O In this formula, E is 50% of the party's election expenses (excluding non-monetary contributions), up to a maximum of 50% of the party's election expense limit, O is the party's over-expenditure , which is the greater of the following amounts: (a) the amount, if any, by which the party's election expenses (including the value of non-monetary contributions) exceed its election expense limit, (b) the amount, if any, by which the party's advertising expenses (including the value of non-monetary contributions) exceed its advertising expense limit. Information Note Registered parties receive reimbursement only for expenditures (election expenses) they actually incur. Non-monetary contributions do not require an outlay of cash and are therefore not eligible for reimbursement. This is why they are excluded when calculating the amount of reimbursement payable. However, the value of non-monetary contributions continues to be included as election expenses for the purpose of determining whether the party has exceeded its election expense limit. (3) — To whom is the reimbursement paid? The reimbursement amount is payable to the registered party's financial officer who must ensure that it is used first to pay the party's outstanding liabilities, if any. (4) — Is an advance payable? A registered party is entitled to receive 50% of its reimbursement amount (as estimated by the CEO) in advance if (a) the party's financial statement for the election does not indicate an over-expenditure, and (b) the CEO has received the information and statements required to be filed under sections 62 and 67, or information the CEO considers sufficient for the advance to be paid. (5) — Interim certificate for advance payment Within 15 days after determining that an advance is payable to a party, the CEO must prepare an interim certificate setting out the amount of the advance, and to whom it is payable. (6) — Final certificate for payment As soon as reasonably practicable, but no later than 90 days after the CEO receives the information and statements required to be filed under sections 62 and 67, or information the CEO considers sufficient for the reimbursement to be paid, the CEO must prepare a final certificate setting out the following: (a) the party's reimbursement amount, if any, (b) the amount paid as an advance, if any, (c) the balance payable, if any, and to whom it is payable. (7) — Payment The reimbursement set out in an interim or final certificate is to be paid out of the Consolidated Fund as soon as reasonably practicable after being certified. (8) — Recovery of overpayment If an amount paid as an advance exceeds the registered party's reimbursement amount certified under subsection (6), the excess is an overpayment. The party's financial officer must immediately repay it to the Minister of Finance. S.M. 2019, c. 13, s. 14 ; S.M. 2024, c. 35, Sch. A, s. 2 . 74 REIMBURSEMENT OF CANDIDATE'S ELECTION EXPENSES (1) — When is a candidate eligible to be reimbursed? A candidate is eligible for reimbursement if he or she received at least 5% of the valid votes cast in their electoral division. (2) — What is the reimbursement amount and over-expenditure amount? A candidate's reimbursement amount is the amount determined by the following formula: Reimbursement amount = (50% × E) + C + D − O In this formula, E is the candidate's election expenses (excluding the value of non-monetary contributions) or the candidate's election expense limit, whichever is less, C is the candidate's reasonable child care expenses, D is the candidate's reasonable disability expenses, O is the candidate's over-expenditure , which is the greater of: (a) the amount, if any, by which the candidate's election expenses (including the value of non-monetary contributions) exceed the candidate's election expense limit, (b) the amount, if any, by which the candidate's advertising expenses (including the value of non-monetary contributions) exceed the candidate's advertising expense limit. Information Note Eligible candidates receive reimbursement only for expenditures (election expenses) they actually incur. Non-monetary contributions do not require an outlay of cash and are therefore not eligible for reimbursement. This is why they are excluded when calculating the amount of reimbursement payable. However, the value of non-monetary contributions continues to be included as election expenses for the purpose of determining whether a candidate has exceeded his or her election expense limit. (3) — To whom is reimbursement paid? A candidate's reimbursement amount is payable in accordance with the following rules: Rule 1 — Amount payable to candidate and official agent A candidate's reimbursement amount is payable jointly to the candidate and their official agent, to the extent of (a) the candidate's deficit, as determined under subsection (9), or (b) if there is an over-expenditure, the amount by which the candidate's deficit exceeds the over-expenditure. The candidate and his or her official agent must ensure that the reimbursement amount is used first to pay the candidate's outstanding liabilities, if any. Rule 2 — Payment of remaining amount Any remaining amount is payable (a) to the financial officer of the registered party that endorsed the candidate, or (b) in the case of an independent candidate, to the CEO to be held in trust and paid (with accumulated interest) to (i) the candidate, if he or she is a candidate in the next general election or in a by-election that occurs before the next general election, or (ii) in any other case, to the Minister of Finance for payment into the Consolidated Fund. (4) — Is an advance payable? A portion of the candidate's reimbursement amount is payable in advance in accordance with subsection (3), if (a) the candidate's financial statement does not indicate an over-expenditure, and (b) the CEO has received the information and statements required to be filed under sections 63 and 