2016 Legislative Session: 5th Session, 40th Parliament

FIRST READING

The following electronic version is for informational purposes only.

The printed version remains the official version.

MS. VICKI HUNTINGTON

BILL M 211 – 2016

ELECTION FINANCE AMENDMENT ACT, 2016

This Act amends the Election Act , the Income Tax Act and the Local Elections Campaign Financing Act by restricting political contributions to donations made by individual residents of British Columbia. It also introduces

contribution limits of $1,500 for both provincial and municipal elections. It reduces the perception of a conflict of interest

or preferential treatment by candidates or political parties toward large financial supporters by setting donation limits

and eliminating corporate, union, and out-of-province donations.

HER MAJESTY, by and with the advice and consent of the Legislative Assembly of the Province of British Columbia, enacts as follows:

Section 182 of the Election Act, R.S.B.C. 1996, c. 106, is amended in subsection (2) (

a) by striking out " a political contribution " and substituting " prohibited ".

Section 186 is amended in subsections (1) and (2) by striking out " individual or organization " and substituting " individual ".

3 The following

section is added:

Ineligible contributors

186.1

(1) No person or entity other than an individual who is a resident of British Columbia in accordance with

section 32 of this

Act shall make a political contribution as defined in

section 180 of this Act.

4 The following

section is added:

Limits on contributions

187.1

(1) No individual shall make contributions that exceed

(a) $1,500 in total in any calendar year to a particular registered political party;

(b) $1,500 in total in any calendar year to the registered constituency associations, nomination contestants and candidates

of a particular registered political party;

(c) $1,500 in total in any calendar year to a candidate who is not the candidate of a registered political party, or to a

registered constituency association of an independent member of the Legislative Assembly;

(d) $1,500 in total to the leadership contestants in a particular leadership contest.

(2) The following contributions shall not be taken into account in calculating contributions for the purposes of subsection

(1):

(

a) contributions that do not exceed $1,500 in total by a nomination contestant or candidate of a registered party out of

his or her own funds to his or her own campaign as a nomination contestant or candidate;

(

b) contributions that do not exceed $1,500 in total by a candidate for a particular election who is not the candidate of

a registered party out of his or her own funds to his or her own campaign; and

(

c) contributions that do not exceed $1,500 in total by a leadership contestant in a particular leadership contest out of

his or her own funds to his or her own campaign.

(3) For the purposes of this Act, contributions made to a leadership contestant within 18 months after a leadership contest

are deemed to be contributions for that contest.

Section 190 is amended:

(

a) in subsection (1) by repealing paragraphs (

d) and (e); and

(

b) by repealing subsection (2).

Income Tax Act

Section 20 of the Income Tax Act, R.S.B.C. 1996, c. 215, is amended by repealing subsection (4).

Local Elections Financing Act

7 The Local Elections Campaign Financing Act, S.B.C. 2014, c. 18, is amended by repealing

section 26 and substituting the

following:

Restrictions on making campaign contributions

(1) An individual must not do any of the following:

(

a) make a campaign contribution to a candidate or elector organization other than by making it to the financial agent or

an individual authorized in writing by the financial agent to receive such contributions;

(

b) make contributions that exceed $1,500 in a calendar year to an elector organization or candidate;

(

c) make an anonymous campaign contribution that has a value of more than $50;

(

d) make a number of anonymous campaign contributions to the same candidate in relation to one or more election campaigns

of the candidate for elections that are being held at the same time if, in total, the campaign contributions would be equal

in value to more than $50;

(

e) make a number of anonymous campaign contributions to the same elector organization in relation to one or more election

campaigns of the elector organization for elections that are being held at the same time if, in total, the campaign contributions

would be equal in value to more than $50;

(

f) make a campaign contribution, other than an anonymous campaign contribution that is permitted under this Act, without

disclosing to the individual receiving the campaign contribution the information required to be recorded under

section 29

[campaign contribution information that must be recorded] ;

(

g) make a campaign contribution with money, non-monetary property or services of another individual or organization;

(

h) make a campaign contribution indirectly by giving money, non-monetary property or services to an individual

(

i) for the individual to make as a campaign contribution, or

(ii) as consideration for that individual making a campaign contribution.

(2) Except as permitted by regulation, an elector organization must not make a campaign contribution of money to its own

campaign or to the campaign of a candidate who is or is intended to be endorsed by the elector organization.

(3) Only individuals who are residents of British Columbia as defined under

section 26.1 may make campaign contributions.

(4) For greater certainty, contributor classes (

b) to (

g) are prohibited from making campaign contributions.

(5) An individual or organization that contravenes this

section commits an offence.

8 The following

section is added:

Rules for determining where an individual is resident

26.1

(1) The following rules apply to determine for the purposes of this Act the place where an individual is resident:

(

a) an individual is a resident of the place where the individual lives and to which, whenever absent, the individual intends

to return;

(

b) an individual may be the resident of only one place at a time for the purposes of this Act;

(

c) an individual does not change the place where the individual is a resident until the individual has a new place where

the individual is a resident;

(

d) an individual does not cease being a resident of a place by leaving the place for temporary purposes only.

(2) Without limiting subsection (1) (d), a temporary purpose within the meaning of that subsection includes being absent

from British Columbia

(

a) while the individual is engaged in the service of the government of British Columbia or Canada,

(

b) as the spouse of an individual referred to in paragraph (a), or

(

c) as an individual who is in a child-parent relationship with an individual referred to in paragraph (

a) or (

b) and who

is accompanying that individual for this reason.

(3) As an exception to subsection (1), if for the purposes of attending an educational institution an individual establishes

a new place where the individual is a resident that is away from the usual place where the individual is a resident, the individual

may choose for the purposes of this Act either the usual place or the new place as the place where the individual is a resident.

(4) As an exception to subsection (1), an individual who is imprisoned in a penal institution is not by that imprisonment

a resident of the place where the penal institution is located, but instead is deemed for the purposes of this Act to be a

resident of whichever of the following the individual chooses:

(

a) the place where the individual was a resident before being imprisoned; or

(

b) the place where a spouse, parent or dependant of the individual is a resident within the meaning of subsection (1).

(5) Temporary residential quarters are considered to be an individual’s place of residence only if the individual has no

other place that the individual considers to be his or her residence.

(6) For the purposes of this Act, an individual who has no dwelling place may consider a shelter, hostel or similar institution

that provides food, lodging or other social services to be his or her residence.

9 The

schedule is amended by repealing paragraph (

a) of the definition for " contributor class " and substituting the following:

(

a) individuals who are residents of British Columbia as defined under

section 26.1;

Commencement

(1) Sections 4, 6 and 7 of this Act come into force on January 1, 2017.

(2) All other sections come into force on Royal Assent.

Explanatory Note

This Act amends the Election Act , the Income Tax Act and the Local Elections Campaign Financing Act by restricting political contributions to donations made by individual residents of British Columbia. It also introduces

contribution limits of $1,500 for both provincial and municipal elections. It reduces the perception of a conflict of interest

or preferential treatment by candidates or political parties toward large financial supporters by setting donation limits

and eliminating corporate, union, and out-of-province donations.

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c) Queen’s Printer, Victoria, British Columbia, Canada