Shoe #2 drops

The Freedom from Information Commissioner is happy:

Newfoundland and Labrador’s Information and Privacy Commissioner Ed Ring was pleased to see that the first statutory review of the Access to Information and Protection of Privacy Act (ATIPPA) has now been completed, culminating in the release of a report on January 26 by Review Commissioner John Cummings, Q.C.

“I am very pleased by the comprehensive nature of this review,” said Commissioner Ring. “Mr. Cummings was charged with reviewing a complex piece of legislation, and the comments throughout his report as well as the recommendations themselves demonstrate a well-considered and insightful end product.”

Commissioner Ring further indicated that he is pleased that a number of Mr. Cummings recommendations mirror those proposed by the Commissioner’s Office itself. “I am very hopeful that Minister Collins will examine these recommendations with a view to amending the ATIPPA at the earliest opportunity, so that the people of the Province can benefit from a number of the positive changes proposed,” he said.

Coming soon to a rubber-stamp legislature near you.

His Master's Voice

Vaughn Granter is apparently the only horse in the Humber West by-election race who has a voice:

Vaughn Granter has been knocking on a lot of doors since he won the nomination to represent the Progressive Conservatives in the Feb.15 byelection in Humber West.

And what he’s been hearing is that people want a voice in the House of Assembly.

“They want someone from the district on the government side of the house,” said Granter, while taking a quick break from campaigning in the Shamrock Cresent area of the district Saturday afternoon.

Even though his competitors in the by-election are apparently mute, it is hard to imagine what Mr. Granter, the only voicèd on, might do with his voice should he have occasion to use it in the House of Assembly.

After all, had it not been for the presence of Dear Leader, previous PC by-election winners Clayton Forsey, Felix Collins, Keith Hutchings, Tony Cornect, Kevin Pollard, Kevin Parsons, Paul Davis, and Sandy Collins would have had very little to do with their voices.

Without a personality-cult hymnbook to sing from, what would be left for Vaughan Granter's voice to do? Or what's a Keith Hutchings or a Sandy Collins for?

That's better

Here's a foretaste of what ProvGov press releases will start looking like, when the decisions or recommendations of certain Access to Information Co-ordinators, the Information Commissioner, and the Review Commissioner start reaching their natural logical conclusions:

They have email for computers now!

Here's a delicious example of what modern technology allows you to do with government records that aren't unnecessarily encumbered by the technophobic restrictions of the Most Open And Accountable Government Anywhere Ever.

As Cummings Q.C. writes, at page 18:

Electronic records are growing rapidly in volume and will likely exceed paper records inthe near future. Electronic records present new issues for government in terms of access requests. Many officials do not know how to search these records properly.

Indeed! Indeedy!

He continues:

Many emails are included in government records when they are in fact transitory records and should be deleted by employees. More training is necessary in this area so that access requests are answered quickly and completely.

There you have it, Open And Accountable Government: contrary to the unbelievably plain intent of s.10 of the Access to Information Act, you shouldn't have access to government records that happen to be emails. Indeed, government employees should take pains to delete the darn things.

The Review Commissioner has spoken. Nyaah.

The only thing left to see, is whether his unbelievable set of anti-access recommendations get swiftly enacted by a legislature that hardly ever sits, yet has been too busy to pass the whistleblower protection bill promised four years ago.

Freedom from Information: liberation edition

Russell Wayne-Gretzky of the Quebec Daily Newspaper makes a familiar observation:

Perhaps the most telling part of the province’s brand-new review of access to information law is that the document was issued in an electronic format so locked down that it doesn’t even allow sections of the report to be copied.

In other words, you have a right to access in this province, but only on the government’s own particular and specific terms.

For Mr. Wayne-Gretky's benefit — and that of everyone who is not named John R. Cummings, Q.C. — here is an unlocked copy of Mr. Cummings' Review of the Access to Information and Protection of Privacy Act, as launched by Felix Collins, ever-so-concerned about "frivolous" accessing of information, last March, and released, in a locked-down format, well after the close of government business hours on Wednesday evening.

CTRL-C, CTRL-V, baby.

Precedent-setting

The PC Leadership Convention 2011 Rules Committee has issued its ruling on the messy business raised by Mr. Brad Cabana:

The problem with Mr. Cabana's appeal argument is that it is based on a false premise. In general terms he stated that the Constitution of the PC Party does not have a formal definition of a member and that without a clear definition of what constitutes a member, the Party should follow the spirit of the Constitution, remain consistent with its stated purpose, aims and objects and uphold the principles of democracy by equating the eligibility for membership referred to in Article 5(1) with actual membership. Contrary to Mr. Cabana's submission, this Committee finds that the Constitution incorporates a clear definition of what constitutes membership in the Party.

Article 5(1) establishes eligibility for membership by requiring that a potential member be resident or domiciled in the Province and that they “support the principles and aims of the Party”. By satisfying these two stated conditions, one becomes eligible for membership in the Party. However, that does not mean that eligibility can somehow be equated to actual membership. To the contrary, Articles 5(2) and 5(3) go on to state how actual Party membership is established or consummated.

[…]

...[O]nce you are eligible to be a member pursuant to the conditions stated in Article 5(1), if you are a member of any of the aforementioned affiliated associations and groups, then you shall be a member of the PC Party of Newfoundland and Labrador.

[…]

Therefore, contrary to Mr. Cabana's appeal argument, there is a clear definition of how one becomes a member of the PC Party. If you are an individual member of one of the enumerated affiliated associations or groups in Article 6, then providing you are a resident of Newfoundland and Labrador and you support the principles and aims of the Party, you are a member of the Party. Alternatively, if you are a member of the Provincial Executive Council as defined in Article 7, then providing you support the principles and aims of the Party, you are a member of the Party. These definitions of membership are clear.

[Boldface in the original, underlining added.]

“Member” is not defined in the definitions section of the Constitution, or in the Appendix thereto which governs the nomination and election of a new leader when that office becomes vacant from time to time. This means that one has to read the Constitution as a whole, as the PC Leadership Convention 2011 Rules Committee has done, to find out what the word “member” means.

So here's the funny thing: having gone through this exercise, we now know what the m-word means according to the interpretation of the PC Party itself. But the m-word is found in numerous other parts of the Constitution, including Article 12, which governs the selection of the Party's election and by-election candidates. Article 12, Section 3 provides:

6. Eligible voters entitled to vote for a person to be elected as the Party Candidate are those persons who are members of the District Association, ordinarily resident in the Electoral District at the date of the Nominating Meeting and who are not less than eighteen (18) years of age either at the date of the nominating meeting or at the date of the election, if the date of the election has been set.

In order to vote in a PC Party nomination meeting, you must be a member of the Party, as defined by the Constitution, and as helpfully clarified by the Rules Committee. You gotta jump through the hoops, not just walk in off the street.

But as John Babb and others have constantly bragged, throughout the Danny-Dunderdale era, the Party is an “open” party, in which anyone — not just members — can vote in a nomination.

Which means, if the Rules Committee's ruling on Cabana is correct, then every contested PC nomination during the Danny-Dunderdale era has been conducted improperly, contrary to the PC Party's own constitution.

Every. Single. One.

Joan Burke, Dave Denine, Kathy Dunderdale, Clyde Jackman, Charlene Johnson, Tom Marshall, Bob Ridgeley and Shawn Skinner all won contested “open” nominations during the 2003 general election run-up. (Darin King did as well, but went on to lose the election; his 2007 nomination was uncontested.)

Ed Buckingham, Steve Kent, Terry Loder, Calvin Peach, Tracey Perry, Susan Sullivan, Wade Verge, and Wally Young all won contested “open” nominations in the 2007 campaign.

Jim Baker, David Brazil, Felix Collins, Sandy Collins, Tony Cornect, Derrick Dalley, Paul Davis, John Dinn, Clayton Forsey, Terry French, Keith Hutchings, Darryl Kelly, Kevin Parsons and Kevin Pollard all won contested “open” nominations to be PC by-election candidates from 2002 to 2010.

Only Tom Hedderson, Roger Fitzgerald, Ray Hunter, and the Osborg (by virtue of being the sole survivors from the B.D. (Before Dan) era); and Harry Harding, John Hickey, Jerome Kennedy, Kevin O'Brien, Patty Pottle and Ross Wiseman (by virtue of being acclaimed) would appear to have never won a contested “open” PC Party nomination.

Every one of their colleagues — every single one — became a PC party candidate in a voting procedure that the PC Party Rules Committee, in the matter of Re Cabana, has by necessary implication now ruled internally unconstitutional.

Oh yes — as also did Mr. Vaughn Granter last week in Humber West.

If Brad Cabana is wrong, and the Rules Committee is right, then thirty-one Tory MHAs, a majority of Members of the House of Assembly currently sitting — and more than half the cabinet, including the Premier herself — got there by way of a process that their own party now regards as unconstitutional.

We have nothing to fear but the immediate consequences

Another blast from the past:

Health plan delayed due to by-election

ST. JOHN'S, July 16, 2002 — Ross Wiseman, the Opposition critic for Health Policy and Planning, said the Minister of Health and Community Services was supposed to hold a news conference in the first week of July to announce a new health plan – but the announcement, first delayed because of the Voisey's Bay debate, has now been delayed by the by-election.

The Minister had initially indicated that the plan would be announced in the middle of June but then stated publicly that it was pre-empted by the Voisey's Bay debate. He later rescheduled the announcement for the first week of July, but then canceled it due to the by-election.

Wiseman said, "The Grimes government doesn't want bad news announced during the by-election, so it is holding off on releasing its plans for the health system until after the by-election is over. The Minister and the Premier know that the political fallout could be profound once the public figures out what the government has in mind for our health system."

"We've been calling on the Minister for several months to release a comprehensive health plan for the province, but all we are getting is one excuse after another," he said.

"The government is compromising the health care of Newfoundlanders and Labradorians by delaying an announcement out of fear of the immediate political consequences," said Wiseman. "The government is more interested in pretending it's doing a good job than in acknowledging the crisis that has gripped our health system and is threatening the health care of our people."

"If the government were truly interested in protecting the future of our health system, it would not have delayed this critical announcement throughout the Voisey's Bay debate and the by-election," he said.

