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2014 Legislative Session: 2nd Session, 40th Parliament

FOR REPORT

The following electronic version is for informational purposes only.

The printed version remains the official version.

Certified correct as amended in Committee of the Whole on the 1st day of May, 2014

Craig James, Clerk of the House

HONOURABLE CORALEE OAKES

MINISTER OF COMMUNITY, SPORT

AND CULTURAL DEVELOPMENT

BILL 20 – 2014

LOCAL ELECTIONS CAMPAIGN FINANCING ACT

Contents

Part 1 – General

Division 1 – Application and

Interpretation

Elections to which this Act applies

Assent voting to which this Act applies

Definitions and other

interpretation rules

Division 2 – Key Concepts

What is the election campaign of a candidate

What is the election campaign of an elector organization

When elections, or elections and assent voting, are considered to be held at the same time

What is election advertising

What is assent voting advertising, when is it election advertising and when is it non-election assent voting advertising

Who is the sponsor of election advertising or non-election assent voting advertising

What is the campaign period and the election proceedings period for an election and what is the assent voting proceedings period for non-election assent voting

What is third party advertising

Types of third party advertising – issue advertising and directed advertising

Part 2 – Candidate and Elector Organization Campaign Financing

Division 1 – General Concepts: Campaign Contributions and Election Expenses

Campaign contributions to candidate or elector organization

Election expenses of candidates and elector organizations

What are election proceedings period expenses

Valuation rules for campaign contributions and election expenses

Division 2 – Campaign Accounting

Each candidate must have a financial agent

Requirement for candidate campaign account

Each elector organization must have a financial agent

Requirement for elector organization campaign account

Responsible principal officials of elector organization

Recording requirements, including records of campaign contributions, election expenses and transfers

Campaign transfers between candidates and elector organizations

What happens if a candidate has surplus campaign funds

What happens if an elector organization has surplus campaign funds

Division 3 – Rules in Relation to Campaign Contributions and

Election Expenses

Restrictions on making campaign contributions

Restrictions in relation to accepting campaign contributions

Dealing with prohibited campaign contributions

Campaign contribution information that must be recorded

How payment in relation to election expenses may be made

Part 3 – Third Party Election Advertising

Division 1 – General

Independence requirements for third party sponsors

What are sponsorship contributions

Valuation rules for third party advertising and sponsorship contributions

Division 2 – Rules in Relation to Sponsorship Contributions and

Sponsored Advertising

Restrictions on making sponsorship contributions

Dealing with prohibited sponsorship contributions

Records of sponsorship contributions and sponsored advertising

Division 3 – Registration of Third Party Sponsors

Prohibition against sponsoring third party advertising if not registered

Application for registration – individual as third party sponsor

Application for registration – organization as third party sponsor

Responsible principal officials of third party sponsor that is an organization

Registration by BC chief electoral officer

Part 4 – Non-Election Assent Voting Advertising and Other Assent Voting Advertising Rules

Application of third party election advertising rules to non-election assent voting advertising

Assent voting advertising by local government

Part 5 – Transparency Requirements for Local Elections and Assent Voting

Division 1 – Sponsorship of Election Advertising and Assent Voting Advertising

Advertising must include sponsorship information

Restrictions on general voting day advertising

Division 2 – Disclosure Requirements for Candidates, Elector Organizations and Advertising Sponsors

Disclosure statements required for candidates, elector organizations and advertising sponsors

Time limits for filing disclosure statements – filing on time, late filing on payment of penalty fee, compliance deadline

Notice of failure to file within no-penalty fee period

Candidate disclosure statement – information and other requirements

Elector organization disclosure statement – information and other requirements

Third party disclosure statement – information and other requirements

Non-election assent voting advertising sponsor disclosure statement – information and other requirements

Other requirements in relation to disclosure statements

Requirement for supplementary report

Required declarations

Disclosure requirements are subject to court orders for relief

Offence for failure to file by compliance deadline

Division 3 – Public Access to Information

Public access to disclosure information – Elections BC responsibilities

Public access to disclosure information – local authority responsibilities

Disqualification lists to be maintained

Reports to local authority respecting non-compliance

Other information to be publicly available

Restrictions on use of personal information

Part 6 – Penalties for Failure to Comply with Disclosure Requirements

Division 1 – Disqualification Penalties for Failure to Comply with Disclosure Requirements

Disqualification penalties for failure to disclose

Disqualification penalties for false or misleading disclosure

Division 2 – Court Orders for Relief in Relation to Disclosure Requirements

Application for relief in relation to disclosure requirements

Special rules respecting applications for relief that are related to candidate disclosure requirements

Court relief powers respecting disclosure requirements

Extension of time before disqualification penalties apply

Address for service on other parties

BC chief electoral officer authority in relation to applications and appeals

Appeals and final determinations

Part 7 – Enforcement

Division 1 – Elections BC Responsibilities and Powers

Report to local authority respecting disqualification of elected candidate

Reviews, investigations and audits by BC chief electoral officer

Complaints regarding contraventions of this Act

Additional specific powers to require information

Solemn declaration regarding sponsorship may be required

Powers in relation to non-compliant advertising

Court injunctions on application of BC chief electoral officer

Division 2 – Offences

General rules and defence of due diligence

BC chief electoral officer authority in relation to prosecutions

Time limit for starting prosecution

Prosecution of organizations and their directors and agents

General offence in relation to false or misleading information

Higher penalty offences

Lower penalty offences

Part 8 – Administration and Other Matters

Division 1 – Responsibilities and Authorities

Role of the BC chief electoral officer

Administrative matters

Minor corrections to disclosure statements and supplementary reports

Late filing extensions in extraordinary circumstances

Retention of disclosure records

Provision of information between Elections BC and local authorities

Division 2 – Technical Advisory Committee

Technical Advisory Committee

Role of advisory committee

Advisory committee meetings

Division 3 – Miscellaneous

Address for service requirements and delivery of notices

Solemn declarations

Information updating obligations

Division 4 – Orders and Regulations

Ministerial orders in special circumstances

Power to make regulations

Commencement

Schedule –

Definitions and

Interpretation

Definitions

How this Act applies in relation to other legislation

References to other Acts

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

Part 1 – General

Division 1 – Application and

Interpretation

Elections to which this Act applies

(1) This Act applies to the following elections:

(

a) an election under the Local Government Act for a mayor;

(

b) an election under the Local Government Act for a councillor;

(

c) an election under the Local Government Act for an electoral area director on a regional district board;

(

d) an election under the Vancouver Charter for the mayor;

(

e) an election under the Vancouver Charter for a councillor;

(

f) an election under the Vancouver Charter for a Park Board member;

(

g) an election under the Islands Trust Act for a local trust area trustee;

(

h) an election under the School Act for a trustee on a board of education;

(

i) other elections prescribed by regulation.

(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) Mayor

The municipality

The council

(

b) Councillor

The municipality

The council

(

c) Electoral area director

The regional district

The board

(

d) Mayor

The City of Vancouver

City Council

(

e) Councillor

The City of Vancouver

City Council

(

f) Vancouver Park Board member

The City of Vancouver

The Park Board

(

g) Islands Trust local trust area trustee

The trust council

The trust council

(

h) Board of education trustee

The board of education

The board of education

(

i) Office for prescribed election

As prescribed

As prescribed

Assent voting to which this Act applies

(1) This Act also applies to the following:

(

a) voting under

Part 4 [Assent Voting] of the Local Government Act or

Part II [Assent Voting] of the Vancouver Charter ;

(

b) voting to which provisions of either of those Parts apply.

(2) The local authority in relation to assent voting is the local authority of the jurisdiction for which the assent voting is being held.

Definitions and other

interpretation rules

3 The

Schedule to this Act establishes

definitions for terms used in this Act and rules of

interpretation that apply in relation to this Act.

Division 2 – Key Concepts

What is the election campaign of a candidate

(1) An election campaign of a candidate is a campaign, undertaken by or on behalf of the candidate in relation to an election in which the individual is or intends to be a candidate, for any of the following purposes:

(

a) to promote, directly or indirectly, the election of the candidate;

(

b) to oppose, directly or indirectly, the election of any other candidate in the same election;

(

c) to promote, directly or indirectly, the selection of the candidate for endorsement by an elector organization;

(

d) to promote, directly or indirectly, the elector organization that is endorsing the candidate or from which the candidate is seeking endorsement;

(

e) to oppose, directly or indirectly, an elector organization that is endorsing any other candidate in the same election;

(

f) to oppose, directly or indirectly, the selection of another individual for endorsement, in relation to the same election, by the elector organization that is endorsing the candidate or from which the candidate is seeking endorsement.

(2) If an individual is a candidate in relation to multiple elections that are being held at the same time, election campaigning of the candidate in relation to each of those elections is considered for purposes of this Act to be a separate election campaign.

What is the election campaign of an elector organization

(1) An election campaign of an elector organization is a campaign, undertaken by or on behalf of the elector organization in relation to one or more elections, being held at the same time for the same jurisdiction, in which the elector organization is endorsing or intends to endorse a candidate, for any of the following purposes:

(

a) to promote, directly or indirectly, the elector organization;

(

b) to promote, directly or indirectly, the election of a candidate endorsed or intended to be endorsed by the elector organization;

(

c) to oppose, directly or indirectly, the election of a candidate in the same election who is not endorsed by the elector organization;

(

d) to oppose, directly or indirectly, another elector organization in relation to the same election or another election for the same jurisdiction that is being held at the same time;

(

e) to oppose, directly or indirectly, the selection of an individual to be endorsed by another elector organization in relation to an election referred to in paragraph (d).

(2) If an elector organization is endorsing candidates or intends to endorse candidates in elections for more than one jurisdiction that are being held at the same time, election campaigning of the elector organization in relation to each of the jurisdictions is considered for purposes of this Act to be a separate election campaign.

When elections, or elections and assent voting,

are considered to be held at the same time

(1) Elections are considered to be held at the same time if

(

a) the elections are part of a general local election, or

(

b) in the case of other elections, the general voting day established for the elections is the same day.

(2) An election is considered to be held at the same time as assent voting if the general voting day established for the election is the same as the general voting day established for the assent voting.

What is election advertising

(1) Subject to subsection (2), election advertising is the transmission to the public by any means, during the election proceedings period for an election, of any of the following:

(

a) a communication that promotes or opposes, directly or indirectly,

(

i) the election of a candidate, or

(ii) an elector organization that is endorsing a candidate or is an established elector organization,

including a communication that takes a position on an issue with which the candidate or elector organization is associated;

(

b) assent voting advertising that is election advertising under

section 8 (3) [assent voting advertising that is election advertising] ;

(

c) any other communications prescribed by regulation.

