Copyright © Queen's Printer,

Victoria, British Columbia, Canada

Licence

Disclaimer

Volume 57, No. 11

106/2014

The British Columbia Gazette,

Part II

June 17, 2014

B.C. Reg. 106/2014 , deposited June 4, 2014, under the LOCAL GOVERNMENT ACT [sections 156 (2) (a.1) and 210 (6)], the VANCOUVER CHARTER [sections 128 (2) (a.1) and 140 (6)] and the LOCAL ELECTIONS CAMPAIGN FINANCING ACT [section 100]. Order in Council 357/2014, approved and ordered June 3, 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 Government Elections Regulation, B.C. Reg. 380/93, is amended as set out in the attached

Schedule 1, and

(

b) the Local Elections Campaign Financing Regulation set out in the attached

Schedule 2 is made.

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

Schedule 1

Section 1 (1) of the Local Government Elections Regulation, B.C. Reg. 380/93, is amended by striking out “

section 210 (4) of the Local Government Act and

section 140 (5) of the Vancouver Charter ” and substituting “

section 210 (6) of the Local Government Act and

section 140 (6) of the Vancouver Charter ”.

Section 2 is amended

(

a) by renumbering the

section as

section 2 (2), and

(

b) by adding the following subsections:

(1) This

section applies in relation to the following that are held before the 2014 general local election:

(

a) assent voting;

(

b) an election.

(3) This

section is repealed on December 31,

Section 3 is amended by repealing paragraph (

f) and substituting the following:

Schedule 2

LOCAL ELECTIONS CAMPAIGN FINANCING REGULATION

Contents

Part 1 – General

Definition

Application

Prescribed elections

Anonymous contributor class

Classes of election expenses

Classes of election proceedings period expenses

Classes of third party advertising and classes of non-election assent voting advertising

Part 2 – Candidate and Elector Organization Campaign Financing

Attribution of shared election expenses

Permitted payments and deposits – candidate

Permitted deposits – elector organization

Candidate obligation if amount not returned

Campaign contribution information that must be recorded – candidate and elector organization

Part 3 – Third Party Election Advertising

Sponsorship contribution information that must be recorded – third party sponsor

Part 4 – Transparency Requirements for Local Elections and Assent Voting

Division 1 – Sponsorship of Election Advertising and Assent Voting Advertising

Advertising sponsorship information not required

Internet election advertising

Division 2 – Disclosure Requirements for Candidates

General information respecting candidate

Information respecting financial agents and campaign accounts of candidate

Information respecting candidate election expenses

Information respecting shared election expenses

Information respecting candidate election proceedings period expenses

Information respecting exclusions from candidate election proceedings period expenses

Information respecting campaign contributions to candidate

Information respecting candidate campaign account transactions

Information respecting property or services provided by jurisdiction

Additional disclosure requirements for endorsed candidates and candidates who sought endorsement

Division 3 – Disclosure Requirements for Elector Organizations

General information respecting elector organization

Information respecting endorsed candidates

Information respecting financial agents and campaign accounts of elector organization

Information respecting elector organization election expenses

Information respecting elector organization election proceedings period expenses

Information respecting exclusions from elector organization election proceedings period expenses

Information respecting campaign contributions to elector organization

Information respecting campaign contributions to individual who was never declared a candidate

Information respecting elector organization campaign account transactions

Information respecting transfers between candidates and elector organizations

Division 4 – Disclosure Requirements for Third Party Sponsors

General information respecting third party sponsor

Information respecting sponsored third party advertising

Information respecting third party sponsor’s own funds

Information respecting sponsorship contributions to third party sponsor

Information respecting third party advertising sponsored in combination

Limited disclosure for limited third party advertising

Division 5 – Disclosure Requirements for Non-Election Assent Voting Advertising Sponsors

General information respecting non-election assent voting advertising sponsor

Information respecting non-election assent voting advertising

Information respecting non-election assent voting advertising sponsor’s own funds

Information respecting sponsorship contributions to non-election assent voting advertising sponsor

Information respecting non-election assent voting advertising sponsored in combination

Limited disclosure for limited non-election assent voting advertising

Part 5 – Penalties for Failure to Comply with Disclosure Requirements

When candidate disqualification penalties for failure to disclose apply – other circumstances

Part 1 – General

Definition

1 In this regulation, “Act” means the Local Elections Campaign Financing Act .

Application

2 This regulation does not apply in relation to the following that are held before the 2014 general local election:

(

a) assent voting;

(

b) an election.

