38 (1) The total campaign expenses incurred by a registered party and any person, corporation, trade union, unincorporated association or organization acting on behalf of the party during a campaign period shall not exceed the amount determined by multiplying the applicable amount by, (a)  in relation to a general election, the number of electors in the electoral districts in which there is an official candidate of that party; and (b)  in relation to a by-election in an electoral district, the number of electors in that electoral district.  1998, c. 9, s. 70. Applicable amount (2) For the purposes of subsection (1), the applicable amount is 80 cents, multiplied by the indexation factor determined for the calendar year under section 40.1 and rounded to the nearest cent. 2016, c. 22, s. 47 (1). Limitation of campaign expenses: candidate, constituency association (3) The total campaign expenses incurred by a registered candidate, the constituency association endorsing that candidate and any person, corporation, trade union, unincorporated association or organization acting on behalf of the candidate or constituency association during a campaign period shall not exceed the amount determined by multiplying the applicable amount by the number of electors in the candidate’s electoral district.  1998, c. 9, s. 70. Applicable amount (3.1) For the purposes of subsection (3), the applicable amount is $1.28, multiplied by the indexation factor determined for the calendar year under section 40.1 and rounded to the nearest cent. 2016, c. 22, s. 47 (2). Number of electors (3.2) For the purposes of subsections (1) and (3), the number of electors is the greater of, (a)  the number of electors shown in the list of electors furnished to candidates under clause 19 (3) (c) of the Election Act; and (b)  the number of electors entitled to vote, as determined by the Chief Electoral Officer under the Election Act.  2010, c. 7, s. 45. Increase for candidates in certain northern electoral districts (3.3) The amount determined under subsection (3) shall be increased by the applicable amount in relation to candidates in the following electoral districts: 1.  Algoma-Manitoulin. 2.  Kenora-Rainy River. 3.  Kiiwetinoong. 4.  Mushkegowuk-James Bay. 5.  Nickel Belt. 6.  Thunder Bay-Atikokan. 7.  Thunder Bay-Superior North. 8.  Timiskaming-Cochrane. 2017, c. 18, s. 4 (9). Applicable amount (3.4) For the purpose of subsection (3.3), the applicable amount is $9,310, multiplied by the indexation factor determined for the calendar year under section 40.1 and rounded to the nearest cent. 2016, c. 22, s. 47 (3). Amounts to be made public (3.5) The Chief Electoral Officer shall publish the campaign expense limits for a campaign period, calculated in accordance with this section, promptly after the issuing of a writ for an election. 2016, c. 22, s. 47 (4). (3.6) Repealed:  2005, c. 35, s. 2 (5). Reduction of subsidy (4) Where the total campaign expenses incurred by a registered party and any person, corporation, trade union, unincorporated association or organization acting on behalf of that party exceed the amount determined under subsection (1) or where the total campaign expenses incurred by a registered candidate, the constituency association endorsing that candidate and any person, corporation, trade union, unincorporated association or organization acting on behalf of that candidate exceed the amount determined under subsection (2), the amount of the subsidy, if any, payable to the political party’s chief financial officer under subsection 44 (6) or to the candidate’s chief financial officer under subsection 44 (1), as the case may be, shall be reduced by an amount equal to such excess.  R.S.O. 1990, c. E.7, s. 38 (4). Approval of chief financial officer (5) No constituency association shall incur campaign expenses in an aggregate amount in excess of the amount that has been previously approved in writing by the chief financial officer of the candidate endorsed by that constituency association.  R.S.O. 1990, c. E.7, s. 38 (5). Time for submission of payment claims (6) Every person, corporation or trade union who has any claim for payment in relation to a campaign expense shall submit such claim within three months after polling day to the chief financial officer of the registered party, constituency association or candidate that incurred the campaign expense.  R.S.O. 1990, c. E.7, s. 38 (6). Payment of expenses by chief financial officer (7) Every payment of a campaign expense shall be made by the chief financial officer of the registered party, constituency association or candidate that incurred the campaign expense and, except where the campaign expense is less than $25, such campaign expense shall be vouched for by a statement setting forth the particulars and proof of payment.  R.S.O. 1990, c. E.7, s. 38 (7). Disputed claims (8) Where the chief financial officer of a registered party, constituency association or candidate disputes or refuses to pay any claim for payment in relation to a campaign expense, such claim shall be considered to be a disputed claim and the claimant may bring an action for payment in any court of competent jurisdiction.  R.S.O. 1990, c. E.7, s. 38 (8). Section Amendments with date in force (d/m/y) 1998, c. 9, s. 70 - 01/01/1999 2005, c. 35, s. 2 (5)
- 15/12/2005 2007, c. 7, Sched. 11, s. 3 - 17/05/2007; 2007, c. 15, s. 40 (1)
- 04/06/2007 2010, c. 7, s. 45
- 18/05/2010 2016, c. 22, s. 47 (1-4)
- 01/01/2017 2017, c. 18, s. 4 (9)
- 25/10/2017