts representingthe value of contributions referred to in paragraphs (a) and (b) of the definition “electionexpenses 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 inthe electoral district and adding thereto the cost of mailing a single one ounce first class letter toeach elector in the electoral district.78(3) The excess, if any, of the election expenses reimbursement received by an official agentover the unpaid balance at the time the reimbursement is received of election expenses incurredor authorized by the agent and of money borrowed for the purposes of incurring such expenses Foundation for Democratic Advancement | 2012 FDA Canadian Provinces Report 102
  • 103. shall(a) in the case of an official agent of a candidate of a registered political party be paid by theagent 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. Foundation for Democratic Advancement | 2012 FDA Canadian Provinces Report 103
  • 104. Newfoundland and LabradorInspection of information 277. (1) All documents filed under this Part with the Chief Electoral Officer are public recordsand may be inspected by a person upon request at the offices of the Chief Electoral Officerduring normal office hours. (2) A person may take extracts from the documents referred to in subsection (1) and isentitled to copies of them upon payment for the preparation of the copies at a rate that the ChiefElectoral Officer may determine.Contributions 282. (1) Contributions to registered parties and candidates shall be made only by naturalpersons individually, or by corporations and trade unions, individually. (2) Contributions may be made by natural persons, whether or not they are resident inthe province, corporations whether or not they carry on business in the province or trade unionswhether or not they hold bargaining rights for employees in the province. (3) Only a registered party or candidate may solicit, collect or accept contributions. (4) The following are not considered as contributions for the purpose of this Part: (a) an annual amount of not more than $25 paid by a person as dues for membership in apolitical party; (b) an amount of not more than $50 in each case paid as an entrance fee to an activity ordemonstration of a political nature; (c) the donation by a natural person of his or her personal services, talents or expertise,or the use of his or her vehicle or other personal property and the product of that donation, whereit is given freely and not as part of his or her work in the service of an employer; and (d) a donation, other than a donation of money, for political purpose made by a person,where (i) the donation is made out of the property or undertaking of that person, (ii) the total value of all the donations made by that person in a calendar year is lessthan $100, and (iii) the person is not reimbursed or rewarded in any way for having made thedonation. (5) Money contributed to registered parties and candidates in amounts in excess of $100shall be made only (a) by a cheque that has the name of the contributor legibly printed on it and that issigned by the contributor and drawn on an account in the contributors name; (b) by a money order that identifies the name of the contributor; or (c) in the case of money contributed by an individual, by the use of a credit card havingthe name of the individual contributor imprinted or embossed on it,and a contribution of money shall not be accepted unless the contribution is made as required bythis subsection. (6) All money accepted by or on behalf of a registered party or candidate shall be paidinto the appropriate depository on record with the Chief Electoral Officer. Foundation for Democratic Advancement | 2012 FDA Canadian Provinces Report 104
  • 105. Anonymous contributions 283. (1) An anonymous contribution greater than $100 received by a registered party orcandidate shall not be used or expended, and shall be returned to the contributor if thecontributors identity can be established. (2) Where a contributors identity cannot be established, the contribution shall be paidover to the Chief Electoral Officer who shall remit the amount to the Consolidated RevenueFund.Election expense limits 310. (1) Election expenses of a registered party shall be limited so as not to exceed (a) for a general election, an amount equal to the product obtained by multiplying$3.125 by the number of persons on the revised list of electors in the aggregate of the electoraldistricts in which the party has candidates; and (b) for a by-election, an amount equal to the product obtained by multiplying $3.125 bythe number of people on the revised list of electors in the electoral district in which the by-election is held. (2) Election expenses of a candidate shall be limited so as not to exceed an amountequal to the product obtained by multiplying $3.125 by the number of persons on the revised listof electors in the electoral district for which he or she is a candidate. (3) Notwithstanding subsections (1) and (2), in no case shall the election expenses of aregistered political party or a candidate be limited in relation to an electoral district to an amountless than $12,000. (4) The limit on election expenses for each electoral district shall be set by the ChiefElectoral Officer on the day the writ of election is issued.Advertising as contribution 288. (1) Where (a) a natural person, corporation or trade union with the knowledge and consent of aregistered party or candidate promotes the political party, its policies or the election of acandidate or opposes another registered party or the election of a candidate (i) by advertising on the facilities of a broadcasting undertaking, (ii) by publishing an advertisement in a newspaper, magazine or other periodicalpublication, (iii) by publishing printed leaflets, pamphlets or other documents, or (iv) through the use of an outdoor advertising facility; and (b) the amount of the cost of the advertising (i) is, in the case of a single advertisement or publication, greater than $100, and (ii) in the aggregate exceeds $100 in the case of advertisements and publicationsfrom a single source published in a year, excluding a campaign period, or part of a period in thatyear or in a campaign period the amount of the cost is, for the purpose of this Part, a contributionto the registered party or candidate with whose knowledge and consent the advertising orpublishing was done. (2) A natural person, corporation, trade union, registered party or candidate shall not Foundation for Democratic Advancement | 2012 FDA Canadian Provinces Report 105