Prescribed elections

(1) For purposes of

section 1 (1) (i) [elections to which this Act applies] of the Act, the following elections are prescribed:

(

a) an election under The Cultus Lake Park Act for a commissioner;

(

b) an election under the Resort Municipality of Whistler Act for the mayor;

(

c) an election under the Resort Municipality of Whistler Act for a councillor;

(

d) an election under the Local Government Act for a rural water councillor as provided for by Order in Council 1870/89;

(

e) an election under the Local Government Act for a water councillor as provided for by Order in Council 1870/89.

(2) In relation to the paragraph of subsection (1) referred to in column 1 of the following table, for an election for the class of office referred to in column 2 of the table, the jurisdiction in relation to the election is that referred to in column 3 of the table and the local authority in relation to the election is that referred to in column 4 of the table:

Column 1

Paragraph

Column 2

Office

Column 3

Jurisdiction

Column 4

Local Authority

(

a) Commissioner

Cultus Lake Park Board

Cultus Lake Park Board

(

b) Mayor

Resort Municipality of Whistler

The council

(

c) Councillor

Resort Municipality of Whistler

The council

(

d) Rural Water Councillor

Town of Oliver

The council

(

e) Water Councillor

Town of Osoyoos

The council

Anonymous contributor class

4 For purposes of paragraph (

g) of the definition of “contributor class” in the

Schedule to the Act, the class of anonymous contributors is established consisting of contributors that make

(

a) an anonymous campaign contribution that has a value of $50 or less, or

(

b) an anonymous sponsorship contribution that has a value of $50 or less.

Classes of election expenses

5 The following classes of election expenses are established for purposes of complying with disclosure requirements for candidates and elector organizations in relation to election expenses:

(

a) advertising expenses for

(

i) brochures, pamphlets, flyers and similar forms of advertising,

(ii) newspaper, magazine, journal and similar forms of advertising,

(iii) radio,

(iv) signs, such as lawn signs and billboards, and similar forms of advertising,

(

v) television,

(vi) the internet, and

(vii) other forms of advertising not covered by subparagraphs (

i) to (vi);

(

b) expenses for any communication that an elector organization transmits exclusively to its members;

(

c) campaign administration expenses for

(

i) salaries and wages,

(ii) rent, insurance and utilities,

(iii) courier services and postage,

(iv) furniture and equipment,

(

v) office supplies,

(vi) professional services, and

(vii) other campaign administration items not covered by subparagraphs (

i) to (vi);

(

d) convention and similar meeting expenses;

(

e) expenses for campaign related functions not covered by paragraph (d);

(

f) research and polling expenses;

(

g) interest expenses;

(

h) personal election expenses;

(

i) other.

Classes of election proceedings period expenses

6 The classes of election expenses established under

section 5 [classes of election expenses] apply for purposes of complying with disclosure requirements for candidates and elector organizations in relation to election proceedings period expenses.

Classes of third party advertising and classes of non-election assent voting advertising

7 The following classes of third party advertising and classes of non-election assent voting advertising are established for purposes of complying with disclosure requirements for third party sponsors in relation to third party advertising and for assent voting advertising sponsors in relation to non-election assent voting advertising:

(

a) brochures, pamphlets, flyers and similar forms of advertising;

(

b) newspaper, magazine, journal and similar forms of advertising;

(

c) radio;

(

d) signs, such as lawn signs and billboards, and similar forms of advertising;

(

e) television;

(

f) the internet;

(

g) other.

Part 2 – Candidate and Elector Organization Campaign Financing

Attribution of shared election expenses

8 For purposes of

section 16 (6) [valuation rules for campaign contributions and election expenses] of the Act, the value of a shared election expense must be attributed to the participating candidates according to the value of each participating candidate’s election expense that that candidate must disclose under the Act.

Permitted payments and deposits – candidate

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

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

(2) A campaign account may be used for the payment described in subsection (1) of this

section only if the shared election expense is incurred with the consent of the financial agent of each participating candidate who must reimburse the financial agent of the participating candidate making that payment.

(3) For purposes of

section 18 (6) (

b) of the Act, the following may be deposited into a campaign account of the candidate:

(

a) in respect of a campaign account at a credit union, dividends of shares paid by the credit union;

(

b) a payment received from the financial agent of another participating candidate for reimbursement of an election expense that is a shared election expense;

(

c) if an expense referred to in

section 18 (5) (

g) of the Act is paid to acquire property or services to offer the property or services for purposes of obtaining funds for campaign use, an amount of money equal to the amount of the expense.

