BILL NO. 67

(as introduced)

5th Session, 61st General Assembly
Nova Scotia
62 Elizabeth II, 2013



Government Bill



Elections Act
(amended)



The Honourable Ross Landry
Minister responsible for the Elections Act



First Reading: April 30, 2013

(Explanatory Notes)

Second Reading: May 2, 2013

Third Reading: May 6, 2013 (LINK TO BILL AS PASSED)

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Explanatory Notes

Clause 1 expressly authorizes the Chief Electoral Officer to collect personal information relating to persons 16 and 17 years old for inclusion in the Register of Electors.

Clause 2 amends the definition of "election expenses" to include the cost of attending a meeting of the candidate's registered party held outside the candidate's electoral district and expenses related to closing out a campaign office, and to exclude expenses incurred by a candidate with a disability that directly relate to the disability.

Clause 3 prohibits a registered candidate from representing himself or herself to be the endorsed candidate of a registered party

(a) unless the candidate has provided the Chief Electoral Officer with a signed statement from the leader of the party; or

(b) if the registered party has withdrawn its endorsement of the candidate and notified the candidate of that fact.

Clause 4 requires a registered candidate to provide written notification to the Chief Electoral Officer of any change in the registered candidate's status as an endorsed candidate of a registered party.

Clause 5 allows an electoral district association to transfer advertising material to a candidate for use during an election.

Clause 6 deems the cost of literature, objects or materials transferred by an electoral district association to a candidate to be election expenses incurred by the candidate.

Clause 7 provides that, where a payment on a loan becomes a contribution, the payment is deemed to be a contribution on the date the loan was made for the purpose of subsection 236(3A), as enacted by Clause 11.

Clause 8 requires an annual financial report filed by a registered party to include a statement of interest accrued on amounts deposited under subsection 237A(2), as enacted by Clause 12.

Clause 9 requires an annual financial report filed by an electoral district association to include a statement of interest earned on amounts deposited under subsection 237A(2), as enacted by Clause 12.

Clause 10 requires that contributions recorded by an official agent be recorded on a cumulative basis for the purpose of the contribution limit in subsection 236(3A), as enacted by Clause 11.

Clause 11

(a) limits contributions by an individual to an independent candidate to $5,000 per year;

(b) prohibits an organization from purchasing tickets to, or otherwise paying to participate in, a political fundraising event; and

(c) makes the ability of an individual to make political donations by will in accordance with Section 237A, as enacted by Clause 12.

Clause 12 provides that, where an individual's contribution by will to a registered party or electoral district association exceeds the amount that the individual can contribute for that year, the excess contribution must be deposited in an account and held in trust. The party or association can thereafter draw $5,000 annually from the amount deposited, but may not borrow against the deposited amount.

Clause 13 provides that, where the fee paid by an individual for a fundraising event held on behalf of a registered third party minus the value of the benefit received by the individual is more than $50, the amount of the fee paid that exceeds the benefit received is a contribution to the registered third party and is attributable to the individual who paid the fee.

Clause 14 requires an independent candidate to return to an individual donor any contributions in excess of $5,000.

Clause 15 provides that the amendments contained in this Bill apply to the next general election to occur after this Bill becomes law.

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An Act to Amend Chapter 5
of the Acts of 2011,
the Elections Act

Be it enacted by the Governor and Assembly as follows:

1 Chapter 5 of the Acts of 2011, the Elections Act, as amended by Chapter 60 of the Acts of 2011, is further amended by adding immediately after Section 42 the following Section:

2 Clause 166(i) of Chapter 5 is repealed and the following clause substituted:

3 Section 203 of Chapter 5 is amended by adding immediately after subsection (6) the following subsections:

4 Section 205 of Chapter 5 is amended by adding ", or in the registered candidate's status as an endorsed candidate of a registered party" immediately after "registration" in the second and third lines.

5 (1) Subsection 214(4) of Chapter 5 is amended by striking out "An" in the first line and substituting "Subject to subsection (4A), an".

(2) Section 214 of Chapter 5 is further amended by adding immediately after subsection (4) the following subsections:

6 Chapter 5 is further amended by adding immediately after Section 214 the following Section:

7 Subsection 215(7) of Chapter 5 is amended by striking out "subsection 236(3)" in the third line and substituting "subsections 236(3) and (3A)".

8 Subsection 224(1) of Chapter 5 is amended by adding immediately after clause (c) the following clause:

9 Subsection 227(1) of Chapter 5 is amended by adding immediately after clause (c) the following clause:

10 Subsection 235(4) of Chapter 5 is amended by striking out "limit in subsection 236(3)" in the second line and substituting "limits in subsections 236(3) and (3A)".

11 (1) Subsection 236(3) of Chapter 5 is amended by striking out "The" in the first line and substituting "Subject to subsection 237A, the".

(2) Section 236 of Chapter 5 is further amended by adding immediately after subsection (3) the following subsection:

(3) Section 236 of Chapter 5 is further amended by adding immediately after subsection (5) the following subsection:

(4) Subsection 236(11) of Chapter 5 is repealed and the following subsection substituted:

12 Chapter 5 is further amended by adding immediately after Section 237 the following Section:

13 (1) Subsection 246(1) of Chapter 5 is amended by striking out "or candidate" in the third and in the last lines and substituting in each case ", candidate or registered third party".

(2) Subsection 246(2) of Chapter 5 is amended by striking out "or candidate" in the second and in the fifth lines and substituting in each case ", candidate or registered third party".

14 Section 250 of Chapter 5 is amended by adding immediately after subsection (1) the following subsection:

15 Section 354 of the Elections Act does not apply to the amendments contained in this Act.

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