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View Complete Statute

This Act is current to June 30, 2026

See the Tables of Legislative Changes for this Act’s legislative history, including any changes not in force.

Recall and Initiative Act

[RSBC 1996]

CHAPTER 398

Contents

Part 1 — Introductory Provisions

Definitions

Part 2 — Legislative Initiatives

Division 1 — Initiative Petition

Subject matter of legislative proposals

Application for initiative petition

Issue of initiative petition

Who may sign an initiative petition

Who may canvass for signatures

Requirements for initiative petition

7.01

Continuation of petition if an electoral district is disestablished or changed

7.1

Renumbered

Time limit for determination

Division 2 — Select Standing Committee

Select standing committee

Referral of initiative to select standing committee

Duty of select standing committee

Effect of report by select standing committee

Division 3 — Initiative Vote

Initiative vote

Initiative voting day every 3 years

Determination of successful initiative vote

Effect of successful initiative vote

Division 4 — Effect of General Election

Suspension of petition process during general election

General election after petition sent to select standing committee

Part 3 — Recall

Division 1 — Recall Petition

Application for recall petition

Issue of recall petition

20.01

No more than one current recall petition respecting Member

Who may sign a recall petition

Who may canvass for signatures

Requirements for recall petition

Time limit for determination

24.01

Report of unsuccessful recall petition

Result of successful recall petition

Division 2 — By-election

Election

Prohibition on multiple elections with respect to the same electoral district

Application of Election Act

Part 4 — Initiative Petition Financing

Division 1 — Authorized Participants and Financial Agents

Authorized participants must have financial agent

Financial agent for proponent

Application to become an opponent of an initiative petition

Financial agents for opponents

Notice to opponent groups

General obligations of financial agent

Assistant financial agent

Division 2 — Initiative Petition Contributions and Expenses

Initiative petition contributions generally

Initiative petition contributions through loans and debts

Initiative petition contributions through fundraising functions

Initiative petition expenses

General valuation rules

Division 3 — Making and Accepting Initiative Petition Contributions

Restrictions on making initiative petition contributions

Restrictions on accepting initiative petition contributions

Limits on anonymous contributions

Prohibited contributions must be returned

Financial agent must record each initiative petition contribution

Division 4 — Initiative Petition Expenses

Restrictions on who may incur initiative petition expenses

Initiative petition expenses in excess of limit prohibited

Initiative petition expenses limit

Division 5 — Reporting

Reporting of information regarding initiative petition contributions

Initiative petition financing report

Publication of financing

summary

Division 6 — Penalties for Failure to Comply

Publication of failure to comply

Effect of incurring expenses over limit

Court order for relief from expenses limit

Late filing of required reports

Failure to file initiative petition financing report

Court order for relief from filing obligations

False or misleading reports relating to an initiative petition

Part 5 — Initiative Vote Financing

Division 1 — Authorized Participants and Financial Agents

Authorized participants must have financial agent

Notice to proponent and opponents for initiative petition

Financial agent for petition proponent

Financial agents for other proponents

Financial agents for opponents

Obligations and authority of financial agents and assistant financial agents

Division 2 — Initiative Vote Contributions and Expenses

Initiative vote contributions

Initiative vote expenses

General valuation rules

Division 3 — Making and Accepting Initiative Vote Contributions

Restrictions on making and accepting initiative vote contributions

Limits on anonymous contributions

Prohibited contributions must be returned

Financial agent must record each initiative vote contribution

Division 4 — Initiative Vote Expenses

Restrictions on who may incur initiative vote expenses

Initiative vote expenses in excess of limit prohibited

Initiative vote expenses limit

Division 5 — Reporting

Reporting of information regarding initiative vote contributions

Initiative vote financing report

Publication of financing

summary

Division 6 — Penalties for Failure to Comply

Publication of failure to comply

Effect of incurring expenses over limit

Court order for relief from expenses limit

Late filing of required reports

Failure to file initiative vote financing report

Court order for relief from filing obligations

False or misleading reports relating to an initiative vote

Part 6 — Initiative Communications

Division 1 — General

Initiative advertising and opinion surveys

Sponsorship of initiative advertising

No indirect sponsorship of initiative advertising

Initiative advertising must identify sponsor

Restriction on rates charged for initiative advertising

Prohibition against certain initiative advertising on general voting day

Restrictions on initiative campaigning near voting places

Requirements for publication of initiative opinion surveys

Division 2 — Initiative Advertising Limits

Advertising limits

Penalties for exceeding initiative advertising limit

Court order for relief from advertising limit

Division 3 — Registration of Sponsors

Initiative advertising sponsors must be registered

Registration with chief electoral officer

Obligations of registered sponsor

Limit on registration

Division 4 — Disclosure of Independent Initiative Advertising

Independent sponsors must file disclosure reports

Contents of disclosure report

Late filing of reports

Failure to file reports

Court order for relief from filing obligations

Obligation to maintain records

Publication of initiative advertising

summary

Part 7 — Recall Petition Financing

Division 1 — Financial Agent

Authorized participants and their financial agents

Appointment of financial agent

General obligations of financial agent

Assistant financial agent

Division 2 — Recall Contributions and Expenses

Recall contributions generally

Loans and guarantees to authorized participant

