F-2 - Act to govern the financing of political parties

Remplacée le 13 mars 1985

Ce document a valeur officielle.

chapter F-2

Act to govern the financing of political parties

Chapter F-2 is replaced by the Election Act (chapter E-3.2). (1984, c. 51, s. 519).

1984, c. 51, s. 519.

CHAPTER I CONTRIBUTIONS AND EXPENSES

1982, c. 31, s. 1.

DIVISION I INTERPRETATION

1. In this Act, unless otherwise required by the context,

“contribution” means money donated to a political party, a riding association or a candidate, or services rendered or goods furnished to them free of charge, for political purposes;

“election officer”, in addition to its ordinary meaning, means an enumerator, a revisor or the secretary of the board of revisors; however, a revisor is an election officer only during enumeration and the preparation of the electoral lists;

“election period” means the period commencing on the day of issue of the writ instituting the holding of an election and ending on polling day;

“elector” means a person who

(1)  is eighteen years of age;

(2)  is a Canadian citizen;

(3)  has been domiciled in Québec for at least twelve months; and

(4)  is not under any disqualification to vote by virtue of the Election Act (chapter E-3.1) nor under any other legal disqualification;

“independent candidate” means a person who, from the day of the issue of a writ instituting the holding of an election, declares to the director general his intention to be an independent candidate in an electoral division;

“party authority” means the organization of a political party at the level of an electoral division, of a region or of Québec;

“permanent office of an authorized party” means the office where, with a view to propagating the political program of an authorized party and coordinating the political action of its members, employees of the party or of an agency associated with it work full time, outside the election period, to attain the party’s objectives.

1977, c. 11, s. 1; 1979, c. 56, s. 294, s. 308; 1982, c. 31, s. 2.

2. The following are not considered contributions:

(a)  volunteer work and the goods or services produced by such work;

(b)  anonymous donations collected at a meeting or demonstration held for political purposes;

(c)  amounts paid to a political party under any act, and reimbursements provided for in Chapter II of this act;

(d)  a loan granted for political purposes by an elector or a financial institution contemplated in section 73 at the current rate of interest in the market at the time it is granted, or a guarantee granted by an elector as surety;

(e)  an annual amount of not over $25 paid by a natural person as dues of membership in a political party;

(f)  an amount of not over $25 in each case as registration fees at political conventions;

(g)  an amount of not over $25 in each case as entrance fee to an activity or demonstration of a political nature.

Nothing in this act shall limit or prohibit transfers of funds between the various authorities of an authorized political party or between the party, party authorities and the official agent of an official candidate.

The powers and obligations conferred on a district association by this act apply mutatismutandis to any authorized party authority by whom or to whom transfers of funds are made.

1977, c. 11, s. 2; 1982, c. 31, s. 3.

DIVISION II APPLICATION

2.1. The director general of elections is responsible for seeing to the administration of this Act.

1982, c. 54, s. 1.

3. No political party, association or candidate may solicit or collect contributions or make expenditures except with an authorization under this chapter.

1977, c. 11, s. 3.

DIVISION III

Repealed, 1982, c. 54, s. 2.

1982, c. 54, s. 2.

§ 1 . —

Repealed, 1982, c. 54, s. 2.

1982, c. 54, s. 2.

4. (Repealed).

1977, c. 11, s. 4; 1977, c. 12, s. 2; 1982, c. 54, s. 2.

5. (Repealed).

1977, c. 11, s. 5; 1982, c. 54, s. 2.

6. (Repealed).

1977, c. 11, s. 6; 1982, c. 54, s. 2.

7. (Repealed).

1977, c. 11, s. 7; 1982, c. 54, s. 2.

8. (Repealed).

1977, c. 11, s. 8; 1982, c. 54, s. 2.

9. (Repealed).

1977, c. 11, s. 9; 1979, c. 56, s. 295; 1982, c. 54, s. 2.

10. (Repealed).

1977, c. 11, s. 10; 1982, c. 54, s. 2.

11. (Repealed).

1977, c. 11, s. 11; 1977, c. 5, s. 14; 1982, c. 54, s. 2.

12. (Repealed).

1977, c. 11, s. 12; 1977, c. 5, s. 14; 1982, c. 54, s. 2.

§ 2 . —

Repealed, 1982, c. 54, s. 2.

1982, c. 54, s. 2.

13. (Repealed).

1977, c. 11, s. 13; 1977, c. 5, s. 14; 1979, c. 56, s. 296; 1982, c. 54, s. 2.

14. (Repealed).

1977, c. 11, s. 14; 1982, c. 54, s. 2.

15. (Repealed).

1977, c. 11, s. 15; 1982, c. 54, s. 2.

§ 3 . —

Repealed, 1982, c. 54, s. 2.

1982, c. 54, s. 2.

16. (Repealed).

1977, c. 11, s. 16; 1982, c. 31, s. 4; 1982, c. 54, s. 2.

16.1. (Repealed).

1982, c. 31, s. 5; 1982, c. 54, s. 2.

17. (Repealed).

1977, c. 11, s. 17; 1982, c. 31, s. 6; 1982, c. 54, s. 2.

18. (Repealed).

1977, c. 11, s. 18; 1982, c. 54, s. 2.

19. (Repealed).

1977, c. 11, s. 19; 1982, c. 54, s. 2.

20. (Repealed).

1977, c. 11, s. 20; 1982, c. 54, s. 2.

21. (Repealed).

1977, c. 11, s. 21; 1982, c. 54, s. 2.

22. (Repealed).

1977, c. 11, s. 22; 1982, c. 54, s. 2.

23. (Repealed).

1977, c. 11, s. 23; 1982, c. 54, s. 2.

24. (Repealed).

1977, c. 11, s. 24; 1979, c. 37, s. 43; 1982, c. 54, s. 2.

§ 4 . —

Repealed, 1982, c. 54, s. 2.

1982, c. 31, s. 7; 1982, c. 54, s. 2.

24.1. (Repealed).

1977, c. 11, s. 92; 1982, c. 31, s. 7; 1982, c. 54, s. 2.

24.2. (Repealed).

