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Volume 57, No. 20

194/2014

The British Columbia Gazette,

Part II

November 4, 2014

B.C. Reg. 194/2014 , deposited October 27, 2014, under the LOCAL ELECTIONS CAMPAIGN FINANCING ACT [section 100] and the LOCAL ELECTIONS STATUTES AMENDMENT ACT, 2014 [section 192]. Order in Council 586/2014, approved and ordered October 24, 2014.

On the recommendation of the undersigned, the Lieutenant Governor, by and with the advice and consent of the Executive Council, orders that

(

a) the Local Elections Campaign Financing Regulation, B.C. Reg. 106/2014, is amended as set out in the attached

Schedule 1, and

(

b) the 2014 Local Elections Campaign Financing Transitional Regulation, B.C. Reg. 107/2014, is amended as set out in the attached

Schedule 2.

— C. OAKES, Minister of Community, Sport and Cultural Development ; S. CADIEUX, Presiding Member of the Executive Council .

Schedule 1

Section 3 of the Local Elections Campaign Financing Regulation, B.C. Reg. 106/2014, is amended

(

a) in subsection (1) by adding the following paragraph:

(

g) an election under the Local Government Act for a local community commissioner. , and

(

b) in subsection (2) by adding the following item to the table as indicated:

Column 1

Paragraph

Column 2

Office

Column 3

Jurisdiction

Column 4

Local Authority

(

g) Local Community Commissioner

The Regional District

The Board

Schedule 2

1 The 2014 Local Elections Campaign Financing Transitional Regulation, B.C. Reg. 107/2014, is amended by adding the following heading before

section 1:

Division 1 – Definition .

2 The following heading is added after

section 1:

Division 2 – Campaign Organizers .

3 The following Division is added:

Division 3 – Local Community Commissioner Candidates

Definitions

4.1 In this Division:

“local community commissioner candidate” means a candidate for the office of local community commissioner;

“recording requirements” means the applicable requirements and obligations under

section 22 [recording requirements, including records of campaign contributions, election expenses and transfers] of the Local Elections Campaign Financing Act .

Financial agents for local community commissioner candidates

4.2

(1) If, on the date this Division comes into force, an individual is a financial agent appointed by a local community commissioner candidate in relation to the 2014 general local election in accordance with the requirements of the former legislation, the individual

(

a) may continue to act as financial agent for the local community commissioner candidate until 14 days after the date this Division comes into force, and

(

b) must be appointed by the local community commissioner candidate, in accordance with the requirements of the new legislation on or before the date referred to in paragraph (

a) in order to continue to act as financial agent for the local community commissioner candidate.

(2) If the individual referred to in subsection (1) is not reappointed as financial agent for the local community commissioner candidate in accordance with the requirements of the new legislation on or before the date referred to in subsection (1) (a), the individual must, as soon as practicable, provide to the local community commissioner candidate for whom the individual was the financial agent all records and material that the individual has in relation to the election campaign of the local community commissioner candidate.

(3) If, on the date this Division comes into force, an individual is a financial agent appointed by a local community commissioner candidate in relation to the 2014 general local election in accordance with the requirements of the new legislation, the individual is deemed to have been appointed under the new legislation.

(4) An individual who contravenes subsection (2) commits an offence.

(5) Section 86 [lower penalty offences] of the Local Elections Campaign Financing Act applies to an offence under subsection (2).

Campaign accounts of local community commissioner candidates

4.3

(1) If, on the date this Division comes into force, a campaign account of a local community commissioner candidate includes

(

a) campaign contributions that were permitted under the former legislation but are not permitted under the new legislation, or

(

b) a transfer or deposit that was permitted under the former legislation but is not permitted under the new legislation,

the money may remain in the campaign account and be used in accordance with the new legislation.

(2) If, on the date this Division comes into a force, a local community commissioner candidate does not have a campaign account, the financial agent for the local community commissioner candidate must, as soon as practicable,

(

a) establish a campaign account, and

(

b) use best efforts to deposit into the campaign account all campaign contributions received or accepted before the date this Division comes into force.

Recording requirements in respect of local community commissioner candidates in the 2014 general local election

4.4

(1) For the purposes of applying the new recording requirements in relation to the 2014 general local election in respect of

(

a) campaign contributions received or accepted before the date this Division comes into force,

(

b) transfers made or accepted before the date this Division comes into force,

(

c) property or services as described in

section 13 (6) [campaign contributions to candidate or elector organization] of the Local Elections Campaign Financing Act transferred or provided before the date this Division comes into force, and

(

d) election expenses used or incurred before the date this Division comes into force,

the recording requirements are satisfied if the financial agent for the local community commissioner candidate uses best efforts to comply with the recording requirements.

(2) Section 22 (3) and (4) [recording requirements, including records of campaign contributions, election expenses and transfers] of the Local Elections Campaign Financing Act applies to records created under the former legislation in relation to the 2014 general local election.

(3) An individual who contravenes the provisions referred to in subsection (2) as they apply under that subsection commits an offence.

(4) Section 86 [lower penalty offences] of the Local Elections Campaign Financing Act applies to an offence under subsection (2).

Disclosure requirements in respect of local community commissioner candidates in the 2014 general local election

4.5 For the purposes of filing a disclosure statement or supplementary report under the Local Elections Campaign Financing Act in relation to the 2014 general local election in respect of

(

a) campaign contributions received or accepted before the date this Division comes into force,

(

b) campaign account transactions that occurred before the date this Division comes into force,

(

c) property or services as described in

section 13 (6) [campaign contributions to candidate or elector organization] of the Local Elections Campaign Financing Act transferred or provided before the date this Division comes into force,

(

d) election expenses used or incurred before the date this Division comes into force,

(

e) election proceedings period expenses used or incurred before the date this Division comes into force, and

(

f) exclusions from elections proceedings period expenses used or incurred before the date this Division comes into force,

the disclosure requirements are satisfied if the financial agent for the local community commissioner candidate uses best efforts to comply with the disclosure requirements.

4 The following heading is added before

section 5:

Division 4 – Miscellaneous Provisions .

Section 5.1 is amended by adding “ , including a local community commissioner candidate, ”, after “ a candidate ”.

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