Bill 195 2011

An Act to amend the Election Finances Act to ban collusion in electoral advertising

Note: This Act amends the Election Finances Act.  For the legislative history of the Act, see the Table of Consolidated Public Statutes – Detailed Legislative History at www.e-Laws.gov.on.ca.

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

   1.  Clause 22 (1) (a) of the Election Finances Act is repealed.

   2.  Subsection 37.5 (2) of the Act is amended by adding the following clause:

    (i)  a statement that, in engaging in third party election advertising, the third party is acting independently of and not in collusion with a registered party, a constituency association or a candidate.

   3.  The Act is amended by adding the following section:

No collusion with registered parties, etc.

   37.11.1  In engaging in third party election advertising, a third party shall act independently of and not in collusion with a registered party, a constituency association or a candidate.

   4.  Section 37.12 of the Act is amended by adding the following subsection:

Statement of no collusion

   (1.1)  A third party shall state in its election advertising report that it has acted independently of and not in collusion with a registered party, a constituency association or a candidate.

   5.  (1)  Subsection 38 (1) of the Act is amended by striking out the portion before clause (a) and substituting the following:

Limitation on campaign expenses

   (1)  The expenses of a registered party that are described in subsection (1.1) shall not exceed the amount determined by multiplying the applicable amount by,

.     .     .     .     .

   (2)  Section 38 of the Act is amended by adding the following subsection:

Total expenses

   (1.1)  The expenses of a registered party that are mentioned in subsection (1) are the total of,

  (a)  the total campaign expenses that the party or any person, corporation, trade union, unincorporated association or organization acting on behalf of the party incurs during a campaign period; and

  (b)  the total expenses that a person, corporation, trade union, unincorporated association or organization acting with the express or implied knowledge and consent of the party incurs during a campaign period in relation to producing an election advertisement in support of the party or acquiring the means of transmitting such an election advertisement to the public.

   6.  Subsection 42 (1) of the Act is amended by striking out "and" at the end of clause (b) and by adding the following clause:

(b.1) of all expenses that a person, corporation, trade union, unincorporated association or organization acting with the express or implied knowledge and consent of the party, constituency association or candidate incurred during the campaign period and that related to producing an election advertisement in support of the party, constituency association or candidate or acquiring the means of transmitting such an election advertisement to the public; and

Commencement

   7.  This Act comes into force on the day it receives Royal Assent.

Short title

   8.  The short title of this Act is the Banning Collusion in Electoral Advertising Act, 2011.

EXPLANATORY NOTE

The Bill amends the Election Finances Act to ban third parties from colluding with a registered political party, a constituency association or a candidate when engaging in third party election advertising.

It also extends the limit that section 38 of the Act imposes on campaign expenses incurred by a registered party and persons or bodies acting on its behalf during a campaign period to include advertising expenses incurred by a third party during a campaign period if the third party acted with the express or implied knowledge and consent of a registered party. The chief financial officer of every party, constituency association or candidate is required to include those expenses in the financial statement that section 42 of the Act requires the officer to file with the Chief Electoral Officer.