Permitted deposits – elector organization

10 For purposes of

section 20 (6) (b) [requirement for elector organization campaign account] of the Act, the following may be deposited into a campaign account of the elector organization:

(

a) in respect of a campaign account at a credit union, dividends of shares paid by the credit union;

(

b) if an expense referred to in

section 20 (5) (

f) of the Act is paid to acquire property or services to offer the property or services for purposes of obtaining funds for campaign use, an amount of money equal to the amount of the expense.

Candidate obligation if amount not returned

11 If

section 23 (6) [campaign transfers between candidates and elector organizations] of the Act applies, as soon as practicable following the end of the time for receiving additional nominations under

section 74 (2) [declaration of candidates] of the Local Government Act or

section 46 (2) of the Vancouver Charter , the candidate must provide to the elector organization the information required to be provided under

section 23 (6) of the Act.

Campaign contribution information that must be recorded – candidate and elector organization

12 For purposes of

section 29 (1) (f) [campaign contribution information that must be recorded] of the Act, if the contributor is an organization, the following information must be recorded:

(

a) if the organization has only one director, the full names and mailing addresses of that individual and an individual who is a principal official of the organization;

(

b) if the organization has no directors and only one principal official, the full names and mailing addresses of that individual and an individual who is a principal member of the organization;

(

c) if the organization has no directors and no principal officials, the full names and mailing addresses of at least 2 individuals who are principal members of the organization.

Part 3 – Third Party Election Advertising

Sponsorship contribution information that must be recorded – third party sponsor

13 For purposes of

section 36 (1) (f) [records of sponsorship contributions and sponsored advertising] of the Act, if the contributor is an organization, records of the following information must be maintained:

(

a) if the organization has only one director, the full names and mailing addresses of that individual and an individual who is a principal official of the organization;

(

b) if the organization has no directors and only one principal official, the full names and mailing addresses of that individual and an individual who is a principal member of the organization;

(

c) if the organization has no directors and no principal officials, the full names and mailing addresses of at least 2 individuals who are principal members of the organization.

Part 4 – Transparency Requirements for Local Elections and Assent Voting

Division 1 – Sponsorship of Election Advertising and Assent Voting Advertising

Advertising sponsorship information not required

14 The requirements under

section 44 [advertising must include sponsorship information] of the Act do not apply to the following forms of election advertising and non-election assent voting advertising:

(

a) clothing;

(

b) novelty items, including wearable novelty items such as buttons, badges, wrist bands and necklaces;

(

c) small items of nominal value that are intended for personal use.

Internet election advertising

(1) In this section:

“internet election advertising” means election advertising or assent voting advertising that is transmitted on the internet;

“required sponsorship information” means the information required to be included in election advertising or assent voting advertising under

section 44 (1) [advertising must include sponsorship information] of the Act.

(2) For purposes of

section 44 (1) of the Act, an individual or organization is not prohibited from sponsoring internet election advertising, or transmitting such advertising to the public, if

(

a) the internet election advertising includes a link that clearly indicates that the link will take the internet user to the required sponsorship information, and

(

b) the required sponsorship information is displayed once the internet user accesses the link in the internet election advertising.

Division 2 – Disclosure Requirements for Candidates

General information respecting candidate

(1) A candidate disclosure statement must include the following information respecting the candidate:

(

a) the full name of the candidate and, if this is different, the name used on the ballot;

(

b) the jurisdiction in relation to which and the office for which the individual was a candidate;

(

c) the required contact information for the candidate.

(2) If the jurisdiction referred to in subsection (1) (

b) is a regional district in relation to an election under the Local Government Act for an electoral area director on a regional district board and the regional district has more than one electoral area, the candidate disclosure statement must include the electoral area in relation to which the individual was a candidate.

(3) If the jurisdiction referred to in subsection (1) (

b) is the trust council in relation to an election under the Islands Trust Act for a local trust area trustee, the candidate disclosure statement must include the local trust area in relation to which the individual was a candidate.

(4) If the jurisdiction referred to in subsection (1) (

b) is a board of education in relation to an election under the School Act for a trustee on a board of education and the board of education has more than one trustee electoral area, the candidate disclosure statement must include the trustee electoral area in relation to which the individual was a candidate.