67, or information the CEO considers sufficient for an advance to be paid. The portion is 50% of the candidate's reimbursement amount (as estimated by the CEO), or the candidate's deficit, whichever is less. (5) — Interim certificate for advance payment Within 15 days after determining that an advance is payable to a candidate, the CEO must prepare an interim certificate setting out the amount of the advance and to whom it is payable. (6) — Final certificate for payment As soon as reasonably practicable, but no later than 90 days after the CEO receives the information and statements required to be filed under sections 63 and 67, or information the CEO considers sufficient for the reimbursement to be paid, the CEO must prepare a final certificate setting out the following: (a) the candidate's reimbursement amount, if any, (b) the amount paid as an advance, if any, (c) the balance payable, if any, and to whom it is payable. (7) — Payment The reimbursement set out in an interim or final payment certificate is to be paid out of the Consolidated Fund as soon as reasonably practicable after being certified. (8) — Recovery of overpayment If an amount paid to a candidate as an advance exceeds the candidate's reimbursement amount certified under subsection (6), the excess is an overpayment which is immediately repayable to the Minister of Finance by (a) the candidate's official agent, in the case of an overpayment to the candidate and the official agent, and (b) the CEO out of the money held in trust for the candidate, in the case of an overpayment to the CEO. (9) — When does a candidate have a deficit? A candidate has a deficit under this section in the amount determined by the following formula, if the result is a negative number: Amount = I − (E + A + C + D) In this formula, I is the candidate's income during the candidacy period, including contributions (other than non-monetary contributions) and monetary transfers received, E is the total of (a) the candidate's election expenses (excluding non-monetary contributions), (b) the amount of any monetary transfers the candidate made during the candidacy period to the party that endorsed the candidate, and (c) bank charges and any interest paid or accrued in relation to a loan made to the candidate, for the four-month period after election day, A is the cost of auditing the candidate's financial statement for the election, minus the fee payable to the auditor under Part 3, C is the candidate's reasonable child care expenses incurred during the election period, if any, D is the candidate's reasonable disability expenses incurred during the election period, if any. S.M. 2013, c. 54, s. 27 ; S.M. 2019, c. 13, s. 15 ; S.M. 2024, c. 35, Sch. A, s. 3 . 75 CEO TO REPORT CALCULATIONS When certifying an amount to be reimbursed or advanced, the CEO must prepare a report detailing how the amount was determined and make the report available to the public. 76 PAYMENT OF REIMBURSEMENT TO A CREDITOR The reimbursement amount or part of it may be paid to a person to whom a registered party or a candidate has assigned the right to receive the reimbursement, but only if the following conditions are met: (a) the right is assigned to a person who has made a loan to the party or candidate, (b) the assignment is made under a loan agreement filed with the CEO under Part 6, (c) the balance owing on the loan has been confirmed to the CEO's satisfaction, (d) if the right to reimbursement has been assigned to more than one lender, the party's financial officer or the candidate's official agent (whichever is applicable) has directed the CEO in writing as to the order of payment. 77 EFFECT OF OVER-EXPENDITURE The fact that an over-expenditure described in this Part reduces reimbursement does not prevent another penalty from being imposed under this Act. PART 11 78 to 81 [Repealed] S.M. 2013, c. 39, Sch. A, s. 48 ; S.M. 2016, c. 18, s. 3 . PART 12: THIRD PARTY SPENDING Contents 82 Definitions 83 Spending limit 84 Communication must name third party 85 Registration 86 Financial agent 87 Contribution rules 88 Reporting requirements 89 Public information 89.1 No circumventing rules 89.2 Election communication expenses as advertising expenses 90 Guidelines 91 Offences Overview A third party is a person or group (other than a political party, candidate or constituency association) that promotes or opposes a registered party or a candidate during an election. A third party must not spend more than $25,000 on election communications in the election period for a general election or more than $100,000 in the 90-day period before the start of the election period for a fixed date election. A third party must not spend more than $5,000 in the election period for a by-election. A third party must identify itself in any election communication it makes. Once a third party spends $2,500 on election communications, it must register with the CEO, appoint a financial officer and make a financial report to the CEO. If election communication expenses of a third party are incurred with the knowledge and consent of a registered party, those expenses are considered to be advertising expenses of the registered party. 82 DEFINITIONS The following definitions apply in this Part. "contribution" means a monetary or non-monetary contribution made without compensation for purposes related to an election. (« don ») "election communication" means a communication during an election period or a pre-election period of a message that promotes or opposes a registered party or the election of a candidate, including one that takes a position on an issue with which a registered party or candidate is associated. (« communication électorale ») "election communication expense" means an expense incurred, and the value of non-monetary contributions received for the purpose of producing or communicating an election communication. (« dépenses de communication électorale ») "group" means a group of persons acting together by mutual consent for a common purpose, and includes a trade union. (« groupe ») "non-monetary contribution" means the commercial value of a service or of property, or the use of property, to the extent it is provided without charge or at less than its commercial value, but does not include volunteer labour. (« don en nature ») "third party" means a person or group other than a registered party, a candidate or a constituency association. (« tiers ») S.M. 2017, c. 23, s. 20 . 