Bill 56 - An Act to Amend the Political Process Financing Act

BILL 56

An Act to Amend the Political Process Financing Act

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

1 Section 1 of the Political Process Financing Act, chapter P-9.3 of the Acts of New Brunswick, 1978, is amended

(a) in subsection (1)

( i) by repealing the following definitions:

“election expenses of a party”;

“enumerator”;

( ii) by repealing the definition “financing” and substituting the following:

“financing” means, subject to section 2, (financement)

(a) a loan or other credit granted at a fair market rate of interest by an individual, corporation or trade union for the political purposes of a political party, association, leadership contestant, nomination contestant or candidate, or

(b) guarantees of loans or other credit provided by an individual, corporation or trade union for the political purposes of a political party, association, leadership contestant, nomination contestant or candidate;

( iii) in the definition “broadcasting undertaking” by striking out “Broadcasting Act, chapter B-11 of the Revised Statutes of Canada, 1970” and substituting “Broadcasting Act (Canada)”;

( iv) in the definition “election expenses of a candidate”

( A) in the portion preceding paragraph (a) by striking out “made during an election” and substituting “made in relation to the candidate during an election”;

( B) by repealing paragraph (a) and substituting the following:

(a) in the case of an official candidate of a registered political party,

( i) to the official representative of the registered district association associated with that party in the electoral district in which that person is a candidate, or

( ii) if there is no registered district association associated with that party in the electoral district in which that person is a candidate, to the official representative of that party; or

( v) in the definition “general election” by striking out “election writs” and substituting “writs”;

( vi) in the definition “trade union” by striking out “Canada Labour Code, chapter L-1 of the Revised Statutes of Canada, 1970,” and substituting “Canada Labour Code (Canada)”;

(b) in subsection (2)

( i) by striking out “registered district associations” and substituting “registered district association”;

( ii) by striking out “Writ of Election” and substituting “writ”;

( iii) in the French version by striking out “liste préliminaire des électeurs” and substituting “liste électorale préliminaire”;

(c) in subsection (3) by striking out “Income Tax Act, chapter 148 of the Revised Statutes of Canada, 1952,” and substituting “Income Tax Act (Canada)”.

2 The heading “CONTRIBUTIONS AND EXPENDITURES” preceding section 2 of the Act is repealed and the following is substituted:

CONTRIBUTIONS, FINANCING AND EXPENDITURES

3 Section 2 of the Act is amended

(a) in subsection (1)

( i) by repealing paragraph (c);

( ii) in paragraph (e) by striking out “twenty-five dollars” and substituting “$85”;

(b) by adding after subsection (1) the following:

2( 1.1) The amount referred to in paragraph (1)(e) shall be adjusted on January 1, 2018, and on January 1 of every succeeding year, by multiplying the amount by the ratio that the Consumer Price Index for the 12-month period ending on the 30th day of September before that year bears to the Consumer Price Index for the 12-month period that ended on September 30, 2017.

2( 1.2) If an amount calculated under subsection (1.1) is not a multiple of one dollar when adjusted as provided in this section, it shall be rounded to the nearest multiple of one dollar or, if it is equidistant between two consecutive multiples, to the higher multiple.

2( 1.3) In this section, the Consumer Price Index for Canada for any 12-month period is the result arrived at by

(a) aggregating the Consumer Price Index for Canada, as published by Statistics Canada under the authority of the Statistics Act (Canada), for each month of that period,

(b) dividing the aggregate obtained under paragraph (a) by 12, and

(c) rounding the result obtained under paragraph (b) to the nearest thousandth or, if the result obtained is equidistant between two consecutive thousandths, to the higher thousandth.

