Copyright © Queen's Printer,

Victoria, British Columbia, Canada

Licence

Disclaimer

Volume 60, No. 23

232/2017

The British Columbia Gazette,

Part II

December 19, 2017

B.C. Reg. 232/2017 , deposited December 12, 2017, under the LOCAL ELECTIONS CAMPAIGN FINANCING ACT [section 100 (2) and (4)] and the LOCAL ELECTIONS CAMPAIGN FINANCING AMENDMENT ACT, 2017 [section 33]. Order in Council 542/2017, approved and ordered December 12, 2017.

On the recommendation of the undersigned, the Lieutenant Governor, by and with the advice and consent of the Executive Council, orders that, effective October 31, 2017, the Local Elections Campaign Financing Expense Limit Regulation, B.C. Reg. 309/2016, is amended as set out in the attached Schedule.

— S. ROBINSON, Minister of Municipal Affairs and Housing ; M. MARK, Presiding Member of the Executive Council .

Schedule

Section 1 (1) of the Local Elections Campaign Financing Expense Limit Regulation, B.C. Reg. 309/2016, is amended by repealing the

definitions of “fundraising function” and “loan” .

2 Sections 4 and 10 are repealed.

3 The following

section is added:

Election expenses of candidates and elector organizations

10.1 As an exception to

section 14 (5) (a) [exclusions from election expenses] of the Act, the value of the use of the following property is an election expense of a candidate or elector organization, as applicable, in relation to an election if that property was used in a previous election campaign of that candidate or elector organization:

(

a) a sign, poster or banner;

(

b) other promotional material.

Section 12 is amended

(

a) by repealing subsection (1) and substituting the following:

(1) Subject to subsection (2) of this section, for the purposes of

section 18 (5) (h) [requirement for candidate campaign account] of the Act, a campaign account may be used for paying the total value or a portion of the total value of a shared election expense. ,

(

b) in subsection (2) by striking out “ subsection (1) (a) ” and substituting “ subsection (1) ”, and

(

c) by repealing subsection (3) (

d) and (

e) and substituting the following:

(

d) a payment by an eligible individual of $50 or less for one or more charges per individual for a fundraising function.

Section 13 is amended

(

a) by repealing subsection (1), and

(

b) by repealing subsection (2) (

c) and (

d) and substituting the following:

(

c) a payment by an eligible individual of $50 or less for one or more charges per individual for a fundraising function.

6 Sections 15 to 18 are repealed.

Section 22 is repealed.

8 Division 2 of

Part 5 is repealed.

Section 35 is amended

(

a) in paragraph (

b) by striking out “ in each contributor class, other than the anonymous contributor class ” and substituting “ , other than anonymous campaign contributions ”,

(

b) in paragraph (

c) by striking out “ the campaign contributions in the anonymous contributor class ” and substituting “ anonymous campaign contributions ”,

(

c) in paragraph (

e) by striking out “ other than the mailing address of an individual ” and substituting “ other than the address of an individual ”, and

(

d) by adding the following paragraphs:

(

g) if

section 30.05 (7) (a) [campaign contributions – elector organizations and endorsed candidates] of the Act applies,

(

i) the date the financial agent returned the campaign contribution,

(ii) the amount of the campaign contribution, and

(iii) the full name of the contributor;

(

h) if

section 30.05 (7) (

b) of the Act applies,

(

i) the date the financial agent made the payment,

(ii) the amount of the payment, and

(iii) the full name of the contributor.

10 The following

section is added:

Information respecting fundraising functions – candidate

35.1 A candidate disclosure statement must include the following information respecting a fundraising function held by or on behalf of the candidate:

(

a) a description of the fundraising function;

(

b) the date the fundraising function was held;

(

c) the charge per individual for the fundraising function;

(

d) the total value of the campaign contributions made through payments of charges per individual for the fundraising function and the total number of eligible individuals who made those contributions;

(

e) the total value of payments of $50 or less for charges per individual for the fundraising function and the total number of eligible individuals who made those payments.

