jswizzle3737/ontario_laws_and_regs huggingface dataset:
Compliance audit
157. (1) Upon being appointed by the council of a municipality, a school board, a local board or the Commission under section 156, the auditor shall immediately conduct an audit of the election campaign finances of the registered candidate in order to determine whether or not the registered candidate has complied with this Part. Idem (2) A compliance audit under subsection (1) shall include an investigation and audit of, (a) the financial statement, report or statutory declaration filed under section 150; (b) the contribution receipts issued under subsection 142(5); (c) the campaign expenses records under subsection 147(3); (d) the records related to the campaign account registered with the clerk under section 139; and (e) any other books, papers, documents or things relevant to the compliance audit. Report of auditor (3) Upon completion of the compliance audit, the auditor shall prepare a report outlining the apparent contraventions, if any, of this Part by the registered candidate and submit it to, (a) the Commission; (b) the registered candidate; (c) the council of the municipality, the school board or the local board, as the case may be, for which the registered candidate was registered to run for office under section 139; and (d) the clerk of the municipality who registered the registered candidate under section 139. Powers of auditor (4) For the purpose of performing a compliance audit under this Part, the auditor, (a) has the right of access, at all reasonable hours, to all books, papers, documents or things of the registered candidate and of a municipality, school board or local board relevant to the compliance audit; and (b) has the powers of a commission under Part II of the Public Inquiries Act which Part applies to the compliance audit as if it were an inquiry under that Act. Costs (5) The costs of the auditor incurred in performing a compliance audit shall be paid by the municipality, school board or local board, as the case may be, for which the registered candidate who was the subject of the compliance audit was registered to run for office. Frivolous applications (6) Despite subsection (5), if the Commission finds that an application under section 156 is frivolous or vexatious, the Commission may order all or any part of the costs paid by the municipality, school board or local board, as the case may be, to be recovered from the person who made the application and an action may be brought by the municipality, school board or local board to make the recovery. Immunity respecting audit (7) No action or other proceeding for damages shall be instituted against an auditor appointed under section 156 for any act done in good faith in the execution or intended execution of a compliance audit or for any alleged neglect or default in the execution in good faith of the compliance audit. R.S.O. 1990, c.M.53, s.157.
Legal proceeding
158. (1) The council of the municipality, the school board or the local board, as the case may be, shall within thirty days of receiving a report under clause 157(3)(c) consider the findings of the report and may, if it considers it appropriate, initiate legal proceedings against the registered candidate in respect of any contraventions of this Act which the report may reveal. Commission to be notified (2) If the council of the municipality, the school board or the local board, as the case may be, refuses to initiate legal proceedings under subsection (1), or refuses or neglects to make a decision thereon within thirty days of receiving the report, the clerk of the municipality or the secretary of the school board or of the local board, as the case may be, shall immediately notify the Commission in writing by registered mail of that fact. Legal proceedings (3) The Commission, after receiving the notice under subsection (2), shall consider the report and, if it considers it appropriate, initiate legal proceedings against the registered candidate in respect of any contraventions of this Act which the report may reveal. R.S.O. 1990, c.M.53, s.158. Powers of Commission
Application of Election Finances Act
159. (1) Except as otherwise provided in this Part, the provisions of the Election Finances Act, relating to the powers and duties of the Commission apply with necessary modifications to the Commission acting under this Part. Guidelines (2) The Commission shall provide such guidelines for the proper administration of this Part as it considers necessary for the guidance of clerks. Legal proceedings (3) The Commission may initiate legal proceedings against any person in respect of a contravention of this Part. R.S.O. 1990, c.M.53, s.159. Offences
Offence by corporation or trade union
160. (1) A corporation or trade union that contravenes any of sections 139 to 155 is guilty of an offence and on conviction is liable to a fine of not more than $25,000. Offence (2) An individual who contravenes any of sections 139 to 155, except subsection 141(8), is guilty of an offence and on conviction is liable to a fine of not more than $5,000. Additional penalty (3) If the total campaign expenses incurred by a registered candidate or any individual, corporation or trade union acting on behalf of the candidate during the campaign period exceeds the amount determined under section 147 for the office subject to election, the candidate, in addition to the fine set out in subsection (2), is liable to a fine equal to the amount by which the total campaign expenses of the candidate exceeded the amount determined under section 147. R.S.O. 1990, c.M.53, s.160.