(c) in subsection (2) by striking out “pursuant to this Act” and substituting “in accordance with this Act, and these transfers are not considered contributions under this Act”;

(d) by adding after subsection (2) the following:

2( 2.1) The following are not considered financing under this Act:

(a) credit that is provided or extended by a business in connection with the sale of goods or services by the business;

(b) expenditures, incurred under section 49 by a person authorized by an official representative to make expenditures, using the person’s own money or credit that are reimbursed by the official representative;

(c) election expenses, incurred under section 70 by a chief agent, an official agent or a person authorized by a chief agent or an official agent using his or her own money or credit, that are reimbursed by the chief agent or official agent, as the case may be;

(d) election expenses, incurred under section 71 by a candidate using his or her own money or credit, that are reimbursed by the candidate’s official agent; and

(e) election expenses, incurred under section 74 by the designated publicity agency of a registered political party or of a candidate using the agency’s money or credit, that are reimbursed by the chief agent of the registered political party or the official agent of the candidate, as the case may be.

2( 2.2) Nothing in this Act limits or prohibits a registered political party and any of its registered district associations or official candidates from providing loans or other credit or guarantees of loans or other credit to each other, if each loan or other credit or guarantee of a loan or other credit is recorded by the appropriate official representative, chief agent or official agent and disclosed to the Supervisor in accordance with this Act, and these loans or other credit or guarantees of loans or other credit are not considered financing under this Act.

4 Paragraph 14(a) of the Act is amended

(a) in subparagraph (i) by striking out “and candidates” and substituting “, candidates, leadership contestants, nomination contestants”;

(b) in subparagraph (iii) by striking out “and registered independent candidates” and substituting “, registered independent candidates, leadership contestants, nomination contestants, official agents and other persons”;

5 Subsection 15(1) of the Act is amended by adding “or financing has been provided” after “have been made”.

6 Subsection 18(1) of the Act is amended by striking out “contributions, expenditures” and substituting “contributions, financing, expenditures”.

7 Section 22 of the English version of the Act is amended by striking out “Chairman” and substituting “Chair”.

8 Section 24 of the English version of the Act is amended by striking out “Chairman” and substituting “Chair”.

9 Section 28 of the Act is amended by striking out “contributions” and substituting “contributions or financing”.

10 Section 32 of the Act is amended

(a) by repealing subsection (2) and substituting the following:

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

(A - B) × (C + D x 1.5) / (E + F x 1.5)

where

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

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

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

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

E is the total number of valid votes cast for all of the male official candidates of all the qualifying political parties at the preceding general election; and

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

(b) in subsection (3) by striking out “by dividing C by D” and substituting “by dividing (C + D x 1.5) by (E + F x 1.5)”.

11 The heading “CONTRIBUTIONS” preceding section 37 of the Act is repealed and the following is substituted:

CONTRIBUTIONS AND FINANCING

12 Section 37 of the Act is amended

(a) in subsection (1) by striking out “make a contribution” and substituting “make a contribution or provide financing”;

(b) in subsection (2) by striking out “Contributions may only be made” and substituting “Contributions may only be made and financing may only be provided”.

13 Section 38 of the Act is amended

(a) in subsection (1) by striking out “make a contribution out of his or its own property” and substituting “make a contribution or provide financing out of his or her or its own property”;

(b) in subsection (2)

( i) in paragraph (a) by striking out “made a contribution” and substituting “made a contribution or provided financing”;

( ii) in paragraph (b) by striking out “that he or it will, as a result, make a contribution” and substituting “that he or she or it will, as a result, make a contribution or provide financing”.

14 Section 39 of the Act is amended

(a) in subsection (1) by repealing the portion preceding paragraph (a) and substituting the following:

39( 1) An individual, corporation or trade union may, during a calendar year, make a contribution or provide financing that, taken together, is not in excess of $3,000 to

(b) in subsection (1.1) by repealing the portion preceding paragraph (a) and substituting the following:

39( 1.1) For the purposes of subsection (1), a contribution may be made or financing may be provided under paragraph (1)(a)

(c) in subsection (1.2) by striking out “make a contribution” and substituting “make a contribution or provide financing”;

(d) by adding after subsection (1.2) the following:

39( 1.21) Despite subsection (1.2), a chartered bank, trust company, credit union or other commercial lending institution may provide financing in excess of $3,000 to a registered political party, a registered district association or a registered independent candidate.

