Bill 26 - An Act Respecting Leadership Contestants and Nomination Contestants

BILL 26

An Act Respecting Leadership Contestants and Nomination Contestants

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

Elections Act

1( 1) Section 2 of the Elections Act, chapter E-3 of the Revised Statutes, 1973, is amended

(a) by repealing the definition “official representative” and substituting the following:

“official representative” means an individual registered as an official representative of a registered political party, a registered district association, a registered independent candidate, a registered leadership contestant or a registered nomination contestant pursuant to section 137 or an individual who a leadership contestant or a nomination contestant intends to register as an official representative pursuant to section 137; (représentant officiel)

(b) by adding the following definitions in alphabetical order:

“leadership contestant” means an individual who is seeking the leadership of a registered political party; (candidat à la direction)

“nomination contestant” means an individual who is seeking the nomination as a candidate of a registered political party in an electoral district; (candidat à l’investiture)

“registered leadership contestant” means an individual registered pursuant to section 136.1; (candidat à la direction enregistré)

“registered nomination contestant” means an individual registered pursuant to section 136.2; (candidat à l’investiture enregistré)

1( 2) The heading “REGISTRATION OF POLITICAL PARTIES, DISTRICT ASSOCIATIONS AND INDEPENDENT CANDIDATES” preceding section 130 of the Act is repealed and the following is substituted:

REGISTRATION OF POLITICAL PARTIES, DISTRICT ASSOCIATIONS, INDEPENDENT CANDIDATES, LEADERSHIP CONTESTANTS AND NOMINATION CONTESTANTS

1( 3) Section 130 of the Act is repealed and the following is substituted:

Registry of political parties, district associations, independent candidates, leadership contestants and nomination contestants

130 The Chief Electoral Officer shall maintain a registry of political parties, district associations, independent candidates, leadership contestants and nomination contestants setting out the information required to be filed with him or her under sections 133, 134, 136, 136.1, 136.2, 144 and 146.

1( 4) Section 131 of the French version of the Act is amended by striking out the portion preceding paragraph a) and substituting the following:

131 Seuls peuvent être enregistrés les partis politiques suivants :

1( 5) The Act is amended by adding after section 136 the following:

LEADERSHIP CONTESTANTS

Leadership contestants

136.1( 1) On being accepted as a leadership contestant by a registered political party, a leadership contestant shall register as soon as possible with the Chief Electoral Officer.

136.1( 2) The Chief Electoral Officer shall register in the Registry of Leadership Contestants the name of any individual who files with him or her an application for registration in writing signed by the individual and setting out:

(a) the full name and address of the leadership contestant;

(b) the name of the registered political party for which he or she intends to be a leadership contestant;

(d) a statement signed by an authorized officer of the registered political party stating that the leadership contestant is accepted as a leadership contestant by that political party; and

(e) the address to which communications intended for him or her may be addressed and where his or her books, records and accounts pertaining to contributions to and expenditures by him or her are or will be maintained.

136.1( 3) Following the holding of a leadership convention, a registered political party shall file with the Chief Electoral Officer a certificate of leadership convention signed by an authorized officer of the registered political party detailing the leadership convention, including the contestants who stood for election, the individual elected and the individuals who withdrew as contestants.

NOMINATION CONTESTANTS

Nomination contestants

136.2( 1) On being accepted as a nomination contestant by a registered political party, a nomination contestant shall register as soon as possible with the Chief Electoral Officer.

136.2( 2) The Chief Electoral Officer shall register in the Registry of Nomination Contestants the name of any individual who files with him or her an application for registration in writing signed by the individual and setting out:

(a) the full name and address of the nomination contestant;

(b) the name of the registered political party for which he or she intends to be a nomination contestant;

(d) the name and address of the official representative of the nomination contestant;

(e) a statement signed by an authorized officer of the registered political party stating that the nomination contestant is accepted as a nomination contestant by that political party; and

(f) the address to which communications intended for him or her may be addressed and where his or her books, records and accounts pertaining to contributions to and expenditures by him or her are or will be maintained.