One year limitation
161. No prosecution shall be instituted for a contravention of any of sections 139 to 155 more than one year after the facts upon which the prosecution is based first came to the knowledge of the informant. R.S.O. 1990, c.M.53, s.161.
Obstructing investigation, etc.
162. (1) No person shall obstruct a person making an investigation or examination under this Act or withhold or conceal or destroy any books, papers, documents or things relevant to the subject-matter of the investigation or examination. False statements (2) No person shall knowingly make a false statement in any application, return, financial statement or other document filed with the clerk under section 150 or 152. R.S.O. 1990, c.M.53, s.162. PART III
Council may by by-law adopt this Part
164. (1) Despite Part II, the council of a municipality may pass a by-law to have this Part apply to elections for the office of member of council including the head of the council of the municipality. Application of Part (2) If a by-law is passed under subsection (1), this Part applies to the election of members of council. By-laws to be sent to Commission and clerk (3) If the council of a regional municipality passes a by-law under subsection (1), the clerk of the regional municipality shall send a copy of the by-law to the Commission and to the clerk of any area municipality who is responsible for the conduct of any election to the council of the regional municipality. By-laws to be sent to Commission (4) Where the council of a municipality, other than a regional municipality, passes a by-law under subsection (1), the clerk of the municipality shall send a copy of the by-law to the Commission. R.S.O. 1990, c.M.53, s.164.
School board may adopt this Part
165. (1) Despite Part II, where members of a school board are to be elected at elections to be conducted by the same officers and in the same manner as elections of members of the council of a municipality, the school board may pass a resolution to have this Part apply to elections of members of the board. Application of Part (2) If a resolution is passed under subsection (1), this Part applies to elections of members of the board. Resolution of school board to be sent to Commission and clerk (3) Where a school board passes a resolution under subsection (1), the secretary of the board shall send a copy of the resolution to the Commission and to the clerk of the municipality who is responsible for the conduct of the elections of the board. R.S.O. 1990, c.M.53, s.165.
Local board may adopt this Part
166. (1) Despite Part II, where members of a local board are to be elected at elections to be conducted by the same officers and in the same manner as elections of members of the council of a municipality, the local board may pass a resolution to have this Part apply to elections of members of the board. Application of Part (2) If a resolution is passed under subsection (1), this Part applies to elections of the board. Resolution of local board to be sent to Commission and clerk (3) Where a local board passes a resolution under subsection (1), the secretary of the local board shall send a copy of the resolution to the Commission and to the clerk of the municipality who is responsible for the conduct of the elections of the board. R.S.O. 1990, c.M.53, s.166.