(2) Subject to any applicable regulations, election advertising does not include the following:

(

a) the publication without charge, in a bona fide periodical publication or a radio or television program, of news, an editorial, an interview, a column, a letter, a debate, a speech or a commentary;

(

b) the distribution of a publication, or the promotion of the sale of a publication, for no less than its market value, if the publication was planned to be sold whether or not there was to be an election or assent voting;

(

c) the transmission of a communication directly by an individual or organization to the employees, members or shareholders of the individual or organization;

(

d) the transmission of an expression by an individual, on a non-commercial basis on the internet, by telephone or by text messaging, of his or her personal views;

(

e) any other transmissions prescribed by regulation.

What is assent voting advertising, when is it election advertising

and when is it non-election assent voting advertising

(1) Subject to subsection (5), assent voting advertising is the transmission to the public by any means, during the following applicable period, of a communication that promotes or opposes, directly or indirectly, a particular result in the assent voting:

(

a) in the case of assent voting that is relevant to an election, the election proceedings period for that election;

(

b) in the case of other assent voting, the assent voting proceedings period.

(2) Assent voting is relevant to an election if the assent voting is being held

(

a) at the same time as the election, and

(

b) for the same jurisdiction as that election or for a voting area that is all or part of the same jurisdiction.

(3) Assent voting advertising that is relevant to an election is election advertising.

(4) Assent voting advertising that is not relevant to an election is non-election assent voting advertising.

(5) Subject to any applicable regulations, assent voting advertising does not include the following:

(

a) the publication without charge, in a bona fide periodical publication or a radio or television program, of news, an editorial, an interview, a column, a letter, a debate, a speech or a commentary;

(

b) the distribution of a publication, or the promotion of the sale of a publication, for no less than its market value, if the publication was planned to be sold whether or not there was to be assent voting;

(

c) the transmission of a communication directly by an individual or organization to the employees, members or shareholders of the individual or organization;

(

d) the transmission of an expression by an individual, on a non-commercial basis on the internet, by telephone or by text messaging, of his or her personal views;

(

e) any other transmissions prescribed by regulation.

Who is the sponsor of election advertising

or non-election assent voting advertising

(1) Subject to subsection (2) and any applicable regulations, the sponsor of election advertising or non-election assent voting advertising is whichever of the following is applicable:

(

a) if the service of transmitting the communication to the public is provided without charge

(

i) as a campaign contribution, or any other form of contribution, to a candidate or elector organization, or

(ii) as a sponsorship contribution, or any other form of contribution, to a third party sponsor in relation to election advertising or to an assent voting advertising sponsor in relation to non-election assent voting advertising,

the individual or organization to which the service is provided;

(

b) if the service of transmitting the communication to the public is provided with charge, the individual or organization that pays or is liable to pay for the communication to be transmitted;

(

c) if neither (

a) nor (

b) applies, the individual or organization that transmits the communication to the public.

(2) If the individual or organization that would otherwise be the sponsor within the meaning of subsection (1) is acting on behalf of another individual or organization, that other individual or organization is the sponsor.

What is the campaign period and the election proceedings period

for an election and what is the assent voting proceedings period

for non-election assent voting

(1) The campaign period in relation to an election is the period that

(

a) begins, as applicable,

(

i) in the case of an election that is part of a general local election, at the start of the calendar year in which the election is held,

(ii) in the case of a by-election, on the day of the vacancy in local authority office that is to be filled by the by-election, or

(iii) in the case of any other election, on the date specified by or determined under the regulations, and

(

b) ends at the end of the election proceedings period for the election.

(2) The election proceedings period in relation to an election is the period that

(

a) begins on the 46th day before general voting day for the election, and

(

b) ends, in the case of an election by voting, at the close of general voting for the election and, in the case of an election by acclamation, at the end of general voting day.

(3) The assent voting proceedings period in relation to non-election assent voting is the period that

(

a) begins on the 30th day before general voting day for the assent voting, and

(

b) ends at the close of general voting for the assent voting.

What is third party advertising

11 Third party advertising is election advertising, other than election advertising sponsored

(

a) by a candidate as part of the candidate's election campaign, or

(

b) by an elector organization as part of the elector organization's election campaign.

Types of third party advertising – issue advertising

and directed advertising

(1) Subject to any applicable regulations, third party advertising is issue advertising if

(

a) it is a communication respecting an issue of public policy, including, for certainty, an assent voting issue, and

(

b) it is not specifically related to any candidate or elector organization.

(2) Directed advertising is third party advertising that is not issue advertising.

(3) Third party advertising is specifically related to a candidate if

(

a) the communication names the candidate, includes an image or likeness of the candidate or identifies the candidate by voice or physical description, or

(

b) any other circumstances prescribed by regulation apply.

(4) Third party advertising is specifically related to an elector organization if

(

a) the communication names the elector organization or includes a logo or likeness of a logo used by the elector organization, or

(

b) any other circumstances prescribed by regulation apply.

Part 2 – Candidate and Elector Organization

Campaign Financing

Division 1 – General Concepts: Campaign Contributions

and Election Expenses

Campaign contributions to candidate or elector organization

(1) Subject to this

section and any applicable regulations, the following are campaign contributions:

(

a) the amount of any money, or the value of any non-monetary property or services, provided without compensation to a candidate or elector organization for campaign use;

(

b) if property or services are provided at less than market value to a candidate or elector organization for campaign use, the difference between the market value of the property or services at the time provided and the amount charged;

(

c) if

(

i) a candidate or elector organization offers property or services for the purpose of obtaining funds for campaign use, and

(ii) the property or services are acquired from the candidate or elector organization at greater than market value,

the difference between the market value of the property or services at the time acquired and the amount charged;

(

d) the amount of any money, but not the value of any non-monetary property or services, provided by a candidate for use in the candidate's own campaign;

(

e) the amount of any money, but not the value of any non-monetary property or services, provided by an elector organization as permitted under

section 26 (2) [restrictions on elector organization campaign contributions] for use in its own campaign;

(

f) the amount of any money provided to an elector organization by an individual who is seeking endorsement by that elector organization, other than money provided by way of transfer under

section 23 (4) (b) [candidate transfers before endorsement] ;

(

g) membership fees for an established elector organization;

(

h) an unpaid amount in relation to an election expense, if

(

i) the candidate or elector organization is liable for payment in relation to the election expense,

(ii) any part of that debt remains unpaid for 6 months after the debt has become due, and

(iii) no legal proceedings to recover the debt have been commenced by the creditor;

(

i) any other provision of property or services prescribed by regulation.

(2) For certainty, this

section applies to the provision of property or services to a candidate or elector organization whether the provision was before or after the start of a campaign period.

(3) For certainty, nothing in subsection (1) (

h) affects the rights of a creditor in relation to a debt that becomes a campaign contribution under that subsection.

(4) For purposes of this Act, property or services are considered to be provided for campaign use if they are provided

(

a) to a candidate for use in the election campaign of the candidate or towards the election expenses of such a campaign, or

(

b) to an elector organization for use in an election campaign of the elector organization or towards the election expenses of such a campaign.

(5) Subject to any applicable regulations, the value of the following is not a campaign contribution:

(

a) services provided by a volunteer;

(

b) non-monetary property of a volunteer that is provided or used in relation to services of the individual;

(

c) property or services provided by an election official, or by the BC chief electoral officer, in the official capacity of the election official or BC chief electoral officer;

(

d) publishing without charge news, an editorial, an interview, a column, a letter or a commentary in a bona fide periodical publication or a radio or television program;

(

e) broadcasting time provided, without charge, as part of a bona fide public affairs program;

(

f) producing, promoting or distributing a publication for no less than its market value, if the publication was planned to be sold whether or not there was to be an election;

(

g) any other property or services prescribed by regulation.

(6) Subject to any applicable regulations, the value of the following is not a campaign contribution, but must be disclosed in accordance with the requirements under Division 2 [Disclosure Requirements for Candidates, Elector Organizations and Advertising Sponsors] of

Part 5 [Transparency Requirements for Local Elections and Assent Voting] :

(

a) in relation to transfers of property or provision of services between a candidate and an elector organization,

(

i) transfers from campaign accounts under

section 23 [campaign transfers between candidates and elector organizations] ,

(ii) the provision of non-monetary property or services by a candidate to the elector organization that is endorsing the candidate, and

(iii) the provision of non-monetary property or services by an elector organization to a candidate who is endorsed by the elector organization;

(

b) in relation to the provision of property or services by the jurisdiction for which an election is being held,

(

i) payment under

section 24 (5) (a) [candidate surplus carried over to next election] to a candidate in the election, or

(ii) the provision to a candidate in the election of free election advertising transmission, if the transmission is made available on an equitable basis to all other candidates in the election;

(

c) any other provision of property or services prescribed by regulation.

Election expenses of candidates and elector organizations

(1) Subject to this

section and any applicable regulations, an election expense is the value of property or services used in an election campaign during the campaign period for the election.

(2) As applicable,

(

a) the value of property or services used as referred to in subsection (1) in the election campaign of a candidate is an election expense of the candidate, and

(

b) the value of property or services used as referred to in subsection (1) in the election campaign of an elector organization is an election expense of the elector organization.

(3) For purposes of this Act, if a candidate sponsors assent voting advertising that is relevant to the election in which the individual is a candidate, the assent voting advertising is considered to be election advertising sponsored by the candidate as part of the candidate's election campaign and its value is an election expense of the candidate.

(4) For purposes of this Act, if an elector organization sponsors assent voting advertising that is relevant to an election in which the organization is endorsing a candidate, the assent voting advertising is considered to be election advertising sponsored by the elector organization as part of the elector organization's election campaign and its value is an election expense of the elector organization.

(5) Subject to any applicable regulations, the value of the use of the following is not an election expense:

(

a) property or services that are excluded from being campaign contributions under

section 13 (5) [exclusions from campaign contributions] ;

(

b) if applicable, the nomination deposit of a candidate;

(

c) services provided by a candidate in relation to that individual's election campaign;

(

d) goods produced by a candidate from property of the candidate;

(

e) goods produced by an individual as a volunteer from property of the individual;

(

f) any other property or services prescribed by regulation.

What are election proceedings period expenses

(1) Subject to this

section and any applicable regulations, an election proceedings period expense in relation to an election is the value of property or services used during the election proceedings period for the election such that this value is an election expense.

(2) Subject to any applicable regulations, the value of the following is not an election proceedings period expense, but must be disclosed in accordance with Division 2 [Disclosure Requirements for Candidates, Elector Organizations and Advertising Sponsors] of

Part 5 [Transparency Requirements for Local Elections and Assent Voting] :

(

a) personal expenses in relation to a candidate within the meaning of subsection (3);

(

b) legal or accounting services provided to comply with this Act and the regulations under this Act;

(

c) services provided by a financial agent in that capacity;

(

d) the cost of any communication that an elector organization transmits exclusively to its members;

(

e) property and services used exclusively for the day-to-day administration of an elector organization office that operates on a continuing basis outside of election proceedings periods for elections, including salaries and wages paid by the elector organization to permanent staff of the elector organization;

(

f) interest on a loan to a candidate or elector organization for election expenses;

(

g) any other expenses prescribed by regulation.