"The health system needs action now to address the crisis that is putting patient care in jeopardy. Every week that goes by without a health plan is another week of lost opportunities and a week mired deeper in crisis. In the meantime, while the government has let the health crisis fester without giving it the priority it warrants, health care professionals have been making decisions about their future and many areas are in jeopardy of losing the doctors and nurses they need to provide an adequate level of health services," he said.

"The government has to stop playing politics with the health system. Clearly, they are more interested in their own political futures and political well-being than with the future of the health system and the well-being of the people who rely on it," he said.

Tweet of the WEEK?

Tweet of the Month, surely, and an early contender for the annual prize. Via BondPapers:

A political party is not a democratic institution.

Freeom from Information: going "meta" edition (II)

John R. Cummings pays a lot of lip service to words like "transparency" and "accountability", and even lights up the ongoing issue of access to electronic documents, while at the same time buying into the Williams Provincial Government's deliberately luddite policy of making electronic records as utterly useless as possible.

Without any further discussion of this important point to shed light on his secret reasoning, Mr. Cummings says:

It is recommended that public bodies should provide information to applicants in electronic form when requested, provided it is reasonable to do so and security measures have been taken to ensure the integrity of the document will remain.

This is Williams Provincial Government code for copy protection or non-textual scanning of records to make sure that the information contained therein cannot easily be copied, shared with others, or analyzed.

The perverse result of this, of course, is that by forcing users of government publications to manually transcribe data which could have been provided in useful electronic formats, but deliberately was not, the "integrity" of the document stands a much greater change of being grossly violated by simple human transcription errors.

Exhibit A: the Review of the Access to Information and Protection of Privacy Act, John R. Cummings, Q.C., Review Commissioner, dated January 2011... which you are not permitted to copy:

Freedom from Information: Going "meta" edition

Review of the Access to Information and Protection of Privacy Act Completed, Government proudly announces.

At a quarter to six.

Twitchy

2005: Auditor General releases Report to the House of Assembly on Reviews of Departments and Crown Agencies for the Year Ended 31 March 2004. Government yawns.

2006: Auditor General releases Report to the House of Assembly on Reviews of Departments and Crown Agencies for the Year Ended 31 March 2005. Government re-affirms commitment to accountability in response to Auditor General's Report

2007: Auditor General releases Report to the House of Assembly on Reviews of Departments and Crown Agencies for the Year Ended 31 March 2006. Government Will Closely Review Auditor General Recommendations

2008: Auditor General releases Report to the House of Assembly on Reviews of Departments and Crown Agencies for the Year Ended 31 March 2007. Finance Minister Responds to Auditor General Report

2009: Auditor General Releases Report on Audit of Financial Statements of the Province for the Year Ended 31 March 2008.

Crickets.

2010: Auditor General Releases his Annual Report to the House of Assembly for the Year Ended 31 March 2009. Provincial Government Steadfast in Its Focus on Responsible and Prudent Management. Steadfast!

2011: Auditor General Releases his Annual Report to the House of Assembly for the Year Ended 31 March 2010. Government Remains Focused on Effective Management of Public Resources. That's a relief.

A body might be inclined to think that the Williams Dunderdale Provincial Government is worried about its reputation for fiscal management or something.

Freedom from Information: International edition

Yet another long-standing saga of openness, accountability, and legal and fiscal responsibility from the Most Open, Accountable, and Responsible Government in the History of the Universe.

CBC Corner Brook's West Coast Morning picks up the story. Audio link (mp3) here.

Don Mills (II)

VOCM gave another account of Don Mills' talk on Thursday:

The President and CEO of Corporate Research Associates, Don Mills, told delegates this province was the only place in North America that weathered the economic recession unscathed and reported that the consumer confidence of Newfoundlanders and Labradorians remains high.

Unscathed?

In fact, as measured by the employment figures, the Newfoundland and Labrador labour force was the canary in the economic coal mine. The jobs market soured the earliest, declined at the steepest rate, and hit the deepest lows, as compared to the other provinces and to the comparative figure for all provinces combined.

This graph shows the change in employment in each province, and for the sum of all provinces, indexed against the figure for January 2008, the start of the year in which the recession began. (Data for any given month is the twelve-month trailing average.)

[Data source: Statistics Canada table 282-0007]

Yes, the provincial employment picture turned around, and dramatically, in 2010, but it was only after a great deal of economic pain. Scathe, you might call it, pace Don Mills.

The hit to the labour market was cleverly masked by a mixture of Officially Optimistic HappyTalk and an anemic political and economic press that is centred in the Navel of the Universe and covers political and economic issues all across the province from Pouch Cove to Foxtrap. You want unscathed? Try the two easternmost Prairie provinces where there was in effect no jobs recession at all.

At least up to the middle part of 2010, jobs growth in the province was driven by growth in public-sector jobs — not private-sector hires, not self-employment. Furthermore, overall employment data shows that full-time work is still lagging. Part-time employment regained January 2008 levels in April of 2010; full-time employment did not do so until August.

Part-time employment at the end of 2010 was 5% higher than it was at the start of 2008; full-time employment was up just 2% over the same time period.

Don Mills (I)

Don Mills is puzzled:

“The good news is that the numbers have been coming down, generally speaking, going in the right direction,” said Mills. “The bad news is that this does not make sense to me. How can you be a have province with a 13 and a half per cent unemployment rate? How is that possible? There’s a disconnect here.”

Why, yes, there is a disconnect, Don.

"Have province" means a province which does not receive equalization, its own-source revenue, per-capita, being above the threshold for receiving equalization.

In any province, this status is only very remotely connected to employment levels. And in a province such as the one where the puzzled Don Mills was speaking, where two industries account for a huge chunk of the provincial own-source revenue, but a very small chunk of the labour force, that connection is even remoter still.

So there you go.

Good Minister, Bad Minister

Municipal Affairs Minister Kevin O'Brien, as reported by The Telegram on Monday:

Speaking to The Telegram, O’Brien gave some indication that withholding the operating grants is only an idle threat.

“We hope they get the work done, but we also do recognize the challenges of moving from one base system to another base system,” he said. “We set a deadline, but every deadline is not a hard, drop-down deadline.”

Municipal Affairs Minister Kevin O'Brien, as reported by VOCM on Tuesday:

I'm just givin' them [i.e., municipalities] a heads-up that April is coming, they're all expecting their [Municipal Operating Grants] to come forward, but I'm tell them [sic] that they have to be compliant prior and submit their audited statements prior to those M-O-G's being released.

It's funny because it's the same Minister.

The party is open

Good ol' John Babb opened up The Party's nomination in Humber West today at noon, and will close it on Monday at noon, thereby generously giving one business afternoon and one business morning for contenders to get their paperwork in.

Four of the past five PC nominations, this one included, have opened on Friday to close on Monday.

None of the by-election nominations since the last general election has been longer than two business days or three calendar ones.

Good ol' John Babb also helpfully tells you that, in the very likely event of a contested nomination, "Voters are reminded to have two pieces of I.D., one of which must include a street address and picture."

"Voters". Not "PC Party members". After all, there is no such a thing, except when there is.

Welcome to Dunderstan

Thanks to the utterly idiotic law brought in by Great Lawyer, the good residents of Humber West can now vote in a by-election that hasn't even been called yet.

Size matters

Way back when, there was a guy, who was leader of some party or another, who was very concerned about the size of the provincial government, including the size of the cabinet.

Indeed, when the other guy somehow ended up with an eighteen-member cabinet, plus the other guy himself, the guy had some things to say about that. Like this press release:

Cabinet shuffle a desperate attempt at damage control

ST. JOHN'S, February 17, 2003 — Danny Williams, Leader of the Opposition and MHA for Humber West, is calling today's cabinet shuffle an act of damage control by Premier Roger Grimes.

"Roger Grimes was clearly embarrassed by Friday's unexpected resignation of four senior cabinet ministers. Today's shuffle was nothing more than a desperate attempt to offset the political damage caused by those resignations," Williams said.

Williams sees the fact that the Premier broke his longstanding promise to reduce the size of his cabinet as further evidence of continued turmoil within the Liberal party. "This government has now lost nine senior ministers over the last two years: Brian Tobin, Beaton Tulk, Paul Dicks, Chuck Furey, John Efford, Lloyd Matthews, Sandra Kelly, Ernie McLean and Kevin Aylward. That's a significant amount of experience that has not been replaced in the Liberal caucus. These nine resignations provided Roger with ample opportunity to reduce his cabinet but he has been unable to do so because of internal problems. Numerous members threatened to resign or not run again if they weren't appointed to cabinet. The Premier had no choice but to hold cabinet positions as political plums for his entire caucus.

Or like these gems from Question Period a few weeks later:

MR. WILLIAMS: Yesterday, we all listened with great interest as the government announced a number of proposals concerning electoral reform; proposals, Mr. Speaker, that bore a striking resemblance to policies announced by our party in early February.

Mr. Speaker, two years ago, the Premier stood in this House and promised to implement all the policies brought forward by our party. It was a commitment he made and it was a commitment he kept.

SOME HON. MEMBERS: Hear, hear!

MR. WILLIAMS: Mr. Speaker, the Throne Speech reduced the size of Cabinet to no more than one-third of the number of electoral districts, which would allow for sixteen Cabinet ministers including the Premier; yet, a brief glance at members opposite shows eighteen Cabinet ministers plus the Premier. In fact, almost every member opposite who plans to run again, currently has a Cabinet portfolio.

My question for the Premier is: If he is sincere about reducing the size of his Cabinet, why didn’t he take the opportunity to lead by example and implement that principle when he recently shuffled his Cabinet? Shouldn’t the Premier practice what he preaches?

…

MR. WILLIAMS: Mr. Speaker, one of the first promises that the Premier made was to have a smaller Cabinet. Yet, he did not deliver on that promise, despite having the opportunity to do so on several occasions. His Cabinet has actually grown to the point that it is now the largest Cabinet in Atlantic Canada.

Mr. Speaker, would the Premier acknowledge to the people of Newfoundland and Labrador that he did not take the opportunity to lead by example because he is more concerned about shoring up his chance of re-election than he is about conducting the business of this Province in an efficient and a proper manner.

This cleverly colour-coded graph shows the total size of the cabinet, including the Premier, at each change in cabinet composition in the internet era.

Two striking things should jump out at you.