1977, c. 11, s. 93; 1982, c. 31, s. 7; 1982, c. 54, s. 2.

DIVISION IV

Repealed, 1982, c. 54, s. 2.

1982, c. 54, s. 2.

25. (Repealed).

1977, c. 11, s. 25; 1982, c. 54, s. 2.

26. (Repealed).

1977, c. 11, s. 26; 1982, c. 54, s. 2.

27. (Repealed).

1977, c. 11, s. 27; 1982, c. 54, s. 2.

28. (Repealed).

1977, c. 11, s. 28; 1977, c. 5, s. 14; 1982, c. 54, s. 2.

29. (Repealed).

1977, c. 11, s. 29; 1982, c. 54, s. 2.

30. (Repealed).

1977, c. 11, s. 30; 1982, c. 54, s. 2.

31. (Repealed).

1977, c. 11, s. 31; 1982, c. 54, s. 2.

32. (Repealed).

1977, c. 11, s. 32; 1982, c. 54, s. 2.

DIVISION V AUTHORIZATION OF PARTIES, DISTRICT ASSOCIATIONS AND INDEPENDENT CANDIDATES

33. Every political party, association or independent candidate wishing to solicit or collect contributions or to make expenditures must have an authorization from the director general in accordance with this division.

1977, c. 11, s. 33.

34. A party, an association or an independent candidate soliciting authorization must have an official representative designated by the leader of the party or by the person designated in writing by the leader, or by the candidate, as the case may be.

1977, c. 11, s. 34; 1982, c. 31, s. 8.

35. Only one official representative shall be appointed for each party, association or independent candidate.

The official representative of an authorized party may however, with the written approval of the leader of the party, appoint not more than one delegate for each electoral division.

1977, c. 11, s. 35; 1982, c. 31, s. 9.

35.1. From the publication in the Gazette officielle du Québec of the list of the electoral divisions in accordance with section 32 of the Act respecting electoral representation (chapter R-24.1), the director general may grant authorizations for the purposes of this division, taking into account the new electoral divisions.

From the publication referred to in the first paragraph, the official representative of a political party may, in accordance with the second paragraph of section 35, appoint a delegate for each of the new divisions.

1982, c. 31, s. 10.

36. A person who, by the effect of section 104, cannot be an official agent, shall not be an official representative or a delegate.

1977, c. 11, s. 36.

37. An official representative or a delegate may resign by sending a written notice to that effect to the person who appointed him and to the director general.

The director general shall publish in the Gazette officielle du Québec a notice of the resignation or replacement of an official representative or of a delegate.

1977, c. 11, s. 37.

38. Where an authorized party, association or independent candidate no longer has an official representative, another shall be designated without delay; the director general must be informed of such designation, and he shall give notice of it in the Gazette officielle du Québec.

1977, c. 11, s. 38.

39. The director general may grant an authorization, upon a written application of the leader of the party:

(a)  to the party of the Prime Minister;

(b)  to the party of the Leader of the Official Opposition;

(c)  to a party which at the last general election had ten official candidates; or

(d)   to a party whose leader was elected at a convention, which has district associations in at least ten electoral divisions and which undertakes to present official candidates in at least ten electoral divisions at the next general election.

1977, c. 11, s. 39; 1979, c. 56, s. 308.

40. The political party applying for authorization must furnish the following information to the director general:

(a)  the name of the party;

(b)  the address to which communications intended for the party must be sent and that where its books and accounts pertaining to the contributions to be received and the expenditures to be incurred by it are to be kept;

(c)  the name and address of the party’s official reprensentative and those of his delegates, if any;

(d)  the name and address of the leader of the party;

(e)  the address of not more than two permanent offices of the party, where applicable.

1977, c. 11, s. 40; 1982, c. 31, s. 11.

41. A party mentioned in paragraph d of section 39 must, in addition, furnish, to the satisfaction of the director general, proof of the existence of its district associations.

Such party must also establish, by a statement supported by oath or solemn affirmation of its leader, the amount of the funds at its disposal, and that the funds it has collected after 1 April 1978 have been collected in conformity with this chapter.

It must remit to the director general, with its application for authorization, the funds it has collected after 1 April 1978 contrary to the provisions of this chapter.

The director general shall pay such amounts to the Minister of Finance.

1977, c. 11, s. 41.

42. The director general shall grant the authorization if the conditions provided in sections 40 and 41 are met.

He must however refuse authorization to a party if the name of the party includes the word “independent” or is likely to mislead the electors as to which party they are contributing to.

1977, c. 11, s. 42.

43. The director general shall grant an authorization to an association, upon a written application of the leader of the authorized party or of the person designated in writing by the leader, and upon production of the following information:

(a)  the name of the association;

(b)  the address to which communications intended for the association must be sent and that where its books and accounts pertaining to the contributions to be received and the expenses to be incurred by it are to be kept;

(c)  the name and address of the official representative of the association.

1977, c. 11, s. 43; 1982, c. 31, s. 12.

44. The director general shall grant an authorization to the independent candidate applying therefor in writing who furnishes him with the following information:

(a)  his name and address;

(b)  the name of the electoral division in which he intends to be an independent candidate;

(c)  the address to which communications intended for him must be sent and that where his books and accounts pertaining to the contributions to be received and the expenses to be incurred by him are to be kept;

(d)  the name and address of his official representative.

1977, c. 11, s. 44; 1979, c. 56, s. 308.

45. The authorization granted to an independent candidate entitles him to solicit and collect contributions until the day preceding that of the polling.

After polling day, the authorization granted to the candidate entitles him to solicit and collect contributions only for the purpose of paying the debts arising from his election expenses incurred in accordance with this Act.

1977, c. 11, s. 45; 1982, c. 31, s. 13.

46. The director general shall keep registers of the parties, associations and independent candidates he has authorized, setting out the information required under sections 40, 43 and 44.

1977, c. 11, s. 46.

47. The political parties, associations and independent candidates must, without delay, furnish the director general with the information required for updating the registers provided for in section 46.

1977, c. 11, s. 47.