(3) The following expenses, if they are reasonable, are personal expenses in relation to a candidate:

(

a) payments for care of a child or other family member for whom the candidate is normally directly responsible;

(

b) the cost of the candidate travelling to, within or from the jurisdiction area;

(

c) the cost of lodging, meals and incidental charges in relation to the candidate while travelling as referred to in paragraph (b);

(

d) expenses in relation to any disability of the candidate, including the costs in relation to any individual required to assist the candidate in performing the functions necessary for seeking election;

(

e) any other expenses in relation to candidates prescribed by regulation.

(4) For certainty, an election expense that is not an election proceedings period expense remains an election expense for purposes of this Act.

Valuation rules for campaign contributions and election expenses

(1) The rules in this

section apply for the purpose of determining the value of a campaign contribution or election expense unless otherwise expressly provided under this Act.

(2) The value of any property or services is

(

a) the price paid for the property or services, or

(

b) the market value of the property or services, if no price is paid or if the price paid is less than the market value.

(3) In the case of property that is a capital asset, the value of the property is the market value of using the property.

(4) Subject to subsection (5), the value of election advertising sponsored by

(

a) a candidate as part of the candidate's election campaign, or

(

b) an elector organization as part of the elector organization's election campaign

is the value of the property and services used in preparing the communication and transmitting it to the public.

(5) The value of the transmission of the following election advertising sponsored by a candidate is deemed to be nil:

(

a) election advertising referred to in

section 13 (6) (b) (ii) [free equitable advertising by jurisdiction] ;

(

b) election advertising transmitted without charge if such transmission without charge is also made available on an equitable basis to all other candidates in the election;

(

c) other election advertising prescribed by regulation.

(6) The value of shared election expenses must be attributed to the participating candidates in accordance with the regulations.

Division 2 – Campaign Accounting

Each candidate must have a financial agent

(1) A candidate must have a financial agent.

(2) A candidate may appoint an individual as financial agent in accordance with this section, but, if no financial agent is appointed, the candidate is his or her own financial agent.

(3) A candidate may not have more than one financial agent at the same time.

(4) The appointment of a financial agent for a candidate must

(

a) be made in writing,

(

b) include

(

i) the full name of the individual appointed,

(ii) the effective date of the appointment, and

(iii) the required contact information for the individual,

(

c) be signed by the candidate, and

(

d) be accompanied by a signed consent of the individual appointed to act as financial agent that includes an address for service at which notices and other communications under this Act or other local elections legislation will be accepted as served on or otherwise delivered to the financial agent.

(5) If the nomination documents for a candidate identify an appointed financial agent for a candidate, the candidate must deliver the following to the local election officer before the end of the nomination period:

(

a) a copy of the financial agent's appointment;

(

b) a copy of the financial agent's consent to act;

(

c) any other information or material required by regulation.

(6) A candidate or the candidate's financial agent must, as soon as practicable, provide updated information and material in accordance with the applicable requirements under subsections (4) and (5) if there is any change in who is the financial agent for the candidate or in other information or material that is required to be provided under this section.

(7) Updated information or material required under subsection (6) must be provided as follows:

(

a) to the local election officer, if the change occurs before the declaration of the results of the election;

(

b) to the BC chief electoral officer, if the change occurs after the declaration of those results.

(8) For certainty,

(

a) an individual may be the financial agent for more than one candidate or elector organization, or for one or more of each, and

(

b) the financial agent for a candidate may also be the official agent for the candidate.

(9) A financial agent appointed for a candidate is not personally liable for any liability of the candidate in relation to the election campaign of the candidate unless the liability is personally guaranteed by the financial agent.

(10) A candidate who contravenes this

section commits an offence.

Requirement for candidate campaign account

(1) A candidate must have at least one campaign account for the candidate's election campaign, established in accordance with this section, if any of the circumstances described in subsection (2) apply.

(2) The financial agent for the candidate must open one or more campaign accounts at a savings institution by the earliest of the following:

(

a) as soon as practicable after the financial agent receives a campaign contribution of money;

(

b) before receiving a transfer of money under

section 23 [campaign transfers between candidates and elector organizations] ;

(

c) before receiving payment of money under

section 24 (5) (a) [candidate surplus carried over to next election] ;

(

d) before becoming liable for payment in relation to an election expense or intended election expense of the candidate.

(3) A campaign account under this

section

(

a) must be in the name of the election campaign of the candidate,

(

b) must be used exclusively for purposes of that election campaign or as permitted under subsection (5), and

(

c) must not receive deposits other than those required or permitted under this section.

(4) The financial agent must ensure that

(

a) all campaign contributions, transfers and payments received as referred to in subsection (2) (

a) to (

c) are deposited into a campaign account of the candidate,

(

b) the only amounts deposited into a campaign account of the candidate are amounts permitted to be deposited under this section,

(

c) all payments referred to in subsection (2) (

d) are paid, directly or by reimbursement, from a campaign account of the candidate, and

(

d) a campaign account of the candidate is not used for any purpose other than one permitted under this section.

(5) In addition to use for purposes of the election campaign for which the account is established, a campaign account under this

section may be used for the following purposes:

(

a) if applicable, payment of the candidate's nomination deposit;

(

b) if the candidate has more than one campaign account in relation to a single election campaign, making a transfer between the campaign accounts;

(

c) if the candidate has separate campaigns for different jurisdictions as referred to in

section 4 (2) [candidate running in multiple elections] , making a transfer from a campaign account for one of those campaigns to a campaign account for another of those campaigns;

(

d) making a transfer of money under

section 23 [campaign transfers between candidates and elector organizations] ;

(

e) making payments referred to in or authorized under

section 24 [what happens if a candidate has surplus campaign funds] ;

(

f) making payments required under

section 28 [dealing with prohibited campaign contributions] ;

(

g) making payments for reasonably incurred expenses, other than election expenses, that are incidental to the candidate's campaign;

(

h) any other purpose permitted by regulation.

(6) In addition to the required deposits under subsection (4) (a), the following may be deposited into a campaign account of the candidate:

(

a) interest on amounts on deposit in the campaign account;

(

b) any other deposits permitted by regulation.

(7) A candidate or financial agent who contravenes this

section commits an offence.

Each elector organization must have a financial agent

(1) An elector organization must have an individual appointed as financial agent for the organization in accordance with this

section by the earliest of the following:

(

a) before accepting a campaign contribution;

(

b) before incurring an election expense;

(

c) before becoming liable for payment in relation to an election expense or intended election expense;

(

d) before accepting a transfer from a candidate under

section 23 [campaign transfers between candidates and elector organizations] .

(2) An elector organization may not have more than one financial agent at the same time.

(3) The appointment of a financial agent for an elector organization must

(

a) be made in writing,

(

b) include

(

i) the full name of the individual appointed,

(ii) the effective date of the appointment, and

(iii) the required contact information for the individual,

(

c) be signed by the authorized principal official of the elector organization, and

(

d) be accompanied by a signed consent of the individual appointed to act as financial agent that includes an address for service at which notices and other communications under this Act or other local elections legislation will be accepted as served on or otherwise delivered to the financial agent.

(4) An elector organization that is proposing to endorse a candidate must deliver the following to the local election officer before the end of the applicable nomination period:

(

a) a copy of the financial agent's appointment;

(

b) a copy of the financial agent's consent to act;

(

c) any other information or material required by regulation.

(5) If the individual appointed as financial agent resigns, dies or no longer has the capacity to act as financial agent, the elector organization must appoint a new financial agent as soon as possible.

(6) An elector organization or the elector organization's financial agent must, as soon as practicable, provide updated information and material in accordance with the applicable requirements under subsections (3) and (4) if there is any change in who is the financial agent for the elector organization or in other information or material that is required to be provided under this section.

(7) Updated information or material required under subsection (6) must be provided as follows:

(

a) to the local election officer, if the change occurs before the end of general voting day for the applicable election or elections;

(

b) to the BC chief electoral officer, if the change occurs after that general voting day.

(8) For certainty,

(

a) an individual may be the financial agent for more than one candidate or elector organization, or for one or more of each, and

(

b) a responsible principal official of an elector organization may be the financial agent for the organization.

(9) A financial agent for an elector organization is not personally liable for any liability of the elector organization in relation to the election campaign of the elector organization unless the liability is personally guaranteed by the financial agent.

(10) For certainty, the individual most recently appointed as financial agent for an elector organization has the responsibilities of that position under this Act.

(11) An elector organization that contravenes this

section commits an offence.

Requirement for elector organization campaign account

(1) An elector organization must have at least one campaign account for each election campaign of the elector organization, established in accordance with this section, if any of the circumstances described in subsection (2) apply.

(2) The financial agent for the elector organization must open one or more campaign accounts at a savings institution by the earliest of the following:

(

a) as soon as practicable after the financial agent receives a campaign contribution of money;

(

b) before receiving a transfer of money to the elector organization under

section 23 [campaign transfers between candidates and elector organizations] ;

(

c) before becoming liable for payment in relation to an election expense or intended election expense of the elector organization.

(3) A campaign account under this

section

(

a) must be in the name of the election campaign of the elector organization,

(

b) must be used exclusively for purposes of that election campaign or as permitted under subsection (5), and

(

c) must not receive deposits other than those required or permitted under this section.

(4) The financial agent must ensure that

(

a) all campaign contributions and transfers received as referred to in subsection (2) (

a) or (

b) are deposited into a campaign account of the elector organization,

(

b) the only amounts deposited into a campaign account of the elector organization are amounts permitted to be deposited under this section,

(

c) all payments referred to in subsection (2) (

c) are paid, directly or by reimbursement, from a campaign account of the elector organization, and

(

d) a campaign account of the elector organization is not used for any purpose other than one permitted under this section.

(5) In addition to use for purposes of the election campaign for which the account is established, a campaign account under this

section may be used for the following purposes:

(

a) if the elector organization has more than one campaign account in relation to a single election campaign, making a transfer between the campaign accounts;

(

b) if the elector organization has separate campaigns for different jurisdictions as referred to in

section 5 (2) [elector organization endorsing candidates in more than one jurisdiction] , making a transfer from a campaign account for one of those campaigns to a campaign account for another of those campaigns;

(

c) making a transfer or payment under

section 23 [campaign transfers between candidates and elector organizations] ;

(

d) making payments and transfers referred to in and payments under

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

(

e) making payments required under

section 28 [dealing with prohibited campaign contributions] ;

(

f) making payments for reasonably incurred expenses, other than election expenses, that are incidental to the elector organization's campaign;

(

g) any other purpose permitted by regulation.