136.2( 3) Following the holding of a nomination convention, a registered political party shall file with the Chief Electoral Officer a certificate of nomination convention signed by an authorized officer of the registered political party detailing the nomination convention, including the contestants who stood for nomination, the individual elected and the individuals who withdrew as contestants.

1( 6) Section 137 of the Act is amended

(a) in subsection (1) by striking out “and registered independent candidate” and substituting “, registered independent candidate, registered leadership contestant and registered nomination contestant”;

(b) by adding after subsection (4) the following:

137( 4.1) On registering a leadership contestant in the registry under section 136.1, the Chief Electoral Officer shall enter the name of the official representative of the leadership contestant in the registry referred to in this section.

137( 4.2) On registering a nomination contestant in the registry under section 136.2, the Chief Electoral Officer shall enter the name of the official representative of the nomination contestant in the registry referred to in this section.

(c) in subsection (5) by striking out “or registered district candidate” and substituting “, registered independent candidate, registered leadership contestant or registered nomination contestant”;

(d) by adding after subsection (5) the following:

137( 5.1) A leadership contestant or nomination contestant may be the same person as the official representative of that contestant.

(e) in subsection (6) by striking out “or independent candidate” and substituting “, independent candidate, leadership contestant or nomination contestant”;

(f) in subsection (8) in the portion preceding paragraph (a) by striking out “or registered independent candidate” and substituting “, registered independent candidate, registered leadership contestant or registered nomination contestant”.

1( 7) The heading “CHANGES IN REGISTERED POLITICAL PARTIES, ASSOCIATION, INDEPENDENT CANDIDATES AND OFFICIAL REPRESENTATIVES” preceding section 139 of the Act is repealed and the following is substituted:

CHANGES IN REGISTERED POLITICAL PARTIES, REGISTERED DISTRICT ASSOCIATIONS, REGISTERED INDEPENDENT CANDIDATES, REGISTERED LEADERSHIP CONTESTANTS, REGISTERED NOMINATION CONTESTANTS AND OFFICIAL REPRESENTATIVES

1( 8) Section 139 of the Act is amended by adding after subsection (4) the following:

139( 5) The Chief Electoral Officer shall, on written application signed by a registered leadership contestant, cancel the registration of that contestant.

139( 6) The Chief Electoral Officer shall, on written application signed by a registered nomination contestant, cancel the registration of that contestant.

1( 9) Section 145 of the Act is amended

(a) in paragraph (c) by striking out “and” at the end of the paragraph;

(b) in paragraph (d) by striking out the period at the end of the paragraph and substituting “; and”;

(e) in the case of the official representative of a registered leadership contestant or registered nomination contestant, by that contestant.

1( 10) Section 146 of the Act is repealed and the following is substituted:

146 If a registered political party, registered district association, registered independent candidate, registered leadership contestant or registered nomination contestant ceases, for any reason, to have an official representative, chief agent or official agent, as the case may be, a replacement shall be appointed without delay and the name and address of the new appointment along with the name and address of the person he or she is replacing shall be filed with the Chief Electoral Officer in a written notice signed

(a) in the case of the appointment of an official representative or chief agent of a registered political party, by the leader of the party,

(b) in the case of the appointment of an official representative of a registered district association, by the leader or official representative of the party associated with the district association,

(c) in the case of the appointment of the official representative or official agent of a registered independent candidate, by that independent candidate, and

(d) in the case of the appointment of the official representative of a registered leadership contestant or registered nomination contestant, by that contestant.

1( 11) Section 148 of the Act is amended by striking out “and registered independent candidates” and substituting “, registered independent candidates, registered leadership contestants and registered nomination contestants”.