82.1 APPLICATION (1) — Which communications are covered by this Part? This Part applies only to election communications that are (a) published in newspapers, magazines or other periodicals, (b) broadcast on radio or television, (c) posted or distributed on the Internet, or (d) posted on billboards, buses or other property normally used for commercial advertising. (2) — Exceptions This Part does not apply to any of the following: (a) the transmission to the public of an editorial, debate, speech, interview, column, letter, commentary or news item, (b) the distribution of a book, or the promotion of the sale of a book, for not less than its commercial value, (c) the transmission by an individual, on a non-commercial basis on the Internet, of his or her personal views, (d) the transmission of a document or message directly by a person or a group to their members, employees or shareholders. S.M. 2017, c. 23, s. 21 . 83 ELECTION COMMUNICATION EXPENSE LIMITS (1) — Spending limit during election period A third party must not incur election communication expenses of more than $25,000 for election communications in the election period for a general election. (2) — Spending limit for pre-election period A third party must not incur election communication expenses of more than $100,000 for election communications in a pre-election period. (3) — Spending limit for by-elections A third party must not incur election communication expenses of more than $5,000 for election communications in the election period for a by-election or in the election period for multiple by-elections that have the same election day. (4) — Inflation adjustment At the beginning of the year after the year in which a fixed date election was held, the CEO must adjust the limits set out in subsections (1), (2) and (3) for inflation and must publish the new limit. The adjustment must be made in the same manner as the adjustment made under subsection 30(2). S.M. 2025, c. 46, s. 12 . 84 COMMUNICATION MUST NAME THIRD PARTY (1) — Communication must name third party A third party must identify itself in any election communication it places and indicate that it has authorized the communication. (2) — Ensuring compliance A third party's financial agent must ensure that the third party complies with subsection (1). If a third party has no financial agent, the following individuals must ensure the third party's compliance: (a) if the third party is an individual, the individual, (b) if the third party is a corporation, an officer with signing authority for the corporation, (c) if the third party is a group, the individual who is responsible for the group. S.M. 2017, c. 23, s. 22 . 85 REGISTRATION (1) — When must a third party register? A third party must register with the CEO immediately after having incurred election communication expenses totaling $2,500. (2) — How to register A third party that is required to be registered must file an application with the CEO that includes the following: 1. The name and contact information of the following, and the signature of the individual indicated: (a) if the third party is an individual, the individual, (b) if the third party is a corporation, the corporation and the officer who has signing authority for it, (c) if the third party is a group, the group and an individual who is responsible for the group. 2. The address and telephone number of the third party's office where its records are kept, and of the office to which notices and communications under this Act may be sent. 3. The contact information of the third party's financial agent, along with the person's signed consent to act. 4. A declaration of the person signing the application that the third party is not acting directly or indirectly on behalf of a registered party, candidate or constituency association. (3) — CEO to review application Without delay after receiving an application, the CEO must determine whether the requirements of this section have been met, and must notify the person who signed the application whether the third party is registered. If registration is refused, the CEO must give reasons. (4) — Name of third party A third party may not be registered under a name that the CEO believes is likely to be confused with the name of a registered party, a candidate or a registered third party. (5) — When registration ends The registration of a third party is valid until election day. But after election day, the third party continues to be subject to the requirement to file an election communication report under section 88 and to provide the CEO with any required information. (6) — Register of third parties The CEO must maintain, for the period that he or she considers appropriate, a register of third parties in which the information referred to in subsection (2) is recorded. S.M. 2017, c. 23, s. 23 . 