Bill 66 - An Act Respecting the Political Process Financing Act

BILL 66

An Act Respecting the Political Process Financing Act

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

Bill 56, 2017

1( 1) Subject to subsection (6), subparagraph 1(a)(ii) of Bill 56, introduced in the third session of the 58th Legislature and entitled An Act to Amend the Political Process Financing Act, is repealed and the following is substituted:

(ii) by repealing the definition of “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 for the political purposes of a political party, association, leadership contestant, nomination contestant or candidate, or

(b) any guarantee of a loan or other credit referred to in paragraph (a);

1( 2) Subject to subsection (7), section 12 of Bill 56 is repealed.

1( 3) Subject to subsection (7), section 13 of Bill 56 is repealed.

1( 4) Subject to subsection (7), section 14 of Bill 56 is repealed.

1( 5) Subject to subsection (7), section 55 of Bill 56 is repealed and the following is substituted:

55 Subparagraph 1(a)(ii), paragraphs 3(d) and 4(c), sections 5, 6, 9, 11, 15, 16, 17, 18, 19, 20, 21 and 22 and paragraph 54(a) of this Act come into force on June 1, 2017.

1( 6) If Bill 56 receives Royal Assent before this Bill receives Royal Assent, then subsection (1) comes into force on June 1, 2017, or, if both Bills receive Royal Assent on the same date, this Bill shall be deemed to have come into force immediately after Bill 56 and subsection (1) comes into force on June 1, 2017.

1( 7) If Bill 56 receives Royal Assent before this Bill receives Royal Assent, then subsections (2) to (5) come into force at the time this Bill receives Royal Assent or, if both Bills receive Royal Assent on the same date, this Bill shall be deemed to have come into force immediately after Bill 56 and subsections (2) to (5) come into force at the time this Bill receives Royal Assent.

Political Process Financing Act

2( 1) If Bill 56, introduced in the third session of the 58th Legislature and entitled An Act to Amend the Political Process Financing Act, receives Royal Assent before this Bill receives Royal Assent or, if both Bills receive Royal Assent on the same date,

(a) section 37 of the Political Process Financing Act, chapter P-9.3 of the Acts of New Brunswick, 1978, is repealed and the following is substituted:

Eligibility to contribute or finance

37( 1) Only individuals may make a contribution.

37( 2) Only individuals, chartered banks, trust companies, credit unions and other commercial lending institutions may provide financing.

37( 3) Contributions may only be made and financing may only be provided to a registered political party, registered district association, registered independent candidate, leadership contestant or nomination contestant.

(b) section 38 of the Act is repealed and the following is substituted:

Restriction on contribution and financing

38( 1) An individual may make a contribution only out of his or her own property.

38( 2) An individual, chartered bank, trust company, credit union or other commercial lending institution may provide financing only out of his or her or its own property.

38( 3) No individual shall solicit or accept services, money or other property from any source

(a) as consideration or reward for having made a contribution or provided financing, or

(b) on the condition, agreement or understanding, express or implied, that the individual will, as a result, make a contribution or provide financing.

38( 4) No chartered bank, trust company, credit union or other commercial lending institution shall solicit or accept services, money or other property from any source

(a) as consideration or reward for having provided financing, or

(b) on the condition, agreement or understanding, express or implied, that the chartered bank, trust company, credit union or commercial lending institution will, as a result, provide financing.

Amount of contribution and financing allowed - registered political party, registered district association, registered independent candidate

39( 1) An individual may, during a calendar year, make a contribution or provide financing under subsection (2) that, taken together, is not in excess of

(a) on or before December 31, 2017, $6,000; and

(b) on or after January 1, 2018, $3,000.

39( 2) An individual may make a contribution or provide financing to

(a) each registered political party or to a registered district association of that registered political party in accordance with subsection (3), and

(b) one registered independent candidate.

39( 3) For the purposes of this section, a contribution may be made or financing may be provided under paragraph (2)(a) either to a registered political party or to a registered district association of that registered political party,

(a) so that a portion is given to a registered political party and a portion is given to one or more registered district associations of that registered political party, or

(b) so that portions are given to more than one registered district association of a registered political party.

39( 4) No individual shall make a contribution or provide financing in violation of subsection (1) or (2).

39( 5) A chartered bank, trust company, credit union or other commercial lending institution may provide financing to a registered political party, a registered district association or a registered independent candidate.

(d) the Act is amended by adding after section 39 the following:

Amount of contribution and financing allowed - leadership contestant or nomination contestant

39.1( 1) Subject to subsection (2), an individual 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( 2) No individual shall make a contribution or provide financing under subsection (1) that, taken together, is in excess of

(a) on or before December 31, 2017, $6,000; and

(b) on or after January 1, 2018, $3,000.

39.1( 3) Despite subsection (2), on the expiry of the period referred to in subsection (1), 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

(a) on or before December 31, 2017, $6,000; and

(b) on or after January 1, 2018, $3,000.

39.1( 4) If the full amount of financing is secured by sureties or guarantors, a chartered bank, trust company, credit union or other commercial lending institution may provide financing to a leadership contestant or a nomination contestant in excess of the following amounts:

(a) on or before December 31, 2017, $6,000; and

(b) on or after January 1, 2018, $3,000.

39.1( 5) Sureties and guarantors referred to in subsection (4) that are individuals shall comply with subsection (2).

Contribution other than contributions of money

39.2 For the purposes of this Act, contributions other than contributions of money shall be valued as follows:

(a) in the case of property and services contributed by a trader in property and services, at the lowest price at which the trader offers the property and services to the public at the time when the contribution is made; and

(b) in the case of property and services contributed by a nontrader in property and services, at the retail price for the property and services prevailing in the area in which and at the time when the contribution is made.

Offence to accept contribution or financing in contravention of Act

39.3 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.

(e) paragraph 46(2)(c) of the Act is repealed;

(f) paragraph 46.1(2)(c) of the Act is repealed;

(g) paragraph 62.1(2)(b) of the Act is amended

( i) in subparagraph (iii)

( A) in clause (A) of the English version by adding “and” at the end of the clause;

( B) by repealing clause (C);

( C) by repealing clause (D);

( ii) in subparagraph (iv) by striking out “, corporation or trade union” wherever it appears;

(h) Schedule B of the Act is amended

( i) by striking out

38(2)(a) ...............