When by-laws or resolution to be passed or repealed
167. (1) A by-law under section 164 or a resolution under section 165 or 166 shall be passed prior to the 1st day of January of an election year and, once passed, shall remain in force until repealed by a by-law of the council of the municipality or by a resolution of the school board or the local board, as the case may be, but no such repealing by-law or resolution shall be passed or take effect in an election year. O.M.B. approval not required (2) A by-law or resolution under this Part adopting Part III for the 1991 regular election or any subsequent election does not require the approval of the Ontario Municipal Board. R.S.O. 1990, c.M.53, s.167. Registration
Notification by Commission to clerk
169. (1) After registering a candidate under section 168, the Commission shall notify in writing the clerk of the municipality who is responsible for the conduct of the election and indicate to the clerk, (a) the full name and address of the registered candidate; and (b) the name of the office for which the registered candidate has been, or will be nominated. Clerk to maintain list of candidates (2) The clerk shall maintain a list of all registered candidates and the office for which the registered candidate has been, or will be, nominated. Notification of changes (3) Where the full name and address of a registered candidate is varied by the Commission under subsection 168(8), the Commission shall immediately notify the clerk in writing of the variation, and, upon receipt of the notice, the clerk shall vary the list of registered candidates accordingly. R.S.O. 1990, c.M.53, s.169. Chief Financial Officers
Chief financial officer
170. (1) Every person who is applying for registration under this Part, before filing an application with the clerk, shall appoint a chief financial officer. Replacement (2) If the chief financial officer ceases to hold office, the registered candidate shall immediately appoint another chief financial officer. Duties of chief financial officer (3) The chief financial officer shall be responsible for ensuring that, (a) proper records are kept of all receipts and expenses; (b) one or more campaign accounts at financial institutions registered with the Commission under section 168 are opened exclusively for election finance purposes in the name of the election campaign of the registered candidate; (c) all money contributions are deposited into the accounts described in clause (b) and all payments for campaign expenses are made from the accounts described in clause (b); (d) proper receipts are completed and dealt with in accordance with this Part; (e) the financial statements as required by section 194 together with the auditor’s report on those statements, are filed with the Commission in accordance with this Part; (f) contributions consisting of goods or services are valued and recorded in accordance with this Part; and (g) proper direction is given to persons authorized to incur expenses. R.S.O. 1990, c.M.53, s.170. Contributions
Contributions
171. (1) Contributions may be made only by individuals, corporations and trade unions and shall be made only to persons who are registered under this Part. How contributions of money to be made (2) Money contributions to registered candidates in amounts in excess of $25 shall be made only by, (a) a cheque having the name of the contributor legibly printed or typed on it and drawn on an account in the contributor’s name; (b) a money order signed by the contributor; or (c) in the case of money contributions by an individual, the use of a credit card having the name of the individual contributor imprinted or embossed on it. Deposit of funds (3) All money accepted by or on behalf of a registered candidate shall be paid into an account on record with the Commission. R.S.O. 1990, c.M.53, s.171.
Refund of contributions
172. (1) If the chief financial officer learns that any contribution received by or on behalf of the registered candidate was made or received in contravention of this Part, the chief financial officer shall, within thirty days after so learning and upon obtaining the contributor’s copy of the receipt issued under section 180 in respect of that contribution, return the contribution or an amount equal to the sum contributed. Where change of office (2) If a registered candidate changes the office for which he or she is registered under section 168 to an office other than an office on the same council, school board or local board, as the case may be, the registered candidate or the chief financial officer shall, within thirty days after the change and upon obtaining the contributor’s copy of the receipt issued under section 180 in respect of a contribution made to the registered candidate on or before the date of the change, return the contribution or an amount equal to the sum contributed. Anonymous contributions (3) Any contributions not returned to the contributor in accordance with subsection (1) or (2) or any anonymous contribution received by a registered candidate shall not be used or spent, but shall be paid over to the Commission and become part of the general funds of the Commission to be used by the Commission in carrying out its responsibilities under this or any other Act. R.S.O. 1990, c.M.53, s.172.
Limitation on contributions
173. (1) No individual, corporation or trade union shall, during any campaign period, make contributions in money, goods and services, (a) to any registered candidate which in total exceeds $750 in value; or (b) to any number of registered candidates registered for office on the same council, school board or local board, as the case may be, which in total exceeds $5,000 in value. Registered candidate’s funds, spouse’s funds (2) Any money used for an election campaign by a registered candidate out of the candidate’s own funds or those of the spouse of the registered candidate shall be considered to be a contribution for the purposes of this Part, but the limit on the total amount or value of contributions established under subsection (1) does not apply in respect of those funds. R.S.O. 1990, c.M.53, s.173.