86 FINANCIAL AGENT (1) — Appointing financial agent A third party that is required to register under section 85 must appoint a financial agent. If a third party's financial agent is replaced, the third party must, without delay, file the new financial agent's name and contact information with the CEO, along with the person's signed consent to act. (2) — Deputy financial agent A financial agent may appoint a deputy financial agent to accept contributions or incur election communication expenses, but that appointment does not limit the financial agent's duties under this Part.As soon as possible after appointing a deputy, the financial agent must file the deputy's contact information with the CEO, along with the person's signed consent to act. (3) — Ineligible persons The following persons are not eligible to be a financial agent or deputy financial agent: (a) the financial officer or other officer of a registered party, (b) a candidate or an official agent of a candidate, (c) an officer of a constituency association, (d) an election officer. (4) — Duties of financial agent A third party's financial agent must (a) accept all contributions made to the third party during a campaign period, (b) authorize every election communication expense incurred on the third party's behalf, (c) ensure that records are kept of receipts and expenses, including contributions and election communication expenses, (d) ensure that the election communication report is filed under section 88, and (e) maintain the records on which a statement, report or other information filed under this Act is based (i) for at least five years after the filing date, and (ii) for any additional period the CEO or the commissioner considers necessary to ensure compliance with this Act, if notice is given to the person maintaining the records. The duty to ensure that records are kept applies for the whole campaign period even if the financial agent is not appointed until after that period begins. (5) — Account in a financial institution If a third party incurs election communication expenses of $2,500 or more, its financial agent must ensure that (a) an account in a financial institution is opened and maintained in the third party's name, (b) all contributions received by the third party are deposited in that account, (c) every disbursement is made from that account, and (d) money is not deposited in that account that does not relate solely to the third party. S.M. 2013, c. 54, s. 27 ; S.M. 2017, c. 23, s. 24 ; S.M. 2017, c. 35, s. 60 . 87 CONTRIBUTION RULES (1) — No contributions from candidates or parties A third party must not accept a contribution from a registered party, a candidate or a constituency association. (2) — No anonymous contributions A third party must not use a contribution if it does not know the contributor's name and address. (3) — Contributor to use own money or property A person or organization must not make a contribution to a third party of money, property or services that do not belong to it or that have been given to it by another for the purpose of making the contribution. (4) — No contributions in expectation of compensation A person or organization must not make a contribution to a third party expecting to be reimbursed or compensated by another for all or part of the contribution. A person or organization must not reimburse or compensate, or offer to reimburse or compensate, another for all or part of a contribution. (5) — Third party not to accept prohibited contributions A third party must not solicit or knowingly accept a contribution prohibited by this section. 88 REPORTING REQUIREMENTS (1) — Election communication report Within 90 days after election day, a third party that has incurred election communication expenses of $2,500 or more must file an election communication report with the CEO. (2) — Content of the report An election communication report must include the following: (a) a list of election communication expenses and the time and place of each communication to which the expenses relate, (b) the value of contributions received by the third party, including contributions received to the end of the campaign period, (c) for contributors who made contributions of a total amount of $250 or more to the third party (which, in the case of a contribution by a numbered company, is its chief executive officer or president), their name, address and the total amount contributed, (d) the amount that was paid out of the third party's own funds for purposes related to the election, (e) the amount, if any, by which election communication expenses exceed contributions. (3) — Loans For the purpose of clause (2)⁠(b), a contribution includes a loan. (4) — Declaration of financial agent An election communication report must include a signed declaration of the financial agent stating that the report is accurate. The declaration must also be signed by the individual who signed the registration application under subsection 85(2), if that individual is not the third party's financial agent. (5) — If financial agent does not file If the third party's financial agent does not file an election communication report within 90 days after election day, the CEO must notify the person who signed the third party's registration application of the failure. That person must file the report within 30 days after receiving the notice. The notice may be given personally or be mailed or delivered to the person's last known address using a service that provides the CEO with acknowledgment of receipt. (6) — Contributions received after filing By January 31 of each year, a third party must file a further report with the CEO if its election communication expenses exceed the total of its contributions and the amounts paid out of its own funds under clause (2)⁠(d). The report must indicate the following: (a) the amount by which those expenses continue to exceed contributions and amounts paid out of its own funds, (b) if, after the campaign period, the third party received contributions from any person or organization that have a total value of $250 or more, the name and address of each contributor and the total amount contributed. S.M. 2017, c. 23, s. 25 . 89 PUBLIC INFORMATION The information provided to the CEO under sections 85 and 88 is public information. A person may obtain a copy of any of the information by asking the CEO and paying an appropriate fee. 89.1 NO CIRCUMVENTING RULES A third party must not circumvent or attempt to circumvent the election communication expense limits in section 83 or the registration requirement in section 85 in any manner, including (a) by splitting itself into two or more third parties; or (b) by acting in collusion with another third party so that their combined election communication expenses exceed a limit set out in section 83. S.M. 2017, c. 23, s. 26 . 