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Proposed Amendments to Election Finances Statute Law Amendment Act

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Proposed Amendments to Election Finances Statute Law Amendment Act

Government House Leader's Office

Ontario is proposing amendments to the Election Finances Statute Law Amendment Act, 2016 (Bill 2), which would make the following changes to the Election Finances Act:

  • Adding the following section to  provide constituency associations with public funding:

Constituency association allowance

32.1 (3.1)  The Chief Electoral Officer shall determine, for each quarter of a calendar year commencing with the 2017 calendar year, an allowance payable to each registered constituency association.

How allowance is calculated

(3.2)  Each registered constituency association's allowance for a quarter is the amount calculated by the following rules:

     1.    For each electoral district, take $6,250, multiplied by the indexation factor determined for the calendar year under section 40.1.

     2.    Subject to paragraphs 3 and 4, divide the amount determined under paragraph 1 among the registered constituency associations of the electoral district, based on the percentage of the total number of valid votes the registered candidates associated with the registered parties of the constituency associations received in the electoral district at the most recent election.

     3.    No amount is payable to a registered constituency association where the registered candidate associated with the registered party of the constituency association received fewer than two per cent of valid votes cast at the most recent election.

     4.    If, since the most recent election, a redistribution of electoral districts has necessitated changes regarding the registered constituency associations in order to align registered constituency associations with the redistributed electoral districts, the amount shall be divided among the registered constituency associations of the redistributed electoral district in a manner determined by the Chief Electoral Officer.

Condition of payment

(3.3)  An allowance is only payable to a registered constituency association for a quarter if all documents that it was required to file with the Chief Electoral Officer in the four year period immediately before the quarter have been filed and are complete.

  • Deleting section 23, which describes rules for fundraising events, and replacing it with the following: 

Fund-raising events

23.  (1)  In this section,

"fund-raising event" means an event held for the purpose of raising funds for the party, constituency association, nomination contestant, candidate or leadership contestant registered under this act by whom or on whose behalf the event is held, and where a charge by the sale of tickets or otherwise is made for attendance. 

Income to be reported

(2)  The gross income from any fund-raising event shall be recorded and reported to the Chief Electoral Officer by the chief financial officer of the party, constituency association, nomination contestant, candidate or leadership contestant registered under this act that held the event or on whose behalf the event was held.

Where amounts to be considered contribution

(3)  Any amount paid for goods or services, other than advertising services, offered for sale at a fund-raising event in excess of the highest amount charged, at or about the time the goods or services are provided, by any other person providing similar goods on a commercial retail basis or similar services on a commercial basis in the market area in which the goods or services are provided, shall be considered to be a contribution for the purposes of this act.

Same, advertising

(4)  Any amount paid for advertising services offered for sale in connection with a fund-raising event shall be considered to be a contribution for the purposes of this Act.

Information regarding fund-raising events

(5)  Every registered party to which section 25.1 applies shall post on its website the following information respecting every fund-raising event to be held by or on behalf of the party, its constituency associations and candidates:

     1.    The date of the fund-raising event.

     2.    The location of the fund-raising event.

     3.    The amount of the charge for attending the fund-raising event.

     4.    The identity of the recipient or recipients of the funds to be raised at the fund-raising event.

Timing

(6) The registered party shall post the information described in subsection (5),

    (a)    at least seven days before the date of the fund-raising event; or

    (b)    in the case of a fund-raising event that is to take place during the period commencing with the issue of a writ for an election and terminating on election day, at least three days before the date of a fund-raising event.

Limit on contributions

(7)  The total contribution made with respect to a single fund-raising event by a contributor may not exceed $1,200, multiplied by the indexation factor determined under section 40.1 for the calendar year in which the fund-raising event is held and rounded to the nearest dollar.

Attendance at fund-raising events prohibited

23.1 (1)  None of the following may attend a fund-raising event:

     1.    A member of the Assembly.

     2.    The leader of a registered party.

     3.    A nomination contestant, candidate or leadership contestant registered under this act.

Saving

(2)  For greater certainty, nothing in subsection (1) prevents a person mentioned in that section from,

    (a)    attending an event held by or on behalf of a party, constituency association, nomination contestant, candidate or leadership contestant registered under this act where a charge by the sale of tickets or otherwise is made exclusively to recover the costs of holding the event, and where any money raised in excess of the amount required for cost recovery is promptly paid to the Chief Electoral Officer; or

    (b)    soliciting contributions by mail, telephone, electronic communication or other means.

Definitions

(3)  In this section,

"fund-raising event" has the same meaning as in section 23.

Media Contacts

  • Kyle Richardson

    Office of the Government House Leader

    416-325-8291

  • Brendan Crawley

    Communications Branch, Ministry of the Attorney General

    416-326-2210

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