Contributor to contribute only funds belonging to contributors
174. (1) Subject to section 184, no individual, corporation or trade union shall contribute to any registered candidate funds not actually belonging to the individual, corporation or trade union. Exception (2) Subsection (1) does not apply to the personal representative of the estate of a person who has died leaving a will where the deceased person has directed in the will that the personal representative make a contribution to a named registered candidate out of the funds of the estate. Prohibition (3) No registered candidate and no individual, corporation or trade union on behalf of the candidate, shall solicit or accept any contribution contrary to subsection (1). R.S.O. 1990, c.M.53, s.174.
No funds from political parties, etc.
175. No registered candidate shall accept funds from, (a) a federal political party registered under the Canada Elections Act (Canada) or any federal constituency association or candidate at a federal election endorsed by that federal political party; (b) a provincial political party, constituency association, candidate or leadership contestant registered under the Election Finances Act. R.S.O. 1990, c.M.53, s.175.
Determination of value of goods and services
176. (1) The value of goods and services provided as a contribution to a registered candidate is, (a) where the contributor is in the business of supplying these goods and services, the lowest amount charged by the contributor for an equivalent amount of similar goods and services at or about the time and in the same market area; (b) where the contributor is not in the business of supplying these goods or services, the lowest amount charged, at or about the time the goods or services are provided, by any other individual, corporation or trade union providing similar goods or services on a commercial retail basis in the same market area. Where goods or services provided at less than value (2) Where goods or services are provided to a registered candidate for a price that is less than the value of the goods or services as determined under subsection (1), the amount that the price is less than that value shall be a contribution for the purpose of this Part. R.S.O. 1990, c.M.53, s.176.
Political advertisements
177. (1) Where any individual, corporation or trade union, with the knowledge and consent of a registered candidate, promotes the election of the candidate or opposes the election of any other registered candidate by advertising on the facilities of any broadcast undertaking, by publishing an advertisement in a newspaper, magazine or other periodical publication, by printing leaflets, pamphlets or other documents or by the use of any outdoor advertising facility, the cost of the advertisement shall be considered to be a contribution and, if done during the campaign period, a campaign expense of the candidate with whose knowledge and consent the political advertising was done. Idem (2) Despite subsection (1), where political advertising is provided on the facilities of any broadcasting undertaking without charge to registered candidates in a particular municipality or school board or local board jurisdiction in accordance with the Broadcasting Act (Canada) and the regulations made and guidelines issued thereunder, such political broadcasts shall not be considered a contribution or a campaign expense. Identity of sponsor of advertisement to be known (3) No individual, corporation or trade union shall cause any political advertisement to be broadcast on the facilities of any broadcasting undertaking or published in any newspaper, magazine or other periodical publication or through the use of any outdoor advertising facility unless the broadcaster or publisher of the political advertisement is furnished with the identification, in writing, of the individual, corporation or trade union sponsoring the political advertisement. Recordstobe maintained of political advertisement (4) A broadcaster who broadcasts or a publisher who publishes a political advertisement shall maintain records for a period of two years after the date of the broadcast or publication setting out the advertisement, the charge for it and any material relating to identification furnished to the broadcaster or publisher in connection with the advertisement and shall permit the public to inspect these records during normal office hours. Name of sponsor to be included in political advertising (5) All political printed advertising, handbills, placards, posters and broadcast or telecast advertisements shall bear or make reference to the name of the individual, corporation or trade union sponsoring the political advertising. Definitions (6) In this section, “political advertisement” and “political advertising” mean any matter promoting or opposing the election of any registered candidate for which a fee is paid, but does not include news reporting. R.S.O. 1990, c.M.53, s.177.