89.2 ELECTION COMMUNICATION EXPENSES AS ADVERTISING EXPENSES If a third party incurs election communication expenses with the knowledge and consent of a registered party, those expenses are considered to be advertising expenses of the registered party under Parts 7 and 8. S.M. 2017, c. 23, s. 26 . 90 GUIDELINES The CEO must issue guidelines to assist third parties and others in deciding whether communications are included within the definition "election communication". 91 OFFENCES (1) — Third party exceeding limit on election communication expenses Every person or organization who, being a third party, contravenes section 83 (election communication expense limit) is guilty of an offence and is liable on summary conviction, (a) in the case of an individual, to a fine of not more than $5,000, and (b) in the case of an organization or corporation, to a fine of not more than $50,000. (2) — Additional penalty In addition to the fine under subsection (1), a person who is guilty of an offence under that subsection is liable to a fine of up to twice the amount by which the third party exceeded the election communication expense limit. (3) — Prosecution of third parties: groups If a third party that is a group commits an offence under this Part, the individual responsible for the group or its financial agent commits the offence if he or she authorized, consented to or participated in the act or omission that constitutes the offence. (4) — Vicarious liability For the purpose of a prosecution brought against a third party under this Act, (a) the third party is deemed to be a person, and (b) if the financial agent of the third party or the person who signed the third party's registration application under subsection 85(2) — or, in the absence of an application, the person who would have signed it — commits an offence under this Act or the regulations, the third party commits the same offence if the person or agent acted within the scope of their authority. PART 13: RESTRICTIONS ON GOVERNMENT ADVERTISING Contents 92 Restrictions on government advertising 93 Complaint to commissioner 94 Application to court for declaration Overview This Part restricts government departments and Crown agencies from advertising or publishing information about their activities before an election. 92 RESTRICTIONS ON GOVERNMENT ADVERTISING (1) — Restrictions for general elections and by-elections During the following periods, a government department or Crown agency must not advertise or publish any information about its programs or activities: (a) in the last 60 days before election day and on election day, in the case of a fixed date election, (b) for a general election that is not a fixed date election, (i) in the election period, and (ii) in the period preceding the election period as set by order of the Lieutenant Governor in Council, (c) for a by-election, in the election period. Information Note The period preceding a general election that is not a fixed date election relates to the calling of such an election under section 49 of The Elections Act . (2) — Exceptions Subsection (1) does not apply to an advertisement or a publication (a) that is required by law, (b) that disseminates information about public health or safety matters, (c) that, in relation to the usual operations of a government department or Crown agency, (i) is in continuation of earlier advertisements or publications concerning an ongoing or recurring program or activity, (ii) solicits proposals or tenders for a contract, or (iii) is a job advertisement or is information disseminated at or about a job fair or career fair, or (d) that deals with a matter before the Assembly, such as the throne speech, the budget, the introduction or passage of a bill or an order or resolution of the Assembly. (3) — Additional restrictions for by-elections During the election period of a by-election, the exceptions set out in clauses (2)⁠(b) to (d) do not apply to an advertisement or publication that disproportionately targets the residents of the electoral division in which the by-election is being held. (4) — Non-application to speaking by members of Executive Council Nothing in this Act applies when a member of the Executive Council speaks on behalf of the government or about a matter concerning their ministerial responsibilities as long as government resources are not used (a) to advertise or publish the date or time when, or location where, the member will speak, (b) to invite a person to attend the location where the member will speak, or (c) to advertise or publish the contents of the member's speech after it is made. (5) — Guidelines The government must develop and issue publicly available guidelines to assist government departments and Crown agencies in determining if information they intend to advertise or publish about their programs or activities is subject to the restrictions in this section. S.M. 2021, c. 32, s. 2 . 93 COMPLAINT TO COMMISSIONER A person who believes that a government department or Crown agency has violated section 92 may file a complaint with the commissioner. If the commissioner finds a complaint to be justified, he or she must give particulars of the violation to the CEO who must then publish them in the annual report under section 107. 