Information respecting financial agents and campaign accounts of candidate

17 A candidate disclosure statement must include the following information respecting financial agents and campaign accounts of the candidate:

(

a) the full name and required contact information for each individual who acted as financial agent for the candidate in relation to the election and, if the candidate appointed a financial agent, the effective date of the appointment as financial agent;

(

b) the name and address of the savings institution for each campaign account of the candidate.

Information respecting candidate election expenses

18 A candidate disclosure statement must include the following information respecting election expenses of the candidate:

(

a) the total value of the election expenses;

(

b) the total value of the election expenses in each class of election expenses;

(

c) if a total value of the election expenses is provided in respect of the class described in

section 5 (i) [classes of election expenses] , a description of the election expenses.

Information respecting shared election expenses

19 A candidate disclosure statement for a candidate who participated in a shared election expense must include the following information respecting the shared election expense:

(

a) in respect of a candidate who paid the total value or a portion of the total value of the shared election expense, the following:

(

i) the total value of that shared election expense;

(ii) if the candidate paid a portion of the total value of that shared election expense, the value of that portion;

(ii) the full names of the other participating candidates;

(

b) in respect of a participating candidate who reimbursed a candidate described in paragraph (a), the value of the reimbursement.

Information respecting candidate election proceedings period expenses

20 A candidate disclosure statement must include the following information respecting election proceedings period expenses of the candidate:

(

a) the total value of the election proceedings period expenses;

(

b) the total value of the election proceedings period expenses in each class of election expenses;

(

c) if a total value of the election proceedings period expenses is provided in respect of the class described in

section 5 (i) [classes of election expenses] , a description of the election proceedings period expenses.

Information respecting exclusions from candidate election proceedings period expenses

21 A candidate disclosure statement must include the following information respecting exclusions from election proceedings period expenses of the candidate:

(

a) the total value of exclusions under

section 15 (2) [what are election proceedings period expenses] of the Act;

(

b) the total value of each applicable exclusion described in

section 15 (2) of the Act.

Information respecting campaign contributions to candidate

22 A candidate disclosure statement must include the following information respecting campaign contributions received by the candidate:

(

a) the total value of the campaign contributions;

(

b) the total value of the campaign contributions in each contributor class, other than the anonymous contributor class;

(

c) the total value of the campaign contributions in the anonymous contributor class and the total number of contributors that made those contributions;

(

d) for each campaign contribution made by a significant contributor, the information referred to in

section 29 (1) [campaign contribution information that must be recorded] of the Act;

(

e) for each campaign contribution to which

section 28 [dealing with prohibited campaign contributions] of the Act applies, the information referred to in

section 29 (2) of the Act, other than the mailing address of an individual;

(

f) for campaign contributions not referred to in paragraph (c), (

d) or (

e) of this section, the total value of the campaign contributions received and the total number of contributors that made those contributions.

Information respecting candidate campaign account transactions

23 A candidate disclosure statement must include the following information respecting amounts, other than campaign contributions and election expenses, deposited into or paid from a campaign account of the candidate or transferred between campaign accounts of the candidate:

(

a) the amount and date of each payment under

section 24 (2), (3) or (4) [what happens if a candidate has surplus campaign funds] of the Act;

(

b) the amount and purpose of each deposit, transfer or payment under

section 18 (5) (a), (b), (

g) or (

h) or (6) [requirement for candidate campaign account] of the Act;

(

c) the amount, date and purpose of each transfer under

section 18 (5) (

c) of the Act;

(

d) the amount and purpose of each payment for an intended election expense that did not become an election expense;

(

e) the amount of each payment made from a campaign account for purposes of obtaining funds for campaign use.

Information respecting property or services provided by jurisdiction

24 A candidate disclosure statement must include the following information respecting property or services provided by the jurisdiction in relation to which an election is being held:

(

a) the amount and date of each payment under

section 24 (5) (a) [what happens if a candidate has surplus campaign funds] of the Act;

(

b) in relation to any free election advertising transmission referred to in

section 13 (6) (b) (ii) [campaign contributions to candidate or elector organization] of the Act,

(

i) the date the election advertising was transmitted to the public,

(ii) the specific means by which the election advertising was transmitted to the public, and

(iii) the jurisdiction that provided the election advertising.