Definition
178. (1) In this section, “fund-raising function” means events or activities held for the purposes of raising funds for the election campaign of the person by whom or on whose behalf the function is held. When fund-raising function to be held (2) A fund-raising function shall be held only for a person who is registered under this Part. Income to be reported to Commission (3) The gross income from any fund-raising function shall be recorded and reported to the Commission by the chief financial officer of the registered candidate who held the function or on whose behalf the function was held. Charges as contributions (4) Any charge made for a fund-raising function by the sale of tickets or otherwise shall be considered a contribution. Excess payments considered contributions (5) Any amount paid for goods or services offered for sale at a fund-raising function in excess of the highest amount charged, at or about the time the goods or services are provided, by any other person providing similar goods on a commercial basis in the same market area shall be considered a contribution. R.S.O. 1990, c.M.53, s.178.
Collections at meeting
179. (1) Where, at a meeting held on behalf of a registered candidate, money is given in response to a general collection of money solicited, no amount shall be given anonymously by any person in excess of $10. Idem, reporting of amount (2) The amounts given under subsection (1) shall be considered not to be contributions but the gross amount collected shall be recorded and reported to the Commission by the chief financial officer. R.S.O. 1990, c.M.53, s.179.
Receipts to be issued for contributions
180. (1) Every registered candidate shall issue or cause to be issued receipts in the form prescribed by the Commission for every contribution accepted. Form of receipt (2) A receipt prescribed by the Commission under subsection (1) shall provide, on its face, for the acknowledgment of the contribution accepted by or on behalf of the registered candidate and, on its back, for an application to the clerk of the municipality who was responsible for conducting the election for a tax credit that the contributor is eligible to receive under this Part on account of the contribution. R.S.O. 1990, c.M.53, s.180.
Group contributions
181. (1) A contribution to a registered candidate made through an unincorporated association, including a partnership but excluding a trade union, shall be recorded by the association as to the individual sources and the amounts making up the contribution and a list of the individual sources and amounts shall be given to the chief financial officer of the registered candidate. Idem (2) The amounts making up a contribution under subsection (1) that are attributable to any individual, corporation or trade union are contributions of that individual, corporation or trade union. R.S.O. 1990, c.M.53, s.181.
Prohibition
182. No registered candidate and no individual, corporation or trade union on behalf of the candidate shall solicit or accept any contributions in excess of the limits imposed by this Part. R.S.O. 1990, c.M.53, s.182.
Restriction on contributions
183. No registered candidate shall directly or indirectly solicit or accept contributions from, (a) any individual normally resident outside Ontario; (b) any corporation that does not carry on business in Ontario; or (c) a trade union other than a trade union as defined in this Part. R.S.O. 1990, c.M.53, s.183.
Contributions by payroll deduction
184. Contributions of not more than 15 cents per month by any member of a bargaining unit represented by a trade union through payroll deductions shall not be considered contributions from an individual for the purpose of this Part, but any amounts contributed to a registered candidate from these funds shall be considered to be a contribution from the trade union. R.S.O. 1990, c.M.53, s.184.
Contributions not to be accepted by candidate directly
185. No contribution shall be accepted by a registered candidate except through the chief financial officer or other person on record with the Commission as authorized to accept contributions. R.S.O. 1990, c.M.53, s.185.