  • 106. publish a political advertisement in a newspaper, magazine or other periodical publication orthrough the use of an outdoor advertising facility unless he or she or it furnishes to the publisherof the advertisement his or her or its identification, in writing, together with the identification inwriting, of a natural person, corporation, trade union, registered party or candidate sponsoringthe political advertisement. (4) For the purpose of subsections (2) and (3), "political advertisement" means a matterpromoting or opposing a registered party or the election of a candidate but does not include newsstories, including interviews, commentaries or other works prepared for and published by anewspaper, magazine or other periodical publication if the publication of those works is not paidfor by or on behalf of a political party or candidate. Foundation for Democratic Advancement | 2012 FDA Canadian Provinces Report 106
  • 107. Nova ScotiaElections ActCONTRIBUTIONS237 (1) An individual may make a contribution by(a) giving it directly to the official agent of a registered party, electoral district association orcandidate or financial agent of a registered third party ; or(b) giving it to another individual, appointed in the prescribed form by the official agent of theregistered party, electoral district association or candidate or financial agent of a registered thirdparty to collect and receive contributions on behalf of the official agent.(2) Notwithstanding clause (1)(b), the official agent of a candidate shall not appoint a candidateto collect or receive contributions.(3) Where an official agent or financial agent appoints another individual to accept contributionson behalf of the official agent or financial agent , the appointment must be made before theindividual collects or receives a contribution.(4) The date on which a contribution is deemed to be received by the official agent of aregistered party, electoral district association or candidate or financial agent of a registered thirdparty is the earliest of(a) the date on which the contribution is made to the official agent or financial agent pursuant toclause (1)(a);(b) the date on which the contribution is made to an individual appointed to collect or receive acontribution on behalf of the official agent or financial agent pursuant to clause (1)(b); and(c) the date on which the contribution is mailed, couriered or sent by means other than beingmade directly to the official agent or financial agent or an individual appointed by the officialagent or financial agent for the purpose of accepting contributions.(5) No person or organization other than an individual appointed by the official agent of aregistered party, electoral district association or candidate or the financial agent of a registeredthird party shall collect or receive a contribution on behalf of an official agent.(6) An individual who makes a contribution by cheque, credit card or similar instrument shallmake it payable directly to a registered party, electoral district association , candidate orregistered third party .(7) When collecting or receiving a contribution from a contributor, an individual appointed underclause (1)(b) shall make a transmittal record in duplicate containing the(a) full name and residential address, other than a post office box unless that is the only addressavailable, of each contributor;(b) date on which the contribution was collected or received;(c) amount or value of the contribution; and(d) name of the individual collecting or receiving it.DISCLOSURE OF CONTRIBUTIONS240 (1) On or before April 30th in each year, every official agent of a registered party shall file Foundation for Democratic Advancement | 2012 FDA Canadian Provinces Report 107
  • 108. with the Chief Electoral Officer a disclosure statement in the prescribed form showing the fullname and residential address, other than a post office box unless that is the only addressavailable, of each contributor whose contributions received by that official agent during theprevious calendar year exceed two hundred dollars in total and the amount of the totalcontributions by that contributor.(2) On or before March 31st in each year, every official agent of an electoral district associationshall file with the Chief Electoral Officer a disclosure statement in the prescribed form showingthe full name and residential address, other than a post office box unless that is the only addressavailable, of each contributor whose contributions received by that official agent during theprevious calendar year exceed two hundred dollars in total and the amount of the totalcontributions by that contributor.ELECTION EXPENSES SPENDING LIMITS259 (1) The election expenses of a registered party during a general election must not exceed theaggregate of two dollars and twenty nine cents multiplied by the number of electors in theelectoral districts in which the party fields one or more candidates for election.(2) The official agent of a registered party shall not incur election expenses during a by-electionto an amount greater than five thousand seven hundred twenty-three dollars and twenty cents.260 (1) The election expenses of a candidate must not exceed during any election the aggregateof(a) five dollars and seventy-two cents per elector in respect of the number of electors in theelectoral district up to five thousand electors;(b) four dollars and eighty-six cents per elector in respect of the number of electors in theelectoral district in excess of five thousand and not in excess of ten thousand; and(c) four dollars and twenty-nine cents per elector in respect of the number of electors in theelectoral district in excess of ten thousand.(2) Where more than one candidate is to be elected in an election in an electoral district, theelection expenses of all candidates of the same registered party must not exceed the amountsprescribed by subsection (1) which amounts may be divided equally among those candidates.ELECTION EXPENSES261 (1) During an election no person other than the official agent of a candidate or registeredparty, or a representative of such official agent authorized in writing by the official agent, shallincur or authorize election expenses on behalf of a candidate or a registered party.(2) No person shall accept or execute an order for election expenses on behalf of a candidate or aregistered party that is not given by an official agent of a candidate or registered party, or by arepresentative of such an agent authorized in writing by the official agent.(3) No person shall(a) claim or receive a price different from the persons regular price for similar work, service ormerchandise outside the election for election expenses incurred during an election; or(b) accept different remuneration or renounce remuneration for election expenses.(4) Notwithstanding the other provisions of this Section, a candidate may pay the candidatesown personal expenses during an election up to the amount of one thousand dollars and, subject Foundation for Democratic Advancement | 2012 FDA Canadian Provinces Report 108