Additional disclosure requirements for endorsed candidates and candidates who sought endorsement

(1) A candidate disclosure statement for a candidate who was endorsed by an elector organization must include the following information:

(

a) the name, abbreviation or acronym the elector organization used on the ballot;

(

b) if different from the information provided under paragraph (a), the legal name of the elector organization;

(

c) in relation to any transfer from the candidate to the elector organization under

section 23 (1) [campaign transfers between candidates and elector organizations] of the Act, the amount and date of each transfer;

(

d) in relation to any transfer from the elector organization to the candidate under

section 23 (2) of the Act, the amount and date of each transfer;

(

e) in relation to any transfer of non-monetary property and services between the candidate and the elector organization under

section 13 (6) (a) (ii) or (iii) [campaign contributions to candidate or elector organization] of the Act,

(

i) the value of the non-monetary property or services provided or received,

(ii) the date the non-monetary property or services were provided or received, and

(iii) a description of the non-monetary property or services provided or received.

(2) A candidate disclosure statement for a candidate who sought endorsement from an elector organization but was not endorsed must include the following information if property and services were transferred between the candidate and the elector organization:

(

a) the name, abbreviation or acronym the elector organization used on the ballot;

(

b) if different from the information provided under paragraph (a), the legal name of the elector organization;

(

c) in relation to any transfer from the elector organization to the candidate under

section 23 (4) (

a) or (5) [campaign transfers between candidates and elector organizations] of the Act, the amount and date of each transfer;

(

d) in relation to any transfer from the candidate to the elector organization under

section 23 (4) (

b) of the Act, the amount and date of each transfer.

Division 3 – Disclosure Requirements for Elector Organizations

General information respecting elector organization

(1) An elector organization disclosure statement must include the following information respecting the elector organization:

(

a) the name of the elector organization and, if this is different, the legal name of the elector organization;

(

b) if different from the information provided under paragraph (a), the name, abbreviation or acronym the elector organization used on the ballot;

(

c) the jurisdiction in relation to which the elector organization disclosure statement is being filed;

(

d) the full name and required contact information for the authorized principal official of the elector organization and the full names and mailing addresses of the other responsible principal officials of the elector organization.

(2) If the jurisdiction referred to in subsection (1) (

c) is a regional district in relation to an election under the Local Government Act for an electoral area director on a regional district board and the regional district has more than one electoral area, the elector organization disclosure statement must include the electoral area in relation to which the elector organization endorsed a candidate.

(3) If the jurisdiction referred to in subsection (1) (

c) is the trust council in relation to an election under the Islands Trust Act for a local trust area trustee, the elector organization disclosure statement must include the local trust area in relation to which the elector organization endorsed a candidate.

(4) If the jurisdiction referred to in subsection (1) (

c) is a board of education in relation to an election under the School Act for a trustee on a board of education and the board of education has more than one trustee electoral area, the elector organization disclosure statement must include the trustee electoral area in relation to which the elector organization endorsed a candidate.

Information respecting endorsed candidates

27 An elector organization disclosure statement must include the following information respecting a candidate endorsed by the elector organization:

(

a) the full name of the candidate in relation to whom the elector organization filed endorsement documents and, if this is different, the name the candidate used on the ballot;

(

b) the office for which the individual described in paragraph (

a) was a candidate.

Information respecting financial agents and campaign accounts of elector organization

28 An elector organization disclosure statement must include the following information respecting financial agents and campaign accounts of the elector organization:

(

a) the full name and required contact information for each individual who acted as financial agent for the elector organization in relation to the election and the effective date of the appointment as financial agent;

(

b) the name and address of the savings institution for each campaign account of the elector organization.

Information respecting elector organization election expenses

29 An elector organization disclosure statement must include the following information respecting election expenses of the elector organization:

(

a) the total value of the election expenses;

(

b) the total value of the election expenses in each class of election expenses;

(

c) if a total value of the election expenses is provided in respect of the class described in

section 5 (i) [classes of election expenses] , a description of the election expenses.

Information respecting elector organization election proceedings period expenses

30 An elector organization disclosure statement must include the following information respecting election proceedings period expenses of the elector organization:

(

a) the total value of the election proceedings period expenses;

(

b) the total value of the election proceedings period expenses in each class of election expenses;

(

c) if a total value of the election proceedings period expenses is provided in respect of the class described in

section 5 (i) [classes of election expenses] , a description of the election proceedings period expenses.

Information respecting exclusions from elector organization election proceedings period expenses

31 An elector organization disclosure statement must include the following information respecting exclusions from election proceedings period expenses of the elector organization:

(

a) the total value of exclusions under

section 15 (2) [what are election proceedings period expenses] of the Act;

(

b) the total value of each applicable exclusion described in

section 15 (2) of the Act.