48. The director general must, upon written application of the leader, withdraw his authorization from an authorized party or association. He must do the same upon written application of an authorized independent candidate.

1977, c. 11, s. 48.

49. The director general must withdraw his authorization from a party contemplated in paragraph d of section 39 which does not present official candidates in at least ten electoral divisions or whose number of official candidates falls below the required minimum.

1977, c. 11, s. 49; 1979, c. 56, s. 308.

50. The director general must withdraw his authorization from an authorized party, association or independent candidate who does not furnish him with the information required for the purposes of the updating, in accordance with section 47, of the registers provided in section 46 or who does not, as required, comply with Division IX, or whose official representative does not, as required, comply with Division X.

1977, c. 11, s. 50.

51. The director general must withdraw his authorization from a candidate whose nomination paper is not accepted or who withdraws or deceases.

1977, c. 11, s. 51.

52. The director general, where he intends to refuse his authorization to a party, association or candidate or where he intends to withdraw his authorization, must give the party, association or candidate, as the case may be, the reasons for his decision and an opportunity to be heard.

Any summons shall be made by registered or certified mail or by any other means considered suitable by the director general.

1977, c. 11, s. 52.

53. Upon granting authorization to a party, association or candidate or upon withdrawing such authorization, the director general shall give a notice of it in the Gazette officielle du Québec and in at least one newspaper published in Québec and circulated, in the case of a party, in all parts of Québec or, in the case of an association or candidate, in the electoral district of the association or candidate.

The notice that an authorization has been granted, refused or withdrawn, must indicate the name of the official representative, and those of his delgates, if any.

1977, c. 11, s. 53.

54. If a party, association or candidate ceases to be authorized, the sums remaining shall be turned over without delay to the director general by the person holding them.

The director general, after payment of the debts, shall pay such balance to the Minister of Finance.

For the application of this section, the director general may open accounts in chartered banks having a place of business in Québec or in savings and credit unions within the meaning of the Savings and Credit Unions Act (chapter C-4) and designate at least two persons chosen from among the members of his personnel to sign the cheques or other orders of payment.

1977, c. 11, s. 54; 1982, c. 31, s. 14.

DIVISION VI PUBLIC FINANCING OF POLITICAL PARTIES

55. The director general shall annually pay an allowance to every authorized political party represented in the National Assembly.

1977, c. 11, s. 55; 1982, c. 62, s. 143.

56. The allowance contemplated in section 55 shall be computed by dividing between such parties, proportionately to the percentage of the valid votes obtained by them at the last general election, a sum equal to the product obtained by multiplying the amount of $0.25 by the number of electors entered on the electoral lists prepared and revised in accordance with the Act respecting electoral lists (chapter L-4.1) at the last annual enumeration.

1977, c. 11, s. 56.

57. The allowance contemplated in section 55 shall be paid at the rate of one-twelfth each month.

1977, c. 11, s. 57.

58. Such allowance must be used by the parties to pay the costs of their current administration, to propagate their political programmes and to coordinate the political activities of their members; it shall be paid only if such costs are actually incurred and paid.

1977, c. 11, s. 58.

59. The allowance contemplated in section 55 shall be paid by cheque made to the order of the official representative of the party upon production by him of a demand for payment, of a statement in the form prescribed by the director general and of the invoices, receipts or other vouchers, or certified copy of such documents, which shall, upon the issue of the cheque, be returned to the official representative.

1977, c. 11, s. 59.

60. Upon receipt of a certificate signed by the director general, the Minister of Finance shall pay to the official representative designated therein the amount indicated in the certificate.

1977, c. 11, s. 60.

61. Any person may examine the documents provided for in section 59 during office hours and make copies or photocopies thereof.

Within thirty days of the payment of the allowance provided for in section 55, the director general shall publish over his signature, in the Gazette officielle du Québec, a summary statement of every amount paid to the official representative of every party contemplated in this division.

1977, c. 11, s. 61.

DIVISION VII CONTRIBUTIONS

62. Only an elector may make a contribution.

He shall do so only in favour of a political party, an association or an independent candidate authorized by the director general and only in conformity with this division.

1977, c. 11, s. 62.

62.1. Every sum of money, except sums spent in accordance with subparagraphs d and e of paragraph 2 of section 101 and sums spent in accordance with paragraph 5 of section 105, disbursed by a candidate for payment through his official agent of an election expense is deemed to be a contribution.

1982, c. 31, s. 16.

63. Every contribution must be made by the elector himself out of his own property.

1977, c. 11, s. 63.

64. The total of contributions by the same elector during the same calendar year shall not exceed the amount of $3 000. Such amount may be paid in whole or in part to one or another of the authorized parties, associations or independent candidates.

Goods and services furnished to a party, a district association or a candidate are assessed, if they are furnished by a trader dealing in similar articles or services, at the lowest price at which he offers his goods or services to the public at the time when they are furnished.

In the others cases, goods and services are assessed at the lowest market retail price in the region in which and at the time when they are offered to the public in the normal course of business.

1977, c. 11, s. 64.

65. (Repealed).

1977, c. 11, s. 65; 1982, c. 31, s. 17.

66. Contributions shall not be solicited except under the responsibility of the official representative of an authorized political party, association or independent candidate, nor except through persons designated in writing by the official representative.

Every person authorized to solicit contributions must, on demand, exhibit a certificate signed by the official representative attesting his authority.

1977, c. 11, s. 66.

67. A contribution shall be made to no one except the official representative of the authorized party, association or independent candidate for whom it is intended, or the persons designated in writing by such official representative in accordance with section 66.

1977, c. 11, s. 67.

68. The delegate of the official representative of an authorized party has, for the electoral division for which he is appointed, the powers conferred on the party’s official representative by sections 66, 67, 70 and 76.

1977, c. 11, s. 68; 1979, c. 56, s. 308.

69. Every contribution of money of over $100 must be made by cheque or other order of payment signed by the elector and drawn on his account in a chartered bank or a trust company having an office in Québec, or in a savings and credit union.

1977, c. 11, s. 69; 1982, c. 31, s. 18.

70. For every contribution, the official representative or the person designated in accordance with section 66 shall issue a receipt to the contributor.