  • 109. to subclauses 166( i )(iii) to (v), the expenses so paid, not including any publicity expense, formpart of the candidates election expenses.(5) A candidate who pays personal expenses pursuant to subsection (4) shall give the candidatesofficial agent a detailed statement of the payments.262 (1) Any payment of twenty-five dollars or more for election expenses must be evidenced bya receipt that provides all the particulars required for auditing each item of work or material andREIMBURSEMENT OFCANDIDATE ELECTION EXPENSES267 (1) The Chief Electoral Officer shall reimburse each candidate who has been declaredelected or who has received not less than ten percent of the valid votes cast in an election inwhich he or she was a candidate by making payment to the official agent of the candidate inrespect of the candidates election expenses to an amount not exceeding one dollar and forty-three cents for each elector on the final list of electors.(2) In an electoral district in which a registered party endorsed more than one individual who wasnominated as a candidate, the total reimbursement made under subsection (1) may not exceedone dollar and forty-three cents for each elector whose name was on the final list of electors andthe reimbursement must be divided equally among those candidates.(3) After the official agent of a candidate has delivered the report of the election expenses of acandidate as required by this Act, the Chief Electoral Officer shall(a) approve, as soon as possible, payment of seventy-five per cent of the reimbursement to whicha candidate is entitled if the Chief Electoral Officer is satisfied that election expenses in at leastthat amount have been incurred; and(b) approve the remaining amount of reimbursement to which a candidate is entitled if the ChiefElectoral Officer has determined that the report of election expenses is accurate and that theexpenses claimed are election expenses as defined in clause 166( i ).INSPECTION OF RECORDS269 (1) The Chief Electoral Officer may conduct inspections of the records of registered parties,electoral district associations , candidates, registered third parties, official agents and financialagents that relate or may relate to(a) information that is or should be in any statements, forms or reports required to be filed withthe Chief Electoral Officer under this Act;(b) information that shows the basis for any calculation that has been made in order to determinethe amount of a contribution; or(c) any information that is required to be filed with the Chief Electoral Officer under this Act.(2) The Chief Electoral Officer may conduct an inspection as part of a preliminary reviewrespecting a complaint pursuant to clause 5(1)(p).270 On reasonable notice at any reasonable time, the Chief Electoral Officer, or a representativeof the Chief Electoral Officer, may visit the premises of a registered party, electoral districtassociation, candidate , registered third party, official agent and financial agent to inspect andmake copies of their records. Foundation for Democratic Advancement | 2012 FDA Canadian Provinces Report 109
  • 110. THIRD PARTY ELECTION ADVERTISING275 (1) A third party shall not incur election advertising expenses of a total amount of more thanten thousand dollars during an election in relation to a general election.(2) Not more than two thousand dollars of the total amount referred to in subsection (1) shall beincurred to promote or oppose the election of one or more candidates in a given electoral district,including by(a) naming them;(b) showing their likenesses;(c) identifying them by their respective political affiliations; or(d) taking a position on an issue with which they are particularly associated.(3) The limit set out in subsection (2) only applies to an amount incurred with respect to a leaderof a registered party to the extent that it is incurred to promote or oppose the election of theleader of a registered party in a given electoral district.(4) A third party shall not incur election advertising expenses of a total amount of more than twothousand dollars in a given electoral district during a by-election.OFFENCES305 A person is guilty of an offence who(a) fails or refuses to comply with any of the provisions of this Act; or(b) while performing the duties of the election officer, engages in politically partisan activity.306 Every person is guilty of an offence who knowingly makes, distributes or publishes a falsestatement that a candidate has withdrawn.307 Every person is guilty of an offence who, during an election, knowingly makes, distributesor publishes a false statement of fact about a candidates character or conduct for the purpose ofinfluencing the election.308 Every person is guilty of an offence who obstructs a candidate or a candidates representativein lawfully campaigning.312 Every person who knowingly makes a false statement in any application, statement, report,return or other document filed with the Chief Electoral Officer under this Act is guilty of anoffence.313 Every person who knowingly gives to an official agent or financial agent, or any otherperson authorized to receive contributions on behalf of an official agent or financial agent, falseinformation in respect of any contribution or alleged contribution is guilty of an offence.314 Every person is guilty of an offence who(a) fails to file with the Chief Electoral Officer a statement, report, return or other document orinformation required under this Act within the specified time period;(b) files with the Chief Electoral Officer a statement, report, return or other document orinformation which substantially fails to disclose the information required under this Act; or(c) fails substantially to provide such clarifying or verifying information with respect to astatement, report, return or other document or information filed with the Chief Electoral Officerunder this Act as may be required by the Chief Electoral Officer.315 Every person that contravenes Section 234 is guilty of an offence and liable on summaryconviction to a fine Foundation for Democratic Advancement | 2012 FDA Canadian Provinces Report 110