(6) In addition to the required deposits under subsection (4) (a), the following may be deposited into a campaign account of the elector organization:

(

a) interest on amounts on deposit in the campaign account;

(

b) any other deposits permitted by regulation.

(7) An elector organization or financial agent who contravenes this

section commits an offence.

Responsible principal officials of elector organization

(1) From the earlier of the appointment of a financial agent and the time of filing endorsement documents for a candidate until all obligations applicable under this Act to the elector organization have been fulfilled, an elector organization

(

a) must have at least 2 principal officials of the elector organization who have consented to be responsible principal officials of the organization, and

(

b) must have one of those responsible principal officials designated as the authorized principal official who is to

(

i) make declarations required under this Act or other local elections legislation in relation to the elector organization, and

(ii) retain records as required under

section 22.

(2) For the endorsement documents of an elector organization to be accepted for filing, the elector organization must provide the following to the local election officer before the end of the nomination period:

(

a) the name, required contact information and address for service of the authorized principal official of the elector organization;

(

b) the name, mailing address and address for service of each of the other responsible principal officials of the elector organization;

(

c) signed consents of the responsible principal officials to act as responsible principal officials and, as applicable, as the authorized principal official of the elector organization.

(3) The updating obligations under

section 19 (6) and (7) [updating obligations in relation to financial agent] apply in relation to any change in who are the responsible principal officials of an elector organization, in who is the authorized principal official of an elector organization or in other information or material that is required to be provided under subsection (2).

(4) For certainty, the individual identified as the authorized principal official of an elector organization in the most recent information and material provided under subsection (2) or (3), as applicable, has the responsibilities of that position under this Act.

(5) An elector organization that contravenes this

section commits an offence.

Recording requirements, including records of campaign

contributions, election expenses and transfers

(1) The financial agent for a candidate or elector organization must record and maintain records sufficient to allow compliance with the disclosure requirements under this Act.

(2) Without limiting subsection (1), the financial agent must record the following:

(

a) for each campaign contribution received by the candidate or elector organization, the information required under

section 29 [campaign contribution information that must be recorded] ;

(

b) for each transfer between accounts of the candidate or elector organization under

section 18 (5) (b) [transfer between candidate accounts] or 20 (5) (a) [transfer between elector organization accounts] , the accounts involved in the transfer and the amount and date of the transfer;

(

c) for each transfer from the candidate or elector organization under

section 23 [campaign transfers between candidates and elector organizations] , the amount, date and recipient of the transfer;

(

d) for each transfer received by the candidate or elector organization under

section 23 [campaign transfers between candidates and elector organizations] , the amount, date and source of the transfer;

(

e) for each provision of property or services under

section 13 (6) (a) (ii) [candidate provision to elector organization] , received by an elector organization, the candidate providing the property or services, the description of the property or services and the date the property or services are provided;

(

f) for each provision of property or services under

section 13 (6) (a) (iii) [elector organization provision to candidate] , received by a candidate, the elector organization providing the property or services, a description of the property or services and the date the property or services are provided;

(

g) any other information required by regulation.

(3) The recording, maintenance and retention of records under this

section and related receipts must be done in accordance with any requirements established by regulation.

(4) The records and material required under this

section must be retained as follows:

(

a) records and material for a candidate must be retained in British Columbia

(

i) by the financial agent until all disclosure requirements under this Act in relation to the candidate have been fulfilled, and

(ii) after those disclosure requirements have been fulfilled, by the candidate until 5 years after general voting day for the election to which the records and material relate;

(

b) records and material for an elector organization must be retained in British Columbia

(

i) by the financial agent until all elector organization disclosure requirements under this Act in relation to the applicable elections have been fulfilled, and

(ii) after those disclosure requirements have been fulfilled, by the authorized principal official of the elector organization until 5 years after general voting day for the election or elections to which the records and material relate.

(5) A financial agent, candidate or authorized principal official that contravenes this

section commits an offence.

Campaign transfers between candidates and elector organizations

(1) A candidate who is endorsed by an elector organization may provide money to the elector organization by way of a transfer from a campaign account of the candidate to a campaign account of the elector organization.

(2) An elector organization that endorses a candidate may provide money to the candidate by way of a transfer from a campaign account of the elector organization to a campaign account of the candidate.

(3) For certainty, a transfer between a candidate and an endorsing elector organization under subsection (1) or (2) may be made after the end of the election proceedings period for the election.

(4) If a candidate is seeking endorsement by an elector organization,

(

a) the elector organization may provide money to the candidate by way of a transfer from a campaign account of the elector organization to a campaign account of the candidate, and

(

b) the candidate may provide money to the elector organization by way of a transfer from a campaign account of the candidate to a campaign account of the elector organization.

(5) If an amount is transferred under subsection (4) (

b) and the candidate is not endorsed by the elector organization, an amount equal to the amount transferred may be returned to the candidate from the campaign account of the elector organization.

(6) If subsection (5) applies, but

(

a) the amount referred to in that subsection is not returned to the candidate, and

(

b) the candidate is never declared to be a candidate,

the candidate must, in accordance with the regulations, provide to the elector organization information respecting the campaign contributions received by the candidate and records of those campaign contributions as required to be maintained under

section 29 [campaign contribution information that must be recorded] .

(7) A candidate who contravenes subsection (6) commits an offence.

What happens if a candidate has surplus campaign funds

(1) This

section applies if, after an election, there is a balance remaining in a campaign account of a candidate after

(

a) payment of liabilities in relation to the candidate's election expenses and any other reasonable expenses incidental to the candidate's election campaign, and

(

b) any transfers under

section 23 [campaign transfers between candidates and elector organizations] .

(2) If the candidate made one or more campaign contributions of money to his or her election campaign, to the extent that the total balance remaining in the campaign accounts of the candidate after payments or transfers referred to in subsection (1) permits this, the financial agent may pay an amount equal to those campaign contributions to the candidate.

(3) If, after any payment under subsection (2), the total balance remaining in the campaign accounts of the candidate is less than $500, the financial agent must pay the balance to the candidate or in accordance with the directions of the candidate.

(4) If, after any payment under subsection (2), the total balance remaining in the campaign accounts of the candidate is $500 or more, the financial agent must pay the balance as soon as practicable to the jurisdiction in relation to which the election was held.

(5) Funds received by a jurisdiction under subsection (4), including accumulated interest, must be held in trust by the jurisdiction to be dealt with as follows:

(

a) if the candidate referred to in that subsection is declared a candidate in an election for that jurisdiction in the next general local election, or in a by-election for the jurisdiction called before that time, the jurisdiction must pay the funds to the financial agent for the candidate for use in the election;

(

b) if the funds are not paid out under paragraph (a), the funds cease to be trust funds and become funds of that jurisdiction for use in the discretion of the local authority.

(6) A financial agent who contravenes this

section commits an offence.

What happens if an elector organization has surplus campaign funds

25 If there is a balance remaining in a campaign account of an elector organization after an election and after

(

a) the payment of the elector organization's election expenses and any other reasonable expenses incidental to the elector organization's election campaign, and

(

b) any transfers under

section 23 (2) [campaign transfers from elector organization to endorsed candidates] ,

the financial agent may pay the balance to the elector organization or in accordance with the directions of the elector organization.

Division 3 – Rules in Relation to Campaign Contributions

and Election Expenses

Restrictions on making campaign contributions

(1) An individual or organization 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 an anonymous campaign contribution that has a value of more than $50;

(

c) 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;

(

d) 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;

(

e) 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] ;

(

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

(

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

(

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

(ii) as consideration for that individual or organization 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) An individual or organization that contravenes this

section commits an offence.

Restrictions in relation to accepting campaign contributions

(1) A candidate or elector organization must not accept campaign contributions except through

(

a) the financial agent for the candidate or elector organization, or

(

b) an individual authorized in writing by that financial agent.

(2) A financial agent or individual authorized as referred to in subsection (1) must not accept

(

a) a campaign contribution for which the information required to be recorded under

section 29 [campaign contribution information that must be recorded] has not been provided, or

(

b) any other campaign contribution that the individual or organization has reason to believe is made in contravention of this Act or the regulations under this Act.

(3) If an individual authorized as referred to in subsection (1) becomes aware that a campaign contribution may have been made in contravention of this Act or the regulations under this Act, the individual must inform the financial agent as soon as practicable.

(4) An individual or organization that contravenes this

section commits an offence.

Dealing with prohibited campaign contributions

(1) If a financial agent becomes aware that a campaign contribution was made or accepted in contravention of this Act or the regulations under this Act, the financial agent must, within 30 days after the financial agent becomes aware of the contravention,

(

a) return the campaign contribution to the contributor, or

(

b) pay to the contributor an amount equal to the value of the campaign contribution.

(2) If a financial agent is not able to comply with subsection (1), the financial agent must, as soon as practicable, deal with the campaign contribution as follows:

(

a) in the case of a contribution of money, pay to the BC chief electoral officer an amount equal to the value of the contribution;

(

b) in any other case, either

(

i) pay to the BC chief electoral officer an amount equal to the value of the contribution, or

(ii) deal with the contribution in accordance with the directions of that officer.

(3) An amount to be paid under this

section must be paid from a campaign account of the applicable candidate or elector organization.

(4) A financial agent who contravenes this

section commits an offence.

Campaign contribution information that must be recorded

(1) Subject to subsection (2) and any applicable regulations, the financial agent for a candidate or elector organization must record the following for each campaign contribution made to the candidate or elector organization:

(

a) the value of the campaign contribution;

(

b) the date on which the campaign contribution was made;

(

c) the full name and mailing address of the contributor, unless it is an anonymous campaign contribution;

(

d) the contributor class of the contributor;

(

e) if the contributor is an organization, the full names and mailing addresses of

(

i) at least 2 individuals who are directors of the organization, or

(ii) if there are no directors, at least 2 individuals who are principal officials of the organization;

(

f) any other information required by regulation.

(2) If

section 28 [dealing with prohibited campaign contributions] applies in relation to a campaign contribution, the financial agent must maintain records of the following for each such contribution:

(

a) the circumstances in which the contribution was received;

(

b) to the extent possible, the information required under subsection (1) (

a) to (

e) of this section;

(

c) when and how the contribution was dealt with in accordance with

section 28;

(

d) any other information required by regulation.

(3) A financial agent who contravenes this

section commits an offence.

How payment in relation to election expenses may be made

(1) Subject to any applicable regulations, an individual or organization must not make a payment in relation to an election expense or intended election expense of a candidate or elector organization except as permitted under subsection (2) or (3).