(e) in subsection (1.4) by striking out “$6,000” and substituting “$3,000”;

(f) in subsection (1.5) by striking out “$6,000 if the full amount of the financing is secured by guarantors” and substituting “$3,000 if the full amount of the financing is secured by sureties or guarantors”;

(g) in subsection (1.6) by striking out “Guarantors” and substituting “Sureties and guarantors”;

(h) in subsection (1.7) by striking out “$6,000” and substituting “$3,000”;

(i) by repealing subsection (4) and substituting the following:

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

(j) by repealing subsection (5).

15 Section 40 of the Act is repealed.

16 Section 41 of the Act is amended

(a) by repealing subsection (1) and substituting the following:

41( 1) Contributions or financing shall be solicited only under the direction of an official representative by persons authorized in writing by the official representative.

(b) by repealing subsection (1.1).

17 Section 42 of the Act is repealed and the following is substituted:

Contributions or financing made to official representative

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

18 The Act is amended by adding after section 42 the following:

Financing as contribution

42.01( 1) If an individual, corporation or trade union waives the right to recover a loan provided under section 39, the principal and interest outstanding on the loan are deemed to be a contribution on the date of the waiver and are subject to the applicable limits under section 39.

42.01( 2) A payment made by a surety or guarantor in respect of a loan is deemed to be a contribution and is subject to the applicable limits under section 39.

42.01( 3) A payment made by an individual, corporation or trade union in respect of a loan is deemed to be a contribution and is subject to the applicable limits under section 39.

42.01( 4) A contribution under subsection (2) or (3) shall be deemed to have been made on the date when the payment is received by the official representative of the registered political party, registered district association, registered independent candidate, leadership contestant or nomination contestant for whom or for which it is intended or, if the payment is made directly on the loan, on the date of payment.

19 Section 42.1 of the Act is repealed.

20 Section 45 of the Act is amended by striking out “money” and substituting “money and all financing, other than guarantees of loans or other credit,”.

21 Section 49 of the Act is amended by adding after subsection (2) the following:

49( 3) Any person authorized by an official representative to make expenditures shall, without delay, submit to the official representative all expenditures incurred by the person in accordance with subsection (1).

49( 4) Any person authorized by an official representative to make expenditures who, out of his or her own money or credit, incurs expenditures that are not reimbursed to the person by the official representative shall be deemed to have made a contribution equal in value to the amount of the expenditures.

49( 5) A deemed contribution under subsection (4) shall,

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

(b) in the case of expenditures incurred on behalf of a registered district association, be deemed to have been made to the official representative of that district association;

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

(d) in the case of expenditures incurred on behalf of a leadership contestant, be deemed to have been made to the official representative of that contestant; and

(e) in the case of expenditures incurred on behalf of a nomination contestant, be deemed to have been made to the official representative of that contestant.

22 Subsection 49.1(2) of the Act is amended by striking out “out of his or her own money” and substituting “using his or her own money or credit”.

23 Section 50 of the Act is amended

(a) in subsection (1)

( i) in the portion preceding paragraph (a) of the French version by striking out “année civile, de” and substituting “année civile :”;

( ii) by repealing paragraph (a) and substituting the following:

(a) in the case of a registered political party, $150,000 in each calendar year;

( iii) by adding after paragraph (a) the following:

(a.1) in the case of a registered district association, $2,000 in each calendar year;

(a.2) in the case of a registered political party and its registered district associations, an aggregate amount of $150,000; and

( iv) by repealing paragraph (b) and substituting the following:

(b) in the case of a registered independent candidate, $2,000 in each calendar year.