Section 36 is amended

(

a) by repealing paragraph (d),

(

b) by adding the following paragraph:

(d.1) the amount and date of each payment on a permissible loan under

section 18 (5) (g.1) of the Act; ,

(

c) in paragraph (

f) by striking out “ loan ” and substituting “ permissible loan ”,

(

d) by adding the following paragraph:

(g.1) the amount and date of each deposit under

section 18 (6) (a.1) of the Act; , and

(

e) in paragraph (

h) by striking out “ , other than a loan ”.

Section 37 (2) is repealed.

13 The following

section is added:

Information respecting loans to candidates

37.1 A candidate disclosure statement must include the following information respecting a loan made to the candidate for campaign use:

(

a) if the candidate accepted the loan in contravention of

section 27.02 (1) or (2) [restrictions on loans for campaign use] of the Act,

(

i) the circumstances in which the loan was accepted,

(ii) the information required under

section 22 (1.1) [recording requirements for loans] of the Act, other than the residential address of the lender, and

(iii) when and how the loan was dealt with in accordance with

section 27.02 (3) of the Act;

(

b) if

section 30.05 (7) (c) [campaign contributions – elector organizations and endorsed candidates] of the Act applies,

(

i) the date the financial agent paid the amount of the permissible loan,

(ii) the amount of the permissible loan paid, and

(iii) if the lender is an eligible individual, the full name of the lender.

Section 39 (

c) is repealed.

Section 46 is amended

(

a) in paragraph (

b) by striking out “ in each contributor class, other than the anonymous contributor class ” and substituting “ , other than anonymous campaign contributions ”,

(

b) in paragraph (

c) by striking out “ the campaign contributions in the anonymous contributor class ” and substituting “ anonymous campaign contributions ”,

(

c) in paragraph (

e) by striking out “ other than the mailing address of an individual ” and substituting “ other than the address of an individual ”, and

(

d) by adding the following paragraphs:

(

g) if

section 30.05 (5) (a) [campaign contributions – elector organizations and endorsed candidates] of the Act applies,

(

i) the date the financial agent returned the campaign contribution,

(ii) the amount of the campaign contribution, and

(iii) the full name of the contributor;

(

h) if

section 30.05 (5) (

b) of the Act applies,

(

i) the date the financial agent made the payment,

(ii) the amount of the payment, and

(iii) the full name of the contributor.

16 The following

section is added:

Information respecting fundraising functions – elector organizations

46.1 An elector organization disclosure statement must include the following information respecting a fundraising function held by or on behalf of the elector organization:

(

a) a description of the fundraising function;

(

b) the date the fundraising function was held;

(

c) the charge per individual for the fundraising function;

(

d) the total value of the campaign contributions made through payments of charges per individual for the fundraising function and the total number of eligible individuals who made those contributions;

(

e) the total value of payments of $50 or less for charges per individual for the fundraising function and the total number of eligible individuals who made those payments.

Section 47 is repealed.

Section 48 is amended

(

a) by repealing paragraph (

b) and substituting the following:

(

b) the amount and date of each payment on a permissible loan under

section 20 (5) (f.1) [requirement for elector organization campaign account] of the Act; ,

(

b) by adding the following paragraph:

(b.1) the amount and date of each deposit under

section 20 (6) (a.1) of the Act; ,

(

c) in paragraph (

c) by striking out “ , other than a loan ”,

(

d) by repealing paragraph (d), and

(

e) in paragraph (

f) by striking out “ loan ” and substituting “ permissible loan ”.

