E-2.1 - Act respecting elections in certain municipalities

Section 94 Disposition versions

1985-06-20

94. (1)  In this division,

(a)  the expression “election expenses” means all the expenditures incurred during an election period to promote or oppose, directly or indirectly, the election of a candidate or that of the candidates of a party or to propagate or oppose the programme or policy of a candidate or party or to approve or disapprove the steps recommended or opposed by them or the things done or proposed by them or their supporters;

(b)  the expression “election period” means the period beginning on the twenty-first day preceding the date of a polling day and ending, for each candidate for an office, on the day the returning officer declares a candidate elected to that office.

(2)  The following are not considered election expenses:

(a)  the publishing in a newspaper or other periodical of editorials, news, reports or letters to the editor, provided that they are published in the same manner and under the same rules as outside the election period, without payment, reward or promise of payment or reward, that the newspaper or other periodical is not established for the purposes of the election or with a view to the election and that the circulation and frequency of publication thereof do not differ from what obtains outside the election period;

(b)  the transmission by a radio or television station of a broadcast of news or comment, provided that such broadcast is made in the same manner and under the same rules as outside the election period, without payment, reward or promise of payment or reward;

(c)  the necessary cost of holding a convention in an electoral district for the selection of a candidate; such necessary cost includes the cost of renting a hall and the convening of delegates, but shall not include any publicity nor exceed $2 250;

(c.1)  the reasonable expenses of a candidate for attending a convention to choose a candidate for an electoral district except any cost of publicity;

(d)  the transportation costs of a candidate, if not subject to reimbursement;

(e)  the transportation costs of any person other than a candidate, paid out of his own money, if such costs are not reimbursed to him;

(f)  the sum deposited with the nomination paper;

(g)  the reasonable expenses incurred for the publication of explanatory commentaries on this act, provided that such commentaries are strictly objective and contain no publicity of such a nature as to favour or oppose a candidate or a party;

(h)  the reasonable expenses usually incurred for the current operation of the permanent office of a party whose address is entered in the registers of the director general;

(i)  interest accrued between the beginning of the election period and the ninetieth day following polling day on any loan lawfully granted to an official representative for election expenses unless the official agent has paid the interest and declared it as an election expense in his return of election expenses.

For the purposes of paragraph h, the permanent office of an authorized party is the office where, in order to ensure dissemination of the political programme of such party and to coordinate the political activity of its members, employees of the party or of a body associated therewith work on a permanent basis outside the election period, for the attainment of its objects, and which the leader of the party has recognized for such purpose by a letter sent to the treasurer before the seventh day following publication of the notice of the date for the nomination of candidates.

(3)  The expenditures incurred before an election period for literature, objects or materials of an advertising nature, used during the election period for the purposes contemplated by the definition of the expression “election expenses”, are election expenses. These expenses are deemed to have been made by the official agent during the election period if he authorized such use.

(4)  In this section, the word “candidate” includes any person who subsequently becomes or is likely to become a candidate.

1978, c. 63, s. 94; 1982, c. 31, s. 82; 1985, c. 27, s. 83.

1982-06-30

94. (1)  In this division,

(a)  the expression “election expenses” means all the expenditures incurred during an election period to promote or oppose, directly or indirectly, the election of a candidate or that of the candidates of a party or to propagate or oppose the programme or policy of a candidate or party or to approve or disapprove the steps recommended or opposed by them or the things done or proposed by them or their supporters;

(b)  the expression “election period” means the period beginning on the twenty-first day preceding the date of a polling day and ending, for each candidate for an office, on the day the returning officer declares a candidate elected to that office.

(2)  The following are not considered election expenses:

(a)  the publishing in a newspaper or other periodical of editorials, news, reports or letters to the editor, provided that they are published in the same manner and under the same rules as outside the election period, without payment, reward or promise of payment or reward, that the newspaper or other periodical is not established for the purposes of the election or with a view to the election and that the circulation and frequency of publication thereof do not differ from what obtains outside the election period;

(b)  the transmission by a radio or television station of a broadcast of news or comment, provided that such broadcast is made in the same manner and under the same rules as outside the election period, without payment, reward or promise of payment or reward;

(c)  the necessary cost of holding a convention in an electoral district for the selection of a candidate; such necessary cost includes the cost of renting a hall and the convening of delegates, but shall not include any publicity nor exceed $1 500;

(c.1)  the reasonable expenses of a candidate for attending a convention to choose a candidate for an electoral district except any cost of publicity;