One, that over the seven Williams-Dunderdale years, there have been roughly twice as many changes in cabinet through shuffles, resignations, and additions as there were during the seven Tobin-Grimes years.

Two, that the Blue Team’s cabinet is larger than the 2003 Red Team cabinet whose size was complained about. It has been larger, or as large, as the late-era Grimes cabinet, for most of the duration of the current legislature.

And take a wild guess as to which Atlantic Province now has the largest provincial cabinet. Go ahead. First three don't count.

Maybe it's because of all the turmoil?

Lots more historical humour to be found by following this link.

Dundergov strikes resource deal with Quebec?

Radio-Canada Côte-Nord gets another LabraScoop:

Terre-Neuve s'entend avec les Innus du Québec sur un modèle de gestion pour la chasse au caribou, ce qui garantirait aux Autochtones le droit de chasser au Labrador. Il s'agit d'un pas important pour la reconnaissance de leurs droits territoriaux.

Le gouvernement terre-neuvien souhaite mettre sur pied une table de gestion des troupeaux de caribous dans laquelle seraient impliqués les Innus.

Another obvious question

What fifty Illuminati signed Danny Williams' nomination papers in 2001/02?

Ferrity

A bit of unintended visual humour Tuesday courtesy VOCM's webmistress:

The story is about the intra-provincial ferry fleet of government-owned vessels.

The picture shows the MV Apollo, owned by Labrador Marine Inc., operated under contract to the provincial government on the Strait of Belle Isle run between St. Barbe and Blanc Sablon.

While that self-same provincial government toots its own horn, yet again, about the latest milestone in the 328-year process to replace 163-year-old ships, it has asked the federal government for autonomoney to subsidize the construction of new ships — plural — to replace the bright blue hull pictured in the VOCM news story.

Just so we're clear

Not Principal Skinner outlines what passes for membership rules in his party:

"We tried to be as flexible as we could and as open as we could, and the names that Mr. Cabana brought forward to us are not being people that have been engaged in our party or engaged in any of the activities of our party," Skinner told reporters.

One can only hope that one of those reporters asked why those very same people — those who have not been engaged in the party nor engaged in any of the activities of the party — are entitled to nominate PC candidates, but not PC leaders.

And perhaps Not Principal Skinner can outline where in his own party's shoddy constitution the requirement is to be found that links party "membership" to engagement.

Order of operations

A comment on the CBC report on the PC Star Chamber's decision today:

S.Penney wrote:
Posted 2011/01/11at 3:49 PM ET

Good. Let him run as an MHA first. I sense some political opportunism here. Perhaps he thought Dunderdale would cave, and he could ride Danny's coattails. Now he'll have to work for it. If he bails completely, we'll know it was opportunism. But, if he runs as MHA, he may be legit.

(Mkay. So running on Danny's coat-tails is a bad thing now?)

However, for the record, and for S. Penney's benefit:

The former leader of the PC Party, one Danny Williams, launched his campaign for the leadership of that party on December 5, 2000.

He was acclaimed as its leader on April 7, 2001.

Then he was elected to the House of Assembly, for the first time ever, in the Humber West by-election on June 19, 2001.

In other words, at the time he ran for leader of the PC Party, he was in pretty much the same position, insofar as the Penney Principle goes, as one Brad Cabana.

Whose boy is you?

The reaction to the decision of Brad Cabana to enter the PC leadership race has been lamentably predictable.

“He’s not even one of the Newfoundland Cabanas.”

To wit, some comments from CBC’s coverage:

Spudss wrote:
Posted 2011/01/10 at 1:01 PM ET
What in God's name is a Brad Cabana from Ramia ? We have had our share of nut-bars from the mainland mudelling in our politics...now, because of this clown, the province has to stagger around without leadership until this convention is over...what a bloody nusence this guy is!!!!

BigHeddy wrote:
Posted 2011/01/10 at 4:55 PM ET
This gent isnt even a Newfoundlander,its clear that the PC members want miss Dunderdale to leed them into 2011,Take them to court will you Mr.Cabana.How much respect or support do you think you will gain by doing such a foolish thing.Its like a schoolyard bully,Let me play with you ,or i'll beat you up.

From comments on VOCM’s coverage:

Wasting his time Said:
Awww, how sweet. Not only does he love Danny, he wants to be him. What part of NL did the Cabana's settle in anyway? Never heard of that name, could he be a mainlander?

Darrell Said:
Another CFA looking to take a hi paying position away from a true Newfoundlander we already had one at Eastern Health

PB Said:
He is not even a NATIVE Newfoundlander... Good luck with your political aspirations,,,in ALBERTA....

From comments on VOCM’s Question of the Day on Tuesday:

Central Said:
if it was a newfoundlander yes but not someone from another province, its no difference he won,t get a look in

Townie Said:
This guy is a joke and he isn't from NL. The big joke of 2011

Gord Said:
The guy from Saskatchewan don't stand a chance

Paul Said:
Why this Brad Cabana from Saskatchewan, and who the heck is he?

Lou Lou Said:
I am all for a competition, however, as soon as I heard Mr. Cabana speak I was sure he wouldn't get my vote.
-He appears to be oblivious to process
-He is a Mainlander

NFONE Said:
He's a no body go back to the mainland

And from comments on the Telegram’s web coverage:

HARVEY - January 10th, 2011 at 11:20:39
Mr. Cabana...a mainlander becoming the first Newfie joke of the year!!!

mary - January 11th, 2011 at 08:31:55
This guy was the mayor of a community of 96 people, this is not exactly experience He is a self proclaimed political scientist - in other words, he says he is one. He has lived in NL for less than 2 years and he claims to have roots here some 200 years back. Methinks that this is a CFA who thinks NLers are suckers and/or needs a CFA to help them.

And:

is this a joke - January 11th, 2011 at 10:50:21
This must be a joke, go back to Saskatchewan.

Looking across Canada — you are allowed to do that — Premier Greg Selinger of Manitoba is originally from, um, Saskatchewan. Yukon Premier Denis Fentie is from Alberta. David Alward, champion of New Brunswick and Newfoundland Tories alike, at least for now, was born in Massachusetts.

Historically, ten of the pre-Confederation Prime Ministers of Newfoundland weren’t “native”. The first, Philip Francis Little, was born in PEI. Kent, Monroe, and Alderdice were from Ireland; Charles Fox Bennett, the great anti-Confederate nationalist hero, was English, as were Whiteway, Goodridge, and Lloyd. Thorburn was Scottish, as was the father of representative government, William Carson.

Historically, Irish Newfoundlanders named John Cannon and William Power were both active in 19th-century politics in Lower Canada, now Quebec, and were among the founding generations of prominent political families there. (John Cannon, yes, is one of those Cannons.)

At the federal level, Carbonear native William Duff was elected MP in Nova Scotia; Harbour Grace’s Sir Thomas Roddick in Quebec; St. Georges’ John Albert Messervy in PEI; and Saul Bonnell in B.C.

More recently, Gull Island (Newfoundland) native Louise Feltham was a one-term PC MP from Alberta, Placentia native Harry Verran was a one-term Liberal MP from Nova Scotia, and current Conservative MP Rob Moore from New Brunswick was born in Gander.

Not only does New Brunswick has a Premier who was born south of the border and an MP from Newfoundland, its governing caucus has a multiple-term MLA and cabinet minister, Margaret-Ann Blaney, who comes from… Corner Brook. The one in Newfoundland.

Another recovering Corner Brookster, Derek Wells, served as a Nova Scotia MP and is still active in provincial and federal Liberal politics in that province.

A bookish man from Grand Bank became Senator Eugene Forsey of Ontario.

A Townie named Jim Armour is vice-chair of the North Grenville Public Library Board in eastern Ontario, for crying out loud, among his better-known partisan political backroom activity.

And out on the left coast, an expat Newfoundlander of some prominence, who now lives in the beautiful mid-Island, is now actively helping to organize a revival of the long-defunct Conservative Party of British Columbia.

There may (or may not) be some technical reason, internal to the PC Party of Newfoundland and its shoddy constitution, why Brad Cabana shouldn’t be allowed to run for his party’s leadership.

There may or may not be some reason why Brad Cabana should not meet with the approval of either eligible PC Party voters or the general electorate.

His birth certificate is not one of those reasons.

Statutory interpretation 101

The "Fixed Election (Date)" provision of the House of Assembly Act, as amended, with much ballyhally, by Danny Williams-Government during His first term, provides as follows:

Duration of House of Assembly

3. (1) Notwithstanding subsection (2), the Lieutenant-Governor may, by proclamation in Her Majesty’s name, prorogue or dissolve the House of Assembly when the Lieutenant-Governor sees fit.

(2) A polling day at a general election shall be held on the second Tuesday in October, 2007 and afterward on the second Tuesday in October in the fourth calendar year following the polling day at the most recently held general election.

The words "notwithstanding" and "dissolve", like the rest of subsection 3(1), are important and mean stuff.

The ability to read legislation is a good thing for veteran political observers to have. So, no, there is in fact no need for the so-called "fixed election date" legislation to be changed, in the highly unlikely event a Premier ever wanted to call a snap election for some reason, because the legislation does not, in fact, fix the election date.

Sic transit gloria Boylei

The party inspired by Gerry Boyle will soon be no more.

Straight to the source

CBC reports today:

Political sources told CBC News Monday that many of the 73 names on Cabana's papers fail to meet the definition of a PC party member, as outlined in the party's own constitution. An eligible signature would need to come from a current or past member of a district executive, the provincial executive or a current or former member of the house of assembly.

Here again, for the record, and for the benefit of both CBC and its sources, is what The Party’s The Constitution says, which is not the same thing as what “political sources” say that it says.

Appendix A, Part II, 1.C.:

The candidate must file with the Chief Electoral Officer a nomination form containing the signatures of fifty individuals who are members of the Party on or before the date of close of nomination established by the Convention Committee.

The term “members”, as in “members of the Party”, is not defined in the definitions section of either the Appendix, or of the Constitution itself. However, there is absolutely nothing in that document which restricts the class of “members” who are entitled to be among the fifty to nominate a leadership candidate to the subset of people who are a “current or past member of a district executive, the provincial executive or a current or former member of the house of assembly”.

There are provisions of the Constitution which provide that current and former MHAs are members of The Party’s Executive Council, or that current and former MHAs, members of The Party’s Executive Council, or certain members of district executives, are ex-officio delegates to a leadership convention.