  • 111. (a) in the case of a registered party, not exceeding fifty thousand dollars; and(b) in all other cases, not exceeding five thousand dollars.316 (1) Every registered party that contravenes Section 259 is guilty of an offence and is liableon summary conviction to a fine not exceeding fifty thousand dollars.(2) Every candidate who contravenes Section 260 is guilty of an offence and is liable to a finenot exceeding five thousand dollars.317 Every official agent who fails to make a payment as required by Section 265, or whoknowingly makes a payment that is less than the amount that the official agent is required to payunder Section 265, is guilty of an offence.318 Every official agent or other officer of a registered party or a candidate who, while acting onbehalf of the candidate or registered party, is responsible for a contravention of Section 259 or260 is guilty of an offence.319 Every person who uses all or any part of information disclosed under this Act forcommercial or business purposes or for any other purpose not intended by this Act is guilty of anoffence.320 A person who sits in the House of Assembly contrary to Section 263 is guilty of an offenceand liable on summary conviction to a fine of five hundred dollars for each day on which theperson so sits.321 Every person who fails to comply with a written request to provide a record containing theinformation required under this Act about a contribution that the person accepted, or an expensethat the person incurred or approved, is guilty of an offence.323 (1) Every person is guilty of an offence who contravenes or fails to comply with this Actand, where no other fine is provided, is liable on summary conviction to a fine not exceeding fivethousand dollars.CORRUPT PRACTICES348 A person who is found guilty of a corrupt practice is liable on summary conviction to anadditional fine of not more than ten thousand dollars or to imprisonment for a term of not morethan one year or to both a fine and imprisonment. Foundation for Democratic Advancement | 2012 FDA Canadian Provinces Report 111
  • 112. OntarioElection Finances ActWho may contribute16. (1) Contributions to parties, constituency associations, candidates and leadership contestantsregistered under this Act may be made only by,(a) persons individually;(b) corporations that are not registered charities within the meaning of subsection 248 (1) of theIncome Tax Act (Canada); and(c) trade unions.Anonymous, etc., contributions(2) Any contribution not returned to the contributor in accordance with subsection (1) or anyanonymous contribution received by a political party, constituency association, candidate orleadership contestant registered under this Act shall not be used or expended, but shall be paidover to the Chief Electoral Officer and become part of the funds of the Chief Electoral Officer tobe used by the Chief Electoral Officer in carrying out its responsibilities under this Act. R.S.O.1990, c. E.7, s. 17 (2); 1998, c. 9, s. 79; 2007, c. 15, s. 40 (1).Maximum contributions of persons, corporations and trade unions to parties, constituencyassociations and candidates18. (1) The contributions a person, corporation or trade union makes to parties, constituencyassociations and candidates registered under this Act shall not exceed what is set out in thefollowing rules:1. To each party, $7,500, multiplied by the indexation factor determined under section 40.1 androunded to the nearest dollar,i. in any calendar year, andii. in any campaign period, as if it were a separate calendar year.2. To each constituency association, $1,000, multiplied by the indexation factor determinedunder section 40.1 and rounded to the nearest dollar, in any calendar year, subject to paragraph 3.3. To constituency associations of any one party, in any calendar year, an aggregate amount of$5,000, multiplied by the indexation factor determined under section 40.1 and rounded to thenearest dollar.4. To each candidate, $1,000, multiplied by the indexation factor determined under section 40.1and rounded to the nearest dollar, in any campaign period, subject to paragraph 5.5. To candidates endorsed by any one party, in any campaign period, an aggregate amount of$5,000, multiplied by the indexation factor determined under section 40.1 and rounded to thenearest dollar. 1998, c. 9, s. 61.Candidate’s funds considered contribution(3) Any money used for a political campaign by a registered candidate out of the candidate’sown funds shall be considered to be a contribution for the purposes of this Act and everyregistered candidate shall submit to the candidate’s chief financial officer a statement in writingsetting forth all campaign expenses paid or to be paid out of the candidate’s own funds, together Foundation for Democratic Advancement | 2012 FDA Canadian Provinces Report 112
  • 113. with all receipts and claims therefor, within three months after polling day. R.S.O. 1990, c. E.7,s. 18 (3).21. Amounts of $100 or less may be considered not a contribution(2) The provision of goods or services to a political party, constituency association, candidate orleadership contestant registered under this Act in any year, excluding any campaign period orpart thereof in that year, or in any campaign period, having a value, in the aggregate, of $100 orless may, at the option of the person, corporation or trade union providing such goods orservices, be considered not to be a contribution for the purposes of this Act. R.S.O. 1990, c. E.7,s. 21 (2).Contributions prohibited from outside Ontario and to persons, etc., outside Ontario29. (1) No political party, constituency association, candidate or leadership contestant registeredunder this Act shall directly or indirectly,(a) knowingly accept contributions from any person normally resident outside Ontario, from anycorporation that does not carry on business in Ontario or from a trade union other than a tradeunion as defined in this ActRight of accessThe auditor shall have access at any reasonable time to all the documents of the third party, andmay require the third party to provide any information or explanation that, in the auditor’sopinion, is necessary to enable the auditor to prepare the report. 2007, c. 15, s. 32.Limitation of campaign expensesLimitation: political party38. (1) The total campaign expenses incurred by a registered party and any person, corporation,trade union, unincorporated association or organization acting on behalf of the party during acampaign period shall not exceed the amount determined by multiplying the applicable amountby,(a) in relation to a general election, the number of electors in the electoral districts in which thereis an official candidate of that party; and(b) in relation to a by-election in an electoral district, the number of electors in that electoraldistrict. 1998, c. 9, s. 70.Applicable amount(2) For the purposes of subsection (1), the applicable amount is 60 cents, multiplied by theindexation factor determined under section 40.1 and rounded to the nearest cent. 1998, c. 9, s. 70.Limitation of campaign expenses: candidate, constituency association(3) The total campaign expenses incurred by a registered candidate, the constituency associationendorsing that candidate and any person, corporation, trade union, unincorporated association ororganization acting on behalf of the candidate or constituency association during a campaignperiod shall not exceed the amount determined by multiplying the applicable amount by thenumber of electors in the candidate’s electoral district. 1998, c. 9, s. 70.Applicable amount Foundation for Democratic Advancement | 2012 FDA Canadian Provinces Report 113