112.01

Debts owed by authorized participant

Recall contributions through fundraising functions

Recall expenses

General valuation rules

Division 2.1 — Specified Fundraising Functions

115.01

Specified fundraising function using private residence property

115.02

Information respecting specified fundraising function

Division 3 — Making and Accepting Recall Contributions

Restrictions on making recall contributions

116.01

Sponsorship contributions that become recall contributions

116.02

Confirmation and consent requirements for using recall contributions

116.03

Contributor confirmation and consent in relation to recall contribution

116.04

Recall contribution limits

Restrictions on accepting recall contributions

Limits on anonymous contributions

Prohibited contributions must be returned

Financial agent must record each recall contribution

120.01

Amounts transferred for use by Member

120.02

Return of unused recall contributions

Division 4 — Recall Expenses

Restrictions on who may incur recall expenses

Recall expenses in excess of limit prohibited

Recall expenses limit

Division 5 — Reporting

Reporting of information regarding recall contributions

Recall financing report

Publication of financing

summary

Division 6 — Penalties for Failure to Comply

Publication of failure to comply

Effect of incurring expenses over limit

Court order for relief from expenses limit

Late filing of required reports

Failure to file recall financing report

Court order for relief from filing obligations

False or misleading reports relating to a recall petition

133.01

Monetary penalties for making or accepting prohibited loan or guarantee

133.02

Monetary penalties for accepting recall contributions from specified fundraising functions using private residence property

133.03

Monetary penalties for failure to provide information respecting specified fundraising functions

133.04

Monetary penalties respecting prohibited recall contributions

133.05

Monetary penalties in relation to prohibited transfers

133.06

Monetary penalties for exceeding recall contribution limits

133.07

Monetary penalties respecting accepting recall contributions

133.08

Monetary penalties respecting anonymous recall contributions

133.09

Monetary penalties for failure to return recall contributions

133.10

Court order for relief respecting recall contributions

133.11

Publication of names

Part 8 — Recall Petition Communications

Division 1 — General

Repealed

134.01

Contributions to recall advertising sponsors

Sponsorship of recall advertising

No indirect sponsorship of recall advertising

Recall advertising must identify sponsor

137.01

Identification of sponsor — activities

137.02

Monetary penalties for failure to identify sponsor

Restriction on rates charged for recall advertising

Repealed

Division 2

140-142

Repealed

Division 3 — Registration of Recall Advertising Sponsors

Recall advertising sponsors must be registered

143.01

Independence from authorized participants

Registration with chief electoral officer

Obligations of recall advertising sponsor

Limit on registration

146.01

Voluntary deregistration

146.02

Deregistration on becoming authorized participant

146.03

Reregistration

Division 3.1 — Sponsorship Contributions

146.04

Sponsorship contributions

146.05

Loans and guarantees to recall advertising sponsors

146.06

Debts

146.07

Sponsorship contributions through fundraising functions

146.08

Making and using sponsorship contributions

146.09

Contributor confirmation and consent in relation to sponsorship contributions

146.10

Sponsorship contribution limits

146.11

Restrictions on sponsorship contributions

146.12

Limits on anonymous sponsorship contributions

146.13

Prohibited sponsorship contributions must be returned

146.14

Sponsorship contributions over specified amount

Division 3.2 — Recall Advertising Limits

146.15

Petition period recall advertising limits

146.16

Penalties for exceeding advertising limit

146.17

Court order for relief from advertising limit

Division 4 — Reporting by Recall Advertising Sponsors

146.18

Disclosure report within 14 days — non-petition period recall advertising

146.19

Disclosure report within 28 days — non-petition period recall advertising

146.20

Contents of 28-day disclosure report — non-petition period recall advertising

Disclosure report within 28 days — petition period recall advertising

Contents of 28-day disclosure report — petition period recall advertising

148.01

Disclosure report after calendar year

148.02

Contents of disclosure report after calendar year

Late filing of reports

Failure to file reports

Court order for relief from filing obligations

Obligation to maintain records

Publication of recall advertising disclosure report

Division 5 — Monetary Penalties for Recall Advertising Sponsors

153.01

Monetary penalties for failing to register

153.02

Monetary penalties respecting making and using sponsorship contributions

153.03

Monetary penalties respecting contributor confirmation and consent

153.04

Monetary penalties respecting sponsorship contribution limits

153.05

Monetary penalties respecting sponsorship contributions

153.06

Monetary penalties respecting anonymous sponsorship contributions

153.07

Monetary penalties respecting return of sponsorship contributions

153.08

Monetary penalties respecting sponsorship contributions over specific amount

153.09

Court order for relief respecting recall advertising sponsor registration and sponsorship contributions

153.10

Publication of names

Part 9 — Offences

Prosecution of organizations and their directors and agents

Defence of due diligence

Signature and vote buying offences

Intimidation offences

Wrongful signing and voting

Offences in relation to canvassing for signatures

Offences in relation to financing

Offences in relation to initiative or recall advertising and promotion

Offences in relation to false or misleading information

Offence in relation to use of information

Penalties under this Part are in addition to any others

Limitation

Part 10 — General

Delivery of notices

166.01

Publication of adjusted amounts

Filing documents with chief electoral officer

Access to and use of information in records

Enforcement of Act by chief electoral officer

Emergencies and other extraordinary circumstances

General regulations

Additional powers of the chief electoral officer

Appropriation

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