Political Process Financing Act

2( 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 definition “contribution” and substituting the following:

“contribution” means, subject to section 2, services, money or other property donated to a political party, an association, a leadership contestant, a nomination contestant or a person to support the political purposes of a political party, association, leadership contestant, nomination contestant or candidate; (contribution)

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

“expenditure” means any expense incurred by a political party, an association, a leadership contestant, a nomination contestant or any person for the political purposes of a political party, association, leadership contestant, nomination contestant or candidate; (dépenses)

( iii) by repealing the definition “receipt” and substituting the following:

“receipt” means a receipt in the form prescribed by the Supervisor pursuant to paragraph 14(c) for the acknowledgement of contributions to a registered political party, registered district association or registered independent candidate and containing the information required by subsection 46(2); (reçu)

( iv) in the definition “financial return” by striking out “sections 58, 60 or 62” and substituting “sections 58, 60, 62 or 62.1”;

( v) by adding the following definitions in alphabetical order:

“contestant receipt” means a commercially available receipt and duplicate copy of that original receipt for the acknowledgement of contributions to a leadership contestant or nomination contestant and containing the information required by subsection 46.1(2); (reçu du candidat à la direction ou à l’investiture)

“financing”, with respect to a leadership contestant or nomination contestant, means loans or other credit or guarantees of loans or other credit provided by an individual, corporation or trade union for the political purposes of a leadership contestant or nomination contestant; (financement)

(b) in subsection (2) by adding the following in alphabetical order:

“leadership contestant”,

“nomination contestant”,

“registered leadership contestant”,

“registered nomination contestant”,

2( 2) The heading “APPLICATION” preceding section 3 of the Act is repealed and the following is substituted:

SUPERVISOR OF POLITICAL FINANCING

2( 3) Section 3 of the Act is repealed.

2( 4) Section 14 of the Act is amended

(a) in paragraph (c)

( i) by repealing the portion preceding subparagraph (i) and substituting the following:

(c) with respect to the acknowledgement of contributions in relation to a registered political party, registered district association or registered independent candidate:

( ii) in subparagraph (iii) by striking out the period at the end of the subparagraph and substituting a semicolon;

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

(d) with respect to the acknowledgement of contributions in relation to a leadership contestant or nomination contestant, issue guidelines with respect to the manner of the issuance, retention and disposition of contestant receipts.

2( 5) The heading “REGISTRATION OF PARTIES, DISTRICT ASSOCIATIONS AND INDEPENDENT CANDIDATES” preceding section 28 of the Act is repealed and the following is substituted:

REGISTRATION OF PARTIES, DISTRICT ASSOCIATIONS, INDEPENDENT CANDIDATES, LEADERSHIP CONTESTANTS AND NOMINATION CONTESTANTS

2( 6) Section 28 of the Act is repealed and the following is substituted:

Solicitation, collection and acceptance of contributions

28 Only a registered political party, registered district association, registered independent candidate, leadership contestant or nomination contestant may solicit, collect or accept contributions, or incur expenditures other than election expenses.

2( 7) Subsection 37(2) of the Act is amended by striking out “or registered independent candidate” and substituting “, registered independent candidate, leadership contestant or nomination contestant”.

2( 8) Section 39 of the Act is amended

(a) in subsection (1) of the French version by striking out “corporation” and substituting “personne morale”;

(b) by adding after subsection (1.1) the following:

39( 1.2) No individual, corporation or trade union shall make a contribution in violation of subsection (1).

39( 1.3) Subject to subsection (1.4), an individual, corporation or trade union may make a contribution or provide financing to a leadership contestant or a nomination contestant until the date on which the official representative files his or her final financial return under section 62.1.

39( 1.4) No individual, corporation or trade union shall make a contribution or provide financing under subsection (1.3) that, taken together, is in excess of $6,000.

39( 1.5) Despite subsection (1.4), a chartered bank, trust company, credit union or other commercial lending institution may provide financing in excess of $6,000 if the full amount of the financing is secured by guarantors.