  • 114. (3.1) For the purposes of subsection (3), the applicable amount is 96 cents, multiplied by theindexation factor determined under section 40.1 and rounded to the nearest cent. 1998, c. 9, s. 70.ReimbursementPartial reimbursement of campaign expenses44. (1) Every registered candidate who receives at least 15 per cent of the popular vote in his orher electoral district is entitled to be reimbursed by the Chief Electoral Officer for the lesser of,(a) 20 per cent of the candidate’s campaign expenses for the campaign period, as shown on thestatement of income and expenses filed under section 42, together with the auditor’s reportreferred to in subsection 40 (4); and(b) 20 per cent of the maximum expenditure limit under subsection 38 (3). 1998, c. 9, s. 75 (1);2007, c. 15, s. 40 (1).Conditions for reimbursement(3) A candidate is not entitled to be reimbursed under subsection (1) unless,(a) the financial statements and auditor’s report required by section 42 and subsection 40 (4) inrespect of the candidate have been filed, and the Chief Electoral Officer is satisfied that theymeet the requirements of this Act; and(b) in the case of a candidate with party affiliation, the requirements of clause (a) have also beenmet with respect to the constituency association that endorses the candidate. 1998, c. 9, s. 75 (3);2007, c. 15, s. 40 (1).Reimbursement of political party’s expenses(6) Every registered party that receives at least 15 per cent of the popular vote in any electoraldistrict and that has filed its statement of income and expenses with the Chief Electoral Officer inaccordance with section 42, together with the auditor’s report in accordance with subsection 40(4), is entitled to be reimbursed by the Chief Electoral Officer for the aggregate amountdetermined by multiplying 5 cents by the number of electors entitled to vote, as certified by theChief Electoral Officer under the Election Act, in each electoral district in which the politicalparty received 15 per cent of the popular vote and such money shall be payable to the politicalparty’s chief financial officer. R.S.O. 1990, c. E.7, s. 44 (6); 1998, c. 9, s. 79; 2007, c. 15,s. 40 (1). Foundation for Democratic Advancement | 2012 FDA Canadian Provinces Report 114
  • 115. Prince Edward IslandElection Expenses Act18. (1) The total election expenses incurred by a registered party and any person, corporation,trade union, unincorporated association or organization acting on behalf of that party during anycampaign period shall not exceed the aggregate amount determined by multiplying $6.00 by(a) in relation to a general election, the number of electors entitled to vote, as certified by theChief Electoral Officer under the Election Act, in the electoral districts in which there is anofficial candidate of that party; and(b) in relation to a by-election in an electoral district, the number of electors entitled to vote, ascertified by the Chief Electoral Officer under the Election Act, in that electoral district.(2) The total election expenses incurred by a registered candidate, and any person, corporation,trade union, unincorporated association or organization acting on behalf of that candidate duringany campaign period shall not exceed $1.75 for each elector entitled to vote, as certified by theChief Electoral Officer under the Election Act, in the candidate’s electoral district.(3) Where the total election expenses incurred by a registered party and any person, corporation,trade union, unincorporated association or organization acting on behalf of that party exceed theamount determined under subsection (1) or where the total election expenses incurred by aregistered candidate, and any person, corporation, trade union, unincorporated association ororganization acting on behalf of that candidate exceed the amount determined under subsection(2), the amount of the subsidy, if any, payable to the registered party’s official agent or to thecandidate’s official agent under subsection 22(1), as the case may be, shall be reduced by anamount equal to such excess.(4) During an election no person other than the official agent or a representative of such an agentauthorized in writing by the agent shall incur or authorize election expenses.(5) Every person, corporation or trade union who has any claim for payment in relation to aelection expense shall submit such claim within thirty days after polling day to the official agentof the registered party or registered candidate that incurred the election expense.(6) Every payment of a election expense shall be authorized by the official agent of the registeredparty or registered candidate that incurred the election expense and such election expense shallbe vouched for by a statement setting forth the particulars and proof of payment.(7) Where the official agent of a registered party or registered candidate disputes or refuses topay any claim for payment in relation to an election expense, such claim shall be considered tobe a disputed claim and the claimant may bring an action for payment in any court of competentjurisdiction.(8) The amounts set out in subsection (1) and (2) shall be increased or decreased in accordancewith the Consumer Price Index (Charlottetown/Summerside) published by Statistics Canadausing the annual 1995 index as the base and the latest available index, as determined by the ChiefElectoral Officer, as the current index. 1996, c.13, s.18.22. (1) Every registered candidate in an electoral district who receives at least 15 per cent of thepopular vote in such electoral district is entitled to be reimbursed by the Chief Electoral Officer Foundation for Democratic Advancement | 2012 FDA Canadian Provinces Report 115
