Investigations conducted under the Election Finances and Contributions Disclosure Act
The Chief Electoral Officer’s findings and decisions in relation to examinations, inquiries and investigations conducted under the Election Finances and Contributions Disclosure Act (the Act), are disclosed in accordance with the Act.
The Act prescribes that the findings and decisions are published to this website in the following circumstances:
- if the Chief Electoral Officer has issued an administrative penalty or a letter of reprimand after determining that a violation of the Act has occurred, or
- if the Chief Electoral Officer has been requested to do so, by the subject of a complaint or a complainant, after determining that no violation of the Act has occurred.
This information will be updated on an ongoing basis as investigations are concluded and contributions are returned.
The following notes are provided, in conjunction with the Chief Electoral Officer’s findings and decisions, to provide additional insight on the legislation and its implementation.
Disclosure is limited, by law, to violations that occurred on or after December 10, 2009. Results of investigations of alleged violations that occurred prior to that date cannot be disclosed, in accordance with the confidentiality provisions of the Election Finances and Contributions Disclosure Act (the Act).
Section references refer to the Election Finances and Contributions Disclosure Act (the Act).
Section 23 of the Act prescribes that if the individual charge for a ticket to a fundraising function is more than $50, the expense portion is $25 and the balance is deemed to be a contribution (effective to December 31, 2012).
Direct contributions occur when a person or prohibited corporation makes a political contribution.
Indirect contributions occur when a person or corporation who has made a political contribution is reimbursed.
Several criteria were considered in the assessment of penalties, including:
- Number of violations
- Due diligence/policies established to ensure compliance
Effective April 22, 2010, the Chief Electoral Officer had statutory authority to order a political entity to return prohibited contributions to the contributor, in accordance with section 51.1 of the Act. Prior to that, the political entity was advised to consider the voluntary return of a prohibited contribution.
An order is made when it is determined that a prohibited corporation made a contribution in violation of the Act. An order does not indicate any finding of statutory violation on the part of the political entity by the Chief Electoral Officer.
This information is updated to reflect contributions that have been returned.