1977, c. 11, s. 70.

71. The cheque or order must be made payable to the order of the authorized party, association or independent candidate.

1977, c. 11, s. 71.

72. On being cashed, a contribution is deemed received by the party, association or independent candidate for whom it is intended.

1977, c. 11, s. 72.

73. The contributions of money collected must be deposited with chartered banks or trust companies having a place of business in Québec, or savings and credit unions, chosen by the authorized parties, associations or independent candidates.

1977, c. 11, s. 73.

74. Every contribution made contrary to this act must, as soon as the fact is known, be returned to the contributor if his identity is known; if it is not known, the contribution shall be remitted to the director general who shall turn the funds over to the Minister of Finance.

1977, c. 11, s. 74.

75. Outside an election period, every radio, television or cable broadcaster and every owner of a newspaper, a periodical or other printed matter may make air time on the radio or television or space in the newspaper, periodical or other printed matter available free of charge to authorized political parties, provided he offers such service equitably as to quality and quantity to the parties represented in the National Assembly and to the parties which received at least 3% of the valid votes in the last general election.

The director general shall verify the legality of services rendered under this section.

1977, c. 11, s. 75; 1979, c. 56, s. 308; 1982, c. 31, s. 19; 1982, c. 62, s. 143.

DIVISION VIII EXPENSES OF POLITICAL PARTIES, ASSOCIATIONS AND INDEPENDENT CANDIDATES

1982, c. 31, s. 20.

76. No expenditure may be made by an authorized political party, association or independent candidate except under the authority of the party, association or candidate nor except through persons designated in writing by the official representative.

Every person authorized to make expenditures must, on demand, exhibit a certificate signed by the official representative attesting his authority.

1977, c. 11, s. 76.

DIVISION IX AUDITORS

77. The official representative of every authorized party, with the written authorization of the leader of the party, shall appoint an auditor from among the persons having a legal right to practise public accounting in Québec and notify the director general within thirty days after the date on which the party has obtained the authorization of the director general.

1977, c. 11, s. 77.

78. The director general, the persons referred to in section 8, candidates in the last general election or in any other election held since such election and candidates in a current general election shall not be auditors, or shall cease to be auditors, as the case may be.

Similarly, the partners of the persons contemplated in the first paragraph and the members of the staff of those persons shall not be auditors, or shall cease to be auditors, as the case may be.

1977, c. 11, s. 78; 1979, c. 56, s. 297; 1982, c. 31, s. 21.

79. The official representative of an authorized party must, with the authorization provided for in section 77, replace the auditor appointed by him upon the latter’s ceasing to hold office and notify the director general immediately.

1977, c. 11, s. 79.

80. The auditor shall examine the return made pursuant to section 83 and issue a certificate attesting, if such is the case, that, following comparison with the vouchers and bank deposits of the party,

(a)  the returns in question are truthful;

(b)  he has received the information and explanations required;

(c)  the accounting of the party or candidate has been kept in accordance with accepted accounting standards and with the guidelines issued by the director general in that regard.

1977, c. 11, s. 80; 1982, c. 31, s. 22.

81. The auditor of a party shall have access to all the books, accounts and documents pertaining to the financial affairs of the party.

1977, c. 11, s. 81; 1982, c. 31, s. 23.

82. The director general shall reimburse the authorized political parties one-half of the auditing expenses incurred by them in the application of this division, up to $4 000.

1977, c. 11, s. 82; 1982, c. 31, s. 23.

DIVISION X RETURNS

83. The official representative of every authorized political party must, not later than 1 April each year, submit to the director general a financial return for the preceding financial period containing a balance sheet, a statement of income and expenses, and a statement of developments in the financial position of the party, prepared in accordance with generally recognized accounting standards.

1977, c. 11, s. 83; 1978, c. 6, s. 51; 1982, c. 31, s. 23.

83.1. The statement of income and expenses must include a general income statement and the total expenses and indicate, in addition,

(1)  the total sum of the anonymous donations collected at meetings or demonstrations contemplated in subparagraph b of the first paragraph of section 2, and the nature, place and date of the meetings or demonstrations;

(2)  the total sum of contributions of $100 or less and of the amounts collected pursuant to subparagraph e of the first paragraph of section 2;

(3)  the total sum of amounts collected under subparagraph f of the first paragraph of section 2 as registration fees at a political convention, and the place and date of the convention;

(4)  the total sum of amounts collected under subparagraph g of the first paragraph of section 2 as entrance fees to an activity or demonstration of a political nature, and the nature, place and date of the activity or demonstration;

(5)  the total sum of contributions of over $100.

1982, c. 31, s. 23.

83.2. The financial return must indicate, furthermore,

(1)  the financial institutions where the amounts of money collected by the party are deposited and the account numbers used and the total value of services rendered and goods furnished gratuitously;

(2)  the name and full address of each elector who has paid a contribution of over $100;

(3)  where such is the case, the name and full address of each elector who became surety and the amount for which he became surety;

(4)  a detailed statement of the amounts transferred or loaned between the party and authorities of the party or the official agent of a candidate of the party or, during a referendum, the total sum of the amounts transferred or loaned to a national committee;

(5)  a detailed statement of all amounts borrowed in accordance with subparagraph d of the first paragraph of section 2, the date of each loan, the name and full address of the lender, the rate of interest charged, and the amount of the repayments in capital and interest.

The official representative must, for two years from the date of submitting the return, keep the receipts issued for contributions collected during a financial period. These receipts must be handed over to the director general at his request.

1982, c. 31, s. 23.

84. For the purposes of this division, the financial period corresponds to the calendar year.

1977, c. 11, s. 84; 1982, c. 31, s. 24.

85. No return mentioned in section 83 is deemed submitted to the director general unless it is accompanied with the certificate contemplated in section 80.

1977, c. 11, s. 85; 1982, c. 31, s. 24.

86. Not later than 1 April each year, the official representative of an authorized association must submit a return to the director general for the financial year ended on the preceding 31 December.

The return must contain a statement of income and expenditures made in accordance with section 83.1 and the information prescribed by section 83.2.

