POLITICAL CONTRIBUTIONS |
The Office of the Chief Electoral Officer (OCEO) is an independent agency of the
legislature that is responsible for administering election finance statutory provisions.
Rules governing political contributions are set out under Part III of the Elections Act,
1991. Part III applies to registered political parties and candidates in an election.
Information that is required to be filed with the OCEO by the political parties and
candidates is available for public viewing at the OCEO during normal business hours.
The OCEO is also available to handle public inquiries on election financing.
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WHO MAY CONTRIBUTE |
Contributions to registered parties and candidates may be made only by natural persons
individually, or by corporations and trade unions individually.
Contributions may be made by natural persons whether or not they are resident in the
province, corporations whether or not they carry on business in the province or trade unions
whether or not they hold bargaining rights for employees in the province.
Unincorporated groups, such as partnerships, cannot make a contribution in the name of
the unincorporated group or partnership. They must list the name and contribution of each
individual within the group. The unincorporated group or partnership must have an ongoing
reason for existence and cannot be formed simply for the purpose of making a political
contribution.
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SOLICITING FUNDS |
Only a registered party or candidate may solicit, collect or accept contributions.
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LIMITS ON CONTRIBUTIONS |
There are no limitations under the Elections Act, 1991 as to the amount of money that
may be contributed, however, contributions may be made only from the contributor's own
funds.
What this means is that a natural person, corporation or trade union shall not contribute
funds not actually belonging to him or her or it or funds given or furnished to him or her
or it by a natural person or group of persons or by a corporation or trade union for the
purpose of making a contribution trying to remain anonymous.
A registered party or candidate and a person acting on its or his or her behalf shall not
knowingly solicit or accept such a contribution.
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LIST OF CONTRIBUTORS IS A PUBLIC RECORD |
Political parties and candidates are required to submit listings attached to their
financial statements indicating the name and address of the contributor and the
contribution amount for all contributions which either individually or in total
exceed $100.
The filed financial statements and the attached schedules are public records. These records
may be inspected by any person upon request at the Office of the Chief Electoral Officer
during normal working hours.
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FORM OF CONTRIBUTIONS |
Amounts contributed in excess of $100 must be in the form of a cheque with the name of the
contributor legibly printed on it signed by the contributor and drawn on an account in the
contributor's name, or by a money order that identifies the name of the contributor, or in
the case of an individual, by credit card having the name of the individual embossed on it.
Contributions of cash greater than $100 are not acceptable.
Anonymous contributions greater than $100 must be returned to the contributor if the
contributor can be identified. If the contributor cannot be identified, the funds must
be paid to the Chief Electoral Officer who will remit the amount to the Consolidated
Revenue Fund.
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CONTRIBUTIONS OF GOODS OR SERVICES |
If the contributor is in the business of supplying the goods or services contributed, their
value is the lowest amount charged by the contributor for an equivalent amount of the same
goods or services at or about the same time and in the same market area in which the goods
or services are provided.
If the contributor is not in the business of supplying the goods or services contributed,
their value is the lowest amount charged by another person who provides the same goods on
a commercial retail basis or services on a commercial basis at or about the same time in
the market area in which the goods or services are provided.
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A TAX CREDIT IS AVAILABLE |
The Provincial Income Tax Act allows for a credit against Newfoundland and Labrador personal
and corporate income taxes payable for a portion of political contributions.
The tax credit available is calculated as follows:
- 75 per cent of the first $100 of total contributions, and
- 50 per cent of the next $450 of total contributions, and
- 33 1/3 per cent of the next $600 of total contributions
For a maximum available credit of $500.
No tax credit is available for contributions greater than $1,150 and there is no provision
for the carry over of unused credits to future years.
The tax credit is only available for contributions of money. Contributions of goods or
services are not eligible for the provincial income tax credit.
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INQUIRIES |
Additional inquiries relating to political contributions and/or other election finance
issues should be directed to: Mr. Vic Powers, Director of Election
Finance
The Office of the Chief Electoral Officer
39 Hallett Crescent
O'Leary Industrial Park
St. John's, Nfld.
A1B 4C4
Tel: 1-877-729-7987
Fax: (709) 729-0679
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Quidi
Vidi
2003