(d)  the transportation costs of a candidate, if not subject to reimbursement;

(e)  the transportation costs of any person other than a candidate, paid out of his own money, if such costs are not reimbursed to him;

(f)  the sum deposited with the nomination paper;

(g)  the reasonable expenses incurred for the publication of explanatory commentaries on this act, provided that such commentaries are strictly objective and contain no publicity of such a nature as to favour or oppose a candidate or a party;

(h)  the reasonable expenses usually incurred for the current operation of the permanent office of a party whose address is entered in the registers of the director general;

(i)  interest accrued between the beginning of the election period and the ninetieth day following polling day on any loan lawfully granted to an official representative for election expenses unless the official agent has paid the interest and declared it as an election expense in his return of election expenses.

For the purposes of paragraph h, the permanent office of an authorized party is the office where, in order to ensure dissemination of the political programme of such party and to coordinate the political activity of its members, employees of the party or of a body associated therewith work on a permanent basis outside the election period, for the attainment of its objects, and which the leader of the party has recognized for such purpose by a letter sent to the treasurer before the seventh day following publication of the notice of the date for the nomination of candidates.

(3)  The expenditures incurred before an election period for literature, objects or materials of an advertising nature, used during the election period for the purposes contemplated by the definition of the expression “election expenses”, are election expenses. These expenses are deemed to have been made by the official agent during the election period if he authorized such use.

(4)  In this section, the word “candidate” includes any person who subsequently becomes or is likely to become a candidate.

1978, c. 63, s. 94; 1982, c. 31, s. 82.

1978-06-23

94. (1)  In this division,

(a)  the expression “election expenses” means all the expenditures incurred during an election period to promote or oppose, directly or indirectly, the election of a candidate or that of the candidates of a party or to propagate or oppose the programme or policy of a candidate or party or to approve or disapprove the steps recommended or opposed by them or the things done or proposed by them or their supporters;

(b)  the expression “election period” means the period beginning on the twenty-first day preceding the date of a polling day and ending, for each candidate for an office, on the day the returning officer declares a candidate elected to that office.

(2)  The following are not considered election expenses:

(a)  the publishing in a newspaper or other periodical of editorials, news, reports or letters to the editor, provided that they are published in the same manner and under the same rules as outside the election period, without payment, reward or promise of payment or reward, that the newspaper or other periodical is not established for the purposes of the election or with a view to the election and that the circulation and frequency of publication thereof do not differ from what obtains outside the election period;

(b)  the transmission by a radio or television station of a broadcast of news or comment, provided that such broadcast is made in the same manner and under the same rules as outside the election period, without payment, reward or promise of payment or reward;

(c)  the necessary cost of holding a convention in an electoral district for the selection of a candidate, which necessary cost must include the reasonable expenses of the candidates at such convention, the cost of renting a hall and the convening of delegates, but cannot include any publicity and, excluding the expenses of candidates other than the candidate selected, shall not exceed the sum of one thousand dollars;

(d)  the transportation costs of a candidate, if not subject to reimbursement;

(e)  the transportation costs of any person other than a candidate, paid out of his own money, if such costs are not reimbursed to him;

(f)  the sum deposited with the nomination paper.

(g)  the reasonable expenses incurred for the publication of explanatory commentaries on this act, provided that such commentaries are strictly objective and contain no publicity of such a nature as to favour or oppose a candidate or a party;

(h)  the reasonable expenses usually incurred for the current operation of the permanent office of an authorized party, if the leader of such party, before the seventh day following publication of the notice of the date for the nomination of candidates, has given written notice to the treasurer of the existence of such office, of its exact address and of any change of address;

(i)  interest accrued from the thirty-first day following the polling, on any loan lawfully granted to an official agent for election expense purposes in so far as they are not reimbursed.

For the purposes of paragraph h, the permanent office of an authorized party is the office where, in order to ensure dissemination of the political programme of such party and to coordinate the political activity of its members, employees of the party or of a body associated therewith work on a permanent basis outside the election period, for the attainment of its objects, and which the leader of the party has recognized for such purpose by a letter sent to the treasurer before the seventh day following publication of the notice of the date for the nomination of candidates.

(3)  The expenditures incurred before an election for literature, objects or materials of an advertising nature, used during the election for the purposes contemplated by the definition of the expression “election expenses”, are election expenses.

(4)  In this section, the word “candidate” includes any person who subsequently becomes or is likely to become a candidate.

1978, c. 63, s. 94.