Record of contributions
186. Every registered candidate shall keep a record of the name and address of each contributor and the amount of each contribution whether in the form of money, goods or services received from each contributor. R.S.O. 1990, c.M.53, s.186. Borrowing
Borrowing
187. (1) A registered candidate may borrow from any bank or other recognized lending institution in Ontario, if the loan and its terms, including the name of any guarantor of a loan, are recorded by the candidate and reported to the Commission. Limitation (2) No registered candidate shall receive a loan from any individual, corporation, trade union or unincorporated association, other than from a bank or other recognized lending institution as set out in subsection (1). R.S.O. 1990, c.M.53, s.187. Loan Guarantee
Guarantee of loans to registered candidates prohibited
188. (1) Subject to subsection (2), no individual, corporation, trade union or unincorporated association shall sign, co-sign or provide collateral security for any loan, monetary obligation or indebtedness for or on behalf of any registered candidate. Exception (2) An individual, corporation or trade union that is eligible to make a contribution under this Part may guarantee any loan referred to in subsection 187(1). Guarantee as contribution (3) A guarantee or a payment made by a guarantor in respect of a loan referred to in subsection 187(1) is considered to be a contribution under section 173. R.S.O. 1990, c.M.53, s.188. Campaign Advertising
Authorized expenses
190. (1) The campaign expenses of a registered candidate shall be incurred only under the direction of the chief financial officer of the candidate by persons authorized by the chief financial officer. Proof of authority (2) Every person authorized to incur a campaign expense by a chief financial officer under subsection (1) shall, upon request, show a certificate, in the form prescribed by the Commission, signed by the chief financial officer as proof of the authority. R.S.O. 1990, c.M.53, s.190.
Limitation on campaign expenses, head of council
191. (1) The total campaign expenses incurred by a registered candidate in an election for the office of head of council of a municipality and any individual, corporation or trade union acting on behalf of that registered candidate during the period commencing with the date of registration and ending on polling day shall not exceed $5,500, plus $0.50 per elector entitled to vote for the head of council. Idem, members of council, etc. (2) Subject to subsection (3), the total campaign expenses incurred by a registered candidate in an election for the office of, (a) member of council, other than head of council, of a municipality; (b) member of council of a regional municipality where this office is required to be filled by the vote of the electors of one or more area municipalities; (c) member of a school board if the members are to be elected at elections conducted by the same officers and in the same manner as elections of members of the council of a municipality; or (d) member of a local board if the members are to be elected at elections conducted by the same officers and in the same manner as elections of members of the council of a municipality, and any individual, corporation or trade union acting on behalf of that candidate during the period commencing with the date of registration and ending on polling day shall not exceed $3,500, plus $0.50 per elector entitled to vote for that office. Campaign expenses, ward system (3) Where the municipality, school board or local board jurisdiction is divided into wards and the election is for an office to represent the electors of one or more of those wards, the number of electors to be used in the calculation of the maximum amount of total campaign expenses that may be incurred by or on behalf of a registered candidate for the office shall be the total number of electors in the ward or wards, as the case may be. Determination of number of electors (4) For the purposes of this section, the number of electors in a municipality or a school board or local board jurisdiction or a ward of the municipality or the school board or local board jurisdiction shall be determined by the clerk on the basis of information obtained from the polling list. Duties of clerk (5) After determining the number of electors under subsection (4), the clerk shall calculate, for each office, the maximum amount of total campaign expenses that may be incurred by or on behalf of a registered candidate for an office under subsection (1) or (2), and certify this amount in the prescribed form and, no later than ten days after nomination day, deliver or cause to be delivered personally or send or cause to be sent by registered mail a copy of the certificate to each registered candidate for the office and to the Commission. Clerk’s certificate conclusive (6) Certification of the maximum amount of total campaign expenses that may be incurred by or on behalf of a registered candidate for the office by the clerk under subsection (5) is conclusive evidence of the fact. R.S.O. 1990, c.M.53, s.191.