Information respecting campaign contributions to elector organization

32 An elector organization disclosure statement must include the following information respecting campaign contributions received by the elector organization:

(

a) the total value of the campaign contributions;

(

b) the total value of the campaign contributions in each contributor class, other than the anonymous contributor class;

(

c) the total value of the campaign contributions in the anonymous contributor class and the total number of contributors that made those contributions;

(

d) for each campaign contribution made by a significant contributor, the information referred to in

section 29 (1) [campaign contribution information that must be recorded] of the Act;

(

e) for each campaign contribution to which

section 28 [dealing with prohibited campaign contributions] of the Act applies, the information referred to in

section 29 (2) of the Act, other than the mailing address of an individual;

(

f) for campaign contributions not referred to in paragraph (c), (

d) or (

e) of this section, the total value of the campaign contributions received and the total number of contributors that made those contributions.

Information respecting campaign contributions to individual who was never declared a candidate

33 If

section 23 (6) [campaign transfers between candidates and elector organizations] of the Act applies, an elector organization disclosure statement must include the following information respecting campaign contributions made to each individual who was never declared a candidate:

(

a) the total value of the campaign contributions;

(

b) the total value of the campaign contributions in each contributor class, other than the anonymous contributor class;

(

c) the total value of the campaign contributions in the anonymous contributor class and the total number of contributors that made those contributions;

(

d) for each campaign contribution made by a significant contributor, the information referred to in

section 29 (1) [campaign contribution information that must be recorded] of the Act;

(

e) for each campaign contribution to which

section 28 [dealing with prohibited campaign contributions] of the Act applies, the information referred to in

section 29 (2) of the Act, other than the mailing address of an individual;

(

f) for campaign contributions not referred to in paragraph (c), (

d) or (

e) of this section, the total value of the campaign contributions received and the total number of contributors that made those contributions.

Information respecting elector organization campaign account transactions

34 An elector organization disclosure statement must include the following information respecting amounts, other than campaign contributions and election expenses, deposited into or paid from a campaign account of the elector organization or transferred between campaign accounts of the elector organization:

(

a) the amount and date of each payment under

section 25 [what happens if an elector organization has surplus campaign funds] of the Act;

(

b) the amount and purpose of each deposit under

section 20 (6) (b) [requirement for elector organization campaign account] of the Act;

(

c) the amount and purpose of each payment for an intended election expense that did not become an election expense;

(

d) the amount of each payment made from a campaign account for purposes of obtaining funds for campaign use.

Information respecting transfers between candidates and elector organizations

35 An elector organization disclosure statement must include the following information respecting transfers of property or provision of services between a candidate and the elector organization:

(

a) in relation to any transfer from the candidate to the elector organization under

section 23 (1) and (4) (b) [campaign transfers between candidates and elector organizations] of the Act, the amount and date of each transfer and the full name of the candidate;

(

b) in relation to any transfer from the elector organization to the candidate under

section 23 (2), (4) (

a) or (5) of the Act, the amount and date of each transfer and the full name of the candidate;

(

c) in relation to any transfer of non-monetary property and services between the candidate and the elector organization that are excluded from being campaign contributions under

section 13 (6) (a) (ii) or (iii) [campaign contributions to candidate or elector organization] of the Act,

(

i) the value of the non-monetary property or services provided or received,

(ii) the date the non-monetary property or services were provided or received,

(iii) the full name of the candidate who provided or received the non-monetary property or services, and

(iv) a description of the non-monetary property or services provided or received.

Division 4 – Disclosure Requirements for Third Party Sponsors

General information respecting third party sponsor

(1) A third party sponsor disclosure statement must include the following information respecting the third party sponsor:

(

a) if the third party sponsor is an individual,

(

i) the full name of the individual and, if this is different, the usual name of the individual, and

(ii) the required contact information for the individual;

(

b) if the third party sponsor is an organization,

(

i) the name of the organization and, if this is different, the legal name of the organization,

(ii) any abbreviations, acronyms and other names of the organization, and

(iii) the full name and required contact information for the authorized principal official of the organization and the full names and mailing addresses of the other responsible principal officials of the organization;

(

c) if the third party sponsor is a candidate or an elector organization in relation to an election that is being held at the same time as the election for which the third party sponsor is a third party sponsor, the jurisdiction in relation to which the third party sponsor is a candidate or an elector organization.