The official representative must, for two years from the date of submitting the return, keep the receipts issued for contributions received. However, he must hand them over to the director general at his request.

1977, c. 11, s. 86; 1982, c. 31, s. 25.

87. Where the time prescribed in section 83 or 86 expires during an election period, it is extended to ninety days after the date of the general election.

1977, c. 11, s. 87; 1982, c. 31, s. 26.

88. Where the time prescribed in section 83 or 86 expires within ninety days after the date of a general election, it is extended to one hundred and twenty days after the date of the general election.

1977, c. 11, s. 88; 1982, c. 31, s. 26.

89. Sections 87 and 88 apply mutatismutandis at elections other than general elections with respect to authorized associations in the electoral divisions where such elections are held.

1977, c. 11, s. 89; 1979, c. 56, s. 308.

90. The official representative of an authorized independent candidate must, within ninety days after polling day, submit a return to the director general.

The return must contain a statement of income and expenses prepared in accordance with section 83.1, and the information provided for in section 83.2. It must be accompanied with a copy of each of the receipts issued for contributions received.

1977, c. 11, s. 90; 1982, c. 31, s. 27.

90.1. An independent candidate who solicits and collects contributions after polling day or who, after submitting his return of election expenses, has amounts of money or goods in his election fund, must submit a return to the director general for the period ending on the next 31 December.

The return must be submitted not later than 1 April of the year following each financial period in which contributions have been solicited and collected as in the first paragraph, or in which amounts of money or goods remain in the candidate’s election fund.

The return must be submitted in accordance with section 90 and be accompanied with the same documents.

1982, c. 31, s. 28.

91. Returns and documents submitted to the director general under this division shall be available for public inspection not later than fourteen days after their by the director general.

Receipts issued for contributions of $100 or less are not contemplated by this section.

Any person may examine such returns and documents during office hours and make copies or photocopies of them.

1977, c. 11, s. 91.

92. Renumbered.

1977, c. 11, s. 92; 1982, c. 31, s. 7.

93. Renumbered.

1977, c. 11, s. 93; 1982, c. 31, s. 7.

94. If the returns of the parties, associations or independent candidates are not filed within the fixed time, the leader of the party or, if he is not a member, the house leader or, as the case may be, the independent candidate, if elected, becomes, ten days after the expiry of the prescribed time, disqualified to sit or vote in the National Assembly until the returns are filed.

Sections 114, 115 and 117 apply mutatismutandis to this division.

1977, c. 11, s. 94; 1982, c. 31, s. 29; 1982, c. 62, s. 143.

95. Any person who sits or votes in the National Assembly contrary to section 94 is guilty of an offence and liable, on summary proceeding, to a fine of $500, in addition to costs, for each day he so sits or votes.

1977, c. 11, s. 95; 1982, c. 62, s. 143.

96. Subject to section 95, every person who contravenes this division is guilty of an offence and liable on summary proceeding to a fine of $100 to $1 000. Every person who permits or tolerates or participates in the offence is also guilty of it.

1977, c. 11, s. 96.

DIVISION XI OFFENCES AND PENALTIES

97. Any person who contravenes any of sections 45, 54, 62 to 67, 69 to 71 or 73 to 76 is guilty of an offence and is liable, on summary proceedings, to a fine of not less than $100 in the case of an elector nor $1 000 in other cases, nor more than $25 000.

Any person who contravenes any of sections 3, 33 or 47 is guilty of an offence and is liable, on summary proceedings, to a fine of not less than $100 nor more than $1 000.

1977, c. 11, s. 97; 1982, c. 31, s. 30.

98. Proceedings for contraventions against this chapter shall be instituted by the director general or by a person generally or specially authorized by him.

1977, c. 11, s. 98; 1978, c. 13, s. 1.

99. (1)  Chapter I of this act does not apply to electoral funds which, on 1 April 1978, are in the possession of political parties existing on that date, or of their authorized agents.

(2)  Such funds must be turned over, within ninety days after 1 April 1978, to the official representatives of the political parties concerned, who shall deposit them in separate accounts in financial institutions contemplated in section 73.

(3)  The first return that must be submitted by the official representative of the party concerned under section 85 is not deemed validly submitted unless it indicates:

(a)  the total amount of the funds and assets in the possession of the party on the date mentioned in subsection 1;

(b)  the financial institutions where such funds are deposited and the account numbers used.

(4)  Only the interest accruing to such funds may be added to them.

(5)  (Subsection repealed).

(6)  The funds in the possession of district associations and the various authorities of the political parties on the date mentioned in subsection 1 must be set out in statement and turned over, within the delay mentioned in subsection 2, to the official representatives of the associations or authorities concerned.

1977, c. 11, s. 99; 1982, c. 31, s. 31.

CHAPTER II ELECTION EXPENSES

100. (Repealed).

1977, c. 11, s. 100; 1979, c. 56, s. 298; 1982, c. 31, s. 32.

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

(2)  The following shall not be deemed election expenses:

(a)  the publishing in a newspaper of 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 be made in the same manner and under the same regulations as outside the election period, without payment, reward or promise of payment or of reward;

(c)  the necessary cost of holding a convention in an electoral division for the selection of a candidate; such necessary cost includes the cost of renting a hall and the convening of delegates, but it shall not include any publicity nor exceed $3 000;

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

(d)  the reasonable expenses incurred by a candidate or any other person, out of his own money, for this lodging and food during a journey for election purposes, if such expenses are not reimbursed to him;

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

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

(g)  (paragraph repealed);

(h)  the reasonable expenses incurred for the publication of explanatory commentaries on the Election Act and the instructions issued under its authority, provided that such commentaries are stricly objective and contain no publicity of such a nature as to favour or oppose a candidate or a party;

(i)  the reasonable expenses usually incurred for the current operation of not over two permanent offices of the party whose address is entered in the registers of the director general;

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

(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 that use.

1977, c. 11, s. 101; 1979, c. 56, s. 299, s. 308; 1982, c. 31, s. 33.

102. (1)  A political party wishing to incur election expenses must have an official agent.