(b) by repealing paragraph (2)(a) and substituting the following:

(a) publicizing the date, time, place and subject matter of a public meeting organized by a registered political party, registered district association or registered independent candidate and an advertisement described in this paragraph may include a photo of a guest speaker and

( i) if a registered political party is responsible for organizing the public meeting, the name, short-form name, abbreviation or logo of the party, or

( ii) if a registered district association is responsible for organizing the public meeting, the name, short-form name or abbreviation of the district association or the logo of the party; and

(c) in paragraph (3)(a) of the English version by striking out “the mailing of letters” and substituting “the cost of postage for the mailing of letters”;

(d) by adding after subsection (3) the following:

50( 4) The amount of any expenditures incurred under subsection (1) shall be adjusted on January 1, 2018, and on January 1 of every succeeding year, by multiplying the amount by the ratio that the Consumer Price Index for the 12-month period ending on the 30th day of September before that year bears to the Consumer Price Index for the 12-month period that ended on September 30, 2017.

50( 5) If an amount calculated under subsection (4) is not a multiple of one dollar when adjusted as provided in this section, it shall be rounded to the nearest multiple of one dollar or, if it is equidistant between two consecutive multiples, to the higher multiple.

50( 6) In this section, the Consumer Price Index for Canada for any 12-month period is the result arrived at by

(a) aggregating the Consumer Price Index for Canada, as published by Statistics Canada under the authority of the Statistics Act (Canada) for each month of that period,

(b) dividing the aggregate obtained under paragraph (a) by 12, and

(c) rounding the result obtained under paragraph (b) to the nearest thousandth or, if the result obtained is equidistant between two consecutive thousandths, to the higher thousandth.

24 Section 55 of the Act is amended

(a) in the portion preceding paragraph (a) by striking out “the financial returns which that party is required to file under this Act” and substituting “the financial return referred to in paragraph 59(1)(b)”;

(b) by repealing paragraph (a) and substituting the following:

(a) the financial return is presented fairly;

(c) in paragraph (b) by striking out “he has made an examination of the returns” and substituting “the auditor has made an examination of the financial return”.

25 Section 56 of the Act is repealed and the following is substituted:

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

26 Section 57 of the Act is amended

(a) in subsection (1) by striking out “$2,000” and substituting “$7,000”;

(b) by adding after subsection (1) the following:

57( 1.1) The amount referred to in subsection (1) shall be adjusted on January 1, 2018, and on January 1 of every succeeding year, by multiplying the amount by the ratio that the Consumer Price Index for the 12-month period ending on the 30th day of September before that year bears to the Consumer Price Index for the 12-month period that ended on September 30, 2017.

57( 1.2) If an amount calculated under subsection (1.1) is not a multiple of one dollar when adjusted as provided in this section, it shall be rounded to the nearest multiple of one dollar or, if it is equidistant between two consecutive multiples, to the higher multiple.

57( 1.3) In this section, the Consumer Price Index for Canada for any 12-month period is the result arrived at by

(a) aggregating the Consumer Price Index for Canada, as published by Statistics Canada under the authority of the Statistics Act (Canada) for each month of that period,

(b) dividing the aggregate obtained under paragraph (a) by 12, and

(c) rounding the result obtained under paragraph (b) to the nearest thousandth or, if the result obtained is equidistant between two consecutive thousandths, to the higher thousandth.

27 Section 58 of the Act is amended

(a) by repealing subsection (1) and substituting the following:

58( 1) The official representative of every registered political party shall, on a form provided by the Supervisor, submit a financial return to the Supervisor that is prepared in accordance with guidelines issued by the Supervisor, contains the information that the Supervisor considers necessary for the period covered by the return and is accompanied by the financial documents required by the Supervisor.

(b) by repealing subsection (2).

28 Section 59 of the Act is amended

(a) in subsection (1)

( i) in paragraph (a) by striking out “the first day of October” and substituting “September 30”;

( ii) by repealing paragraph (b) and substituting the following:

(b) another, for the 12 months of the year, to be submitted not later than May 31 of the following year.

