REFERENDUM EXPENSES AND CONTRIBUTIONS
Marginal note:Restriction on contributions
14. No registered referendum committee shall accept contributions from
(a) an individual who is not a Canadian citizen or a permanent resident;
(b) a corporation that does not carry on business in Canada;
(c) a trade union that does not hold bargaining rights for employees in Canada; or
(d) a foreign government or an agent thereof.
Marginal note:Limit on referendum expenses
15. (1) No person or group, other than a registered referendum committee, shall incur referendum expenses during a referendum period that, in the aggregate, exceed five thousand dollars.
(2) No registered referendum committee shall incur referendum expenses during a referendum period that, in the aggregate, exceed the product obtained by multiplying the number referred to in subsection (3) by the number of names appearing on all preliminary lists of electors at the referendum for the electoral districts in which the committee indicated, in its application for registration under section 13, it intends to support or oppose the referendum question.
(3) For the purposes of subsection (2), the number
(a) for the year commencing on April 1, 1992, is 56.4 cents; and
(b) for the year commencing on any subsequent April 1 is the product obtained by multiplying 30 cents by the fraction published pursuant to subsection 39(2) of the Canada Elections Act for that year.
(4) Every registered referendum committee shall keep such record of the referendum expenses and contributions of the committee as the Chief Electoral Officer may prescribe.
Marginal note:Bank accounts
(5) Every registered referendum committee shall, with any of the following financial institutions, keep such accounts and make such deposits therein and payments therefrom as the Chief Electoral Officer may prescribe:
(a) a member of the Canadian Payments Association; and
(b) any local cooperative credit society that is a member of a central cooperative credit society having membership in the Canadian Payments Association.
Marginal note:Payment out of contributions
16. (1) A registered referendum committee that incurs referendum expenses during the referendum period shall pay the expenses out of contributions received by it during or after that period, except that it shall not knowingly pay them out of contributions accepted contrary to subsection (4).
Marginal note:Use of borrowed money
(2) Money provided to a registered referendum committee in the manner and under the conditions described in paragraph (a) of the definition “contribution” in subsection 2(1) may be used to pay referendum expenses incurred by the committee during the referendum period.
Marginal note:Repayment of borrowed money
(3) Before the chief agent of a registered referendum committee files the referendum finances return with the Chief Electoral Officer, the committee shall repay any money provided and used as described in subsection (2) and pay any interest thereon or other charges or costs of obtaining it out of contributions received by the committee during or after the referendum period.
Marginal note:No contributions after return filed
(4) No person shall accept a contribution on behalf of a registered referendum committee after the chief agent of the committee has filed the referendum finances return.
Marginal note:Repayment of contribution
(5) Any person who accepts a contribution contrary to subsection (4) shall return the amount of the contribution to the contributor or, if that is not possible, shall pay that amount to Her Majesty in right of Canada.
(6) Where the aggregate of all contributions received by a registered referendum committee exceeds the aggregate of all referendum expenses and other expenses incurred by the committee before the chief agent of the committee files the referendum finances return with the Chief Electoral Officer, the committee shall return the amount of the excess to the contributors in proportion to their contributions or, to the extent that a return is not possible, shall pay to Her Majesty in right of Canada an amount equal to the amount of the excess that is not returnable.
Marginal note:Debt due to Her Majesty
(7) Any amount not paid as required by subsection (5) or (6) is a debt due to Her Majesty in right of Canada and is recoverable as such in any court of competent jurisdiction.
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