39( 1.6) Guarantors referred to in subsection (1.5) shall comply with subsection (1.4).

39( 1.7) Despite subsection (1.4), on the expiry of the period referred to in subsection (1.3), no registered leadership contestant or registered nomination contestant shall, without reasonable excuse, have outstanding liabilities incurred for the purposes of the leadership contest or nomination contest if the sum of the liabilities and any contributions the contestant has made to himself or herself exceeds $6,000.

39( 5) No leadership contestant or nomination contestant, and no person on his or her behalf, shall knowingly accept any contribution or financing made in contravention of this Act.

2( 9) Section 41 of the Act is amended

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

41( 1.1) Contributions or financing shall be solicited only under the direction of the official representative of a leadership contestant or nomination contestant or by persons authorized in writing by the official representative.

(b) in subsection (2) by striking out “to solicit contributions” and substituting “to solicit contributions or financing”.

2( 10) The Act is amended by adding after section 42 the following:

Contributions or financing made to an official representative of a leadership contestant or nomination contestant

42.1 No contribution or financing shall be made except to the official representative of the leadership contestant or nomination contestant for whom it is intended, or to a person authorized in writing by the official representative.

2( 11) Subsection 44(2) of the Act is amended by striking out “or registered independent candidate” and substituting “, registered independent candidate, leadership contestant or nomination contestant”.

2( 12) Section 44.1 of the Act is amended

(a) in subsection (1) by striking out “or registered independent candidate” and substituting “, registered independent candidate, leadership contestant or nomination contestant”;

(b) in subsection (3) by striking out “or registered independent candidate” and substituting “, registered independent candidate, leadership contestant or nomination contestant”.

2( 13) The Act is amended by adding after section 46 the following:

Contestant receipt to contributor

46.1( 1) Every contribution to a leadership contestant or nomination contestant shall be acknowledged by a contestant receipt issued to the contributor and signed by the official representative of the contestant for whom the contribution was intended.

46.1( 2) Every contestant receipt shall accurately record the following information:

(a) the name and address of the contributor;

(b) whether the contribution is one of money or otherwise;

(d) the amount or value of the contribution;

(e) the date the contribution is made; and

(f) any other information prescribed by the Supervisor.

46.1( 3) A contestant receipt shall not be issued for any purpose except to acknowledge a contribution.

46.1( 4) Subject to subsection (5) and any guidelines issued by the Supervisor, an official representative shall retain signed duplicates of all contestant receipts issued by him or her.

46.1( 5) If a person resigns or otherwise ceases to hold the position of official representative, he or she shall immediately deliver all unissued contestant receipts and duplicates of all issued contestant receipts in his or her possession

(a) to his or her replacement, if any, or

(b) to the leadership contestant or nomination contestant, as the case may be.

2( 14) Section 47 of the Act is amended

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

Contributions made in contravention of Act and surplus contributions

47( 1) A political party, association, candidate, leadership contestant or nomination contestant or its or his or her official representative, if any, that received a benefit of a contribution contrary to this Act shall return or remit an amount equal to the value of that contribution

(a) to the contributor, if the identity of the contributor is known, or

(b) to the Supervisor, if the identity of the contributor is not known.

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

47( 2) The official representative of a registered political party, registered district association, registered independent candidate, leadership contestant or nomination contestant who received an anonymous contribution shall return the value of that anonymous contribution

(a) to the contributor, if the identity of the contributor can be established, or

(b) to the Supervisor, if the identity of the contributor cannot be established.

47( 2.1) The surplus, if any, of the contributions less the expenditures reported to the Supervisor by an official representative of a registered leadership contestant or registered nomination contestant shall be distributed, within a time limit prescribed by the Supervisor,

(a) to the persons who made the contributions, or

(b) to any other person for any purpose approved by the Supervisor.