But those provisions are not those which govern the nomination of leadership candidates itself.

No, the nomination of leadership candidates is done by fifty “individuals who are members of the Party on or before the date of close of nomination”. If the Constitution had wanted to restrict nominating power to a small sub-set of PC Party members, it would have said so. Expressio unius exclusio alterius and all that.

And as party nomination contestants and John Babb have reminded us, ad nauseam, during candidate nominations in recent years… The Party has open membership, which makes it rather a tricky business determining who is a member at all, let alone who is a member on any given date.

Back to you, “political sources”.

An open letter to Barry Manilow

Sir: —

Please get out of my brain.

Thank you.

File under plus ça change (III)

On September 2, 1901, one Charles Steckler gave the New York Times some impressions of his visit to Newfoundland:

The people on the west coast of Newfoundland depend almost entirely on fishing for a livelihood, and a strong sentiment prevails for federation with Canada, as the fisher folk feel that their rights are not safeguarded. The 30,000 people on the west coast are very much dissatisfied. They have no representation in Parliament, and the man who is supposed to represent them is chosen from St. John's, on the east coast. The western people have never seen him.

Job Description

Another bit of inadvertant humour from the Constitution of The Party.

Appendix D provides as follows:

APPENDIX D

ORGANIZATIONAL ROLES AND RESPONSIBILITIES

CAUCUS AND CAUCUS REPRESENTATIVE

The Caucus is the group of Party members currently serving as Members of the House of Assembly. In addition to the regular duties of elected officials, the Caucus is responsible for promoting the policies, aims, and objectives of the Party. The Caucus participates in the formation of Party policy. The Caucus is responsible for selecting an interim Leader of the Party until a leadership convention can be held, when the position of Leader becomes vacant due to resignation or death.

Membership has its priveleges

The ever-nefarious Geoff Meeker digs a little deeper into the case of Bag-On-The-Head, putative candidate for the leadership of The Party, whose concerns made it into rotation on radio news the other day.

This prompts the ever-intrepid Peter Jackson to chime in with a comment:

Geoff: Your post is quite balanced. There are two issues here. One is that the Tories have made it nigh on impossible for anyone to contend Dunderdale's coronation. The timeframe is too short and the fee and signature requirements are almost insurmountable. This is fact.

And another:

… said constitution clearly states the requjrement of 50 signatures from party members, something you also questioned. If they didn't restrict endorsements to party members, it would leave room for saboteurs to muck things up.

And what is that “signature requirement”? A lot of digging on this corner's part dredged up the signature requirement as it stood when late Premier Williams “ran” for the job in 2000-01, which prompted a very helpful mole — let's call them Mole — to provide what is apparently the most recent iteration of that illustrious document, the Constitution of The Party. Lo and behold, the requirement is the same now as it was then, to wit:

C. The candidate must file with the Chief Electoral Officer a nomination form containing the signatures of fifty individuals who are members of the Party on or before the date of close of nomination established by the Convention Committee.

Which of course raises the important follow-up question: which individuals are "members of the Party"? That arcane piece of knowledge was difficult to determine until Mole helpfully provided the answer, which is contained in Article 5 of the Constitution of The Party:

1. All persons who are residents or domiciled in the Province of Newfoundland and Labrador and who support the principles and aims of the Party are eligible to become members of the Party.

2. Subjects to Article 5-1 all individual members of affiliated associations and groups who support the principles and aims of the Party shall be members of the Party.

3. Notwithstanding Article 5-1 and Article 5-2, all members of the Provincial Executive Council as defined in Article 7-1 who support the principles and aims of the Party shall be members of the Party. Any member of the Provincial Executive Council who ceases to support the principles and aims of the Party will automatically cease to be a member of the Provincial Executive Council and forfeit all rights and privileges associated therewith.

The “affiliated associations and groups” mentioned are district associations, the PC Women's Association, and the like. The “persons” who are eligible to be members, as per the Constitutions definition section, are Canadian citizens. Curiously, there does not seem to be a lower limit on “membership” in The Party in and of itself, although other provisions provide that you must be 16 to do things like attend, vote in, or stand for election in district association elections (Article 13) and leadership delegate selections (Appendix A, Part II, section 2). The Constitution also provides that members must also be 18 to vote in (Article 12, section 3, para. 6) and (obviously, for statutory reasons) to run in candidate-selection meetings.

Note a couple of important absences from the membership rules. There is nothing about membership fees or cards or other such formalities. Article 5, distilled and cross-referenced to other sections of the Constitution, says that you are a Progressive Conservative if you are a Canadian citizen, “resident or domiciled”, whatever the difference there is intended to be, and you say you're a Tory.

And that, presumably subject to the age limit in Article 12, is exactly how the PC Party has conducted its late candidate nominations. As Danny Williams and John Babb reminded voters in the 2008 by-election districts:

Voting will be held in the District of Baie Verte - Springdale on Tuesday, July 29, 2008 from 4:00 p.m. to 8:00 p.m. in three locations... Voters must be residents of the district and are reminded to bring two pieces of identification, one of which should be a piece of photo identification.

Similar language obtained in notices to voters in the 2009 by-elections in Straits and White-Bay North and Terra Nova, and the 2010 contests in Topsail and Conception Bay East-Bell Island.

Note, importantly, the reference to “Voters”. Not “Members of the PC Party”, whatever the M-word is supposed to mean in this context. Indeed, as The Party officials, and the nomination contestants themselves, have repeatedly boasted on gabby radio during the brief nomination campaigns, The Party is an “open” party, eschewing membership formalities and fees altogether in the name of democracy blah blah blah.

Yes, it might be hard to prove that you are a “member”, but it's equally hard for anyone else to prove that you aren't.

So with all that, with an open party that has no membership requirement other than to tell yourself you're a Tory, and with no apparent limit on the age of “members” who can nominate The Party's The Leader... how can it be said that the requirement to get the signaturs of fifty “members” is an “insurmountable” one, and designed to disallow the room for “saboteurs to muck things up”?

So, Mr/Mrs/Ms Bag-on-the-Head, and saboteurs, have at 'er. All you need to do now is find fifty self-styled Tories (children will do) and $5000 measly bucks.

Go nuts!

The last time (II)

On June 12, 2000, Kilbride MHA Ed Byrne, Leader of the Opposition, announced his intention to resign as leader of the PC Party of Newfoundland and Labrador.

On July 6, the party office issued the following press release:

Provincial PC Executive establishes Leadership Convention Committee

ST. JOHN'S, July 6, 2000 — The Executive of the Newfoundland and Labrador Progressive Conservative Party met Wednesday, July 5 to set in motion the process to choose a new Party leader.

At the outset of the meeting, PC Party president Kevin O'Brien informed the provincial executive that effective immediately he is withdrawing himself from the process and taking a leave of absence as Party president while he considers whether he will seek the leadership of the Party. He said he does not want to be in a conflict of interest, or to put the Party Executive in a conflict of interest, in this regard. He immediately left the meeting.

The executive then chose Party vice-president Paula Hayes to serve as acting president.

The executive also moved to establish a leadership Convention Committee, pursuant to the Party's constitution, choosing past Party president Jim Oxford to serve as committee co-chair. The second committee co-chair and other committee members will be announced in the weeks ahead.

Under the Party's constitution (Appendix A, Part I, Section 4), "The Convention Committees shall have the general responsibility for all matters pertaining to the Convention. The Convention Committee shall establish the dates and times for the following milestones:

• the official start of the leadership campaign,
  
• the Convention,
  
• the close of nominations,
  
• the withdrawal of candidates,
  
• the submission of association executive lists,
  
• the submission of association delegate lists,
  
• the pre-registration of automatic ex-officio delegates,
  
• the pre-registration of other delegates and alternates,
  
• the registration of delegates and alternates at the Convention,
  
• the opening of hospitality suites at the Convention."
  

- 30 -

For more information:

Jim Oxford, co-chair of the PC leadership Convention Committee
Telephone: (709) [REDACTED]

Paula Hayes, acting Party president
Telephone: (709) [REDACTED]

Email: [REDACTED]

The last time (I)

On June 12, 2000, Kilbride MHA Ed Byrne, Leader of the Opposition, announced his intention to resign as leader of the PC Party of Newfoundland and Labrador.

Later the same day, the party office issued the following press release:

PC Party president applauds Ed Byrne, prepares for leadership process

ST. JOHN'S, June 12, 2000 — Kevin O'Brien, president of the Newfoundland and Labrador Progressive Conservative Party, had nothing but praise today for PC Party leader Ed Byrne, who earlier Monday announced he will step aside as Party leader to spend more time with his family.

"PC Party executive members were shocked and dismayed to hear Ed Byrne's decision. He has been a strong leader and we truly regret he is leaving, though we also fully understand and respect his reasons for choosing to go," said O'Brien. "I personally want to thank Ed Byrne for his leadership over the past two years and for his dedication to the Party. All across Newfoundland and Labrador, people have come to know and admire Ed Byrne as a tireless and effective leader, and that has put our Party in good stead."

"The timing of Ed's decision gives us a tremendous window of opportunity. His decision to remain as Party leader until a successor is chosen gives the Party the time it needs to handle the leadership process appropriately," said O'Brien.
O'Brien said he is looking forward to the months ahead and the process of selecting a new leader.

"We will be convening a meeting of the Party executive in the near future at which time we will be striking a leadership convention committee and discussing the appropriate time line for choosing a new leader," he said.

"As I see it, there are two windows of opportunity – the late fall of this year and the early spring of 2001 – but no decision has been made at this time," he said. Under the Party's Constitution, the earliest a leadership convention can be held is September 2000. The last general election was in February 1999, just a little more than a year ago.

- 30 -

For more information:

Kevin O'Brien
President
Newfoundland and Labrador Progressive Conservative Party
(709) [REDACTED]

Rules of engagement

For the record, posterity, and interest, the portions of The Party's The Constitution which deal with the unlikely eventuality of a contested leadership race. This does not include the portions of TPTC which deal with the mechanics of leadership transition between the resignation of the old leader and the close of nominations for the leadership.

In case it's not already obvious, this is an old iteration of the relevant provisions. The reference to "52 districts" is the blatant tip-off, given that the House of Assembly was reduced to 48 members in the redistribution that came into effect in 1996.

