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2002 Legislative Session: 3rd Session, 37th Parliament

FIRST READING

The following electronic version is for informational

purposes only.

The printed version remains the official version.

HONOURABLE GEOFF PLANT

ATTORNEY GENERAL AND MINISTER

RESPONSIBLE FOR TREATY NEGOTIATIONS

BILL 59 – 2002

ELECTION STATUTES AMENDMENT ACT, 2002

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

Election Act

Section 1 of the Election Act, R.S.B.C. 1996, c. 106, is amended

(

a) by repealing the

definitions of "election advertising limit" and

"opinion survey" , and

(

b) by repealing the definition of "volunteer" and substituting the following:

"volunteer" means, in relation to services, an individual providing the services as described in

section 180 (5) (a);

Section 180 (5) (

a) is repealed and the following substituted:

(

a) services provided by a volunteer, being an individual who

(

i) voluntarily performs the services, and

(ii) receives no compensation, directly or indirectly, in relation to the services or the time spent providing the services; .

Section 186 is amended by adding the following subsection:

(4) A charitable organization must not make a political contribution.

Section 215 (2) (d) (iii) is repealed and the following substituted:

(iii) exceeded the applicable election expenses limit.

Section 228 is amended by repealing the definition of "election opinion survey" .

Section 229 (1) is repealed and the following substituted:

(1) For the purposes of this Part, the sponsor of election advertising is whichever of the following is applicable:

(

a) the individual or organization who pays for the election advertising to be conducted;

(

b) if the services of conducting the advertising are provided without charge as a contribution, the individual or organization to whom the services are provided as a contribution;

(

c) if the individual or organization that is the sponsor within the meaning of paragraph (

a) or (

b) is acting on behalf of another individual or organization, the other individual or organization.

Section 235 is repealed.

8 Division 2 of

Part 11 is repealed.

Section 240 (3) (b) (

i) is repealed and the following substituted:

(

i) is not prohibited from being registered by

section 247, and .

Section 264 (1) (

f) and (

g) is repealed.

Section 278 (1) is amended by striking out ", 237 (1) (b)" .

Section 283 (

d) is repealed.

Recall and Initiative Act

Section 1 (1) of the Recall and Initiative Act, R.S.B.C. 1996, c. 398, is amended

(

a) in the definition of "advertising limit" by striking out

"or 140 (2), as applicable" , and

(

b) by repealing the definition of "recall opinion survey" .

Section 116 is amended by adding the following subsection:

(3) A charitable organization must not make a recall contribution.

Section 121 (1) is repealed and the following substituted:

(1) An individual or organization who is not an authorized participant must not incur a recall expense other than a recall advertising expense.

Section 134 is repealed and the following substituted:

Recall advertising

134 For the purposes of this Act, recall advertising is advertising used during a recall petition period to promote or oppose, directly or indirectly, the recall of the Member who is the subject of the petition.

Section 135 (1) is repealed and the following substituted:

(1) For the purposes of this Part, the sponsor of recall advertising is whichever of the following is applicable:

(

a) the individual or organization who pays for the recall advertising to be conducted;

(

b) if the services of conducting the advertising are provided without charge as a contribution, the individual or organization to whom the services are provided as a contribution;

(

c) if the individual or organization who is the sponsor within the meaning of paragraph (

a) or (

b) is acting on behalf of another individual or organization, the other individual or organization.

Section 139 is repealed.

19 Division 2 of

Part 8 is repealed.

Section 161 (1) is amended

(

a) in paragraph (

f) by striking out "or

section 139 respecting the publication of a recall opinion survey" , and

(

b) in paragraph (

g) by striking out "or 140" .

Explanatory Notes

Election Act

SECTION 1: [Election Act, amends

section 1] is consequential to

the repeal of the limit on third party election advertising, and

the re-enactment of

section 180 (5) (a).

SECTION 2: [Election Act, repeals and replaces

section 180 (5) (a)] removes a provision

which deemed services that would otherwise be considered a political contribution

to be volunteer services if they were provided by a person working for

his or her employer at the person's usual pay rate.

SECTION 3: [Election Act, adds

section 186 (4)] prohibits charitable organizations from

making political contributions.

SECTION 4: [Election Act, repeals and replaces

section 215 (2) (d) (iii)] repeals a

provision that required the reporting of persons who exceeded the limit on third

party election advertising.

SECTION 5: [Election Act, amends

section 228] repeals a definition relating to restrictions

on the publication of election opinion surveys.

SECTION 6: [Election Act, repeals and replaces

section 229 (1)] removes references to the

sponsors of election opinion surveys.

SECTION 7: [Election Act, repeals

section 235] repeals the

section that established restrictions

on the publication of election opinion surveys.

SECTION 8: [Election Act, repeals Division 2 of

Part 11] repeals the Division that established

spending limits on third party election advertising.

SECTION 9: [Election Act, repeals and replaces

section 240 (3) (b) (i)] removes a reference

to spending limits on third party election advertising.

SECTION 10: [Election Act, repeals

section 264 (1) (

f) and (g)] repeals the provisions that

established offences in relation to opinion survey publication and spending

limits on third party election advertising.

SECTION 11: [Election Act, amends

section 278 (1)] removes a reference to spending limits

on third party election advertising.

SECTION 12: [Election Act, repeals

section 283 (d)] removes a regulation-making authority

in relation to opinion surveys.

Recall and Initiative Act

SECTION 13: [Recall and Initiative Act, amends

section 1 (1)] is consequential to

removing the restrictions on third party recall advertising, and

removing the requirement for specified information to be published with opinion surveys respecting recall proposals.

SECTION 14: [Recall and Initiative Act, adds

section 116 (3)] prohibits charitable organizations

from making recall contributions.

SECTION 15: [Recall and Initiative Act, repeals and replaces

section 121 (1)] removes a

reference to the limited authority for third party recall advertising.

SECTION 16: [Recall and Initiative Act, re-enacts

section 134] removes references to recall

opinion surveys.

SECTION 17: [Recall and Initiative Act, repeals and replaces

section 135 (1)] removes

references to recall opinion surveys.

SECTION 18: [Recall and Initiative Act, repeals

section 139] repeals the provision

respecting publication requirements for recall opinion surveys.

SECTION 19: [Recall and Initiative Act, repeals Division 2 of

Part 8] repeals the Division

that established spending limits on third party recall advertising.

SECTION 20: [Recall and Initiative Act, amends

section 161 (1) (

f) and (g)] eliminates

offences in relation to recall opinion survey publication and spending limits on

third party recall advertising.

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