Submission of payment claims
192. (1) Every individual who or corporation or trade union which has any claim for payment in relation to a campaign expense shall submit the claim to the chief financial officer of the registered candidate who incurred the expense, (a) in the case of a regular election, no later than the 31st day of March in the year following the election year; or (b) in the case of a new election, no later than 135 days after polling day. Payment of claims (2) Every payment of a campaign expense shall be made by the chief financial officer of the registered candidate who incurred the campaign expense and, except where the campaign expense is less than $25, the chief financial officer shall set out the particulars of payment. Disputed claims (3) Where the chief financial officer of a registered candidate disputes or refuses to pay any claim for payment in relation to a campaign expense, that claim shall be considered to be a disputed claim. R.S.O. 1990, c.M.53, s.192. Auditors
Appointment of auditor
193. (1) Every candidate, at the time of appointing a chief financial officer, shall appoint an auditor licensed under the Public Accountancy Act. Change of auditors (2) If an auditor appointed under subsection (1) ceases to hold office, ceases to be qualified under subsection (1) or becomes ineligible under subsection (3), the candidate shall immediately appoint another auditor licensed under the Public Accountancy Act. Persons not eligible to be auditors (3) No election official and no registered candidate or chief financial officer of a registered candidate shall act as the auditor for the candidate, but nothing in this subsection makes ineligible the partners with whom or the firm with which this person is associated from acting as an auditor for the registered candidate. Report of auditor (4) The auditor shall make a report to the chief financial officer of the registered candidate who appointed the auditor in respect of the financial statements, as required by section 194, and shall make such examination of the financial statements and supporting documentation as is necessary to enable the auditor to report on them in accordance with generally accepted auditing standards. Idem (5) If, (a) the auditor has not received from the chief financial officer all the information and explanation that is required; or (b) proper accounting records have not been kept by the chief financial officer so far as appears from the auditor’s examination, the auditor shall make a statement to that effect in the report made under subsection (4). Right of access (6) An auditor shall have access at all reasonable times to the records, documents, books, accounts and vouchers of the registered candidate. Co-operation required (7) The chief financial officer of the candidate shall provide such information and explanation as is necessary to enable the auditor to make the report under subsection (4). R.S.O. 1990, c.M.53, s.193. Financial Statements
Ineligibility respecting future elections
196. (1) If a registered candidate, (a) fails to file a financial statement and auditor’s report within thirty days of the date of the notice sent under subsection 194(5); (b) files a financial statement and auditor’s report that is either incorrect or does not comply with section 194 and fails to file a correction statement and report within thirty days from the date that the Commission files the statement under subsection 194(5); or (c) incurs campaign expenses in excess of the amount permitted under section 191, the registered candidate, in addition to any other penalty, is ineligible to be elected a member of the council, school board or local board or to hold office as a member thereof or to hold any other office up to and including the next regular election. Forfeiture of office (2) If a registered candidate fails to file the documents referred to in clause (1)(a) or (b) or has exceeded the amount referred to in clause (1)(c), the Commission shall within five days of the default notify in writing the registered candidate and the council, school board or local board, as the case may be, for which the registered candidate was registered to run for office of the default and any office to which the registered candidate was elected shall be deemed vacant and the registered candidate shall forfeit the office. R.S.O. 1990, c.M.53, s.196.
Ineligibility
197. (1) Where the financial statement of a registered candidate who is not declared elected shows a surplus and the chief financial officer of the candidate fails to pay over the surplus to the clerk as required by section 195, the candidate, in addition to any other penalty, is ineligible to be nominated for or elected to any office or to hold any office for a period up to and including the next regular election, unless the candidate or the chief financial officer has paid over the surplus to the clerk. Office declared vacant (2) If the financial statement of a registered candidate shows a surplus and the chief financial officer of the candidate fails to pay over the surplus to the clerk as required under section 195, the Commission shall notify in writing the candidate and the council, school board or local board, as the case may be, for which the candidate was registered to run for office of the default and any office to which the candidate was elected shall be immediately declared vacant. Penalties unaffected by vacancy (3) The declaring of an office vacant does not relieve the candidate from any other penalty that may be imposed under this Act. R.S.O. 1990, c.M.53, s.197. Tax Credit