It makes it slightly surprising, then, that these are the rules that were in force the last time The Party got a new leader, which was after 1996.

* * *

Constitution of the Newfoundland and Labrador Progressive Conservative Party

APPENDIX A - RULES FOR LEADERSHIP CONVENTION

TABLE OF CONTENTS

PART I - GENERAL

1. PURPOSE
2. DEFINITIONS
3. APPLICATION OF THE CONSTITUTION
4. CONVENTION COMMITTEE
5. CONVENTION CO-CHAIRPERSONS
6. RULES COMMITTEE
7. CREDENTIALS
8. CHIEF ELECTORAL OFFICER AND ELECTORAL OFFICERS
9. CANDIDATE LIAISON COMMITTEE
10. FINANCIAL COMPLIANCE COMMITTEE
11. LOCAL ORGANIZING COMMITTEE
12. HOSPITALITY CHAIRPERSON
13. ADDITIONAL RULES

PART II - NOMINATIONS AND CANDIDATE ACCREDITATION

1. CANDIDATE QUALIFICATION
2. NOMINATIONS
3. CANDIDATE'S ENTITLEMENT

PART III - DELEGATE SELECTION

1. ANNUAL GENERAL MEETING AND DELEGATION SELECTION MEETINGS
2. ELIGIBILITY TO VOTE OR SEEK DELEGATION STATUS
3. EXECUTIVE AND DELEGATE LIST
4. DISTRICT ASSOCIATIONS
5. YPC DISTRICT ASSOCIATION AND POST SECONDARY CAMPUS CLUBS
6. PROGRESSIVE CONSERVATIVE WOMEN'S ASSOCIATION AND YPC
7. MEMBERS WHO ARE AUTOMATIC DELEGATES

PART IV - OFFICIAL AGENT

1. OFFICIAL AGENT
2. FINANCIAL
3. CANDIDATE DISQUALIFICATION
4. AUDITOR
5. CAMPAIGN EXPENSES
6. CONTRIBUTIONS
7. DISCLOSURE
8. CANDIDATE EVENTS

PART V - CONVENTION PROCEEDINGS

1. HOSPITALITY SUITES
2. CONVENTION FACILITIES
3. ALTERNATE DELEGATES
4. DELEGATE AND ALTERNATE REGISTRATION
5. NOMINATION SPEECHES
6. DEMONSTRATIONS
7. RECORDING CONVERSATIONS
8. ENTITLEMENT TO VOTE
9. BALLOTING PROCEDURES
10. BALLOTING
11. SCRUTINEERS
12. ACCESS TO CONVENTION FLOOR

PART I - GENERAL

1. PURPOSE

These rules have been established under the By-Laws of the Progressive Conservative Party of Newfoundland and Labrador to govern the choosing of Leaders of the Progressive Conservative Party of Newfoundland and Labrador in a Leadership Convention.

2. DEFINITIONS
In this appendix, the following terms are used as defined below:

Party The Progressive Conservative Party of Newfoundland and Labrador.

Leader The Leader of the Progressive Conservative Party of Newfoundland and Labrador.

Constitution The Constitution of the Progressive Conservative Party of Newfoundland and Labrador.

Executive The Executive Committee of the Progressive Conservative Party of Newfoundland and Labrador to choose a new Leader for the Party.

Convention A meeting of the Progressive Conservative Party of Newfoundland and Labrador to choose a new Leader for the Party.

YPC Young Progressive Conservatives of Newfoundland and Labrador.

3. APPLICATION OF THE CONSTITUTION

The proceedings for delegate selection, annual general meetings of affiliated associations, and the operation of the Convention shall be governed by the Constitution, together with the constitution of each of its affiliated associations, including district association, youth groups, the Women's Association, and other accredited groups. The Constitution shall be the final authority in the case of conflict with the constitution of any of the other groups listed in this section.

4. CONVENTION COMMITTEE

The Executive shall establish a Convention Committee, chaired by two Co-chairpersons. The Convention Committees shall have the general responsibility for all matters pertaining to the Convention. The Convention Committee shall establish the dates and times for the following milestones:

the official start of the leadership campaign,
the Convention,
the close of nominations,
the withdrawal of candidates,
the submission of association executive lists,
the submission of association delegates lists,
the pre-registration of automatic ex-officio delegates,
the pre-registration of other delegates and alternates,
the registration of delegates and alternates at the Convention,
the opening of hospitality suites at the Convention.

5. CONVENTION CO-CHAIRPERSONS

The Co-chairpersons of the Convention Committee shall have overall responsibility for the co-ordination and organization of the Convention Committee and the Convention. The Co-chairperson shall be entitled to engage legal counsel to provide continuing advice and assistance throughout the course of the pre-Convention and Convention activities.

6. RULES COMMITTEE

A. Pursuant to the Constitution, the Provincial Executive shall appoint a Rules Committee to formulate the rules governing the appointment and selection of delegates, annual general meetings of affiliated associations, and the conduct of the Convention. The Rules Committee shall have a chairperson and not less than two or not more than four additional members. Challenges of decisions made by Convention committees or officers shall be decided by the Rules Committee. Appeals shall be in writing and shall be delivered to the Rules Chairperson within three days of the rending of the decision which is sought to be appealed. Additional procedures for the filing of an appeal are as set forth in Part I, Section 6C of these Rules.

B. The Rules Committee shall be the final level of appeal from decisions of the Credentials Committee, Chief Electoral Officer, and other subcommittees formed by the Convention Committee or officers of the Convention unless otherwise specified herein.

C. Procedures for Appeal

(1) All challenges must be directed in writing to the Chairperson of the Rules Committee at any reasonable time, within three days of a decision of a Convention committee or officer, or the events giving rise to the challenge.

(2) A challenge concerning proceedings of a general meeting to select delegates for an affiliated association must be signed by a minimum of 10% of the voting members in attendance at the meeting.

(3) An appeal, including appeals regarding general meetings for delegate selection, must designate an individual and address at which subsequent documents respecting the appeal may be served, and must designate a spokesperson authorized to speak on behalf of the members filing the appeal.

(4) Upon receipt of an appeal, the Chairperson of the Rules Committee will provide not less than seven days notice to the designated spokesperson filing the appeal and other parties whose attendance is requested by the Chairperson of the Rules committee as to the time and place of the meeting to hear the appeal.

(5) The parties to whom the notice described in paragraph (4) above are delivered may appear in person or be represented by a person appointed in writing. Each person or representative shall be given the opportunity to speak and present their position at the meeting, upon such terms and conditions as are deemed reasonably by the Chairperson of the Rules Committee.

(6) All decisions of the Rules Committee shall be given in writing within three days.

(7) Time allowances specified for appeals may be modified at the discretion of the Rules Committee Chairperson as circumstances dictate.

7. CREDENTIALS COMMITTEE

The Credentials Committee of the Party shall make all determinations concerning the issuing of credentials for delegates to the Convention and shall accredit the candidates applying to run for leader of the Party. The decisions of the Credentials Committee may be appealed to the Rules Committee.

8. CHIEF ELECTORAL OFFICER AND ELECTORAL OFFICERS

A. The Chief Electoral Officer will be appointed by the Convention Committee. The Regional Vice-presidents of the Party or their designates shall be the Electoral Officers. Additional Electoral Officers may be appointed by the Chief Electoral Officer.

B. The Chief Electoral Officer and Electoral Officers shall have responsibility for the conduct of all delegates selection meetings and annual general meetings of affiliated associations. The Chief Electoral Officer shall also have the responsibility for the conduct and administration of balloting at the Convention.

C. The Chief Electoral Officer shall have the authority to appoint deputy returning officers, poll clerks, security persons and such other individuals as required to assist the Electoral Officers in the discharge of their duties in respect of the delegates selection meetings, and annual general meetings of affiliated associations, and the conduct of the voting at the Convention.

9. CANDIDATE LIAISON COMMITTEE

The Convention Committee shall appoint a Candidate Liaison Committee chaired by a Chairperson. The Candidate Liaison Committee shall have at least one other member but not more than two additional members. The Committee shall be responsible to see that all Candidates are well informed and to discuss and advise on the overall requirements as established by the Rules Committee and other Convention committees.

10. FINANCIAL COMPLIANCE COMMITTEE

The Convention Committee shall appoint a Finance Compliance Committee chaired by a Chairperson. The Finance Compliance Committee shall have at least one other member. The committee shall be responsible for ensuring Candidates abide by the rules established by the Rules Committee with regard to contributions and expenses.

11. LOCAL ORGANIZING COMMITTEE

A Local Organizing Committee shall be appointed and shall be responsible to the Convention Committee for local preparation for the Convention.

12. HOSPITALITY CHAIRPERSON

The Hospitality Chairperson will have responsibility for policing the operation of hospitality suites and shall have the authority, in appropriate circumstances, to order a hospitality suite closed should candidates fail to obey the rules and procedures for the operation of hospitality suites. The Hospitality Chairperson shall be appointed by the Convention Committee.

13. ADDITIONAL RULES

The Rules Committee may from time to time make additional rules with respect to the administration of the Convention as it sees fit. The rules shall have full force and effect once they are approved by the Rules Committee and may, at the discretion of the Rules Committee, be deemed to be retroactive.

PART II - NOMINATIONS AND CANDIDATE ACCREDITATION

1. CANDIDATE QUALIFICATIONS
Any person who wishes to be a candidate for Leader shall meet the following conditions in order to be accredited as a candidate.

A. The candidate shall apply in writing, on a form provided by the Rules Committee, to be designated an accredited candidate;

B. The candidate shall abide by the Constitution;

C. The candidate must file with the Chief Electoral Officer a nomination form containing the signatures of fifty individuals who are members of the Party on or before the date of close of nomination established by the Convention Committee.

D. A deposit in the form of a certified cheque in the amount of five thousand dollars ($5,000) made payable to the Party shall accompany the nomination papers. This deposit shall be non-refundable and utilized for the administration costs of the Convention.

E. The candidate shall sign an undertaking to abide by the Constitution, the rules and regulations of the Convention, as well as providing any undertaking to hold the Party, and all its agencies and agents, harmless from claims, suits, demands, and loss or damage which may arise as a result of the candidate's campaign for Leader.