(2) An individual may make a payment referred to in subsection (1) in relation to the election campaign of a candidate if

(

a) the payment is either

(

i) made out of a campaign account of the candidate, or

(ii) reimbursed from a campaign account of the candidate on the production of receipts, and

(

b) the individual making the payment is

(

i) the candidate,

(ii) the financial agent for the candidate, or

(iii) an individual authorized in writing by that financial agent.

(3) An individual may make a payment referred to in subsection (1) in relation to the election campaign of an elector organization if

(

a) the payment is either

(

i) made out of a campaign account of the elector organization, or

(ii) reimbursed from a campaign account of the elector organization on the production of receipts, and

(

b) the individual making the payment is

(

i) the financial agent for the elector organization, or

(ii) an individual authorized in writing by that financial agent.

(4) An individual or organization that contravenes subsection (1) commits an offence.

Part 3 – Third Party Election Advertising

Division 1 – General

Independence requirements for third party sponsors

(1) Subject to this section, an individual or organization must not sponsor third party advertising on behalf of or together with a candidate or elector organization in relation to the election campaign of the candidate or elector organization.

(2) A candidate may, as a third party sponsor, sponsor election advertising that is not an election expense of the candidate.

(3) An elector organization may, as a third party sponsor, sponsor election advertising that is not an election expense of the elector organization.

(4) An individual or organization that contravenes this

section commits an offence.

What are sponsorship contributions

(1) Subject to this

section and any applicable regulations, the following are sponsorship contributions:

(

a) the amount of any money, or the value of any non-monetary property or services, provided without compensation to an individual or organization for sponsorship use;

(

b) if property or services are provided at less than market value to an individual or organization for sponsorship use, the difference between the market value of the property or services at the time provided and the amount charged;

(

c) if

(

i) a third party sponsor offers property or services for the purpose of obtaining funds for sponsorship use, and

(ii) the property or services are acquired from the third party sponsor at greater than market value,

the difference between the market value of the property or services at the time acquired and the amount charged;

(

d) an unpaid amount in relation to the preparation or transmission of third party advertising sponsored by a third party sponsor, if

(

i) the third party sponsor is liable for payment in relation to that preparation or transmission,

(ii) any part of that debt remains unpaid for 6 months after the debt has become due, and

(iii) no legal proceedings to recover the debt have been commenced by the creditor;

(

e) the provision to a third party sponsor of property or services prescribed by regulation.

(2) For certainty, nothing in subsection (1) (

d) affects the rights of a creditor in relation to a debt that becomes a sponsorship contribution under that subsection.

(3) Subject to any applicable regulations, the value of the following is not a sponsorship contribution:

(

a) property and services that are deemed to have a nil value under

section 33 (5) [advertising expenses deemed to have nil value] ;

(

b) any other property or services prescribed by regulation.

Valuation rules for third party advertising and sponsorship contributions

(1) Unless otherwise expressly provided under this Act, the rules in this

section apply for the purpose of determining the value of third party advertising or a sponsorship contribution.

(2) The value of any property or services is

(

a) the price paid for the property or services, or

(

b) the market value of the property or services, if no price is paid or if the price paid is less than the market value.

(3) In the case of property that is a capital asset, the value of the property is the market value of using the property.

(4) Subject to subsection (5), the value of third party advertising is the value of property and services used in preparing the communication and transmitting it to the public.

(5) The value of the following property and services used as referred to in subsection (4) is deemed to be nil:

(

a) services provided by an individual, as the third party sponsor or as a volunteer;

(

b) any other property or services prescribed by regulation.

Division 2 – Rules in Relation to Sponsorship Contributions

and Sponsored Advertising

Restrictions on making sponsorship contributions

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

(

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

(

b) make a number of anonymous sponsorship contributions to the same third party sponsor in relation to one or more elections that are being held at the same time if, in total, the sponsorship contributions would be equal in value to more than $50;

(

c) make a sponsorship contribution, other than an anonymous sponsorship contribution that is permitted under this Act, without disclosing to the third party sponsor receiving the sponsorship contribution the information required to be recorded under

section 36 [records of sponsorship contributions and sponsored advertising] ;

(

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

(

e) make a sponsorship contribution indirectly by giving money, non-monetary property or services to an individual or organization

(

i) for that individual or organization to make as a sponsorship contribution, or

(ii) as consideration for that individual or organization making a sponsorship contribution.

(2) An individual or organization that contravenes this

section commits an offence.

Dealing with prohibited sponsorship contributions

(1) A third party sponsor must not accept

(

a) a sponsorship contribution for which the information required to be recorded under

section 36 is not provided, or

(

b) any other sponsorship contribution that the sponsor has reason to believe is made in contravention of this Act or the regulations under this Act.

(2) If a third party sponsor becomes aware that a sponsorship contribution was made or accepted in contravention of this Act or the regulations under this Act, the third party sponsor must, within 30 days after becoming aware of the contravention,

(

a) return the sponsorship contribution to the contributor, or

(

b) pay to the contributor an amount equal to the value of the sponsorship contribution.

(3) If a third party sponsor is not able to comply with subsection (2), the third party sponsor must, as soon as practicable, deal with the sponsorship contribution as follows:

(

a) in the case of a sponsorship contribution of money, pay to the BC chief electoral officer an amount equal to the value of the sponsorship contribution;

(

b) in any other case, either

(

i) pay to the BC chief electoral officer an amount equal to the value of the contribution, or

(ii) deal with the contribution in accordance with the directions of that officer.

(4) An individual or organization that contravenes this

section commits an offence.

Records of sponsorship contributions and sponsored advertising

(1) Subject to subsection (2) and any applicable regulations, for each sponsorship contribution received by a third party sponsor, the individual or organization must maintain records of the following information:

(

a) the value of the sponsorship contribution;

(

b) the date on which the sponsorship contribution was made;

(

c) the full name and mailing address of the contributor, unless it is an anonymous sponsorship contribution;

(

d) the contributor class of the contributor;

(

e) if the contributor is an organization, the full names and mailing addresses of

(

i) at least 2 individuals who are directors of the organization, or

(ii) if there are no directors, at least 2 individuals who are principal officials of the organization;

(

f) any other information required by regulation.

(2) If

section 35 [dealing with prohibited sponsorship contributions] applies in relation to a sponsorship contribution, the sponsor must maintain records of the following for each such sponsorship contribution:

(

a) the circumstances in which the sponsorship contribution was received;

(

b) to the extent possible, the information required under subsection (1) (

a) to (

e) of this section;

(

c) when and how the sponsorship contribution was dealt with in accordance with

section 35;

(

d) any other information required by regulation.

(3) A third party sponsor must maintain records and material respecting the sponsored third party advertising that are sufficient to meet the reporting requirements under this Act.

(4) The records and material required under this

section must be retained in British Columbia

(

a) by the sponsor, in the case of a third party sponsor who is an individual, and

(

b) by the authorized principal official, in the case of a third party sponsor that is an organization,

until 5 years after general voting day for the election to which the records and material relate.

(5) The recording, maintenance and retention of records and material under this

section and related receipts must be done in accordance with any requirements established by regulation.

(6) An individual or organization that contravenes this

section commits an offence.

Division 3 – Registration of Third Party Sponsors

Prohibition against sponsoring third party advertising if not registered

(1) An individual or organization that is not registered under this Division must not sponsor third party advertising.

(2) An individual or organization that contravenes subsection (1) commits an offence.

Application for registration – individual as third party sponsor

(1) An individual who wishes to register as a third party sponsor must submit to the BC chief electoral officer an application for registration that complies with the requirements under this Division.

(2) The application for registration must include the following information:

(

a) the full name of the applicant and, if this is different, the usual name of the individual;

(

b) the name of the sponsor and the mailing address, telephone number or email address that are to be used by the sponsor for the purpose of compliance with

section 44 [advertising must include sponsorship information] ;

(

c) the required contact information for the individual;

(

d) an address for service at which notices and other communications under this Act or other local elections legislation will be accepted as served on or otherwise delivered to the individual;

(

e) any other information required by regulation.

(3) An application for registration must be in a form approved by the BC chief electoral officer and, as applicable, must be filed in accordance with and comply with any other requirements established by regulation.

(4) In order to be accepted, an application for registration must be accompanied by a solemn declaration of the applicant that, to the best of the knowledge and belief of the applicant, the following are true:

(

a) the applicant is, and intends to continue to be, in compliance with the independence requirements of

section 31 [independence requirements for third party sponsors] ;

(

b) the applicant is not prohibited under this Act from sponsoring third party advertising;

(

c) the information provided in the application is complete and accurate;

(

d) the applicant

(

i) understands the requirements and restrictions that apply to the applicant under this Act, and

(ii) intends to fully comply with all of those requirements and restrictions;

(

e) any other matter prescribed by regulation.

(5) The third party sponsor must, as soon as practicable, provide updated information and material to the BC chief electoral officer in accordance with the requirements under subsections (2) and (3) if there is any change in the information or material that is required to be provided to the BC chief electoral officer under this section.

(6) A third party sponsor that contravenes subsection (5) commits an offence.

Application for registration – organization as third party sponsor

(1) An organization that wishes to register as a third party sponsor must submit to the BC chief electoral officer an application for registration that complies with the requirements under this Division.

(2) The application for registration must include the following information:

(

a) the full name of the organization and any abbreviations, acronyms and other names used by the organization;

(

b) the name of the sponsor and the mailing address, telephone number or email address that are to be used by the sponsor for the purpose of compliance with

section 44 [advertising must include sponsorship information] ;

(

c) a mailing address and telephone number at which the organization can be contacted;

(

d) an email address at which the organization can be contacted, unless the organization does not have such an address;

(

e) an address for service at which notices and other communications under this Act or other local elections legislation will be accepted as served on or otherwise delivered to the organization;

(

f) the name, required contact information and address for service of the authorized principal official of the organization;

(

g) the name, mailing address and address for service of each of the other responsible principal officials of the organization;

(

h) any other information required by regulation.

(3) An application for registration must be in a form approved by the BC chief electoral officer and, as applicable, must be filed in accordance with and comply with any other requirements established by regulation.

(4) In order for an application for registration to be accepted, the organization must provide the following to the BC chief electoral officer:

(

a) signed consents of the responsible principal officials to act as responsible principal officials of the organization;

(

b) a solemn declaration in accordance with subsection (5) of the authorized principal official of the organization.

