Edward Roberts, Q.C. Minister of Justice, today released a statement outlining details of the province's policy respecting political contributions and election expenses contained in the new Election Expenses legislation brought into force in 1993. Following is the text of his statement and the detailed policy: Minister releases details of new election expenses legislation Today I wish to outline some of the details of this province's legislation concerning political contributions and election expenses. Prior to an election being called, only a registered political party may solicit, collect or accept contributions as permitted under the Elections Act, 1991. During an election campaign, a "registered candidate" (which includes a candidate endorsed by a registered political party), may also solicit, accept or collect contributions and both registered political parties and registered candidates may incur election expenses. A person authorized by the chief financial officer of a registered political party may solicit and accept contributions in the name or on behalf of that party and during election campaign period, a person authorized by the chief financial officer of a registered candidate may solicit and accept contributions in the name and on behalf of the candidate. A receipt for contributions must be issued by either the registered party or the chief financial officer of the registered candidate, as appropriate. The policy contains criteria concerning the use of district association funds. Such funds may not be used to support a political purpose unless they are received in a manner consistent with the legislative guidelines. These funds may not be spent directly by the district association but may be transferred to a registered party or a registered candidate for use in accordance with the act. A COPY OF THE DETAILED GUIDELINES FOLLOWS: 1. Part III of the Elections Act, 1991 concerning Election Finances was proclaimed into force on October 1, 1993. 2. Under the authority of sub-section 341(2) of the Act, the Proclamation bringing Part III into force declared that Part III and sub-section 339(2) (providing for income tax credits for contributions) shall not apply to a registered district association. 3. As a result, only a registered political party may solicit, collect or accept contributions and incur election expenses, as permitted under the Act. At present the Liberal Party, the Progressive Conservative Party and the New Democratic Party are the only parties registered under the Act. During an election campaign period, a registered candidate, including a candidate endorsed by a registered political party as authorized by sub-section 342(3), may also solicit, accept or collect contributions and incur election expenses. 4. A person authorized by the chief financial officer of a registered political party may solicit and accept contributions in the name of and on behalf of that party. Funds collected in accordance with this paragraph must be receipted as a contribution by the registered political party. 5. During an election campaign period representatives of a district association may solicit and accept contributions in the name and on behalf of a registered candidate as authorized by the candidate's chief financial officer. Funds collected in accordance with this paragraph must be receipted as a contribution by or the chief financial officer of the registered candidate. 6. Funds held by a district association may not be used to support a political purpose unless such funds were: (i) on hand prior to October 1, 1993 (ii) raised at a fundraising function within the meaning of s.292 of the Act, or (iii) receipted as a contribution by a registered political party under s.293 of the Act, and (iv) the chief financial officer of the district association has certified that the funds were obtained in accordance with either subparagraph (i), (ii), or (iii). 7. Funds raised or held by a district association in accordance with paragraph 6 may be transferred to: (i) a registered party for use in accordance with the Act; and (ii) a registered candidate for use as authorized by the candidate's chief financial officer in accordance with the Act. 8. A registered party may transfer funds to a registered candidate for use as authorized by the candidate's chief financial officer in accordance with the Act. 9. A transfer of funds made in accordance with paragraph 7 or 8 is not considered a contribution or an election expense, but must be accounted for by the recipient in accordance with the Act. 10. A candidate, or any person, corporation or trade union acting on behalf of a candidate, may not accept contributions unless he or she is registered with the Chief Electoral Officer in accordance with s.284 of the Act. A candidate who has been endorsed by a registered political party may satisfy the requirements of s.284(4)(a)(ii) of the Act by submitting proof of his or her party nomination. 11. Limitations set out in the Act respecting: (i) the amounts of contributions that may be made by a person, corporation or trade union to registered candidates and registered parties; and (ii) the amount of contributions that may be received by or the amount of election expenses that may be incurred by registered candidates and registered parties; are not affected by this Statement. 12. Words and phrases used in this Statement which are defined in the Act shall have the meanings given to them in the Act.
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