94 APPLICATION TO COURT FOR DECLARATION A person who believes that a government department or Crown agency has violated section 92 may apply to a judge of the Court of King's Bench for a declaration that the section has been violated. Upon hearing an application, the court may (a) declare or refuse to declare that section 92 has been violated, and (b) award costs for or against any party to the hearing. The court's decision is final and may not be appealed. PART 14: COMPLIANCE AND ENFORCEMENT Contents 95 Inspections and audits by CEO 96 Advisory opinions 97 Investigations 98 Conduct of prosecutions 99 Offences 100 Penalties 101 Prosecution of offences 102 Injunctions 103 Compliance agreements 104 Effect of compliance agreements Overview The CEO may carry out inspections and audits to make sure that registered parties, candidates, constituency associations, leadership contestants and third parties comply with this Act. If a registered party, candidate, constituency association or leadership contestant wishes to know in advance whether an act or omission contravenes this Act, they can ask the CEO for an advisory opinion. As long as they give the CEO all the relevant facts, they can rely on that opinion. Offences and penalties are established for contraventions of this Act. The commissioner appointed under The Elections Act is responsible for investigating and prosecuting alleged contraventions of this Act. The commissioner may begin a prosecution when he or she is of the opinion that an offence has been committed and that prosecution in the public interest. But in appropriate circumstances, the commissioner may issue a caution or enter into a compliance agreement with a person or organization. The commissioner may seek a court injunction to stop someone from acting in a way that undermines the fairness of the electoral process. 95 INSPECTIONS AND AUDITS BY CEO (1) — CEO may inspect and audit For the purpose of ensuring compliance with this Act, the CEO or his or her representative may inspect or conduct an audit of the records of a registered party, a candidate, a constituency association, a leadership contestant or a third party that relate or may relate to material required to be filed with the CEO under this Act. (2) — Inspection and audit powers In carrying out an inspection or audit, the CEO or representative may, at any reasonable time, (a) enter any place that he or she believes on reasonable grounds may contain any records of the person or organization referred to in subsection (1), and (b) inspect and make copies of those records. (3) — Assistance must be given Any person found in a place referred to in subsection (2) must (a) produce and permit copies or extracts to be made of all records required by the CEO or representative, and (b) provide all information that the CEO or representative reasonably requires. (4) — Inspection warrant On application by the CEO or representative, a justice may issue a warrant authorizing the CEO or representative and any other person named in the warrant to enter and inspect any place, if the justice is satisfied there are reasonable grounds to believe that (a) entry to the place is necessary to administer or determine compliance with this Act, and (b) entry has been refused or will be refused. 96 ADVISORY OPINIONS ISSUED BY CEO (1) — Who may ask for an advisory opinion? A registered party, a candidate, a constituency association or a leadership contestant may ask the CEO for a written advisory opinion as to whether an act or omission on their part or a proposed act or omission contravenes this Act. A request by a party or constituency association may be made by its financial officer. A request by a candidate or a leadership contestant may be made by the candidate or contestant or by their official agent. (2) — Written opinion The CEO may give a written advisory opinion in response to a request, after making any inquiries he or she considers necessary. If the CEO declines to give an advisory opinion in response to a request, he or she must give written reasons for doing so. (3) — Deemed non-contravention A person or organization to whom an advisory opinion is given is deemed not to contravene this Act in respect of an act or omission if (a) the advisory opinion indicates that the act or omission (or proposed act or omission) does not contravene this Act, and (b) the person or organization disclosed all the material facts to the CEO when asking for the opinion. (4) — CEO may revoke or amend opinion The CEO may revoke or amend an advisory opinion, either on his or her own initiative or on receiving a request to do so from the person or organization who first asked for the opinion. The CEO must notify the person or organization in writing if an advisory opinion is revoked or amended. Once notified, they may no longer rely on the advisory opinion in relation to any later act or omission to which the opinion would have applied. 97 INVESTIGATIONS (1) — Investigations by commissioner The commissioner may, on his or her own initiative or at the request of another person or organization, conduct an investigation into any matter that might be a contravention of this Act. The commissioner may refuse to conduct an investigation if he or she considers a request to be frivolous, vexatious, made in bad faith or unnecessary in the circumstances. (2) — Commissioner may appoint representative The commissioner may appoint a representative to conduct an investigation on his or her behalf. (3) — Information and records The commissioner or representative may require any person or organization that, in his or her opinion, is able to give any information about a matter under investigation, (a) to give the information to the commissioner or representative, and (b) to give any record to the commissioner or representative that in his or her opinion relates to the matter under investigation and that may be in the possession or under the control of that person or organization. (4) — Warrant On application by the commissioner or representative, a justice may issue a warrant authorizing the commissioner or representative, and any other person named in the warrant, to enter a place and search for and seize records or other things in accordance with the warrant. The warrant may be issued if the justice is satisfied, on evidence