(5) For purposes of subsection (4) (b), the authorized principal official of the applicant organization must make a solemn declaration that, to the best of the knowledge and belief of that official, the following are true:

(

a) the applicant is, and intends to continue to be, in compliance with the independence requirements of

section 31 [independence requirements for third party sponsors] ;

(

b) the applicant is not prohibited under this Act from sponsoring third party advertising;

(

c) the information provided in the application is complete and accurate;

(

d) the individual making the declaration is the authorized principal official of the applicant;

(

e) the applicant

(

i) understands the requirements and restrictions that apply to the applicant under this Act, and

(ii) intends to fully comply with all of those requirements and restrictions;

(

f) any other matter prescribed by regulation.

(6) The third party sponsor must, as soon as practicable, provide updated information and material to the BC chief electoral officer in accordance with the requirements under subsections (2), (3) and (4) (

a) if there is any change in who is the authorized principal official of the organization, in who are the responsible principal officials of the organization or in any other information or material that is required to be provided to the BC chief electoral officer under this section.

(7) A third party sponsor that contravenes subsection (6) commits an offence.

Responsible principal officials of third party sponsor

that is an organization

(1) From the time of applying for registration until all obligations applicable under this Act to the organization have been fulfilled, a third party sponsor that is an organization

(

a) must have at least 2 principal officials of the organization who have consented to be responsible principal officials of the organization, and

(

b) must have one of those responsible principal officials designated as the authorized principal official who is to

(

i) make declarations required under this Act or other local elections legislation in relation to the organization, and

(ii) retain records and material as required under

section 36 [records of sponsorship contributions and sponsored advertising] .

(2) An organization that contravenes subsection (1) commits an offence.

Registration by BC chief electoral officer

(1) Subject to this section, as soon as practicable after receiving an application in accordance with this Division, the BC chief electoral officer must register the applicant as a third party sponsor and notify the applicant of this registration.

(2) Subsection (1) does not apply if the BC chief electoral officer has reason to believe that any of the following apply:

(

a) the applicant is prohibited under this Act from sponsoring third party advertising;

(

b) the application for registration does not meet the requirements under this Division;

(

c) information in the required solemn declaration is false;

(

d) any other circumstances prescribed by regulation apply.

(3) The BC chief electoral officer may refuse to register an applicant under a name that, in the opinion of that officer,

(

a) is likely to be confused with a name, abbreviation or acronym of a candidate, elector organization or registered third party sponsor, or

(

b) in the case of an application by an organization, is likely to be confused with a name, abbreviation or acronym used by another organization.

(4) If the BC chief electoral officer refuses to register an applicant, that officer must provide the applicant with reasons for the refusal and an opportunity to provide further information for a reconsideration of the decision.

(5) Registration under this Division is effective only for the election or elections in relation to which the application for registration was made.

Part 4 – Non-Election Assent Voting Advertising and

Other Assent Voting Advertising Rules

Application of third party election advertising rules

to non-election assent voting advertising

(1) Subject to any exceptions provided by this Act and any applicable regulations,

(

a) Part 3 [Third Party Election Advertising] , and

(

b) any other provisions of this Act or the regulations that apply in relation to that Part,

apply to non-election assent voting advertising during an assent voting proceedings period as if the assent voting advertising were third party advertising during an election proceedings period.

(2) For certainty,

Part 7 [Enforcement] applies in relation to provisions that are made applicable under this

Part in relation to non-election assent voting advertising.

Assent voting advertising by local government

Part 3 [Third Party Election Advertising] and Division 2 [Disclosure Requirements for Candidates, Elector Organizations and Advertising Sponsors] of

Part 5 do not apply to assent voting advertising sponsored by the local government of the jurisdiction for which the assent voting is being held.

Part 5 – Transparency Requirements for

Local Elections and Assent Voting

Division 1 – Sponsorship of Election Advertising

and Assent Voting Advertising

Advertising must include sponsorship information

(1) Subject to any applicable regulations, an individual or organization must not sponsor election advertising or assent voting advertising, or transmit such advertising to the public, unless the advertising

(

a) identifies,

(

i) in the case of advertising sponsored by a candidate or elector organization as part of the candidate's or elector organization's campaign, the name of the financial agent, or

(ii) in any other case, the name of the sponsor,

(

b) indicates that it was authorized by the identified financial agent or sponsor,

(

c) gives a telephone number, email address or mailing address at which the financial agent or sponsor may be contacted regarding the advertising,

(

d) if applicable, indicates that the sponsor is a registered third party sponsor or assent voting advertising sponsor under this Act, and

(

e) meets any other requirements established by regulation.

(2) If information is required to be provided under subsection (1),

(

a) any telephone number given must have a British Columbia area code,

(

b) any mailing address given must be within British Columbia, and

(

c) the sponsor must make available an individual to be responsible for answering questions from individuals who are directed to the telephone number, email address or mailing address.

(3) The information required under subsection (1) must be provided

(4) For certainty, in the case of advertising that is sponsored in combination by multiple sponsors, the requirements of this

section apply in relation to each sponsor.

(5) An individual or organization that contravenes this

section commits an offence.

Restrictions on general voting day advertising

(1) An individual or organization must not sponsor or agree to sponsor election advertising or non-election assent voting advertising that is or is to be transmitted to the public on general voting day, whether the transmission is within British Columbia or outside British Columbia.

(2) An individual or organization must not transmit election advertising or non-election assent voting advertising to the public on general voting day.

(3) Subject to

section 153 (4) [prohibition on certain activities within 100 metres of voting proceedings on general voting day] of the Local Government Act and

section 125 (4) of the Vancouver Charter , subsections (1) and (2) of this

section do not apply in respect of the following election advertising or non-election assent voting advertising:

(

a) communication on the internet, if the communication was transmitted to the public on the internet before general voting day and was not changed before the close of general voting;

(

b) communication by means of signs, posters or banners;

(

c) communication by the distribution of pamphlets;

(

d) any other election advertising or non-election assent voting advertising prescribed by regulation.

(4) An individual or organization that contravenes this

section commits an offence.

Division 2 – Disclosure Requirements for Candidates,

Elector Organizations and Advertising Sponsors

Disclosure statements required for candidates,

elector organizations and advertising sponsors

(1) A disclosure statement in accordance with this Division must be filed with the BC chief electoral officer as follows:

(

a) for each individual who was declared to be a candidate in an election, a candidate disclosure statement respecting the election is required;

(

b) for each elector organization that endorsed one or more candidates in relation to one or more elections for a jurisdiction that were held at the same time, an elector organization disclosure statement respecting those elections is required;

(

c) for each individual or organization that sponsored third party advertising or registered under Division 3 [Registration of Third Party Sponsors] of

Part 3, a third party disclosure statement respecting the activities of the sponsor in relation to the applicable elections is required;

(

d) for each individual or organization that sponsored non-election assent voting advertising or registered under Division 3 of

Part 3 as it applies in relation to that advertising, an assent voting advertising disclosure statement respecting the activities of the sponsor in relation to the applicable assent voting is required.

(2) For certainty, the following apply in relation to the obligations under subsection (1):

(

a) a candidate disclosure statement is required even if the individual has no election expenses, receives no campaign contributions, is acclaimed, withdraws from the election or is declared by a court to no longer be a candidate;

(

b) an elector organization disclosure statement is required even if the elector organization has no election expenses, receives no campaign contributions, withdraws its endorsement of a candidate or is declared by a court to not be qualified to endorse a candidate;

(

c) a third party disclosure statement is required

(

i) even if the individual or organization registered but did not in fact sponsor any third party advertising, and

(ii) if the individual or organization did sponsor third party advertising, even if the individual or organization did not apply to register or did apply but was refused registration;

(

d) an assent voting advertising disclosure statement is required

(

i) even if the individual or organization registered but did not in fact sponsor any non-election assent voting advertising, and

(ii) if the individual or organization did sponsor non-election assent voting advertising, even if the individual or organization did not apply to register or did apply but was refused registration.

(3) The following apply in relation to what is to be disclosed in a single disclosure statement:

(

a) in relation to a candidate referred to in

section 4 (2) [candidate running in multiple elections] , a separate candidate disclosure statement must be filed in relation to each election in which the individual was a candidate;

(

b) in relation to an elector organization referred to in

section 5 (2) [endorsing in multiple jurisdictions] , a separate elector organization disclosure statement must be filed in relation to each jurisdiction in which the organization endorsed a candidate;

(

c) in relation to an individual or organization that sponsored third party advertising in relation to multiple elections being held at the same time, a single disclosure statement must be filed in relation to all those elections;

(

d) in relation to an individual or organization that sponsored non-election assent voting advertising in relation to multiple assent voting events being held at the same time, a separate disclosure statement must be filed in relation to each jurisdiction for which the assent voting was held.

Time limits for filing disclosure statements – filing on time,

late filing on payment of penalty fee, compliance deadline

(1) A disclosure statement must be filed

(

a) within 90 days after general voting day for the election or assent voting to which it relates, or

(

b) if applicable, within the period established under

section 90 [late filing extensions in extraordinary circumstances] ,

in order to avoid a late filing penalty fee.

(2) If a disclosure statement is not filed within the applicable time period under subsection (1), it may be filed within 120 days after general voting day for the election or assent voting on payment to the BC chief electoral officer of a late filing penalty fee of $500.

(3) For certainty, if separate disclosure statements are required under

section 46 (3) [disclosure statement coverage] , a late filing penalty fee applies in relation to each disclosure statement.

(4) The compliance deadline for filing a disclosure statement is the later of

(

a) the late filing deadline for the disclosure statement, and

(

b) if applicable, the last date for filing the disclosure statement as established by a court order for relief under

section 68 [court relief powers respecting disclosure requirements] .

Notice of failure to file within no-penalty fee period

(1) If a disclosure statement is not filed before the end of the time period under

section 47 (1) [time limit for filing without penalty fee] , the BC chief electoral officer must, as soon as practicable, give notice as follows:

(

a) in relation to a candidate disclosure statement, to the candidate and the financial agent;

(

b) in relation to an elector organization disclosure statement, to the elector organization, the financial agent, and the responsible principal officials of the elector organization;

(

c) in relation to a third party sponsor or assent voting advertising sponsor disclosure statement, to the sponsor and, if the sponsor is an organization, to the responsible principal officials of the organization.

(2) The notice under subsection (1) must include the following information:

(

a) that the disclosure statement was not filed within the time for filing without payment of a late filing penalty fee;

(

b) the date of the late filing deadline and the late filing penalty fee that must be paid;

(

c) the penalties that may apply under this Act for failure to file the disclosure statement;

(

d) that an application may be made to the Supreme Court for relief under Division 2 [Court Orders for Relief in Relation to Disclosure Requirements] of

Part 6;

(

e) any other information prescribed by regulation.

Candidate disclosure statement –

information and other requirements

(1) The financial agent for the candidate must file the candidate disclosure statement, and the candidate must ensure that the financial agent files the disclosure statement as required.