2( 15) Subsection 48(1) of the Act is repealed and the following is substituted:

48( 1) Every broadcasting undertaking and every publisher of a newspaper, periodical or other printed matter may, free of charge, make broadcasting time on radio or television or advertising space in a newspaper, periodical or other printed matter, available to registered political parties, registered district associations, registered independent candidates, leadership contestants or nomination contestants, if such a service is offered on an equitable basis, qualitatively and quantitatively, to all such parties, district associations, independent candidates, leadership contestants or nomination contestants.

2( 16) Subsection 49(1) of the Act is amended by striking out “or registered independent candidates” and substituting “, registered independent candidates, leadership contestants or nomination contestants”.

2( 17) The Act is amended by adding after section 49 the following:

Incurrence of expenditures by registered leadership contestants or registered nomination contestants

49.1( 1) A registered leadership contestant or registered nomination contestant shall submit to his or her official representative as soon as possible after the convention all expenditures incurred personally by him or her pursuant to subsection 49(1).

49.1( 2) A registered leadership contestant or registered nomination contestant who, out of his or her own money, incurs expenditures that are not reimbursed to him or her by his or her official representative shall be deemed to have made a contribution to the official representative of that contestant equal in value to the amount of the expenditures.

49.1( 3) All expenditures incurred by a registered leadership contestant or registered nomination contestant and submitted to his or her official representative in accordance with subsection (1) are, for the purposes of this Act, deemed to have been incurred or authorized by the official representative of the registered leadership contestant or registered nomination contestant.

2( 18) The Act is amended by adding after section 50 the following:

ADVERTISING RELATING TO LEADERSHIP OR NOMINATION CONTESTS

Advertising relating to leadership or nomination campaign

50.1( 1) Every printed advertisement, placard, poster, pamphlet, handbill or circular relating to a leadership contest or nomination contest and ordered by an official representative or a person authorized by an official representative shall bear the name and address of its printer and the name of the leadership contestant or nomination contestant on whose behalf it was ordered.

50.1( 2) Every advertisement relating to a leadership contest or nomination contest published in a newspaper, periodical or other publication and ordered by an official representative or a person authorized by an official representative shall bear the name of the leadership contestant or nomination contestant on whose behalf it was ordered.

50.1( 3) Every broadcast of a sponsored radio or television advertisement relating to a leadership contest or nomination contest and ordered by an official representative shall mention at the beginning or the end of the broadcast the name of the leadership contestant or nomination contestant on whose behalf it was ordered.

50.1( 4) Any type of advertisement described in subsection (1), (2) or (3) and not ordered by an official representative or a person authorized by an official representative shall

(a) in the case of an advertisement described in subsection (1), bear the name and address of its printer and the name of the person who ordered its publication,

(b) in the case of an advertisement described in subsection (2), bear the name of the person who ordered its publication, and

(c) in the case of an advertisement described in subsection (3), mention at the beginning or at the end of the broadcast the name of the person who ordered the broadcast.

2( 19) Section 61 of the Act is amended by striking out “sections 59 and 60” and substituting “sections 59, 60 and 62.1”.

2( 20) The Act is amended by adding after section 62 the following:

Financial return of leadership contestants and nomination contestants

62.1( 1) The official representative of a registered leadership contestant or registered nomination contestant shall submit to the Supervisor a financial return within the period referred to below covering the period beginning when that contestant’s first expenditure was made, first contribution was received or first financing was provided, whichever occurs first, and ending when the financial return is submitted:

(a) with respect to the official representative of a leadership contestant, within 60 days after the leadership convention, and

(b) with respect to the official representative of a nomination contestant, within 30 days after the nomination convention.