given on oath or affirmation, that (a) there are reasonable and probable grounds to believe that an offence under this Act has been committed, and (b) the place contains records or other things that will provide evidence about the commission of an offence. (5) — Notice of investigation Before completing an investigation, the commissioner must notify the person or organization being investigated about the nature of the matter under investigation. But notice is not required if the commissioner believes it would compromise or impede the investigation. (6) — Notice of investigation results If, after completing an investigation, the commissioner decides that no further action is to be taken, he or she must notify any person or organization being investigated of that decision. If the investigation was begun at the request of another person or organization, the commissioner must also notify that person or organization of the decision. (7) — Outcome of investigation may be made public The commissioner must make public the outcome of an investigation unless, in the commissioner's opinion, doing so is not in the public interest. The commissioner may include in the information made public the name of the person or organization and the nature of the matter investigated. S.M. 2021, c. 32, s. 3 . 98 CONDUCT OF PROSECUTIONS (1) — Commissioner may prosecute offences The commissioner may begin a prosecution for an offence under this Act if he or she believes on reasonable grounds that an offence has been committed and is of the view that the prosecution is in the public interest. No one other than the commissioner may prosecute an offence under this Act. (2) — Time limit for prosecution The deadline for beginning a prosecution under this Act is one year after the date on which the commissioner has reasonable and probable grounds to believe that an offence has been committed. (3) — Powers of commissioner When prosecuting offences under this Act, the commissioner has all the rights, powers, authority and privileges that the Crown has respecting the prosecution of offences under other Acts of the Legislature. (4) — Commissioner may issue formal caution instead When the commissioner is of the view that prosecution is not required because an alleged offence was inadvertent or of a technical nature, the commissioner may issue a formal caution to the person or organization alleged to have committed the offence. (5) — Caution must be published After issuing a caution, the commissioner must publish a notice that sets out the name of the person or organization cautioned, a summary of the alleged offence and the date the caution was issued. 99 OFFENCES (1) — Offences relating to contributions A person or organization that contravenes any of the following provisions of Part 4 is guilty of an offence: (a) section 33 (only Manitoba residents may contribute), (b) section 34 (contribution limits), (c) subsection 35(3) (contributor to use own money or property), (d) the first paragraph of section 38 (returning contributions). (2) — Offences relating to election expenses and pre-election advertising expenses A registered party that contravenes section 51 (election expense limit) or subsection 58(1) (pre-election advertising limits) is guilty of an offence. A candidate who contravenes section 52 (election expense limit) or subsection 58(2) (pre-election advertising limits) is guilty of an offence. (3) — Offences relating to overspending by officials Every financial officer, official agent or other officer of a registered party or candidate who, while acting on behalf of the party or candidate, is responsible for a contravention of (a) section 51 or 52 (election expense limits), or (b) section 58 (pre-election advertising expense limits), is guilty of an offence. (4) — Offence relating to leadership contest If an individual who is or who intends to become a leadership contestant accepts a contribution or incurs an expense related to the leadership contest before the leadership contest period begins, he or she is guilty of an offence. (5) — Offences relating to failure to provide information A person or organization that, (a) when required to do so by this Act or the regulations, fails to provide information, or to make or file a statement, report, record or other document by the deadline specified in this Act or any extension granted by the CEO, or (b) omits to state a material fact when providing information, or in a statement, report, record or other document required under this Act or the regulations, is guilty of an offence. (6) — Offences relating to tax receipts A person or organization that issues a tax receipt purporting to be for a contribution received by or on behalf of a registered party or candidate is guilty of an offence if the contribution was not made. A person or organization that issues a tax receipt printed with a number that falsely purports to be the registration number that the CEO assigned the person or organization under this Act is guilty of an offence. (7) — Offence relating to failure to provide records A person who fails to comply with a written request to provide a record containing the information required under this Act about a contribution that they accepted, or an expense that they incurred or approved, is guilty of an offence if the contribution or expense is related to (a) a registered party and the request was made by its financial officer, (b) a candidate and the request was made by the candidate or his or her official agent, (c) a leadership contestant and the request was made by the contestant or his or her official agent, or (d) a constituency association and the request was made by its financial officer. (8) — Offences relating to false or misleading information A person or organization that knowingly gives false information in an application, statement, report or record filed with the CEO under this Act is guilty of an offence. A person or organization