F. The nomination papers shall indicate the consent of the person whose name appears therein to be a candidate.

G. Only candidates accredited in accordance with Part II, Section 1 shall be entitled to have their name on the ballot for Leader at the Convention.

2. NOMINATIONS

A. The candidate's nomination papers shall be filed with the Chief Electoral Officer at the Provincial Headquarters of the Party no later than the time and date established for that purpose by the Convention Committee.

B. The Chief Electoral Officer shall forward any nominations received, as soon as possible, to the Chairperson of the Credentials Committee. The Chairperson of the Credentials Committee shall certify to the Chief Electoral Officer whether the nomination paper's were in accordance with the requirement of Part II, Section I.

C. If any candidate has not met the conditions for accreditation, the Chairperson of the Credentials Committee shall so notify the Chief Electoral Officer. The Chief Electoral Officer shall forthwith notify the candidate of his/her Official Agent that he/she has not met the conditions for accreditation as set forth in these rules.

D. As soon as possible after nominations close, the Co-chairpersons of the Convention shall announce then names of all candidates properly nominated.

E. Any candidate wishing to withdraw at any time after the close of nominations may do so by advising the Chief Electoral Officer in writing of his/her withdrawal prior to the date set for that purpose by the Convention Committee. If such a notice is not received prior to that time, the candidate's name will appear on the ballot at the Convention. The Chief Electoral shall notify the Co-chairperson who shall inform the Convention of any withdrawal of a candidate.

F. The nomination papers of the candidate shall designate an Official Agent and shall contain the consent of the Official Agent to act as agent of the candidate. The Official Agent shall be a member in good standing of the Party.

3. CANDIDATE'S ENTITLEMENT

An accredited candidate is entitled to:

A. Receive a list of automatic ex-officio delegates to the convention;

B. Receive a list of district association executive and directors;

C. Receive a list of the members of the Executive;

D. Receive a list of the president and executive officers of recognized YPC district associations, post-secondary campus YPC clubs, Progressive Conservative Women's Associations, and other affiliated associations entitled to elect delegates to the Convention;

E. Receive a list of delegates and alternate delegates, which will be made available from time to time as determined by the Convention Committee;

F. Be represented at appropriate meetings of any committees of the Convention at which representatives of the candidates have been requested to attend;

G. Be provided with the authority to use, without charge, the Convention and Party logos on all materials and advertising for and during the leadership convention;

H. Be provided with notice of scheduled annual general meetings and delegates selection meetings of affiliated associations.

PART III - DELEGATE SELECTION

1. ANNUAL GENERAL MEETINGS AND DELEGATES SELECTION MEETINGS

A. If the annual general meeting of an affiliated association is to be held during a leadership campaign, it shall be held in accordance with the dates set down in the Constitution. Any such affiliated association shall provide a minimum of fourteen days notice to the Chief Electoral Officers of the holding of an annual general meeting.
B. The general membership meeting for delegates selection for all affiliated associations shall be within the time span established by the Constitution for the selection of delegates and alternates to leadership conventions. Affiliated association shall provide a minimum of fourteen days notice to the Chief Electoral Officer or Electoral Officers of the holding of a delegate selection meeting.

C. The date of annual general meetings and delegate selection meetings must be established in consultation with the Chief Electoral Officer of Electoral Officers.

D. The Chief Electoral Officer or Electoral Officer shall confirm acceptance of the proposed date or alternative date with the President of the affiliated association.

E. The affiliated association shall endeavor to provide a notice of the annual general meeting and general membership meeting to select delegates to each of its members. The affiliated association shall, in any event, give as much notice of these meetings to its members as possible.

F. In addition to any notice which the affiliated association may provide to its members, the association shall advertise, a minimum of once, seven days prior to each meeting, in a newspaper having a general circulation in the constituency, a notice which shall contain the following information:

(1) The purpose, date and location of the meeting;

(2) The name and telephone number of the secretary of the affiliated association;

(3) Requirements for identification of voters as specified in By-Law 2 of the Constitution of the Party;

(4) Such other information which is of such a nature as to encourage all members of the affiliated association to participate in the delegate selection process or annual meeting.

G. The Rules Committee may prescribe the form of advertisements to be placed by the affiliated association. In any event, the size of the advertisement placed by the association should be of such a nature as to attract prominent attention to the announcement of the general membership meeting for delegate selection and the annual general meeting.

H. At every annual general meeting of affiliated associations and every general membership meeting to select delegates, an authorized representative of the Chief Electoral Officer shall be present, who shall have general supervision of the procedure for the selection of delegates, and election of officers of the affiliated association.

I. The Chief Electoral Officer will convey, in writing, to the affiliated association the appropriate voting procedures and rules of conduct for voting.

2. ELIGIBILITY TO VOTE OR SEEK DELEGATE STATUS

A. In order to be able to vote, or seek delegate status at a delegate selection meeting or annual general meeting, a person shall:

(1) Be a member in good standing to the affiliated association;

(2) Be a Canadian citizen or permanent resident of Canada;

(3) Have attained the age of 16 years as of the date of the delegate selection meeting;

(4) In the case of district association meeting, the person shall be a resident of the provincial electoral district or a member of the district association executive.

B. In order to be entitled to vote, a person must present personal identification with proof of residency at the meeting, as detailed in By-Law 2 of the Constitution of the Party. A person who is unable to provide the above evidence and identification shall not be entitles to vote or run as delegate or officer.

C. No member of the Party shall be entitled to vote at more than one delegate selection meeting. For example, should a person be a member of a YPC post-secondary campus club, as well as a member of a district association, that individual shall only be entitled to vote at the delegate selection meeting of one of the organizations of which he/she is a member. A member may be required to declare, in writing, at the time of voting that he/she has not voted at any other delegate selection meeting.

3. EXECUTIVE AND DELEGATES LISTS

A. The secretary of every district association must, no later than the date set for that purpose by the Convention Committee, supply to the Convention Committee a verified and complete list of the members of the executive of the association. Failure to provide this list may result in the Convention Committee disallowing the automatic delegate status of members of the executive of the district association.

B. The secretary of every other affiliated association must, no later than the date set for that purpose by the Convention Committee, supply to the Convention Committee a verified and complete list of the members of the executive of the association. Failure to provide this list prior to the date established, may result in the Convention Committee disallowing the automatic delegates status of members of the executive of the affiliated association.

C. A complete list of delegates to the Convention must be submitted to the Convention Committee not later than the date established for that purpose by the Convention Committee.

4. DISTRICT ASSOCIATIONS

A. Each district association of the party shall be entitled to send to the Convention 11 delegates and 5 alternates as per Article 11, Section 4, Subsection d (i) of the Constitution.

B. The election of officers, delegates and alternates shall be by secret ballot of those members of the district association in good standing. Additional rules concerning the conduct of elections and delegate selection meetings shall be provided by the Chief Electoral Officer prior to the commencement of those meetings.

C. An individual to be elected as an officer must be in attendance at the annual general meeting or have provided, in writing properly signed and witnessed, a declaration of his/her willingness to stand for election.

D. An individual to be selected as a delegate or alternate must be in attendance at the general membership meeting for delegate selection or have provided, in writing properly signed and witnessed, a declaration of his/her willingness to stand for election as a delegate or alternate.

E. As individuals put forth their names as potential officers or delegates, their names shall be displayed prominently at the front of the meeting room so that all present and entitled to vote will be able to inspect the list of candidates prior to casting their ballots.

F. Following the selection of the delegates, the five unsuccessful candidates receiving the most votes shall be listed in order of number of votes obtained from one to five. These individuals shall be alternates. Should it become necessary for a constituency association to upgrade an alternate to delegate status, it shall be done in the order of the number of votes obtained with the alternate delegate who has achieved the highest number of votes being the first to become a delegate. In the event one or more alternate delegates have achieved an equal number of votes, those alternate delegates shall be ranked by random draw.

G. Each member of the association shall be allowed to cast one vote for each available delegate position at a delegate selection meeting. At an annual general meeting, each member of the association shall be allowed to cast one vote for each executive position.

H. The secretary of the constituency association shall keep a list, including mailing addresses and phone numbers, of all those who have voted at annual meeting and general meeting for delegate selection. The secretary shall forward the list together with a list of officers, delegates and alternates to the Convention Committee.

5. YPC DISTRICT ASSOCIATIONS AND POST-SECONDARY CAMPUS CLUBS

Those YPC district associations and post-secondary campus clubs which comply with the Constitution shall be entitled to send delegates and alternates to the Convention in accordance with and in the numbers established under the Constitution.

6. PROGRESSIVE CONSERVATIVE WOMEN'S ASSOCIATION AND YPC

The Progressive Conservative Women's Association and YPC shall be entitled to select and send delegates to the Convention in accordance with the Constitution.

7. MEMBERS WHO ARE AUTOMATIC DELEGATES

The following shall be automatic delegates to the convention:

A. All members of the Executive Council as defined in the Constitution;

B. The President of each of the 52 district associations;

C. The Vice-president (or 1st Vice-president) of each of the 52 district associations;

D. The Secretary of each of the 52 district associations;

E. The Treasure of each of the 52 district associations;

F. One other member of the executive of each of the 52 district associations, elected by the members of the district association. Persons eligible to vote or run for this position include:

(1) The Past-president;

(2) A Director or another official member of the executive who was elected to his/her position at the annual meeting of the district association;

G. For the purpose of Section 7F, the past-president is defined as the person who last completed the term of president and did not resign form the position of president. A current president cannot resign to become past-president and remove the current past-president from the executive.

H. The list of members of the district executive must be submitted to the Party in accordance with Part III, Section 3A, or the automatic status of the members of the executive will be revoked. The name of the member of the executive elected under Section 7 F must be indicated in the same submission.

I. If any executive position is vacant, or a member of the executive holds another office within the Party which has automatic delegates status, the delegate position will be filled by the election of an additional delegate at the delegate selection meeting.

PART IV - OFFICIAL AGENT AND SPENDING LIMITS

1. OFFICIAL AGENT

A. Each candidate, on his/her nomination form, must appoint an Official Agent.

B. The Official Agent shall provide an address at which any notification to the candidate may be sent. Notification of the Official Agent at the address supplied should be deemed to be notification of the candidate.

C. The Official Agent shall be responsible for supplying the Convention Committee with such reports as may be required from time to time and, in particular, for supplying reports concerning the compliance of the candidate with the financial limitations put in place by the Convention Committee.