62.1( 2) A financial return submitted by the official representative of a registered leadership candidate or registered nomination contestant shall

(a) if the total value of all contributions and financing is $2,000 or less, be prepared in accordance with guidelines issued by the Supervisor, be in the form provided by the Supervisor and include a sworn declaration to that effect, and

(b) if the total value of all contributions and financing is more than $2,000, be prepared in accordance with guidelines issued by the Supervisor, be in the form provided by the Supervisor and set out, for the period covered by the return, the following:

( i) the financial institutions where the contributions in money received by the leadership contestant or nomination contestant are deposited and the account numbers used;

( ii) the total sum of amounts of not more than $10 in each case paid to the leadership contestant or nomination contestant as an entrance fee to an activity or demonstration of a political nature together with the nature, place and date of the activity or demonstration where the fees were paid;

( iii) the details of contributions received from the contributors set out in the groups listed below, 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 to the leadership contestant or nomination contestant, and the total amount of contributions received from each of those groups:

( A) individuals who have each made contributions totalling $100 or less;

( B) individuals who have each made contributions totalling more than $100;

( C) corporations; and

( D) trade unions;

( iv) the name and full address of each individual, corporation or trade union, if any, that became surety or guarantor on behalf of the leadership contestant or nomination contestant and the amount for which the individual, corporation or trade union became surety or guarantor;

( v) the details of financing provided to a leadership contestant or nomination contestant, including:

( A) the name and address of the lender;

( B) the amount borrowed;

( C) the rate of interest charged or paid; and

( D) the terms of repayment;

( vi) the total sum of the expenditures incurred;

( vii) any other income earned by the leadership contestant or nomination contestant; and

( viii) a sworn statement that the return is complete, true and accurate.

62.1( 3) If any liabilities or any surplus are shown to be outstanding on a financial return submitted under subsection (1), the official representative of a registered leadership contestant or registered nomination contestant shall submit a supplementary financial return within six months after the submission of the initial financial return and every six months after that until the liabilities have been repaid or the surplus has been distributed, to a maximum of 18 months.

2( 21) Section 63 of the Act is amended by adding after subsection (2) the following:

63( 2.1) Other than the information referred to in clause 62.1(2)(b)(iii)(A), a financial return submitted to the Supervisor under section 62.1 shall be available to the public on the Elections New Brunswick website not later than 30 days after receipt of the financial return by the Supervisor.

2( 22) Section 64 of the Act is amended by striking out “or registered independent candidate” and substituting “, registered independent candidate, registered leadership contestant or registered nomination contestant”.

2( 23) Section 88.1 of the Act is amended

(a) in subsection (1) by striking out “section 59, 60 or 62” and substituting “section 59, 60, 62 or 62.1”;

(b) in subsection (2) by striking out “section 59, 60 or 62” and substituting “section 59, 60, 62 or 62.1”.

2( 24) Section 91 of the Act is amended

(a) in subsection (2) by striking out “or registered independent candidate” and substituting “, registered independent candidate, leadership contestant or nomination contestant”;

(b) in subsection (3) by adding after paragraph (c) the following:

(c.1) in respect of a claim for expenditures against a leadership contestant or nomination contestant, shall be brought in the name of the official representative of that contestant at the date the subject matter of the claim arose;

91( 6.1) Any property that by virtue of his or her office is within the control of, or from time to time comes within the control of, the official representative of a leadership contestant or nomination contestant shall be deemed to be available to satisfy a judgment in favour of a claimant who brings an action under subsection (3) in the name of an official representative of that contestant.

2( 25) Schedule B of the Act is amended

(a) by striking out

3(2) ...............	F
3(3) ...............	F

(b) by striking out

39(1) ...............

and substituting the following:

39(1.2) ...............	E
39(1.4) ...............	E
39(1.7) ...............	E

39(4) ...............

and substituting the following:

39(4) ...............	H
39(5) ...............	H

(d) by striking out

46(5) ...............

and substituting the following:

46(5) ...............	C
46.1(1) ...............	C
46.1(4) ...............	C
46.1(5) ...............	C

(e) by striking out

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

and substituting the following:

58(2) ...............	C
62.1(1) ...............	C
62.1(2) ...............	C
62.1(3) ...............	C