(2) Subject to any applicable regulations, a candidate disclosure statement must include information respecting the following, provided in accordance with the regulations:

(

a) the individuals who were at any time financial agents of the candidate, the campaign accounts of the candidate, and other matters respecting compliance with

Part 2 [Candidate and Elector Organization Campaign Financing] ;

(

b) election expenses of the candidate;

(

c) election proceedings period expenses of the candidate;

(

d) campaign contributions received by the candidate, including information respecting identification of significant contributors other than the mailing address of an individual;

(

e) 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;

(

f) property and services to which

section 13 (6) (

b) or (c) [exclusions from campaign contributions that must be disclosed] applies;

(

g) if

section 24 [what happens if a candidate has surplus campaign funds] applies, the amount of the balance remaining in the campaign accounts of the candidate and how the surplus has been dealt with;

(

h) if applicable, that the candidate was a third party sponsor during the election proceedings period for the election;

(

i) if applicable, other matters for which information is required by regulation.

(3) In addition to the requirements under subsection (2), a disclosure statement for a candidate who was endorsed by an elector organization, or who sought endorsement from an elector organization, must include information respecting the following, provided in accordance with the regulations:

(

a) transfers of property and provision of services as referred to in

section 13 (6) (a) [campaign transfers between candidates and elector organizations] ;

(

b) any other matters for which information is required by regulation.

Elector organization disclosure statement –

information and other requirements

(1) The financial agent for the elector organization must file the elector organization disclosure statement, and the responsible principal officials of the elector organization must ensure that the financial agent files the disclosure statement as required.

(2) Subject to any applicable regulations, an elector organization disclosure statement must include information respecting the following, provided in accordance with the regulations:

(

a) the candidates endorsed by the elector organization;

(

b) the individuals who were at any time financial agents of the elector organization, the campaign accounts of the elector organization, and other matters respecting compliance with

Part 2 [Candidate and Elector Organization Campaign Financing] ;

(

c) election expenses of the elector organization;

(

d) election proceedings period expenses of the elector organization;

(

e) campaign contributions received by the elector organization, including information respecting identification of significant contributors other than the mailing address of an individual;

(

f) if

section 23 (6) [campaign transfers from individual who was never declared as a candidate] applies, campaign contributions received by the candidate, including information respecting identification of significant contributors other than the mailing address of an individual;

(

g) 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;

(

h) transfers of property and provision of services as referred to in

section 13 (6) (a) [campaign transfers between candidates and elector organizations] ;

(

i) property and services to which

section 13 (6) (c) [other exclusions from campaign contributions that must be disclosed] applies;

(

j) the amount of any balance remaining in the campaign accounts of the elector organization before any surplus was dealt with;

(

k) if applicable, that the elector organization was a third party sponsor during the election proceedings period for the election or elections to which the elector organization disclosure statement relates;

(

l) any other matters for which information is required by regulation.

Third party disclosure statement –

information and other requirements

(1) The third party sponsor must file the third party disclosure statement and, if the sponsor is an organization, the responsible principal officials of the organization must ensure that the disclosure statement is filed as required.

(2) Subject to subsection (3) and any applicable regulations, the disclosure statement for the sponsor must include information respecting the following, provided in accordance with the regulations:

(

a) the sponsored third party advertising;

(

b) the sponsor's own funds used in relation to sponsoring that advertising;

(

c) the sponsorship contributions received by the sponsor, including information respecting identification of significant contributors other than the mailing address of an individual;

(

d) any other matters for which information is required by regulation.

(3) If the total value of third party advertising sponsored by an individual or organization in relation to elections being held at the same time is less than $500, the disclosure statement for the sponsor must include information respecting the advertising as required by regulation.

(4) If an individual or organization sponsored directed third party advertising in relation to elections for multiple jurisdictions being held at the same time, the statement must separately disclose that advertising in relation to each jurisdiction to which the directed advertising was specifically related.

(5) Subject to any applicable regulations, if third party advertising is sponsored by 2 or more third party sponsors acting in combination, the total value of that advertising must be disclosed by each participating sponsor.

Non-election assent voting advertising sponsor disclosure

statement – information and other requirements

(1) The assent voting advertising sponsor must file the assent voting advertising disclosure statement and, if the sponsor is an organization, the responsible principal officials of the organization must ensure that the disclosure statement is filed as required.

(2) Subject to subsection (3) and any applicable regulations, the disclosure statement for the sponsor must include information respecting the following, provided in accordance with the regulations:

(

a) the sponsored non-election assent voting advertising;

(

b) the sponsor's own funds used in relation to sponsoring that advertising;

(

c) the sponsorship contributions received by the sponsor, including information respecting identification of significant contributors other than the mailing address of an individual;

(

d) any other matters for which information is required by regulation.

(3) If, in relation to all assent voting covered by the disclosure statement, the total value of non-election assent voting advertising sponsored by an individual or organization is less than $500, the disclosure statement for the sponsor must include information respecting that advertising as required by regulation.

(4) Subject to any applicable regulations, if non-election assent voting advertising is sponsored by 2 or more sponsors acting in combination, the total value of that advertising must be disclosed by each participating sponsor.

Other requirements in relation to disclosure statements

53 In addition to all other requirements established by this Division, a disclosure statement must be in a form approved by the BC chief electoral officer and, as applicable, must

(

a) be filed in accordance with the regulations,

(

b) comply with any other requirements established by regulation, and

(

c) be accompanied by any other information or material required by regulation.

Requirement for supplementary report

(1) A supplementary report in accordance with this Division must be filed with the BC chief electoral officer as follows:

(

a) if advice referred to in paragraph (

b) has not been given, 30 days after an individual who is responsible for filing a disclosure statement, or for ensuring that a disclosure statement is filed, becomes aware

(

i) that any of the required information disclosed in the disclosure statement, or in a previous supplementary report in relation to that disclosure statement, has changed, or

(ii) that the disclosure statement or a previous supplementary report did not completely and accurately disclose the information required to be included;

(

b) if the BC chief electoral officer advises an individual referred to in paragraph (

a) of concerns that circumstances referred to in that paragraph may apply and subsequently gives written notice to the individual or organization that a supplementary report is required, 30 days after that written notice is given.

(2) Notice of the requirement for a supplementary report must be given as follows:

(

a) in the case of a requirement under subsection (1) (a), the individual who becomes aware of that requirement must notify the other individuals to whom that subsection applies;

(

b) if written notice is given under subsection (1) (b), the BC chief electoral officer must also notify

(

i) the other individuals to whom that subsection applies, and

(ii) in the case of a supplementary report in relation to a candidate or elector organization, the designated local authority officer.

(3) A supplementary report must include the following:

(

a) a report of the changed, added or corrected information, as applicable;

(

b) a statement of the circumstances that have led to the filing of the supplementary report;

(

c) any other information or material required by regulation.

(4) A supplementary report must be in a form approved by the BC chief elector officer and, as applicable, must

(

a) be filed in accordance with the regulations,

(

b) comply with any other requirements established by regulation, and

(

c) be accompanied by any other information or material required by regulation.

(5) Responsibilities in relation to filing a supplementary report under this

section are the same as for the applicable disclosure statement and, for these purposes, the following apply:

(a)

section 49 (1) [candidate disclosure responsibilities] ;

(b)

section 50 (1) [elector organization disclosure responsibilities] ;

(c)

section 51 (1) [third party disclosure responsibilities] ;

(d)

section 52 (1) [non-election assent voting advertising sponsor disclosure responsibilities] .

(6) The compliance deadline for filing a supplementary report is the later of

(

a) the end of the applicable 30-day period established under subsection (1) (

a) or (b), and

(

b) if applicable, the last date for filing the supplementary report as established by a court order for relief under

section 68 [court relief powers respecting disclosure requirements] .

Required declarations

(1) Subject to subsection (3), a disclosure statement or supplementary report must include a signed declaration of each of the individuals referred to in subsection (2), that, to the best of the knowledge and belief of the individual making the declaration, the statement or report, as applicable, completely and accurately discloses the information required under this Act.

(2) As applicable, declarations of the following individuals are required for the purposes of subsection (1):

(

a) in the case of a disclosure statement or supplementary report in relation to a candidate, declarations of the candidate and the financial agent for the candidate are required;

(

b) in the case of a disclosure statement or supplementary report in relation to an elector organization, declarations of the financial agent and the authorized principal official for the elector organization are required;

(

c) in the case of a disclosure statement or supplementary report in relation to a third party sponsor or assent voting advertising sponsor who is an individual, a declaration of the individual is required;

(

d) in the case of a disclosure statement or supplementary report in relation to a third party sponsor or assent voting advertising sponsor that is an organization, a declaration of the authorized principal official for the organization is required.

(3) If an application has been commenced under

section 66 [application for relief in relation to disclosure requirements] , in relation to the disclosure statement or supplementary report, a declaration under subsection (1) may be modified to indicate the deficiencies in the report for which relief is being sought in the application.

Disclosure requirements are subject to court orders for relief

56 The disclosure requirements in relation to a disclosure statement or supplementary report are subject to any applicable court order for relief under Division 2 [Court Orders for Relief in Relation to Disclosure Requirements] of

Part 6.

Offence for failure to file by compliance deadline

(1) This

section applies if a required disclosure statement or supplementary report in accordance with this Division is not filed by the compliance deadline.

(2) In the case of a disclosure statement or supplementary report in relation to a candidate, the candidate commits an offence and the financial agent for the candidate commits an offence.

(3) In the case of a disclosure statement or supplementary report in relation to an elector organization, the elector organization commits an offence and the financial agent for the elector organization commits an offence.

(4) In the case of a disclosure statement or supplementary report in relation to a third party sponsor or assent voting advertising sponsor, the sponsor commits an offence.

Division 3 – Public Access to Information

Public access to disclosure information –

Elections BC responsibilities

(1) Subject to this Part and any applicable regulations, until at least 5 years after general voting day for the election or assent voting to which a disclosure statement or supplementary report relates, the BC chief electoral officer must

(

a) make the information in the statement or report publicly available on an Elections BC authorized internet site, and

(

b) have a copy of the statement or report available for public inspection at the Elections BC office during its regular office hours.

(2) Information must be made available under subsection (1) as follows:

(

a) in the case of information in a disclosure statement that is filed before the end of the period for filing without payment of a late filing penalty fee, as soon as practicable after the end of that period;

(

b) in any other case, as soon as practicable after the BC chief electoral officer receives the disclosure statement or supplementary report.

(3) If a disclosure statement or supplementary report includes personal information of an individual that is not required under this Act to be included, the BC chief electoral officer

(

a) is authorized to collect that information,

(

b) may make, but is not required to make, the information available under subsection (1), and

(

c) for purposes of subsection (1) (b), may obscure or delete the information or provide for inspection a copy of the statement or report that does not include that information.