  • 116. for the lesser of election expenses for the election period as shown on the financial reports filedwith the Chief Electoral Officer, in accordance with section 21, together with the auditor’s reportin accordance with subsection 19(4), or an amount equal to 75 cents for each elector whose namewas on the official list of electors in the electoral district, subject to a minimum payment of$1,500 and a maximum payment of $3,000.(2) A candidate is not entitled to be reimbursed for expenses under subsection (1) unless thecandidate or his or her official agent has filed the financial reports as required by section 21,together with the auditor’s report thereon as required by subsection 19(4), and the Chief ElectoralOfficer is satisfied that such statements meet the requirements of this Act.(3) After the official agent has reported the election expenses of the candidate as required by thisAct the Chief Electoral Officer shall(a) approve, as soon as possible, payment of seventy-five per cent of the reimbursement to whicha candidate is entitled when the Chief Electoral Officer is satisfied that election expenses in atleast that amount have been incurred; and(b) approve the remaining amount of reimbursement to which a candidate is entitled when theChief Electoral Officer has determined that the report is accurate and that the expenses claimedare election expenses as defined in section 1.(4) In this section(a) “independent candidate” means a person referred to in subclause 1(c)(ii);(b) “popular vote” means the total counted ballots cast in favour of all candidates in an electoraldistrict and does not include any rejected, cancelled, declined or unused ballots.(5) The amounts set out in subsection (1) shall be increased or decreased in accordance with theConsumer Price Index (CharlottetownSummerside) published by Statistics Canada using theannual 1995 index as the base and the latest available index, as determined by the Chief ElectoralOfficer, as the current index.(6) The Chief Electoral Officer shall calculate the reimbursement pursuant to this section andprovide the calculation to each official agent, and shall pay the amount of the reimbursement tothe official agent. 1996, c.13, s.22.23. (1) An annual allowance in the prescribed amount shall be payable to each registered partyholding one or more seats in the Legislative Assembly.(2) In subsection (1) the “prescribed amount” means an amount obtained by multiplying thenumber of valid votes cast for official candidates of the party at the immediately precedinggeneral election by a sum not exceeding $2.00 determined by the Lieutenant Governor inCouncil after consultation with the Leader of the Opposition.(3) The sum determined by the Lieutenant Governor in Council under subsection (2) shall beincreased or decreased in accordance with the Consumer Price Index(CharlottetownSummerside) published by Statistics Canada using the annual 1995 as the baseand the latest available index, as determined by the Chief Electoral Officer, as the current index.1996, c.13, s.23. Foundation for Democratic Advancement | 2012 FDA Canadian Provinces Report 116
  • 117. QuébecELECTION ACT126. The information contained in the reports, returns and documents prescribed under this titleis public information, except the list of members of an authorized party referred to in section51.2 and any information on the distribution slip described in section 95.1 other than thecontributor’s given name and surname, the address of the contributor’s domicile and the amountof the contribution. Any person may examine the reports, returns and documents at theinformation centre of the Chief Electoral Officer during regular working hours, and make copiesof them.457.17. A private intervenor who is an elector or the representative of a private intervenor maynot pay an expense of $25 or more without a voucher in the form of an itemized invoice.91. Except for a contribution described in section 127.7, the total of contributions for the benefitof each party, independent Member and independent candidate by the same elector during thesame calendar year shall not exceed the amount of $1,000. In the case of a party, the amount maybe paid in whole or in part for the benefit of one or another of its party authorities.423. During an election period, a radio, television or cable broadcaster and the owner of anewspaper, periodical or other publication may make air time on the radio or television or spacein the newspaper, periodical or other publication available free of charge to the leaders of theparties and to candidates, provided he offers such service equitably as to quality and quantity toall the candidates of the same electoral division or to all the leaders of the parties represented inthe National Assembly or which obtained at least 3 % of the valid votes at the last generalelection.426. Election expenses shall be limited so as never to exceed for a party, during a generalelection, $0.69 per elector for all the electoral divisions in which such party has an officialcandidate.The election expenses for each candidate shall be limited so as never to exceed $1.19 per electorduring a general election. However, in the electoral divisions of Duplessis, Rouyn-Noranda-Témiscamingue, René-Lévesque and Ungava, the maximum is increased by $0.29 per elector,and in the electoral division of Îlesde-la-Madeleine, the maximum is increased by $0.83 perelector.457. The Chief Electoral Officer shall reimburse an amount equal to 50% of the electionexpenses incurred and paid in conformity with this Act, for each candidate (1) declared elected; (2) who obtained at least 15% of the valid votes... Foundation for Democratic Advancement | 2012 FDA Canadian Provinces Report 117
  • 118. The election expenses that may be reimbursed may in no case exceed the maximum amountfixed under the second paragraph of section 426 and, where applicable, under the third paragraphof that section.457.1. The Chief Electoral Officer shall reimburse to each political party that obtained at least1% of the valid votes an amount equal to 50% of the election expenses incurred and paid inconformity with this Act. The election expenses that may be reimbursed may not exceed the limitfixed under the first paragraph of section 426.457.2. No person may incur expenses described in paragraph 13 of section 404 unless the personhas been issued an authorization in accordance with this division. Only an elector or a group notendowed with legal personality and composed in the majority of natural persons who arequalified electors may apply for authorization as a private intervenor. An authorized politicalparty that presents no candidate at a general election or a by-election and wishes to intervene asprivate intervenor must notify the Chief Electoral Officer.457.3. An elector who applies for authorization must (1) indicate his name, date of birth, domiciliary address and telephone number; (2) declare that he is a qualified elector; (3) declare that he does not intend to directly promote or oppose any candidate or party; (4) state briefly the purpose of the application, specifying, where applicable, the matter ofpublic interest on which he intends to express his views; (5) declare that he is not a member of any party; (6) declare that he is not