The official representative of the party shall be the official agent of the party unless another person is designated in writing for that purpose by the leader of the party.

(2)  The director general shall publish in the Gazette officielle du Québec the name of the official agent of a party.

1977, c. 11, s. 102; 1982, c. 31, s. 34.

102.1. The official agent of a political party may, with the approval of the leader of the party, appoint the required number of deputies and authorize them to incur or authorize election expenses up to the amount fixed by him in their deed of appointment. That amount may be changed by the official agent during the election period.

All election expenses incurred by a deputy of the official agent are deemed to have been incurred by the official agent.

Every deputy must furnish to the official agent of the party a detailed account of the expenses incurred or authorized by him.

1982, c. 31, s. 35.

103. (1)  Every candidate must have an official agent.

(2)  The candidate of an authorized party must, when filing his nomination paper, designate his official agent.

(3)  (Subsection repealed).

(4)  The official representative of an authorized independent candidate shall be the official agent of such candidate.

(5)  An independent candidate who is not authorized shall, when filing his nomination paper, designate his official agent.

(6)  If the official agent mentioned in the nomination paper dies, resigns or becomes unable to act, the candidate must appoint another forthwith by a writing delivered to the returning officer.

(7)  He may in the same manner dismiss his official agent and appoint another.

(8)  The returning officer must immediately inform the director general of every appointment and replacement of an official agent.

(9)  If an official agent is replaced before polling day, the returning officer must post up a notice thereof with each notice of a poll.

1977, c. 11, s. 103; 1982, c. 31, s. 36.

104. No person may be the official agent of a candidate or of a party if

(1)  he is not an elector; or

(2)  he is a candidate, an election officer or an employee of an election officer.

1977, c. 11, s. 104; 1982, c. 31, s. 37.

104.1. An official agent or his deputy shall not pay the cost of election expenses except out of an election fund.

1982, c. 31, s. 37.

104.2. Funds held in accordance with Chapter I by an authorized party, an authorized association or an authorized independent candidate are the only funds that may be paid into the election fund put at the disposal of an official agent.

1982, c. 31, s. 37.

105. (1)  During an election period, only the official agent of a candidate or of a recognized party or his deputy may incur or authorize election expenses.

(1.1)  No literature, object or material of an advertising nature contemplated in subsection 3 of section 101 may be used during an election period except by the official agent of a candidate or of a recognized party or his deputy, or with his authorization.

(2)  It is forbidden for any person to accept or execute an order for election expenses not given or authorized by such an official agent or in his name by his publicity agency recognized by the director general.

(3)  No person shall claim or receive for election expenses a price different from his regular price for similar work or merchandise outside the election period nor shall be accept a different remuneration or renounce the same.

(4)  Any individual may however contribute without remuneration his personal services and the use of his vehicle provided that he does so freely and not as part of his work in the service of an employer.

(5)  A candidate may himself pay his personal expenses incurred on the occasion of an election, up to the amount of $2 000. Subject to subparagraphs c, d and e of subsection 2 of section 101, the expenses he may so pay shall form part of his election expenses but must not include any publicity and the candidate must send a detailed statement thereof to his official agent.

(6)  Subject to section 10 of the Public Service Act (chapter F-3.1.1), nothing in this section relates to the services rendered by a public servant attached to the public service.

(7)  At general elections only, the official agent of a recognized party, his deputy or the official representative of an authorized association, if expressly authorized therefor by the official agent of the party, may, for as long as no candidate of their party has filed his nomination paper and before the hour fixed for filing his nomination paper, authorize election expenses of a local nature for an amount not exceeding $3 000 and including no publicity.

If, at the time of the polling, the party has no official candidate in the electoral division for which such expenses were authorized, such expenses are deemed to have been incurred by the recognized party; in the opposite case, such expenses are deemed to have been authorized by the official agent of the candidate of such party.

1977, c. 11, s. 105; 1978, c. 15, s. 140; 1979, c. 56, s. 300, s. 308; 1982, c. 31, s. 38; 1983, c. 55, s. 144.

106. Every printed advertisement, prospectus, placard, poster, pamphlet, handbill or circular relating to any election shall bear the name and address of its printer and of the person on whose behalf it was printed or published.

Every advertisement relating to an election published in a newspaper or other publication shall mention the name and address of the person who has it published; such name and address must be mentioned at the beginning or at the end of any sponsored radio or television programme relating to an election.

However, in the case of printed matter, an advertisement or a radio or television program ordered by an official agent or his deputy, the mention of the address is replaced by that of the title of the official agent or his deputy.

Anything that constitutes election expenses shall be deemed to relate to an election.

1977, c. 11, s. 106; 1982, c. 31, s. 39.

106.1. Every radio, television or cable broadcaster and every owner of a newspaper, a periodical or other printed matter may make air time on the radio or television or space in the newspaper, periodical or other printed matter available free of charge to parties and candidates, provided he offers such service equitably as to quality and quantity to all the parties, or in the same electoral division, to all the candidates.

The director general shall verify the legality of the services rendered under this section.

1982, c. 31, s. 40.

107. (1)  An official agent who wishes to order election expenses through a publicity agency must so inform the director general in writing.

(2)  If it is shown to his satisfaction that it is a bonafide agency, the director general shall cause to be published in the Gazette officielle du Québec a notice that the agency so designated is recognized as the mandatary of such official agent.

(3)  All election expenses ordered by the agency so designated shall be deemed to be ordered by the official agent.

(4)  The agency must remit to the official agent a detailed statement of the election expenses it has ordered. The statement must be made in the form prescribed by the director general.

1977, c. 11, s. 107; 1982, c. 31, s. 41.

108. (1)  Any payment for election expenses of $25 or more must be proved by an itemized invoice.

(2)  An itemized invoice must provide all the particulars required for auditing each item of work or material and the rate or unit price used for computing the amount.

(3)  Every person to whom an amount is due for election expenses must present his claim to the official agent not later than within the sixty days following polling day. After that time, the claim is prescribed.

(4)  If the official agent has died and has not been replaced, the claim shall be forwarded within the same delay to the leader of the party or to the candidate himself, as the case may be.