Section 50 is repealed and the following substituted:

Information respecting loans to elector organizations

50 An elector organization disclosure statement must include the following information respecting a loan made to the elector organization for campaign use:

(

a) if the elector organization accepted the loan in contravention of

section 27.02 (1) or (2) [restrictions on loans for campaign use] of the Act,

(

i) the circumstances in which the loan was accepted,

(ii) the information required under

section 22 (1.1) [recording requirements for loans] of the Act, other than the residential address of the lender, and

(iii) when and how the loan was dealt with in accordance with

section 27.02 (3) of the Act;

(

b) if

section 30.05 (5) (c) [campaign contributions – elector organizations and endorsed candidates] of the Act applies,

(

i) the date the financial agent paid the amount of the permissible loan,

(ii) the amount of the permissible loan paid, and

(iii) if the lender is an eligible individual, the full name of the lender.

Section 54 is amended

(

a) in paragraph (

b) by striking out “ in each contributor class, other than the anonymous contributor class ” and substituting “ , other than anonymous sponsorship contributions ”,

(

b) in paragraph (

c) by striking out “ the sponsorship contributions in the anonymous contributor class ” and substituting “ anonymous sponsorship contributions ”, and

(

c) in paragraph (

e) by striking out “ other than the mailing address of an individual ” and substituting “ other than the address of an individual ”.

21 The following

section is added:

Information respecting loans to third party sponsors

54.1 A third party sponsor disclosure statement must include the following information if the third party sponsor accepted a loan in contravention of

section 34.03 (1) [restrictions on loans for sponsorship use] of the Act:

(

a) the circumstances in which the loan was accepted;

(

b) when and how the loan was dealt with in accordance with

section 34.03 (2) of the Act;

(

c) the information required under

section 36 (2.1) [records of sponsorship contributions – loans] of the Act, other than the residential address of the lender.

Section 60 is amended

(

a) in paragraph (

b) by striking out “ in each contributor class, other than the anonymous contributor class ” and substituting “ , other than anonymous sponsorship contributions ”,

(

b) in paragraph (

c) by striking out “ the sponsorship contributions in the anonymous contributor class ” and substituting “ anonymous sponsorship contributions ”, and

(

c) in paragraph (

e) by striking out “ other than the mailing address of an individual ” and substituting “ other than the address of an individual ”.

23 The following

section is added:

Information respecting loans to non-election assent voting advertising sponsors

60.1 An assent voting advertising disclosure statement must include the following information if the assent voting advertising sponsor accepted a loan in contravention of

section 34.03 (1) [restrictions on loans for sponsorship use] of the Act:

(

a) the circumstances in which the loan was accepted;

(

b) when and how the loan was dealt with in accordance with

section 34.03 (2) of the Act;

(

c) the information required under

section 36 (2.1) [records of sponsorship contributions – loans] of the Act, other than the residential address of the lender.

24 The following Division is added to

Part 5:

Division 7 – Public Access to Disclosure Information

Public access to information in disclosure statements

62.1 As an exception to

section 58 (1) (

a) and (b) [public access to disclosure information – Elections BC responsibilities] of the Act, if a disclosure statement or supplementary report contains, in relation to a permissible loan, the residential address of an eligible individual, the BC chief electoral officer must not make that address publicly available or have a copy of that address available for public inspection at the Elections BC office.

25 The following

Part is added:

Part 5.1 – Campaign Contribution Limits

Campaign contribution limits applicable to candidates in 2018

62.2

(1) This

section applies to campaign contribution limits for 2018 in relation to the 2018 general local election.

(2) Despite

section 30.01 (1) [campaign contribution limits for 2017 and 2018] of the Act, a campaign contribution limit of $2 400

(

a) is established for a candidate who is not endorsed by an elector organization in relation to an election campaign of the candidate, and

(

b) is applicable only to the unendorsed candidate in respect of campaign contributions made by that candidate for use in that candidate's own election campaign.

(3) In addition to the campaign contribution limit established in

section 30.01 (2) of the Act, a campaign contribution limit of $1 200

(

a) is established for an elector organization in relation to an election campaign of the elector organization, and

(

b) is applicable, collectively, to all the candidates endorsed by the elector organization in relation to that election campaign in respect of campaign contributions made by those candidates for use in that election campaign.

Copyright © 2017: Queen's Printer, Victoria, British Columbia, Canada