that knowingly gives false information about a contribution or a purported contribution to a financial officer or other individual who is authorized to accept a contribution, or issue a tax receipt for a contribution, is guilty of an offence. (9) — Offence relating to misuse of information A person or organization that uses all or part of any information disclosed under this Act for commercial or business purposes, or for any other purpose not intended by this Act, is guilty of an offence. (10) — Offences relating to obstruction A person or organization that obstructs a person carrying out an audit, inquiry, investigation or examination under this Act is guilty of an offence. A person or organization that withholds or destroys any written material or thing relevant to an audit, inquiry, investigation or examination under this Act is guilty of an offence. (11) — Offences relating to using force and intimidation A person who, directly or indirectly, uses or threatens to use force or violence, or threatens to inflict injury, damage, harm or loss upon another person, to induce or compel the other person to make or not make a contribution is guilty of an offence. (12) — Other contraventions A person or organization that contravenes a provision of this Act, except section 92, not mentioned in this section is guilty of an offence. S.M. 2017, c. 23, s. 27 . 100 PENALTIES (1) — Penalties for specified offences A person or organization listed in Column 1 of the following table that commits an offence under a provision listed opposite in Column 2 is liable on summary conviction to the fine listed opposite in Column 3. Column 1 Entity Column 2 Provision Column 3 A fine of not more than An organization or corporation s. 99(1) $50,000 An individual $5,000 A registered party s. 99(2) $50,000 A candidate $5,000 A registered party s. 99(5) $50,000 Any other person or organization $5,000 A registered party Any other provision $25,000 Any other person or organization $5,000 (2) — Additional penalty In addition to the penalty under subsection (1), a person or organization that commits an offence under subsection 99(1) (contributions) is liable to a fine of up to twice the value of any prohibited contribution. In addition to the penalty under subsection (1), a registered party or candidate who commits an offence under subsection 99(2) (election expenses) is liable to a fine of up to twice the amount by which the party or candidate exceeded the expense limit in question. (3) — Exception if penalty provided elsewhere in this Act Subsection (1) does not apply to section 91 (third party exceeding spending limits). 101 PROSECUTION OF OFFENCES (1) — Status of organization in prosecution A prosecution for an offence under this Act or the regulations may be brought against an organization in its own name, and the organization is deemed to be a person for the purposes of the prosecution. (2) — Vicarious responsibility If the financial officer or deputy financial officer of a party — or the official agent or deputy official agent of a candidate or leadership contestant — commits an offence under this Act or the regulations, the party, candidate or contestant commits the same offence if the officer or agent (a) acted within the scope of his or her authority to act on behalf of the party, candidate or leadership contestant, or (b) acted with the knowledge and consent of the party, candidate or leadership contestant. 102 INJUNCTIONS (1) — Commissioner may apply for injunction During an election period, the commissioner may apply to the court for an injunction described in subsection (2) if he or she has reasonable grounds to believe that a person or organization has committed or is likely to commit an act or omission that is contrary to this Act. In deciding whether to apply for an injunction, the commissioner must take into account the nature and seriousness of the act or omission, the need to ensure fairness of the electoral process and the public interest. (2) — When injunction may be granted After considering an application, the court may grant an injunction ordering a person or organization to refrain from committing an act that is contrary to this Act, or to do anything required by this Act, or both, if the court is satisfied that (a) there are reasonable grounds to believe that a person or organization has committed or will commit an act or omission that is contrary to this Act, and (b) the nature and seriousness of the act or omission, the need to ensure the fairness of the electoral process, and the public interest justify granting the injunction. (3) — Notice An injunction may be issued only if at least 48 hours' notice is given to each person or organization named in the application, or if the urgency of the situation is such that service of notice would not be in the public interest. (4) — Third parties included In this section, "person" includes a third party as defined in Part 12. 103 COMPLIANCE AGREEMENTS (1) — Entering into compliance agreement To ensure compliance with this Act, the commissioner may enter into a compliance agreement with a person or organization that the commissioner believes on reasonable grounds has committed, or is likely to commit, an act or omission that could be an offence under this Act. (2) — Terms and conditions The agreement may contain any terms and conditions the commissioner considers necessary to ensure compliance with this Act. (3) — Agreement to be published Before entering into the agreement, the commissioner must obtain the person's or organization's consent to publish a notice of the agreement. After entering into the agreement, the commissioner must publish a notice that sets out the name of the person or organization, the act or omission in question and a summary of the agreement. (4) — Admission of responsibility The agreement may include an admission of responsibility by the person or organization for the act or omission in question.