1977, c. 11, s. 108; 1982, c. 31, s. 42.

109. (1)  Election expenses must be limited so as never to exceed for a party, during general elections, $0.25 per elector in the aggregate of the electoral divisions in which such party has official candidates.

(2)  The election expenses for each candidate must be limited so as never to exceed $0.70 per elector during a general election or $0.95 during a by-election.

(3)  For each candidate in the electoral divisions of Duplessis, Rouyn-Noranda-Témiscamingue, Saguenay and Ungava the maximum is increased by $0.20 per elector, and in the electoral division of Îles-de-la-Madeleine the maximum is increased by $0.55 per elector.

(4)  The official agent of an authorized party must not incur election expenses during by-elections.

1977, c. 11, s. 109; 1979, c. 56, s. 301, s. 308; 1982, c. 31, s. 43, s. 58.

110. The director general shall reimburse an amount equal to 50% of the election expenses incurred and paid in conformity with this Act, or the amount of such expenses incurred and paid, up to $0.15 per listed elector, whichever is greater, for each candidate

(1)  declared elected;

(2)  who obtained at least 20% of the valid votes;

(3)  who was elected at the last election; or

(4)  of either of the two parties whose official candidate obtained the greatest number of votes at the last election in the electoral division;

(5)  who, in the case provided for in section 73 of the Election Act (chapter E-3.1), is entitled to make the recommendations provided for in section 72 of the said Act.

In the case of an independent candidate, no reimbursement may exceed the amount of the debts resulting from his election expenses.

The reimbursement is based on a maximum of $0.90 per elector in the case provided for in subsection 3 of section 109 and $0.70 per elector in any other case in respect of the amount of election expenses admissible for reimbursement. In the case of the electoral division of Îles-de-la-Madeleine, the reimbursement is based on a maximum of $1.25.

1977, c. 11, s. 110 (part); 1979, c. 56, s. 302; 1982, c. 31, s. 44.

110.1. To be entitled to reimbursement, the official agent of the candidate must produce a statement in the form prescribed by the director general and such statement must be accompanied by a statement supported by oath or solemn affirmation and the invoices, receipts or other vouchers, or certified copies of such documents, which shall afterwards be forwarded to the returning officer.

However, the director general shall make a reimbursement so long as the official agent of a candidate has not delivered, in accordance with the first paragraph of section 112, a return of election expenses or has not been excused of the delay to deliver it by order of a judge, in accordance with the provisions of the second paragraph of section 115.

Reimbursements of election expenses are made to the official representative of the political party or of the association, as indicated by the official agent in his application for reimbursement. In the case of an independent candidate, reimbursements are made jointly to the candidate and his official agent.

1977, c. 11, s. 110 (part); 1982, c. 31, s. 44; 1982, c. 31, s. 45.

111. For the purposes of sections 109 and 110, the number of electors is the higher of

(1)  the total of the electors listed on the revised lists, and

(2)  the total of the electors listed after a second revision, if such is the case.

Each returning officer shall transmit a certificate to the director general showing the number of electors, directly upon the conclusion of the period for revision or second revision, as the case may be. He shall also advise each candidate of the number of electors in his electoral division.

At a general election, the director general must transmit, to the leader of each authorized party, the total number of electors entered for all the electoral divisions.

1977, c. 11, s. 111; 1982, c. 31, s. 46, s. 58.

112. Within 90 days following polling day, the official agent of a candidate shall deliver to the office or domicile of the returning officer, or to any other place determined by the director general, a return of his election expenses in the form prescribed by the director general.

The return must be accompanied with the invoices, receipts and other vouchers that have not been sent to the director general or with certified copies of such documents, and with a list of such documents and a sworn statement in the prescribed form.

1977, c. 11, s. 112; 1979, c. 56, s. 303, s. 308; 1982, c. 31, s. 47.

112.1. On receiving the returns, the returning officer shall forward all the returns, sworn statements, invoices and vouchers to the director general. The director general shall publish, in a newspaper circulated in the electoral division, a summary of those returns within 30 days following the expiry of the time prescribed for their submission.

The director general shall keep the documents for one year from their receipt. During that period, he must allow any elector to examine the documents and make copies of them at the place designated by him for that purpose. At the expiry of that period, the director general shall return the invoices and vouchers to the candidate at the latter’s request; otherwise, he may destroy them.

1982, c. 31, s. 47.

112.2. The returning officer must make copies of all the returns, sworn statements, invoices and vouchers forwarded to the director general, and allow every elector to examine them and make abstracts or copies of them until such time as the documents are destroyed or returned to the person concerned.

1982, c. 31, s. 47.

113. Within 120 days following polling day, the official agent of a recognized party shall deliver to the director general a return of his election expenses in the form prescribed by the director general.

Such returns must be accompanied with the invoices, receipts and other vouchers and by a statement supported by oath or solemn affirmation in the same form.

Within 30 days following the prescribed time for submitting returns of election expenses, the director general shall have a summary of them published in a newspaper circulated in Québec.

The director general shall keep all the returns and affidavits as well as the invoices and vouchers and, during ordinary office hours within the ensuing one hundred and eighty days, shall permit any elector to examine the same and make extracts or copies thereof.

At the expiration of such period, the director general shall deliver the invoices and vouchers to the recognized party leader if the latter so requests; if not, he may destroy them.

1977, c. 11, s. 113; 1979, c. 56, s. 304; 1982, c. 31, s. 48.

113.1. In addition to election expenses, the official agent must indicate in the return prescribed in section 112 or 113 the source of the sums paid into the election fund put at his disposal.

1982, c. 31, s. 49.

113.2. On filing the return prescribed in section 112 or 113, the official agent must remit the sums or goods remaining in his election fund to the official representative of the party or of the authorized association of the party, as the case may be; in the case of an authorized independent candidate, the official agent shall remit the sums or goods to the candidate.

1982, c. 31, s. 49.

113.3. No sum or goods received by an authorized independent candidate may be used by him except for political, religious, scientific or charitable purposes.

1982, c. 31, s. 49.