(2) If the jurisdiction referred to in subsection (1) (

c) is a regional district in relation to an election under the Local Government Act for an electoral area director on a regional district board and the regional district has more than one electoral area, the third party sponsor disclosure statement must include the electoral area in relation to which the third party sponsor is a candidate or an elector organization.

(3) If the jurisdiction referred to in subsection (1) (

c) is the trust council in relation to an election under the Islands Trust Act for a local trust area trustee, the third party sponsor disclosure statement must include the local trust area in relation to which the third party sponsor is a candidate or an elector organization.

(4) If the jurisdiction referred to in subsection (1) (

c) is a board of education in relation to an election under the School Act for a trustee on a board of education and the board of education has more than one trustee electoral area, the third party sponsor disclosure statement must include the trustee electoral area in relation to which the third party sponsor is a candidate or an elector organization.

Information respecting sponsored third party advertising

(1) A third party sponsor disclosure statement must include the following information respecting sponsored third party advertising:

(

a) the total value of the third party advertising;

(

b) the total value of the third party advertising in each class of third party advertising;

(

c) if a total value of the third party advertising is provided in respect of the class described in

section 7 (g) [classes of third party advertising and classes of non-election assent voting advertising] , a description of the third party advertising;

(

d) the total value of the third party advertising that is directed advertising in each jurisdiction;

(

e) the total value of the third party advertising that is directed advertising in each class of third party advertising in each jurisdiction;

(

f) if a total value of the third party advertising that is directed advertising is provided in respect of the class described in

section 7 (g), a description of the third party advertising.

(2) If the jurisdiction referred to in subsection (1) (

d) or (

e) is a regional district in relation to an election under the Local Government Act for an electoral area director on a regional district board and the regional district has more than one electoral area, the third party sponsor disclosure statement must include the electoral area in relation to which the third party sponsor sponsored directed advertising.

(3) If the jurisdiction referred to in subsection (1) (

d) or (

e) is the trust council in relation to an election under the Islands Trust Act for a local trust area trustee, the third party sponsor disclosure statement must include the local trust area in relation to which the third party sponsor sponsored directed advertising.

(4) If the jurisdiction referred to in subsection (1) (

d) or (

e) is a board of education in relation to an election under the School Act for a trustee on a board of education and the board of education has more than one trustee electoral area, the third party sponsor disclosure statement must include the trustee electoral area in relation to which the third party sponsor sponsored directed advertising.

Information respecting third party sponsor’s own funds

38 A third party sponsor disclosure statement must include the total value of the third party sponsor’s own funds, other than funds received by way of a sponsorship contribution, used to pay for third party advertising.

Information respecting sponsorship contributions to third party sponsor

39 A third party sponsor disclosure statement must include the following information respecting sponsorship contributions received by the third party sponsor:

(

a) the total value of the sponsorship contributions;

(

b) the total value of the sponsorship contributions in each contributor class, other than the anonymous contributor class;

(

c) the total value of the sponsorship contributions in the anonymous contributor class and the total number of contributors that made those contributions;

(

d) for sponsorship contributions made by a significant contributor, the information referred to in

section 36 (1) [records of sponsorship contributions and sponsored advertising] of the Act;

(

e) for each sponsorship contribution to which

section 35 [dealing with prohibited sponsorship contributions] of the Act applies, the information referred to in

section 36 (2) of the Act, other than the mailing address of an individual;

(

f) for sponsorship contributions not referred to in paragraph (c), (

d) or (

e) of this section, the total value of the sponsorship contributions received and the total number of contributors that made those contributions.

Information respecting third party advertising sponsored in combination

40 A third party sponsor disclosure statement for a third party sponsor that sponsors third party advertising in combination with one or more other third party sponsors must include the following information:

(

a) the total value of the third party advertising;

(

b) the names of the other third party sponsors of that third party advertising as those names appear in the sponsorship information required under

section 44 (1) [advertising must include sponsorship information] of the Act.

Limited disclosure for limited third party advertising

41 Despite this Division, a third party sponsor disclosure statement for a third party sponsor to which

section 51 (3) [third party disclosure statement – information and other requirements] of the Act applies must include only the following:

(

a) the information listed in

section 36 [general information respecting third party sponsor] of this regulation;

(

b) a statement confirming that the total value of the third party advertising sponsored by the third party sponsor was less than $500.