acting directly or indirectly on behalf of any candidate or party; (7) declare that, to his knowledge, he does not belong to a group that has obtained anauthorization as a private intervenor for a similar purpose or whose application for authorizationis pending.559. Every official agent is liable to a fine of $5,000 to $20,000 who (1) incurs or authorizes election expenses exceeding the maximum fixed by section 426; (2) files a false report, return or statement; (3) produces a false or falsified invoice, receipt or other voucher; (4) after filing his report or return, pays a claim otherwise than as permitted by section 445.Every elector referred to in section 457.3 or in the last paragraph of section 457.4 who makes afalse declaration, files a false report or produces a false or falsified invoice, receipt or voucher isalso liable to a fine of $1 000 to $10 000.559.0.1. Every official representative is liable to a fine of $5,000 to $20,000 who (1) files a false report, return or statement; (2) produces a false or falsified invoice, receipt or other voucher; (3) pays a claim otherwise than as permitted by section 445. Foundation for Democratic Advancement | 2012 FDA Canadian Provinces Report 118
  • 119. 559.0.2. Every financial representative of a political party leadership candidate is liable to a fineof $5,000 to $20,000 who (1) files a false return or declaration; (2) produces a false or falsified invoice, receipt or other voucher; or (3) pays a claim otherwise than as permitted by sections 127.14 and 127.15.560. Every candidate, party leader or interim leader who allows an election expense or partyleadership campaign expense to be incurred or paid otherwise than as permitted by this Act isliable to a fine of $5,000 to $20,000.561. Every person who solicits or collects contributions or incurs expenses without holding anauthorization from the Chief Electoral Officer or the financial representative of a party leadershipcandidate, as applicable, is liable to a fine of $5,000 to $20,000 in the case of a natural person or,in the case of a legal person, to a fine of $10,000 to $50,000.564.1. The following are liable to a fine of $5,000 to $20,000 for a first offence and a fine of$10,000 to $30,000 for any subsequent offence within 10 years: (1) an elector who falsely declares that a contribution is being made out of the elector’s ownproperty, voluntarily, without compensation and for no consideration, and that it has not and willnot be reimbursed in any way; (2) a person who, by using threats or coercion or by promising compensation, consideration ora reimbursement, incites an elector to make a contribution. Foundation for Democratic Advancement | 2012 FDA Canadian Provinces Report 119
  • 120. SaskatchewanElection ActPublic right to inspect documents232(1) The Chief Electoral Officer shall supply to any person who requests copies of or extractsfrom:(a) the register; or(b) any report, return or document with respect to a registered political party or candidate that theregistered political party or candidate is required to file with or send to the Chief ElectoralOfficer pursuant to this Act.(2) Before obtaining copies or extracts, the person requesting the copies or extracts shall pay tothe Chief Electoral Officer a fee set by the Chief Electoral Officer.(3) The Chief Electoral Officer may only set a fee in an amount the Chief Electoral Officerrequires to recover the costs of making the copies or extracts.(4) The Chief Electoral Officer shall keep the register and the reports, returns or documentsavailable for public inspection during normal office hours of the Chief Electoral Officer.Anonymous contributions241(1) No business manager and no chief official agent of a registered political party shallaccept, and no person shall make, an anonymous contribution that exceeds $250.(2) If an agent fails to identify the agent’s principal in accordance with section 240, the amountof the contribution is deemed to be received from an anonymous donor.(3) Any contribution in excess of $250 from an anonymous donor is forfeited to the Crown inright of Saskatchewan.(4) A business manager or chief official agent who receives an anonymous contribution in excessof $250 shall immediately:(a) report the contribution and the circumstances of the contribution in writing to the ChiefElectoral Officer; and(b) forward the amount of the contribution with the written report to the Chief Electoral Officer.(5) The Chief Electoral Officer shall forward to the Minister of Finance any amounts received bythe Chief Electoral Officer pursuant to subsection (4), and the Minister of Finance shall depositthose amounts in the general revenue fund.No contributions from non-Canadians242 No business manager and no chief official agent of a registered political party shall accept acontribution from a contributor who resides outside Canada, unless that contributor is a Canadiancitizen.Limits on election and advertising expenses243(1) No registered political party and no chief official agent and no other person acting withinthe scope of that person’s authority on behalf of a registered political party shall incur electionexpenses that exceed in the aggregate: Foundation for Democratic Advancement | 2012 FDA Canadian Provinces Report 120
  • 121. (a) in the case of a general election, the adjusted amount of $673,783;(b) in the case of an election other than a general election:(i) in a constituency lying north of the dividing line described in the schedule to TheConstituency Boundaries Act, 1993, the adjusted amount of $39,082 with respect to a candidateendorsed by the registered political party at the election;(ii) in a constituency lying south of the dividing line described in the schedule to TheConstituency Boundaries Act, 1993, the greater of the following amounts with respect to acandidate endorsed by the registered political party at the election:(A) the adjusted amount of $32,567;(B) the amount obtained when the adjusted amount of $2.60 is multiplied by the number ofnames on the voters’ list for the candidate’s constituency.(2) For the purposes of paragraph (1)(b)(ii)(B), the number of names on the voters’ list of aconstituency is the number determined by the returning officer of the constituency.(3) The returning officer shall determine the number of names, as soon as is practicable, after allthe official voters’ lists for a constituency have been certified pursuant to section 28.(4) In addition to the election expenses limits imposed by subsection (1), the adjusted amount of$195,407 is the maximum total advertising expenses that may be incurred during a fiscal year bya registered political party, including advertising expenses incurred by the following persons orgroups using funds provided directly or indirectly by the registered political party:(a) a constituency organization of the registered political party;(b) a candidate endorsed by the registered political party;(c) a member of the Legislative Assembly who is a member of the registered political party.