114. If the return and the statement prescribed by section 112 or 113 are not produced within the period fixed, the candidate or party leader, as the case may be, becomes, ten days after the expiry of the period prescribed, disqualified from sitting or voting in the National Assembly until such return and statement have been delivered.

However, a judge, by order, on a motion made before the candidate or party leader is disqualified from sitting or voting, may allow him to continue to sit or vote for an additional period of not more than 30 days.

1977, c. 11, s. 114; 1982, c. 31, s. 50; 1982, c. 62, s. 143.

115. If a return or a statement contains any error, the candidate or party leader may obtain permission from a judge to correct such error on establishing that it was made through inadvertence. However, the director general may exofficio allow the error to be corrected if the correction is not contested by a party, an association or a candidate, as the case may be.

If a candidate or party leader establishes before a judge that the absence, death, illness or misconduct of an official agent or any other reasonable cause prevents the preparation and production of a return prescribed by section 112 or 113, such judge may make any order he deems necessary to enable the applicant to obtain all the information and documents necessary to prepare the return and affidavit and grant such further delay as the circumstances may require.

Failure to comply with an order made under this section shall be punishable in the same manner as failure to appear to testify before the court.

1977, c. 11, s. 115; 1982, c. 31, s. 51.

116. Before filing the return and statement prescribed by section 112 or 113, an official agent must have paid all the claims received within the delay prescribed by section 108 unless he contests the same and mentions them therein as contested.

It is forbidden for the official agent and the party leader or candidate to pay a claim so contested, except in execution of a judgment of a competent court in favour of the creditor after the hearing of the case and not upon an acquiescence in the demand or an agreement of settlement.

A judge, or the director general, if no party, association or candidate objects, may authorize an official agent, a party leader or a candidate to pay a contested claim or a prescribed claim, if the refusal or failure to pay results from a bonafide error and if that payment does not increase the election expenses to an amount exceeding the limit fixed by section 109.

1977, c. 11, s. 116; 1982, c. 31, s. 52; 1982, c. 17, s. 46.

116.1. The director general may refer to a judge any claim contested by an official agent. Such a case is heard and decided by preference.

1982, c. 31, s. 53.

117. The judge having jurisdiction to take cognizance of an application under sections 114, 115 and 116 is, in the case of a candidate other than a party leader, the judge to whom an application for a recount under the Election Act (chapter E-3.1) must be presented and, in the case of a party leader, the chief justice of the said judge.

No such application may be heard without notice of at least three clear days to the director general and to each of the other candidates for election in the electoral division or, in the case of a party leader, to each of the other authorized party leaders.

1977, c. 11, s. 117; 1979, c. 56, s. 305, s. 308; 1982, c. 31, s. 58.

118. Whosoever sits or votes in the National Assembly contrary to section 114 shall be liable to a fine of $500 and costs for each day on which he so sits or votes.

1977, c. 11, s. 118; 1982, c. 62, s. 143.

119. Every official agent who incurs or authorizes election expenses exceeding the maximum fixed by section 109 or files a false return or statement or produces a falsified invoice, receipt or other voucher, or, after the filing of his return, pays a claim otherwise than as permitted by section 116, is guilty of an offence.

Every candidate or party leader who incurs, pays or authorizes any election expenses otherwise than as permitted by this chapter is guilty of an offence.

Every person who authorizes or tolerates or participates in an offence under this section in any manner is guilty of an offence.

Every person guilty of an offence under this section is liable to a fine of not less than $100 nor more than $10 000 or to such a fine and to imprisonment for not more than twelve months.

1977, c. 11, s. 119; 1979, c. 56, s. 306; 1982, c. 31, s. 54.

119.1. Every offence referred to in section 119 is a corrupt electoral practice.

1979, c. 56, s. 306.

120. Every person who is guilty of an offence against the provisions of this chapter, other than an offence contemplated in section 119, is liable to a fine of not less than $100 nor more than $1 000 or to such fine and to imprisonment for not over 6 months.

Every person is guilty of an offence under this section who permits, tolerates or participates in any way in the commission thereof.

1977, c. 11, s. 120; 1979, c. 56, s. 307; 1982, c. 31, s. 55.

121. Proceedings under this chapter are brought pursuant to the Summary Convictions Act (chapter P-15) by the director general or by any person generally or specially authorized by him for such purpose.

Where a document required to be filed with the director general under this Act reveals that an offence was committed, proceedings may be brought during the year following the date of filing of the document.

1977, c. 11, s. 121; 1982, c. 31, s. 56; 1982, c. 54, s. 3.

122. (Repealed).

1977, c. 11, s. 122; 1982, c. 54, s. 4.

CHAPTER III MISCELLANEOUS AND FINAL PROVISIONS

123. (Repealed).

1977, c. 11, s. 123; 1979, c. 56, s. 308; 1982, c. 54, s. 4.

124. (Repealed).

1977, c. 11, s. 136; 1982, c. 54, s. 4.

125. This Act shall operate notwithstanding the provisions of sections 2 and 7 to 15 of the Constitution Act, 1982 (Schedule B of the Canada Act, chapter 11 in the 1982 volume of the Acts of the Parliament of the United Kingdom).

1982, c. 21, s. 1.

REPEAL SCHEDULES

In accordance with section 17 of the Act respecting the consolidation of the statutes (chapter R-3), chapter 11 of the statutes of 1977, in force on 31 December 1977, is repealed, except sections 124 to 129, 131 to 133, 134 and 137, effective from the coming into force of chapter F-2 of the Revised Statutes.

In accordance with section 17 of the Act respecting the consolidation of the statutes and regulations (chapter R-3), sections 2, 3, 33, paragraph d of section 39 and sections 41, 43 to 45, 49 to 51, 54, 62 to 122, 124 to 129 and 131 to 133 of chapter 11 of the statutes of 1977, in force on 1 June 1979, are repealed, effective from the coming into force of the updating to 1 June 1979 of chapter F-2 of the Revised Statutes.

This Act will be replaced upon the coming into force of section 519 of chapter 51 of the statutes of 1984 on the date fixed by proclamation of the Government.