D. The Official Agent shall be a member in good standing of the Party.

E. Every candidate shall appoint an Official Agent at the time of the public declaration of his/her candidacy.

F. The Official Agent shall open an account ("the campaign account") at a recognized financial institution into which all revenues will be deposited and from which all payments will be made. This account will be used only for transactions dealing with the conduct or management of the candidates's campaign and shall have deposited to it all funds obtained for the purpose of the conduct or management of the candidate's campaign.

G. No money shall be used for any purpose in any way related to the conduct or management of the candidate's campaign unless it has first been deposited in the campaign account. All disbursements used for any purpose related to the conduct or management of the candidate's, except petty cash expenses authorized by the Official Agent and less than $50.00 on each occasion, must be made by cheques drawn on this account. All disbursements from the campaign account must be related to the conduct and management of the candidate's campaign.

H. Petty cash disbursements shall be authorized only by the Official Agent and shall be documented including receipts for items purchased.

I. The Official Agent will receive all contributions to the campaign. Contribution of goods and services must be received by and accounted for by the Official Agent. Every candidates shall provide to his/her Official Agent, a list of expenses relating to the conduct and management of the candidate's campaign incurred from the date set by the Convention Committee as the official start of the leadership campaign to the date of the candidate's public declaration of candidacy and appointment of the Office Agent.

J. The Official Agent is the only person authorized to pay campaign expenses.

2. FINANCIAL

A. The maximum amount to be spent by any candidate, including the value of donated goods and services, shall not exceed $200,000.

B. Notwithstanding the provisions found in paragraph A, the Convention Committee, on or before a date set for that purpose by the Convention Committee, shall monitor the costs incurred by candidates to that point and may, at that time, revise the applicable spending limits in accordance with the actual experience of the candidates.

C. The Official Agent of each candidates shall, on a monthly basis, supply the Financial Compliance Chairperson with a detailed accounting of the expenses of the candidate incurred during the month.

D. The first such report, on a form to be supplied by the Financial Compliance Chairperson, shall be filed within 10 days of the Candidates Official Nomination. The first such report shall cover any expense incurred by the candidate prior to the date of Nomination. Subsequent reports shall be filed monthly within 10 days of the last day of the proceeding month.

E. The Financial Compliance Chairperson shall be appointed by the Rules Committee.

3. CANDIDATES DISQUALIFICATION

A. Failure of a candidate to comply with any of the rules and regulations of the Convention may result in the Rules Committee disqualifying a candidate and requiring his/her name be removed from any ballot at the Convention.

B. Any candidate found to have breached any of the rules of the Convention may be subject to fines, discipline, or other reprimands at the discretion of the Rules Committee.

4. AUDITOR

A. Each candidate shall, at the time of the public declaration of his/her candidacy, appoint an Auditory who is a licensed public accountant under the provisions of the Public Accountants Act of Newfoundland and Labrador.

B. The Auditor must sign a statement accepting the position as Auditor in the form prescribed by these rules. A candidate's nomination papers will not be accepted unless they are accompanied by the Auditor's signed declaration of acceptance of appointment.

C. The Auditor must examine the books, records, invoices, bank statements, and negotiated cheques of the candidate's campaign and perform such tests and verifications as he deems necessary to enable him to complete the report as prescribed in these Rules.

D. The Auditor must complete a report to the Official Agent stating whether in his/her opinion the return of the Official Agent presents fairly the financial transactions required to be detailed in the report. This report must be attached to both the Official Agent's Monthly Reports and the Official Agent's Final Report.

5. CAMPAIGN EXPENSES

A. As set forth in these Rules, no candidate shall have "campaign expenses", as defined herein, of more than $200,000.

B. "Campaign expenses" are amounts paid, liabilities incurred, the commercial values of goods and services donated and the differences between amount paid or liabilities incurred, whether billed or unbilled and the commercial value thereof for the purpose of promoting a candidate's election as Leader, provided that such amount are paid, liabilities incurred, whether billed or unbilled, or goods and services donated at any time from April 15th, 1991 through to and including the last date of the Convention.

C. The value of goods and services provided is to be recorded at the commercial value of those goods and services, when discounts are not available to other customers in the normal course of trade. The value of such discounts shall be recorded as a campaign donation and a campaign expense.

D. Goods and services provided without charge by a person who normally provided them in the normal course of business shall be recorded as a campaign donation and campaign expense.

E. The following are not campaign expenses:

(1) Volunteer labour, being services provided free of charge by persons who are not self-employed, outside their normal working hours, and services provided free of charge by self-employed person, provided that they do not normally sell or otherwise charge for those services;

(2) The candidate's deposit filed with his/her nomination papers.

F. The Official Agent of each candidate shall file in the form prescribed by these rules an Official Agent's Final Return signed by the Official Agent and the candidate setting out the amount of the campaign contributions received and the campaign expenses paid from the campaign account in accordance with these aforementioned Rules. The final such report shall be filed no later than the date set for that purpose by the Convention Committee.

G. The determination as to whether the campaign expense rules have been breached by a candidate shall be made by the Rules Committee and they shall have the advice of The Chief Electoral Officer and Financial Compliance Chairperson with regards to compliance.

H. Any monetary amounts remaining in the campaign account following payment of all campaign expenses shall be donated to the Party.

I. No candidate shall be allowed to operate his/her campaign in a deficit position. All goods and services must be paid for at time of purchase or upon receipt of goods and services, and shall not be obtained on credit.

6. CONTRIBUTIONS

A. Every candidate shall provide his/her Official Agent with a list of contributions to his/her campaign, no matter when received.

B. The Official Agent, after appointment, shall receive all contributions to the campaign.

C. Contributions shall include all monetary contribution in any way related to the conduct or management of the candidate's campaign and the commercial value of goods and services donated to the campaign.

D. A list of all contributions shall be supplied by the Official Agent on the Official Agent's Monthly Return.

E. No contribution of an amount greater than $10,000 shall be accepted by the Official Agent on behalf of the candidate from one individual.

7. DISCLOSURE

A. The record of all expenses of candidates will be made public by the Convention Committee.

B. The Official Agent's Monthly Returns and the Official Agent's Final Return shall be kept on file at the Convention Committee Office and the expenses portion shall be available for review by the public during normal business hours.

8. CANDIDATE EVENTS

A. Each accredited candidate may, no sooner than the date and time set for that purpose by the Convention Committee, open a hospitality suite in each of the "official" Convention hotels. A list of the "official" Convention hotels shall be supplied to the accredited candidates two weeks prior to the start of the Convention.

B. No candidate may incur any expenses for hospitality, including but not limited to, the provision, directly or indirectly, of any entertainment, food, beverage or other inducement to delegates from 6:00 AM on the day of balloting to the close of balloting on the final ballot of the Convention.

PART V - CONVENTION PROCEEDINGS

1. HOSPITALITY SUITES

A. Each accredited candidate may have no more than one hospitality suite. This hospitality suite must be in one of the "official" hotels, unless the candidate received prior approval from the Convention Committee for a hospitality suite in a location other than one of the official hotels.

B. The hours of operation of the hospitality suites shall be from noon to midnight on non-voting days at the Convention and from close of balloting on the final ballot until 2:00 AM on the day of balloting.

C. Detailed operating procedures for the hospitality suites shall be the responsibility of the Hospitality Chairperson.

D. Candidates may sponsor events outside of the "official" Convention hotels, but such events must not contravene the Rules established by the Rules Committee.

2. CONVENTION FACILITIES

A. Where choices for common facilities are available, the selection of those facilities shall be done by random lot supervised by the Chairperson of the Candidate Liaison Committee or his/her designate.

B. In general, the Chairperson of the Candidate Liaison Committee shall endeavor, through meetings with representatives of the candidate, to reach a consensus in respect to the shared use of facilities.

C. Where a consensus is not possible, the decision of the utilization of facilities shall rest with the Chairperson of the Candidate Liaison Committee.

D. The choice of candidate locations in this Convention location shall be done by a random draw four weeks prior to the Convention.

E. Candidates shall have exclusive use of their assignee space in the Convention location.

F. Other available space for signage shall be apportioned following discussions between the Candidate Liaison Committee and the candidate. If a consensus cannot be reached in regard thereto, the space shall be apportioned in such manner as the Chairperson of the Candidate Liaison Committee deems to be equitable.

G. The decoration of hotels and areas outside of the Conventions location will not be allocated by the Convention Committee. Signage restrictions and/or methods of application will be the discretion of the management of the hotel. However, the Chairperson of the Candidate Liaison Committee shall hear any complaints in regard to any activities concerning those spaces and shall render decisions thereto.

3. ALTERNATE DELEGATES

If at close of registration an eligible delegate has not registered, and an alternate eligible for the delegate position has registered, that alternate will become accredited as a delegate, prior to the commencement of balloting. All candidates will be notified of alternates who have become accredited as delegates.

4. DELEGATE AND ALTERNATE REGISTRATION

A. Automatic Ex-officio delegates must pre-register with the Convention Committee by the date set by the Convention Committee for that purpose. Pre-registration will include payment of the registration fee and a deposit on all hotel rooms booked.

B. All other delegates and alternates must preregister by the date set by the Convention Committee for that purpose.

C. Any delegate or alternate who has not pre-registered by the appointed time, may be prevented form registering for the Convention at the discretion of the Convention Committee.

D. Delegates and alternates must register at the Convention prior to the date and time set for that purpose by the Convention Committee. Any delegates who does not register prior to that time shall not be entitled to register and vote. Any alternate who does not register prior to that time shall not be entitled to register nor to become a delegate.

5. NOMINATION SPEECHES

A. The order of speaking of accredited candidates shall be determined by lot four weeks prior to the Convention. The Chairperson of the Candidate Liaison Committee shall preside over the choice of speaking order which shall be a public event.

B. The Convention Committee will set a time limit for the nomination speeches, floor demonstrations, and speeches of candidate. Candidates may utilize this in any manner in which they choose.

C. Candidates will be notified when there is two minutes remaining in their allotted time. A further notification will be given when their allotted time has elapsed. The podium microphone will be shut off 30 seconds after this final notifications.

6. DEMONSTRATIONS

A. The detailed rules and procedures for candidate demonstrations shall be developed in consultation with the candidates through the Candidate Liaison Committee.