(b) in subsection (2) by striking out “prepared in respect of the total period of time referred to in subsection (1)”.

29 Section 60 of the Act is repealed and the following is substituted:

Financial returns for preceding calendar year

60( 1) Not later than March 31 in each year, the official representative of each registered district association shall, on a form provided by the Supervisor, submit a financial return to the Supervisor for the preceding calendar year.

60( 2) The financial return shall be prepared in accordance with the guidelines issued by the Supervisor, contain the information that the Supervisor considers necessary for the period covered by the return and be accompanied by the financial documents required by the Supervisor.

30 Section 62 of the Act is repealed and the following is substituted:

Financial return of registered independent candidate

62( 1) Not later than March 31 in each year, the official representative of a registered independent candidate shall, on a form provided by the Supervisor, submit a financial return to the Supervisor for the preceding calendar year.

62( 2) The financial return shall be prepared in accordance with the guidelines issued by the Supervisor, contain the information that the Supervisor considers necessary for the period covered by the return and be accompanied by the financial documents required by the Supervisor, except that no registered independent candidate shall be required to set out his or her personal income.

31 Subsection 62.1(2) of the Act is amended

(a) in the portion preceding paragraph (a) of the English version by striking out “registered leadership candidate” and substituting “registered leadership contestant”;

(b) in subparagraph (b)(v)

( i) by repealing clause (B) and substituting the following:

( B) the amounts borrowed and repaid;

( ii) in clause (C) of the English version by striking out “and” at the end of the clause;

( iii) by adding after clause (C) the following:

( C.1) the unpaid principal at the beginning and at the end of the period covered by the financial return; and

32 Section 63 of the Act is amended

(a) by repealing subsection (1) and substituting the following:

63( 1) Financial returns and financial documents submitted to the Supervisor shall, not later than 30 days after receipt of them, be available for inspection and copying at the offices of the Supervisor during ordinary office hours.

(b) by adding after subsection (1) the following:

63( 1.1) Financial returns and any financial documents the Supervisor considers appropriate to make available to the public on the Elections New Brunswick website shall be available on the website not later than 30 days after receipt of them.

63( 2) Subsections (1) and (1.1) do not apply to the details of contributions received from contributors who are individuals who each make contributions totalling $100 or less, including the amount or value of each contribution and whether the contribution is one of money or otherwise, the name and full address of the contributor, the total amount of a contributor’s contributions and any receipts issued for the contributions.

(d) by repealing subsection (2.1);

(e) by repealing subsection (3);

(f) by repealing subsection (4) and substituting the following:

63( 4) At the expiration of six years from the date of submitting financial documents, the financial documents may be returned to the registered political party, registered district association or registered independent candidate who submitted them, or a person designated by the political party, district association or candidate.

33 The Act is amended by adding after section 64 the following:

Filing documents and forms electronically

64.1( 1) The Supervisor may require that any form or document required to be filed with the Supervisor under this Act be submitted in an electronic format that has been approved by the Supervisor, using the technology put in place by the Supervisor.

64.1( 2) If the Supervisor requires a form to be submitted in an electronic format, any requirement in this Act that the truth of the information provided be certified is satisfied if the form is accompanied by a statement to that effect that is signed in accordance with the Electronic Transactions Act by the person so certifying.

64.1( 3) If the Supervisor requires a document to be submitted in an electronic format, any requirement in this Act for filing a certified copy of the document is satisfied if the document is accompanied by a statement to that effect that is signed in accordance with the Electronic Transactions Act by the person so certifying.

34 The heading “PREVIOUSLY HELD FUNDS AND ASSETS” preceding section 65 is repealed.

35 Section 65 of the Act is repealed.

36 Section 66 of the Act is repealed.

37 Section 67 of the Act is amended

(a) in paragraph (2)(g) by striking out “writs of election” and substituting “writs”;

(b) in subsection (4) by striking out “Notwithstanding subsection 3(1), all costs” and substituting “All costs”.