Division 5 – Disclosure Requirements for Non-Election Assent Voting Advertising Sponsors

General information respecting non-election assent voting advertising sponsor

42 An assent voting advertising disclosure statement must include the following information respecting the assent voting advertising sponsor:

(

a) if the assent voting advertising sponsor is an individual,

(

i) the full name of the individual and, if this is different, the usual name of the individual, and

(ii) the required contact information for the individual;

(

b) if the assent voting advertising sponsor is an organization,

(

i) the name of the organization and, if this is different, the legal name of the organization,

(ii) any abbreviations, acronyms and other names of the organization, and

(iii) the full name and required contact information for the authorized principal official of the organization and the full names and mailing addresses of the other responsible principal officials of the organization.

Information respecting non-election assent voting advertising

43 An assent voting advertising disclosure statement must include the following information respecting non-election assent voting advertising sponsored by the assent voting advertising sponsor:

(

a) the total value of the non-election assent voting advertising;

(

b) the total value of the non-election assent voting advertising in each class of non-election assent voting advertising;

(

c) if a total value of the non-election assent voting advertising is provided in respect of the class described in

section 7 (g) [classes of third party advertising and classes of non-election assent voting advertising] , a description of the non-election assent voting advertising.

Information respecting non-election assent voting advertising sponsor’s own funds

44 An assent voting advertising disclosure statement must include the total value of the assent voting advertising sponsor’s own funds, other than funds received by way of a sponsorship contribution, used to pay for non-election assent voting advertising.

Information respecting sponsorship contributions to non-election assent voting advertising sponsor

45 An assent voting advertising disclosure statement for an assent voting advertising sponsor that sponsors non-election assent voting advertising must include the following information respecting sponsorship contributions received by the assent voting advertising sponsor:

(

a) the total value of the sponsorship contributions;

(

b) the total value of the sponsorship contributions in each contributor class, other than the anonymous contributor class;

(

c) the total value of the sponsorship contributions in the anonymous contributor class and the total number of contributors that made those contributions;

(

d) for sponsorship contributions made by a significant contributor, the information referred to in

section 36 (1) [records of sponsorship contributions and sponsored advertising] of the Act;

(

e) for each sponsorship contribution to which

section 35 [dealing with prohibited sponsorship contributions] of the Act applies, the information referred to in

section 36 (2) of the Act, other than the mailing address of an individual;

(

f) for sponsorship contributions not referred to in paragraph (c), (

d) or (

e) of this section, the total value of the sponsorship contributions received and the total number of contributors that made those contributions.

Information respecting non-election assent voting advertising sponsored in combination

46 An assent voting advertising disclosure statement for an assent voting advertising sponsor that sponsors non-election assent voting advertising in combination with one or more other assent voting advertising sponsors must include the following information:

(

a) the total value of the non-election assent voting advertising;

(

b) the names of the other assent voting advertising sponsors of that non-election assent voting advertising as those names appear in the sponsorship information required under

section 44 (1) [advertising must include sponsorship information] of the Act.

Limited disclosure for limited non-election assent voting advertising

47 Despite this Division, an assent voting advertising disclosure statement for an assent voting advertising sponsor to which

section 52 (3) [non-election assent voting advertising sponsor disclosure statement – information and other requirements] of the Act applies must include only the following:

(

a) the information listed in

section 42 [general information respecting non-election assent voting advertising sponsor] of this regulation;

(

b) a statement confirming that the total value of the non-election assent voting advertising sponsored by the assent voting advertising sponsor was less than $500.

Part 5 – Penalties for Failure to Comply with Disclosure Requirements

When candidate disqualification penalties for failure to disclose apply – other circumstances

48 For purposes of

section 64 (5) [disqualification penalties for failure to disclose] of the Act, a candidate becomes subject to the penalties under

section 64 of the Act as follows:

(

a) if an application for relief under

section 66 [application for relief in relation to disclosure requirements] of the Act is heard and dismissed before the penalties under

section 64 of the Act would otherwise apply under subsection (5) of that section, on the later of

(

i) the day after the compliance deadline, and

(ii) the day on which the application is dismissed;

(

b) if the petition for an application for relief under

section 66 of the Act has not been served as required, on the later of

(

i) the day after the compliance deadline, and

(ii) the date by which the petition is required to be served;

(

c) if an application for relief under

section 66 of the Act has not been set down for hearing as required, on the later of

(

i) the day after the compliance deadline, and

(ii) the date by which the application is required to be set down for hearing.

Copyright © 2014: Queen's Printer, Victoria, British Columbia, Canada