B. In the event that a consensus cannot be reached, the Chairperson of the Candidate Liaison Committee shall recommend to the Rules Committee the detailed rules and procedures regarding demonstrations.

C. The Rules Committee, as its discretion, shall determine the rules and procedures to be followed in respect of such demonstrations.

7. RECORDING CONVERSATIONS

During the Convention no holder of an identification badge may use any concealed recording device to record a conversation where any party to the conversation is unaware that the conversation is being recorded.

8. ENTITLEMENT TO VOTE

A. Only a properly accredited delegate whose name appears on the Official Voters List, as certified by the Credentials Committee, shall be entitled to vote at the Convention.

B. A delegate shall have one vote on each ballot at the Convention.

C. A ballot shall be rejected if:

(1) It was not supplied by the Chief Electoral Officer;

(2) It was not marked for any candidate;

(3) It was marked for more than one candidate;

(4) It was so marked as to render it uncertain for which candidate the delegate has voted;

(5) Upon if there is any writing or marking by which the delegate can be identified.

9. BALLOTING PROCEDURES

A. Where not otherwise specified in these rules, the procedures for balloting shall be determined by the Chief Electoral Officer.

B. Immediately the first ballot commences, no delegates shall be entitled to be heard from the floor. Any complaint or grievance relating to any alleged voting irregularity or any other matter pertaining to the election shall be made to the Chief Electoral Officer. The decision of such a complaint or grievance shall be made by the Chief Electoral Officer in consultation with the Co-chairperson of the Convention. Such decisions shall be final and binding and there shall be no appeal from the decision of the Chief Electoral Officer.

C. The Chief Electoral Officer shall explain the voting procedures to the delegates assembled on the Convention floor prior to the commencement of the first ballot.

D. The election of the Leader will be by secret ballot. Delegates shall be presented with a ballot which shall be deposited, in the form and manner and prescribed by the Chief Electoral Officer, in the appropriate ballot box.

E. The Chief Electoral Officer shall, through the Co-chairpersons of the Convention, notify the delegates that there is five minutes remaining for ballots to be cast. When that time passes, the voting area shall be sealed and no delegates shall be allowed to enter to cast their ballot, but any delegates present in the voting area shall be entitled to vote.

10. BALLOTING

A. There shall appear, on the first ballot, the names of all accredited candidates as the date set for the withdrawal of candidates.

B. Any candidate receiving less than 50 votes on the first ballot shall not be entitled to have his/her name appear on subsequent ballots.

C. A candidate receiving the lowest number of votes on any ballot shall not be entitled to have his/her name appear on any subsequent ballots.

D. In the event of a tie vote between two candidates receiving the lowest number of votes, both candidates shall be entitled to have their name appear on the next ballot, unless each candidate has polled less than fifty votes in which case both shall be dropped.

E. A period of twenty minutes shall be allowed after the announcement of the results of each ballot for the purpose of allowing the withdrawal of any candidate. In order to withdraw, a candidate shall notify the Chief Electoral Officer of their intention not to allow their name to go forward on the next ballot. The Chief Electoral Officer will then notify the Co-chairperson of the Convention of withdrawal of the candidate. The Co-chairperson will then notify the candidate's withdrawal. Failure to comply with this time limit will result in the candidate's name appearing on the next ballot.

F. Balloting shall continue until one candidate obtains an absolute majority of the ballots cast in a ballot.

G. An absolute majority shall mean more than 50 % of the valid ballots cast on any particular ballot.

H. If the final two candidates on the ballot receive an equal number of votes, there shall be another ballot.

11. SCRUTINEERS

A. Each accredited candidate shall be entitled to have five scruitineers in the counting room.

B. The scrutineers of any accredited candidate shall be entitled to observe the procedures adopted by the Chief Electoral Officer for the counting of ballots.

C. During balloting, scrutineers shall remain in their assigned positions and shall not speak to or in any other way communicate or interfere with delegates. Any scrutineer violating this rule, shall, at the discretion of the Chief Electoral Officer, be removed from the voting area and have their credentials revoked.

D. One scrutineer for each candidate on the ballot shall be entitled to be present when the Chief Electoral Officer, in consultation with such other officials as he deems appropriate, consolidates the individual tallies to present a final vote count.

E. All scrutineers, volunteers. Convention officials and other individuals present in the voting area at the conclusion of voting shall remain in that area until the results of the ballot are announced unless given specific permission by the Chief Electoral Officer to leave the area.

F. The chief Electoral officer shall determine and verify the results of each ballot. He shall convey, in a sealed envelope, to the Convention Co-chairpersons the result of the ballot. The Convention Co-chairpersons shall announce the results to the Convention.

12. ACCESS TO CONVENTION FLOOR

A. On balloting day, delegates, alternates, agents of the accredited candidates, accredited media, and Convention committee members shall be the only individuals allowed access to the Convention floor.

B. Each candidate shall be entitled, for the purpose of floor organization, to designate 25 individuals as agents. Those individuals , at the registration process, shall have their credentials clearly identified as agents. When they have received those credentials they shall be entitled access to the floor.

C. Each candidate shall provide a list of his/her agents to the Convention Committee no later than two weeks prior to the Convention.

D. The Convention Committee will make arrangements for observers to view the proceedings of the Convention, but such observes shall not be allowed to participate in the proceedings of the Convention in any manner.

FORM A - Nomination Papers

To:

Chief Electoral Officer

Leadership Convention

Progressive Conservative Party of

Newfoundland and Labrador

Dear

We, the undersigned, endorse _______________ as a candidate for the Leadership of the Progressive Conservative Party of Newfoundland and Labrador. We are members in good standing of the Progressive Conservative Party of Newfoundland and Labrador.

NAME	ADDRESS	PHONE	SIGNATURE

---

FORM B - Nomination Papers

To:

Chief Electoral Officer

Leadership Convention

Progressive Conservative Party of

Newfoundland and Labrador

Dear

Attached hereto is the Candidate Nomination Form relative to my candidacy for the Leadership of the Progressive Conservative Party of Newfoundland and Labrador.

I enclose herewith a certified cheque in the amount of $5,000.00, payable to the Progressive Conservative Party of Newfoundland and Labrador.

I hereby confirm and agree that $5,000.00 of the above amount shall be a non-refundable deposit to be used by the Convention Committee to defray the cost of its operation.

I undertake to hold and save the Progressive Conservative Party of Newfoundland and Labrador, and all of its agencies and agents, harmless from any and all claims, suits, demands, losses or damages which may arise as a result of my campaign for the Leadership Party.

I undertake to abide by the Constitution of the Progressive Conservative Party of Newfoundland and Labrador, as well as any and all rules and regulations governing the conduct of candidates during the delegate selection process and the convention to choose the leader.

I also have attached hereto to this my nomination form the name of my Auditor and my Official Agent together with the official address for service of notices on my Auditor and my Official Agent.

Finally, I do hereby consent to my name being placed in nomination for Leadership of the Progressive Conservative Party of Newfoundland and Labrador at a Convention to be held on ____________________ at____________________ in the Province of Newfoundland and Labrador.

Dated this _______________ day of _______________, 20__.

_______________ CANDIDATE

_______________ WITNESS

---

FORM C - Official Agent Consent

TO:

Chief Electoral Officer

Leadership Convention

Progressive Conservative Party

of Newfoundland and Labrador

Dear

I, the undersigned hereby agree to serve as the Official Agent for _______________
in the forthcoming convention to choose a Leader of the Progressive Conservative Party of Newfoundland and Labrador.

I hereby confirm that I am a member in good standing of the Progressive Conservative Party of Newfoundland and Labrador.

I understand that as the Official Agent of the candidate I am responsible for the duties as outlined in the Rules governing the Convention.

The Official address for service of any documents and notices upon the candidate is:

Signed at _______________ this __ day of _______________, 20__.

_______________ WITNESS

_______________ OFFICIAL AGENT

---

FORM D - Auditor's Consent

TO:

Chief Electoral Officer

Leadership Convention

Progressive Conservative Party

of Newfoundland and Labrador

Dear

I, the undersigned, hereby agree to serve as Auditor for _______________
in the forthcoming Convention to choose a Leader of the Progressive Conservative Party of Newfoundland and Labrador.

I understand that as the Auditor of the candidate, I am responsible for the duties as outlined in the rules governing the Convention.

The official address for service of any documents and notices upon the Auditor is:

Signed at _______________ this __ day of _______________, 20__.

_______________ WITNESS

_______________ AUDITOR

---

FORM E - Monthly Return

OFFICIAL AGENT'S MONTHLY RETURN FOR _______________.

PROGRESSIVE CONSERVATIVE LEADERSHIP CONVENTION

Name of Candidate: _______________

Name of Official Agent: _______________

Total campaign contributions: _______________

(Schedule "A")

LESS

Campaign Expenses: _______________

(Schedule "B")

I, _______________, a candidate for the Leadership of the Progressive Conservative Party of Newfoundland and Labrador, hereby make oath and say that the within return represents to the best of my knowledge, information and belief a true record of the contributions and campaign expenses, in accordance with the campaign expense rules of the Convention, made with respect to my campaign for the Leadership of the Progressive Conservative Party of Newfoundland and Labrador.

SWORN TO at _______________ in the Province of Newfoundland and Labrador this __ day _______________, 20__.

_______________ CANDIDATE

_______________ COMMISSIONER OF OATHS

I, _______________, Official Agent for _______________, a candidate for the Leadership of the Progressive Conservative Party of Newfoundland and Labrador make oath and say that the within return represents to the best of my knowledge, information and belief a true record of the contributions and campaign expenses in accordance with the campaign expense rules of the convention, made with respect to the campaign of ___________________ for the Leadership of the Progressive Conservative Party of Newfoundland and Labrador.

SWORN TO at _______________ in the Province of Newfoundland and Labrador this __ day of _______________, 20__.

_______________ OFFICIAL AGENT

_______________ COMMISSIONER OF OATHS

---

SCHEDULE 'A' - Contributions

NAME	DATES	DETAILED DESCRIPTION	VALUE/AMOUNT

TOTAL: _______________

---

SCHEDULE 'B' - Campaign Expenses

PAYEE	DATE	EXPENSE ITEM	CHEQUE #	VALUE/AMOUNT

TOTAL: _______________