|
57 |
|
|
|
|
First Session, 48th General Assembly 65 Elizabeth II, 2016 |
|
AN ACT TO AMEND THE MUNICIPAL
ELECTIONS ACT |
|
Received and Read the First Time................................................................................................. |
|
Second |
|
Committee.......................................................................................................................................... |
|
Third |
|
Royal Assent...................................................................................................................................... |
|
HONOURABLE EDDIE JOYCE Minister of Municipal Affairs |
|
Ordered to be printed by
the Honourable House of Assembly |
EXPLANATORY NOTES This Bill would amend the Municipal Elections Act to · provide that contributions of goods and services are accounted for in municipal election campaigns; and · provide for the method of valuing contributions of goods and services. |
A BILL AN ACT TO AMEND THE MUNICIPAL ELECTIONS ACT Analysis 1.
S.67 Amdt. 2.
Ss.67.1 and 67.2 R&S Be it enacted by the Lieutenant-Governor and House of Assembly in Legislative Session convened, as follows: SNL2001 cM-20.2 1. Section 67 of the Municipal Elections Act is amended by adding immediately after subsection (3) the following: (4) For the purpose of this section and section
67.1, a "contribution" means a contribution of money, goods or
services, but does not include the
donation by a natural person of his or her personal services, talents or expertise
or the use of his or her vehicle where it is given freely and not as part of
his or her work in the service of an employer. 2. Sections 67.1 and 67.2 of the Act are repealed and the following substituted: Campaign contributions 67.1 (1) Contributions to candidates shall be made only by natural persons individually, or by corporations or trade unions, individually. (2) Only a candidate or his or her agent may solicit, collect or accept contributions. (3) A contribution to a candidate that is made by a person in a calendar year in an amount that does not exceed the amount prescribed in a regulation under subsection 67(1) or, where there is no regulation, $100, is not a contribution for the purpose of this section. Monetary contributions 67.2 (1) Money contributed to a candidate in an amount exceeding the amount prescribed in a regulation under subsection 67(1) or, where there is no regulation, $100, shall be made only (a) by a cheque that has the name of the contributor printed legibly on it and that is signed by the contributor and drawn on an account in the contributor's name; (b) by a money order that identifies the name of the contributor; or (c) in the case of a contribution by an individual by the use of a credit card, if that credit card has the name of the individual contributor imprinted or embossed on that card, and that contribution shall not be accepted unless the contribution is made in accordance with this subsection. (2) Notwithstanding subsection (1), where money in an amount exceeding the amount prescribed in a regulation under subsection 67(1) or, where there is no regulation, $100, is anonymously contributed to a candidate, that money shall not be utilized by the candidate in the election but shall be paid to the council and used to offset the costs of the election. Contributions of goods or services 67.3 (1) The value of goods or services contributed to a candidate is (a) if the contributor is in the business of supplying those goods or services, the lowest amount charged by the contributor for an equivalent amount of the same goods or services at or about the time and in the market area in which the goods or services are contributed; and (b) if the contributor is not in the business of supplying those goods or services, the lowest amount charged, at or about the time the goods or services are provided, by another person who provides the same goods on a commercial retail basis or services on a commercial basis in the market area in which the goods or services are contributed. (2) Where goods or services in an amount exceeding
the amount prescribed in a regulation under subsection 67(1) or, where there is
no regulation, $100, are anonymously contributed to a candidate, those goods or
services shall not be utilized by the candidate in the election. (3) For greater certainty, where an employee
spends time working for a candidate for which he or she is compensated by his
or her employer and the employer is not a candidate, the value of that compensation
is a contribution of the employer for the purpose of section 67. Records 67.4 A statement filed under a regulation made under subsection 67(1) or, where there is no regulation, under paragraph 67(3)(a) or (b) shall be considered to be an official record of the municipality and, upon request, shall be made available for inspection by members of the public. ©Queen's Printer |