On the matter of election expenses, the Canada Elections Act is pretty clear. If you incur a cost, including a non-monetary contribution, in which a property or service is used to promote your party and your candidacy during an election period, you've incurred an election expense:
407. (1) An election expense includes any cost incurred, or non-monetary contribution received, by a registered party or a candidate, to the extent that the property or service for which the cost was incurred, or the nonmonetary contribution received, is used to directly promote or oppose a registered party, its leader or a candidate during an election period.
(2) [relates only to nomination and leadership contests]
(3) An election expense referred to in subsection (1) includes a cost incurred for, or a non-monetary contribution in relation to,
(a) the production of advertising or promotional material and its distribution, broadcast or publication in any media or by any other means;
(b) the payment of remuneration and expenses to or on behalf of a person for their services as an official agent, registered agent or in any other capacity;
(c) securing a meeting space or the supply of light refreshments at meetings;
(d) any product or service provided by a government, a Crown corporation or any other public agency; and
(e) the conduct of election surveys or other surveys or research during an election period.(4) In subsection (1), “cost incurred” means an expense that is incurred by a registered party or a candidate, whether it is paid or unpaid.
With that in mind, consider the meeting held at the University of Guelph by the Ontario Young Liberals, held August 8 through 10, well after the by-election for Guelph was announced on July 25. In this by-election, the Liberal Party is being represented by Frank Valeriote, in what many pundits are predicting could be a tight race:
On behalf of the Ontario Young Liberals Executive Board, we wanted to thank all 7th annual OYL Summer Fling participants, the Guelph Young Liberals and both the federal and provincial local riding associations for helping make our annual policy conference a huge success!
As our co-chairs best put it on Saturday night, this year's SF had many notable "firsts". A long list of memorable first time highlights including: grassroots french/english translation of the offical [sic] delegate and policy packages, an intense and highly competitive regional dodge ball tournament, an exclusive live performance by our very own Warren Kinsella and his band "SFH", a rodeo style Saturday night party with a mechanical bull, and a youth candidate reception with federal liberal candidates.
With close to 200 Young Liberals at the University of Guelph, our contingent brought with it positive momentum and energy to the city of Guelph - with not only an active and invigorating policy debate, the Ontario Young Green Shift Launch, an array of guest speakers, a lare [sic] package of donated toiletries to the local women's shelter, good old fashioned young liberal fun - but also with a commitment to help keep the riding of Guelph Liberal RED on by-eletion [sic] day - September 8th.
Great seeing everyone this weekend, and catch you on the by-election trail!
OYL Executive Board
I've highlighted the sections that seem to suggest that the Ontario Young Liberals converted their Summer Fling into a election event for the Liberal candidate in the Guelph by-election, Frank Valeriote.
Is there anything wrong with that? Of course not. But the cost of renting any venue at which Frank Valeriote appeared, and the cost of any venue at which attendees were reminded about the upcoming by-election and told to vote Liberal, and the cost of any food served at those occasions, and the cost of any advertising printed or videos produced for the summer fling that specifically mentions the upcoming by-election, are all election costs incurred by Frank Valeriote and would have to applied against his spending limit.
Or at least I think that's what the Elections Act is saying. But I could be wrong. Maybe there's an exception for events that are not primarily about the election. Or an exception for youth activities. Or an exception for Liberals.
Election law in Canada is riddled with subtleties.
Afterthought: Given their copy is riddled with spelling mistakes, perhaps this particular crop of Young Liberals ought to be spending a bit more time hitting the books.