(5) In this section, “advertising expenses” means expenses for advertising in any newspaper ormagazine published in Saskatchewan or for acquiring the right to use time on the facilities of anybroadcasting undertaking.Limit on candidate’s election expenses252(1) No candidate and no business manager or other person acting on behalf of a candidatewithin the scope of that person’s authority shall incur election expenses that exceed in theaggregate:(a) in a constituency lying north of the dividing line described in the schedule to TheConstituency Boundaries Act, 1993, the greater of the following amounts:(i) the adjusted amount of $52,108;(ii) the amount obtained when the adjusted amount of $5.21 is multiplied by the number ofnames on the voters’ list for the candidate’s constituency;(b) in a constituency lying south of the dividing line described in the schedule to TheConstituency Boundaries Act, 1993, the greater of the following amounts:(i) the adjusted amount of $39,082;(ii) the amount obtained when the adjusted amount of $2.60 is multiplied by the number ofnames on the voters’ list for the candidate’s constituency.(2) For the purposes of subsection (1), the number of names on the voters’ list of a constituencyis the number determined by the returning officer of the constituency.(3) The returning officer shall determine the number of names, as soon as is practicable, after all Foundation for Democratic Advancement | 2012 FDA Canadian Provinces Report 121
  • 122. the official voters’ lists for the constituency have been certified pursuant to section 28.(4) For the purposes of this section, a candidate may include in the candidate’s election expensesall or any part of the candidate’s campaign expenses. (5) A candidate may exclude from thecandidate’s election expenses all or any part of the candidate’s campaign expenses if includingthe campaign expenses or part of the campaign expenses would result in the candidate exceedingthe limits prescribed in subsection (1).Eligibility for reimbursement - party264(1) A registered political party is eligible to be reimbursed for election expenses if:(a) the candidates that it has endorsed have received at least 15% of all valid votes cast in theelection; and(b) the registered political party has submitted the election expenses return and other documentsrequired by section 251 within the time prescribed by that section.(2) Immediately after receiving an election expenses return from a registered political party thatis eligible for a reimbursement, the Chief Electoral Officer shall:(a) undertake a preliminary review of the elections expenses return; and(b) if the registered political party is eligible for a reimbursement, prepare and deliver to theMinister of Finance a certificate that sets out:(i) the fact that the registered political party is eligible for a reimbursement and has compliedwith subsection 251(1);(ii) the total of the registered political party’s election expenses as set out in the party’s electionexpenses return.(3) Immediately on receipt of a certificate pursuant to subsection (2), the Minister of Financeshall pay an amount equal to 75% of the amount mentioned in clause (2)(b) to the party’s chiefofficial agent.Eligibility for reimbursement - candidate265(1) Subject to sections 269 and 270, a candidate is eligible to be reimbursed for electionexpenses if:(a) the candidate has received at least 15% of all valid votes cast in the constituency; and(b) the candidate or the candidate’s business manager has submitted the election expenses returnand other documents required by section 261 within the time prescribed by that section.(2) Immediately after receiving an election expenses return from a candidate who is eligible for areimbursement, the Chief Electoral Officer shall:(a) undertake a preliminary review of the election expenses return; and(b) if the candidate is eligible for reimbursement, prepare and deliver to the Minister of Finance acertificate that sets out:(i) the fact that the candidate is eligible for a reimbursement and has complied with subsection261(1); and(ii) the total of the candidate’s election expenses as set out in the candidate’s election expensesreturn.(3) Subject to sections 269 and 270, immediately on receipt of a certificate pursuant tosubsection (2), the Minister of Finance shall pay an amount equal to 75% of the amountmentioned in clause (2)(b) to the candidate’s business manager. Foundation for Democratic Advancement | 2012 FDA Canadian Provinces Report 122
  • 123. FDA Audit Team and Associates:FDA Researchers:Mr. Shane Donovan, 4th year Political Science, University of Calgary.Mr. Stephen Garvey, Bachelor of Arts in Political Science, University of British Columbia andMaster of Philosophy in Environment and Development, University of Cambridge.Mr. Mark Schmidt, Bachelor of Science in Psychology, University of Calgary.Ms. Lindsay Tetlock, Master of Arts in Historical Studies, University of Calgary and Bachelor ofArts in International Relations, University of Calgary.FDA Electoral Fairness Audit Team:Chief Electoral Auditor:Mr. Stephen Garvey, Bachelor of Arts in Political Science, University of British Columbia andMaster of Philosophy in Environment and Development, University of Cambridge.Electoral Auditors:Mr. Shane Donovan, 4th year Political Science, University of Calgary.Mr. Michael Fabris, Bachelor of Accounting, Brock University.Mr. Dale Monette, Bachelor of Commerce, University of Saskatchewan.Mr. Mark Schmidt, Bachelor of Science in Psychology, University of Calgary.Ms. Lindsay Tetlock, Bachelor of Arts in International Relations, University of Calgary andMaster of Arts in Historical Studies, University of Calgary.Report Writer:Mr. Stephen Garvey, Bachelor of Arts in Political Science, University of British Columbia andMaster of Philosophy in Environment and Development, University of Cambridge.Report Translator:Mr. Gildas P. Nangmaleu, Bachelor of Business Administration, University of Douala and Masterof Public Administration, University of Laussanne.Report Reviewers:Mr. Michael Fabris, Bachelor of Accounting, Brock University.Mr. Dale Monette, Bachelor of Commerce, University of Saskatchewan.Ms. Lindsay Tetlock, Bachelor of Arts in International Relations, University of Calgary andMaster of Arts in Historical Studies, University of Calgary. Foundation for Democratic Advancement | 2012 FDA Canadian Provinces Report 123

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