The Elections Finances Act was amended in 2006. The changes were part of Bill 22, The Electoral Reform Act, which received royal assent on June 13, 2006 and came into effect on December 13, 2006.
Contributions
Contributions are recognized for some commercial sales.
Clarification of who may collect contributions (only individuals normally resident in Manitoba) and how they may be collected.
Clarification that a contribution towards the deficit of a leadership contestant will be part of the annual $3,000 contribution limit.
No one shall use force or intimidation to induce or compel an individual into making or to refrain from making a contribution.
Chief Electoral Officer has specific authority to issue guidelines to assist in determining whether or not an individual is normally resident in Manitoba for the purposes of making contributions.
Loans
No person or organization can make or refinance a loan to a political party, candidate, leadership contestant or constituency association for a term exceeding 24 months and for an amount exceeding $3,000 (does not apply to loans made by financial institutions, political parties or constituency associations).
Loan agreements must be filed with the Chief Electoral Officer immediately and the CEO must make them public – except for loans made with financial institutions or loans of less than $250.
Spending
A minimum or "floor" spending limit for political parties and candidates will be known at the start of an election to assist candidates and political parties plan their campaigns.
Child care expenses are removed from the definition of "election expenses" and an interpretation of "reasonable personal or child care expenses" is added to clarify that only the additional and unique child care expenses incurred by a candidate as a result of an election will be eligible for a 100% reimbursement and only the unique additional personal expenses will be considered as an election expense.
Advertising
Pre-writ advertising by a candidate or a constituency association must be authorized (previously only writ advertising was required to be authorized).
Changes to government advertising provisions specify what advertising is permitted in a general election plus provisions specific to a by-election.
Advisory opinions
Advisory opinions (on whether acts or omissions contravene the law) may be requested by the financial agent of a registered political party, constituency association, candidate or leadership contestant.
Investigations
Investigation and prosecution responsibilities of the Chief Electoral Officer are separated from the assistance and compliance responsibilities similar to the Canadian federal model through the appointment (by the Chief Electoral Officer) of a commissioner having the sole responsibility to conduct investigations.
Financial returns and statements
The filing deadline for the election financial returns of candidates and political parties is now four months after election day.
A candidate's election financial statement, when filed, must be accompanied by copies of receipts or other evidence of the disbursements and expenses set out in the statement and along with the details of outstanding liabilities.
The determination of a candidate's deficit will now be on the basis of a candidate's remaining liabilities (amounts owing) less any reimbursement to the candidate.
A late filing fee will apply for statements filed after the prescribed deadline. The late filing fee would operate on a daily basis. If the return or information is filed by a certain date and the appropriate fee paid then there would be no prosecution.
Where Elections Manitoba sends an initial request to a candidate or a constituency association that a statement or return needs to be filed, a copy of the initial request letter must be provided to the chief financial officer of the candidate or constituency association's registered political party.
An individual having financial information pertinent to a candidate, political party, constituency association or a leadership contestant, upon written request, must provide records of the financial information to the respective financial agent.
Reimbursements
An independent candidate that qualifies for a reimbursement but is not eligible to receive it because the candidate does not have a deficit will now have the reimbursement held in trust if the candidate runs in the next election.
Reimbursements to candidates and political parties may now be paid if the Chief Electoral Officer is of the opinion sufficient information has been provided and additional required information does not affect all or part of the final reimbursement amount to be paid.
Money received by a candidate or a political party as a reimbursement of election expenses must first be used to reduce or eliminate outstanding liabilities.