Inspection of documents
199. (1) Documents filed with the Commission or the clerk of a municipality under this Part are public records and may be inspected by any person upon request at the office of the Commission or of the clerk during normal office hours. Extracts and copies (2) Any person may make extracts from the documents referred to in subsection (1) and is entitled to copies of the documents upon payment for the preparation of the copies at such rate as the Commission may determine or at such rate as the clerk charges for the preparation of copies of other documents. Not to be used for commercial solicitation (3) No individual, corporation or trade union shall use any of the information contained in any document filed with the Commission or the clerk under this Part for the purpose of commercial solicitation. R.S.O. 1990, c.M.53, s.199. Forms
Form
200. All applications, returns, statements and other documents to be filed with the Commission shall be filed in the form prescribed by the Commission. R.S.O. 1990, c.M.53, s.200. Powers and Duties of Commission
Powers and duties of Commission
201. (1) Except as otherwise provided in this Part, the provisions of the Election Finances Act, relating to the powers and duties of the Commission apply with necessary modifications to the Commission in the administration of this Part. Guidelines (2) The Commission shall provide such guidelines for the proper administration of this Part as it considers necessary for the guidance of clerks. R.S.O. 1990, c.M.53, s.201. Offences
Offence, chief financial officer
 202. (1) The chief financial officer of a registered candidate who contravenes section 194 is guilty of an offence and on conviction is liable to a fine of not more than $5,000. Idem, candidate (2) Where any contravention of this Part that is an offence by virtue of subsection (1) is committed by a chief financial officer of a registered candidate, the candidate for which the chief financial officer acts is guilty of an offence and on conviction is liable to a fine of not more than $5,000. R.S.O. 1990, c.M.53, s.202.
Offence, candidate
203. Where the total campaign expenses incurred by a registered candidate and any individual, corporation or trade union acting on behalf of the candidate during the campaign period exceeds the amount determined under section 191 for the office subject to election, the registered candidate is guilty of an offence and on conviction is liable to a fine of not more than $5,000 plus the amount by which the total campaign expenses of the candidate exceeded the amount determined under section 191. R.S.O. 1990, c.M.53, s.203.
Offence, candidate
204. Where the financial statement of a registered candidate shows a surplus and the surplus is not paid over to the clerk as required by section 195, the candidate is guilty of an offence and on conviction is liable to a fine of not more than $5,000 plus the amount of the surplus. R.S.O. 1990, c.M.53, s.204.
Offence, corporations, trade union
205. Every corporation or trade union that contravenes any of sections 168 to 199 is guilty of an offence and on conviction is liable to a fine of not more than $25,000. R.S.O. 1990, c.M.53, s.205.
Offence, individuals
206. Every individual who contravenes any of sections 168 to 199, except subsection 173(1), is guilty of an offence and on conviction is liable to a fine of not more than $5,000. R.S.O. 1990, c.M.53, s.206.
Obstruction prohibited
207. No person shall obstruct a person making an investigation or examination under this Part or withhold, conceal or destroy or alter any books, papers, documents or things relevant to the subject-matter of the investigation or examination. R.S.O. 1990, c.M.53, s.207.
Prohibition, false statements
208. No person shall knowingly make a false statement in any application, return, financial statement or other document filed with the Commission under this Part. R.S.O. 1990, c.M.53, s.208.
Prohibition, false information
209. No person shall knowingly give false information to a chief financial officer or other person authorized to accept contributions. R.S.O. 1990, c.M.53, s.209.
Prosecution of trade unions
210. (1) A prosecution for an offence under this Part may be instituted against a trade union in the name of the trade union and, for the purposes of any prosecution, the trade union shall be deemed to be a person. Trade union liable for acts of agents (2) Any act or thing done or omitted by an officer or agent of a trade union within the scope of the officer’s or agent’s authority on behalf of the trade union shall be deemed to be an act or thing done or omitted by the trade union. R.S.O. 1990, c.M.53, s.210.
Consent of Commission
211. No prosecution shall be instituted under this Part without the consent of the Commission and no prosecution shall be instituted more than one year after the facts upon which the prosecution is based first came to the knowledge of the Commission. R.S.O. 1990, c.M.53, s.211. ______________ Français