If anyone is interested, the actual Canada law on donations to poltical parties

Bigerik · #1 11-13-2012, 09:18 AM

Bill C-2, the Federal Accountability Act, received royal assent on December 12, 2006. It makes changes to a number of other acts, among them the Canada Elections Act.

This backgrounder summarizes the main changes to the rules for political contributions to the Canada Elections Act.

Who can donate

As of January 1, 2007, only citizens and permanent residents of Canada can make political donations to registered parties, registered electoral district associations, candidates, nomination contestants and leadership contestants.

Corporations, trade unions and unincorporated associations may no longer make political donations to candidates, registered electoral district associations or nomination contestants of registered parties. The existing prohibition on donations from these organizations to registered parties and leadership contestants of registered parties remains. However, an employer can give an employee who wishes to be a nomination contestant or a candidate a paid leave of absence during an election period, and that leave will not be considered a contribution.

Limits on donations

Contribution limits from individuals are now:

no more than $1,100* in any calendar year to each registered political party

no more than $1,100* in total in any calendar year to the various entities of each registered political party (registered associations, nomination contestants and candidates)

no more than $1,100* to each independent candidate for a particular election

no more than $1,100* in total to the leadership contestants in a particular leadership contest

Contributions to own campaign: Nomination contestants, candidates and leadership contestants may make additional contributions from their own funds to their own campaigns. These contributions are not indexed for inflation and do not count against the individual's contribution limit.

A nomination contestant or candidate of a registered party may contribute not more than $1,000 in total from his or her own funds to his or her own campaign; contestants may divide this amount between their nomination and candidate campaigns as they wish.

A candidate in an election, who does not represent a registered party, may contribute not more than $1,000 in total from his or her own funds to his or her own campaign.

A contestant in a particular leadership contest may contribute not more than $1,000 in total from his or her own funds to his or her own campaign.

Cash contributions: No individual may make a cash contribution in an amount that exceeds $20.

Receipts: A receipt must be issued for each contribution received of, or with a commercial value of, $20 or more.
New reporting requirements for gifts to candidates

Candidates may not accept any "gift or other advantage" (see definition below) from the day on which they become candidates for the purposes of these provisions (see definition below) to the day they withdraw or become members of Parliament, or election day, in any other case.

The gifts or advantages to which these provisions apply are those "that might reasonably be seen to have been given to influence [the candidate] in the performance of his or her duties and functions as a member, were the candidate to be elected."

Exception: A candidate may accept a gift or other advantage that is given by a "relative" (see definition below) or as a normal expression of courtesy or protocol.

Reporting requirements: Within four months after election day, candidates must send the Chief Electoral Officer a statement with the name and address of every person or organization from which they received gifts or other advantages worth more than $500 during the candidacy period as defined in the Act. They must also report the nature of each gift, its commercial value and cost, if any, to the candidate, and the circumstances under which it was given. This statement is confidential, but may be examined by the authorities that prosecute offences under the Canada Elections Act.

Definitions

Gift or other advantage means:

an amount of money if there is no obligation to repay it

a service or property, or the use of property or money, that is provided without charge or at less than its commercial value

Contributions by an eligible individual or transfers as defined in section 404.2 of the Act are not considered gifts or other advantages for the purposes of these provisions.

Candidate:

For the purpose of these provisions, a person becomes a candidate on the earlier of:

the day on which he or she is selected at a nomination contest, or

the day on which the writ is issued for the election

Relative:

A relative is a person related to the candidate by marriage, common-law partnership, birth, adoption or affinity.

Common-law partnership:

If two persons have cohabited in a conjugal relationship for at least one year, the relationship is defined as a common-law partnership.
Coming into force: The provisions on gifts come into force on June 12, 2007.

Bigerik · #2 11-13-2012, 09:19 AM

Makes for a world of difference. Can anyone explain to me what freedoms might be lost by this type of legislation in the US?

Bigerik · #3 11-13-2012, 09:23 AM

And an overview of the act from Wikipedia:

The Federal Accountability Act (full title: "An Act providing for conflict of interest rules, restrictions on election financing and measures respecting administrative transparency, oversight and accountability") is a statute introduced as Bill C-2 in the first session of the 39th Canadian Parliament on April 11, 2006, by the President of the Treasury Board, John Baird. The plan aims to reduce the opportunity to exert influence with money by banning corporate, union, and large personal political donations; five-year lobbying ban on former ministers, their aides, and senior public servants; providing protection for whistle blowers; and enhancing the power for the Auditor General to follow the money spent by the government.

Always loopholes to be found, and advocacy groups seem to be one. But overall, I think it works a damn site better.