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2004 Legislative Session: 5th Session, 37th Parliament

FIRST READING

The following electronic version is for informational

purposes only.

The printed version remains the official version.

Ms. JOY MacPHAIL

BILL M 207 – 2004

ELECTION ACT AMENDMENT ACT

(An Act Limiting Government Advertising During

Elections and By-Elections)

Preamble

WHEREAS in June 1996 B.C.'s Auditor General issued a report which said in part that:

"Advertising undertaken either shortly before or after an election writ is issued should have a clear commercial or essential community information purpose and be necessary at that particular time. It should not give grounds, through its content or timing, for a claim that it is being used for partisan political gain."

AND

WHEREAS the public has responded favourably to the advice of the Auditor General on this matter:

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

Election Act

Section 1 of the Election Act, R.S.B.C., c. 106, is amended by adding the following definition:

"Government Advertising" means any communications through written or electronic media, funded in whole or in part, directly or indirectly, by taxpayers' dollars administered by the Provincial Government.

Section 235 (under

Part ll – Election Communications) is amended by adding:

Government Advertising

235 (

a) Government advertising is prohibited during the campaign period of either a general election or a by-election except as allowed by regulation as established under this act.

(

b) Government advertising is prohibited during the 4 months leading up to a general election except as allowed by regulation as established under this act.

Section 264 (Offences in relation to election advertising and other promotions) is amended by adding:

(3) (

a) A government that contravenes

Section 235 commits an offence.

(

b) The Premier of a government that commits an offence under subsection (3) (

a) is liable to a fine of not more than $5,000.

Part 13 – General is amended by adding:

Regulations regarding Government Advertising

284 Regulations specific to

Section 235 will be written by a non-partisan committee established by unanimous consent of the Legislature of British Columbia.

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