(4) Subject to

section 63 [restrictions on use of personal information] , on request and on payment of the reasonable costs of preparation or reproduction, a member of the public may obtain from the BC chief electoral officer

(

a) a record of the information made available under subsection (1) (a), or

(

b) a copy of a record available for inspection under subsection (1) (b).

(5) If an individual wishes to access, inspect or obtain a copy or other record under this section, the BC chief electoral officer may, before providing this service, require the individual to

(

a) satisfy the officer that any purpose for which personal information is to be used is permitted by

section 63, and

(

b) provide a signed statement that

(

i) the individual, and

(ii) if applicable, any individual or organization on whose behalf the first individual is accessing, inspecting or obtaining the copy or other record

will not use personal information included in the copy or other record except for a purpose permitted under this Act.

Public access to disclosure information –

local authority responsibilities

(1) Subject to this Part, the local authority for a jurisdiction must make at least one of the following available to the public without charge at the local authority offices during its regular office hours:

(

a) internet access to information that is related to the jurisdiction and is required to be publicly available under

section 58 (1) (a) [public access to disclosure information – Elections BC responsibilities] ;

(

b) a copy of that information available for public inspection.

(2) Subject to subsection (3), the local authority for a jurisdiction must, on request, provide a copy or other record of information referred to in subsection (1).

(3) A local authority may, by bylaw, impose a fee for providing a copy or other record under subsection (2).

(4) If a bylaw under subsection (3) applies, the local authority must make available to the public, on request, a report respecting how the fee was determined.

(5) If an individual wishes to access, inspect or obtain a copy or other record of information under this section, a local authority official of the jurisdiction may, before providing this service, require the individual to

(

a) satisfy the official that any purpose for which personal information is to be used is permitted by

section 63 [restrictions on use of personal information] , and

(

b) provide a signed statement that

(

i) the individual, and

(ii) if applicable, any individual or organization on whose behalf the first individual is accessing, inspecting or obtaining the copy or other record

will not use personal information included in the copy or other record except for a purpose permitted under this Act.

Disqualification lists to be maintained

(1) The BC chief electoral officer must make the following disqualification lists publicly available on an Elections BC authorized internet site:

(

a) in relation to candidate disqualification, the individuals who are subject to disqualification penalties under

section 64 (2) [failure to disclose] or 65 [conviction for false or misleading disclosure] and the jurisdiction to which the disqualifications relate;

(

b) in relation to elector organization disqualification, the organizations that are subject to disqualification penalties under

section 64 (3) [failure to disclose] or 65 [conviction for false or misleading elector disclosure] and the jurisdiction to which the disqualifications relate;

(

c) in relation to third party sponsor or assent voting advertising sponsor disqualification, the individuals and organizations that are subject to disqualification penalties under

section 64 (4) [failure to disclose] or 65 [conviction for false or misleading disclosure] .

(2) The disqualification lists under subsection (1) must be available for public inspection at the Elections BC office during its regular office hours.

Reports to local authority respecting non-compliance

(1) The BC chief electoral officer must, as soon as practicable, notify the designated local authority officer of a jurisdiction respecting the following in relation to an election or assent voting for the jurisdiction:

(

a) any notices given under

section 48 [notice of failure to file within no-penalty fee period] in relation to a disclosure statement for a candidate or elector organization;

(

b) any individuals or organizations that become subject to disqualification penalties referred to in

section 60 (1) (

a) or (b) [disqualification lists – candidate or elector organization disqualification] .

(2) As soon as practicable after being notified under subsection (1), the designated local authority officer must prepare a report respecting the notice, and the report must be presented at an open meeting of the local authority.

Other information to be publicly available

(1) The BC chief electoral officer must, as soon as practicable, make the following publicly available:

(

a) in relation to a candidate, the name and mailing address of the financial agent for the candidate as provided in the nomination documents or, if applicable, in updated information under

section 17 (6) [change in financial agent] ;

(

b) in relation to an elector organization,

(

i) the name and mailing address of the financial agent for the elector organization as provided under

section 19 [each elector organization must have a financial agent] , and

(ii) the name of the authorized principal official of the elector organization as provided under

section 21 [responsible principal officials of elector organization] ;

(

c) in relation to a registered third party sponsor or assent voting advertising sponsor,

(

i) the full name of the sponsor,

(ii) the information that is to be included under

section 38 (2) (b) [sponsor information to be provided in advertising by individual] or 39 (2) (b) [sponsor information to be provided in advertising by organization] , as applicable, and

(iii) in the case of a sponsor that is an organization, the name of the authorized principal official of the organization as provided under

section 40 [responsible principal officials of sponsor that is an organization] .

(2) The BC chief electoral officer must keep information referred to in subsection (1) publicly available through the election proceedings period or assent voting proceedings period, as applicable, for the election or assent voting to which the information relates and may then continue to make the information publicly available for the period that officer considers appropriate.

(3) For purposes of this section, the BC chief electoral officer

(

a) must have the information referred to in subsection (1) available for public inspection at the Elections BC office during its regular office hours, and

(

b) may make the information otherwise publicly available, including by making it available on an Elections BC authorized internet site.

Restrictions on use of personal information

(1) Where this Act requires or authorizes the disclosure, public inspection or other use of or access to records containing personal information, the personal information may be used only as follows:

(

a) for purposes of this Act or other local elections legislation;

(

b) for purposes of

(

i) Division 6 [Conflict of Interest] or 7 [Challenge of Council Member Qualification for Office] of

Part 4 of the Community Charter , including, for certainty, for purposes of those provisions as they apply to local authorities other than municipal councils,

(ii) sections 142.1 to 142.3 and 145.2 to 145.92 of the Vancouver Charter , including, for certainty, for purposes of those provisions as they apply to local authorities other than the Council of the City of Vancouver,

(iii)

Part 5 [Conflict of Interest] of the School Act , or

(iv) a conflict of interest provision of another enactment as prescribed by regulation;

(

c) for purposes authorized by the Freedom of Information and Protection of Privacy Act .

(2) An individual or organization that uses personal information from records referred to in subsection (1), other than as permitted under that subsection, commits an offence.

(3) To the extent of any inconsistency or conflict with the Freedom of Information and Protection of Privacy Act , this Act applies despite that Act.

Part 6 – Penalties for Failure to Comply with

Disclosure Requirements

Division 1 – Disqualification Penalties for Failure to Comply

with Disclosure Requirements

Disqualification penalties for failure to disclose

(1) Subject to a court order for relief under

section 68 (1) (c) [relief from obligation to file] , the penalties under this

section apply to a candidate, elector organization, third party sponsor or assent voting advertising sponsor for which a disclosure statement or supplementary report in accordance with

Part 5 [Transparency Requirements for Local Elections and Assent Voting] has not been filed by the compliance deadline.

(2) The following penalties apply in relation to the failure to file a candidate disclosure statement or supplementary report:

(

a) in the case of a candidate who was declared elected, the candidate ceases to hold office on the local authority and the seat of the member becomes vacant;

(

b) in all cases, the candidate is disqualified until after the next general local election from being nominated for, elected to or holding office on a local authority.

(3) The following penalties apply in relation to the failure to file an elector organization disclosure statement or supplementary report:

(

a) the elector organization is disqualified from endorsing a candidate until after the next general local election;

(

b) the elector organization is prohibited from accepting campaign contributions or incurring election expenses until after the next general local election.

(4) The following penalties apply in relation to the failure to file a third party disclosure statement or supplementary report, or an assent voting advertising sponsor disclosure statement or supplementary report:

(

a) the sponsor is prohibited from sponsoring third party advertising or non-election assent voting advertising until after the next general local election;

(

b) the sponsor is prohibited from accepting sponsorship contributions until after the next general local election.

(5) Subject to any applicable regulations, a candidate, elector organization, third party sponsor or assent voting advertising sponsor becomes subject to the penalties under this

section as follows:

(

a) if no application for relief under

section 66 [application for relief in relation to disclosure requirements] in relation to the disclosure statement or supplementary report is made in accordance with that section, on the day after the compliance deadline for the disclosure statement or supplementary report;

(

b) if an application referred to in paragraph (

a) has been commenced, on the later of

(i) 42 days after the compliance deadline, and

(ii) if applicable, the date set by court order under

section 69 [extension of time before disqualification penalties apply] .

(6) An individual or organization that contravenes a prohibition that applies under this

section commits an offence.

(7) For certainty,

(

a) the obligation to file a disclosure statement or supplementary report continues even after the candidate, elector organization, third party sponsor or assent voting advertising sponsor becomes subject to the penalties under this section, and

(

b) the penalties under this

section apply whether or not a prosecution for an offence under

section 57 [offence for failure to file by compliance deadline] has been commenced.

Disqualification penalties for false or misleading disclosure

(1) If a candidate, elector organization, third party sponsor or assent voting advertising sponsor is convicted of an offence under

section 84 [general offence in relation to false or misleading information] in relation to a disclosure statement or supplementary report, the following penalties apply at the time of conviction:

(

a) in relation to a candidate, the candidate is subject to the penalties that apply under

section 64 (2) [candidate disqualification penalties for failure to disclose] ;

(

b) in relation to an elector organization, the organization is subject to the penalties that apply under

section 64 (3) [elector organization disqualification penalties for failure to disclose] ;

(

c) in relation to a third party sponsor or assent voting advertising sponsor, the sponsor is subject to the penalties that apply under

section 64 (4) [sponsor disqualification penalties for failure to disclose] .

(2) An individual or organization that contravenes a prohibition that applies under subsection (1) commits an offence.

(3) If a conviction referred to in subsection (1) is appealed, the penalties under that subsection may not be stayed on the appeal.

(4) In the case of a candidate who is subject to penalties under subsection (1),

section 72 (2) and (3) [candidate disqualification ends] applies if the conviction is overturned on the final determination of an appeal.

Division 2 – Court Orders for Relief in Relation

to Disclosure Requirements

Application for relief in relation to disclosure requirements

(1) An application to the Supreme Court for relief from disclosure requirements under this Act may be made in accordance with this Division.

(2) An application under this

section may be made as follows:

(

a) for relief in relation to a candidate disclosure statement or supplementary report, the application may be made by the candidate or the financial agent for the candidate;

(

b) for relief in relation to an elector organization disclosure statement or supplementary report, the application may be made by the elector organization, the financial agent for the elector organization or a responsible principal official of the organization;

(

c) for relief in relation to a third party disclosure statement or supplementary report, or an assent voting advertising disclosure statement or supplementary report, the application may be made,

(

i) in the case of a sponsor who is an individual, by the individual, and

(ii) in the case of a sponsor who is an organization, by the organization or a responsible principal official of the organization.

(3) The time li