38 Section 70 of the Act is amended

(a) in subsection (1) by striking out “the official agent of a candidate” and substituting “the official agent of an official candidate of a registered political party or of a registered independent candidate”;

(b) by adding after subsection (2) the following:

70( 3) If a person, authorized by a chief agent or an official agent to incur election expenses, incurs election expenses using his or her own money or credit, the person shall submit to the chief agent or official agent, as the case may be, not later than 20 days after polling day a detailed statement of all election expenses incurred by the person.

70( 4) If a person incurs election expenses under subsection (3) and the election expenses are not reimbursed to the person by the chief agent or official agent, as the case may be, the person shall be deemed to have made a contribution equal in value to the amount of the election expenses.

70( 5) A deemed contribution under subsection (4) shall,

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

(b) in the case of election expenses incurred on behalf of an official candidate of a registered political party,

( i) be deemed to have been made to the official representative of the registered district association associated with that party in the electoral district in which that person is a candidate, or

( ii) if there is no registered district association associated with that party in the electoral district in which that person is a candidate, be deemed to have been made to the official representative of the registered political party; and

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

39 Section 71 of the Act is amended

(a) in subsection (1) by striking out “may himself incur his own personal expenses” and substituting “may personally incur expenses”;

(b) by repealing subsection (2.1) and substituting the following:

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

( i) by repealing paragraph (a) and substituting the following:

(a) in the case of an official candidate of a registered political party,

( i) to the official representative of the registered district association associated with that party in the electoral district in which that person is a candidate, or

( ii) if there is no registered district association associated with that party in the electoral district in which that person is a candidate, to the official representative of the registered political party;

( ii) in paragraph (c) by striking out “any other candidate” and substituting “an unregistered independent candidate”.

40 Section 72 of the Act is amended

(a) in subsection (3)

( i) by repealing paragraph (b) and substituting the following:

(b) in the case of election expenses incurred on behalf of an official candidate of a registered political party,

( i) be deemed to have been made to the official representative of the registered district association associated with that party in the electoral district in which that person is a candidate, or

( ii) in paragraph (d) by striking out “political party or candidate” and substituting “unregistered independent candidate”;

(b) by adding after subsection (3) the following:

72( 4) No person shall, by virtue of paragraph (3)(d), be deemed to have contravened subsection 37(2) or section 42.

41 Section 74 of the Act is amended by adding after subsection (4) the following:

74( 5) If a designated publicity agency incurs or authorizes election expenses in accordance with this section, the designated publicity agency shall submit to the chief agent or official agent, as the case may be, not later than 20 days after polling day a detailed statement of all election expenses it incurred or authorized.

74( 6) A designated publicity agency that, using its own money or credit, incurs election expenses that are not reimbursed to the agency by the chief agent or official agent, as the case may be, shall be deemed to have made a contribution equal in value to the amount of the expenses.

74( 7) A deemed contribution under subsection (6) shall,

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

(b) in the case of election expenses incurred on behalf of an official candidate of a registered political party,

( i) be deemed to have been made to the official representative of the registered district association associated with that party in the electoral district in which that person is a candidate, or

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

42 Section 77.1 of the Act is amended

(a) in subsection (1) of the English version by striking out “next before” and substituting “before”;

(b) in paragraph (3)(a) by striking out “Statistics Act, chapter S-16 of the Revised Statutes of Canada, 1970,” and substituting “Statistics Act (Canada)”.

43 Section 78 of the Act is amended

(a) by repealing subsection (1) and substituting the following:

78( 1) If a candidate is declared elected in an election under the Elections Act or has obtained, according to the final addition of the votes cast at the election, 15% or more of the valid votes cast in the electoral district in which the person was a candidate, an election expenses reimbursement shall, subject to section 79, be payable as follows:

(a) if the candidate is an official candidate of a registered political party,

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

( ii) to the registered political party if there is no registered district association associated with that party in the electoral district in which that person is a candidate;

(b) if the candidate is a registered independent candidate, to the official representative of that candidate; and

(b) in subsection (2)

( i) in the portion preceding paragraph (a) by striking out “to the official agent of a candidate entitled thereto” and substituting “under subsection (1)”;

( ii) by repealing paragraph (a) and substituting the following:

(a) the amount of the election expenses of the candidate as set out in his or her statement under section 81, excluding

( i) any claims for election expenses of the candidate contested by the official agent,

( ii) amounts representing the value of contributions referred to in paragraphs (a) and (b) of the definition “election expenses of a candidate” in section 1, and

( iii) amounts representing the current retail price of any advertising material that was used in a previous election, or

44 Subsection 79(2) of the Act is repealed and the following is substituted:

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

45 Section 81 of the Act is amended

(a) by repealing subsection (1) and substituting the following:

81( 1) Within 60 days following the date fixed by the Elections Act for the return of the writ, the official agent of each candidate in an election shall, on a form provided by the Supervisor, submit to the Supervisor a sworn statement of the election expenses of that candidate and all claims for election expenses of the candidate contested by the official agent together with any financial documents that may be required by the Supervisor.

(b) by repealing subsection (3) and substituting the following:

81( 3) The Supervisor shall keep all of the statements and financial documents submitted to the Supervisor in accordance with subsection (1) and during ordinary office hours shall permit any person to examine and make copies of them.

81( 4) At the expiration of six years from the date of submitting financial documents, the financial documents may be returned to the candidate on behalf of whom they were submitted, or a person designated by the candidate.

46 Section 82 of the Act is amended

(a) by repealing subsection (1) and substituting the following:

82( 1) Within 120 days following the date fixed for the return of the writs, each chief agent of a registered political party shall, on a form provided by the Supervisor, submit to the Supervisor a sworn statement of the election expenses of the party and all claims for election expenses of the party contested by the chief agent together with any financial documents that may be required by the Supervisor.

(b) by repealing subsection (3) and substituting the following:

82( 3) The Supervisor shall keep all of the statements and financial documents submitted to the Supervisor in accordance with subsection (1) and shall permit any person to examine and make copies of them during ordinary office hours.

82( 4) At the expiration of six years from the date of submitting financial documents, the financial documents may be returned to the registered political party on behalf of which they were submitted, or a person designated by it.

47 Subsection 83(2) of the Act is amended by striking out “and invoices, receipts and other vouchers” and substituting “and financial documents”.

48 Section 84.1 of the Act is amended

(a) in the definition “campaign period” by striking out “writ for an election” and substituting “writ”;

(b) in paragraph (b) of the definition “election advertising contribution” by striking out “at the current rate of interest in the market at the time it is granted” and substituting “at a fair market rate of interest”.

49 Paragraph 84.6(2)(c) is amended by striking out “paragraph 83.3(3)(g)” and substituting “paragraph 84.3(3)(g)”.

50 Section 90 of the Act is amended

(a) in subsection (3) in the portion preceding paragraph (a) by striking out “Every” and substituting “Subject to subsection (3.1), every”;

(b) by adding after paragraph (3) the following:

90( 3.1) If an offence is alleged to have been committed on or after July 1, 2017, a prosecution under this Act shall

(a) be commenced not later than four years after the day the alleged offence was committed, and

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

(c) in subsection (4) by striking out “Notwithstanding subsection (3), where a prosecution referred to in that subsection” and substituting “Despite subsections (3) and (3.1), when a prosecution”.

51 Section 94 of the Act is repealed.

52 Section 95 of the Act is repealed.

53 Section 96 of the Act is repealed.

54 Schedule B of the Act is amended

(a) by striking out

39(5) ...............

(b) by striking out

58(2) ...............