Elections to which this Act applies

1   (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:

Assent voting to which this Act applies

2   (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.

What is the election campaign of a candidate

4   (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

5   (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

6   (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

7   (1) Subject to subsection (2) and any applicable regulations, election advertising is the transmission to the public by any means,

(a) during the campaign period, of any of the following:

(i) a communication that promotes or opposes, directly or indirectly, the election of a candidate or an elector organization that is endorsing a candidate, including a communication that takes a position on an issue with which the candidate or elector organization is associated;

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

(iii) any other communications prescribed by regulation, and

(b) during the pre-campaign period for a general local election, of any of the following:

(i) a communication that promotes or opposes, directly or indirectly, the election of a candidate or an elector organization that is endorsing a candidate;

(ii) assent voting advertising that is election advertising under section 8 (3);

(iii) 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 the individual's personal views;

(e) any other transmissions prescribed by regulation.

(3) For certainty, election advertising includes the following activities, if the activities are conducted on a commercial basis:

(a) canvassing voters, in person, by telephone or over the internet, to attempt to influence how voters vote;

(b) mailing material that contains a communication referred to in subsection (1).

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

8   (1) Subject to subsection (5), assent voting advertising is the transmission to the public by any means, during the following applicable periods, 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 a general local election, the pre-campaign period and campaign period for the general local election;

(b) in the case of assent voting that is relevant to an election other than a general local election, the campaign period for the election;

(c) 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 the individual's personal views;

(e) any other transmissions prescribed by regulation.

(6) For certainty, assent voting advertising includes the following activities, if the activities are conducted on a commercial basis:

(a) canvassing voters, in person, by telephone or over the internet, to attempt to influence how voters vote;

(b) mailing material that contains a communication referred to in subsection (1).

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

9   (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) [Repealed 2017-21-2.]

(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.

Election, pre-campaign, campaign and assent voting proceedings period

10   (1) The election 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 the local authority office that is to be filled by the by-election becomes vacant, or

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

(b) ends at the beginning of the campaign period for the election.

(1.1) The pre-campaign period in relation to a general local election is the period that

(a) begins on the eighty-ninth day before general voting day for the election, and

(b) ends on the twenty-ninth day before general voting day for the election.

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

(a) begins on the twenty-eighth day before general voting day for the election, and

(b) ends, as applicable,

(i) in the case of an election by voting, at the close of general voting for the election, or

(ii) 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 twenty-eighth 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

12   (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.

Campaign contributions to candidate and elector organization generally

13   (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

(i) a candidate for campaign use, or

(ii) an elector organization for any use;

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

(c) if property or services are acquired for greater than market value from a candidate for the purpose of obtaining funds for campaign use or from an elector organization for the purpose of obtaining funds for any use, the difference between

(i) the market value of the property or services at the time acquired, and

(ii) the amount charged;

(d) the amount of any money provided by a candidate for use in the candidate's own campaign;

(e) [Repealed 2017-21-3.]

(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 elector organization;

(h) the unpaid amount of a debt, other than a debt arising from a loan, 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.

(3.1) If the unpaid amount of a debt referred to in subsection (1) (h) of this section

(a) is payable to an organization or an individual, other than an eligible individual, and

(b) becomes a campaign contribution under that subsection,

section 28 [dealing with prohibited campaign contributions] applies as if the unpaid amount of the debt were a campaign contribution made or accepted in contravention of this Act or the regulations under this Act.

(3.2) The unpaid amount of a debt referred to in subsection (1) (h) becomes a campaign contribution under that subsection in the calendar year in which the debt arises.

(4) For purposes of this Act, property or services are considered to be provided for campaign use if they are provided to a candidate for use in the election campaign of the candidate 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;

(b.1) non-monetary property or services provided by a candidate for use in the candidate's own campaign;

(b.2) non-monetary property or services provided by an elector organization for use by the elector organization for any purpose;

(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.

Campaign contributions through fundraising functions

13.01   (1) An organization or an individual, other than an eligible individual, must not pay a charge per individual for a fundraising function.

(2) If an eligible individual makes a payment of greater than $50 for one or more charges per individual for a fundraising function, the amount of the payment is a campaign contribution by the eligible individual.

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

Campaign contributions through loans

13.02   (1) Subject to any applicable regulations, a permissible loan made to a candidate or elector organization is not a campaign contribution, but

(a) the loan 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], and

(b) if the loan is made by an eligible individual, it must be treated as if it were a campaign contribution for the purpose of determining whether the eligible individual exceeds an applicable campaign contribution limit.

(2) Despite subsection (1), the unpaid amount of a permissible loan made by an eligible individual to a candidate or elector organization is a campaign contribution in the calendar year in which the loan is made if

(a) that part of the loan remains unpaid for 6 months after it becomes due and no legal proceedings to recover the loan have been commenced by the eligible individual, or

(b) the eligible individual forgives that part of the loan.

(3) Despite subsection (1), the unpaid amount of a permissible loan made by a savings institution to a candidate or elector organization is a campaign contribution in the calendar year in which the loan is made if the savings institution does not make commercially reasonable efforts to collect or enforce that part of the loan.

(4) In the circumstances described in subsection (3), section 28 [dealing with prohibited campaign contributions] applies as if the unpaid amount of the loan were a campaign contribution made or accepted in contravention of this Act or the regulations under this Act.

(5) For certainty, nothing in subsection (2) or (3) affects the rights of a creditor in relation to a permissible loan that becomes a campaign contribution under those subsections.

Election expenses of candidates and elector organizations

14   (1) Subject to this section and any applicable regulations, an election expense in relation to an election is the value of property or services used in an election campaign.

(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.

(6) Subject to any applicable regulations, the value of each of the following is an election expense, but is not to be included as an election expense for the purpose of determining whether a candidate or an elector organization has exceeded an expense limit under Part 5.1 [Expense Limits]:

(a) personal election expenses within the meaning of subsection (7) in relation to a candidate;

(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 campaign periods or election periods, including salaries and wages paid by the elector organization to its permanent staff;

(f) interest on a permissible loan to a candidate or elector organization for election period expenses or campaign period expenses;

(g) any other expenses prescribed by regulation.

(7) The following expenses, if they are reasonable, are personal election 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 election 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 the candidate requires to assist the candidate in performing the functions necessary for seeking election;

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

What are election period and campaign period expenses

15   Subject to any applicable regulations,

(a) an election period expense in relation to an election is an election expense that is incurred during the election period, and

(b) a campaign period expense in relation to an election is an election expense that is incurred during the campaign period.

Valuation rules for campaign contributions, election period expenses and campaign period expenses

16   (1) Subject to any applicable regulations, the rules in this section apply for the purpose of determining the value of a campaign contribution or of an 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.

Each candidate must have a financial agent

17   (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 the candidate's 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

18   (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) [Repealed 2017-21-6.]

(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;

(g.1) making payments on a permissible loan;

(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;

(a.1) a permissible loan;

(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

19   (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) [Repealed 2021-5-8.]

(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) and (7) [Repealed 2021-5-8.]

(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

20   (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) [Repealed 2017-21-7.]

(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 30.17 [transfer of elector organization's 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;

(f.1) making payments on a permissible loan;

(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;

(a.1) a permissible loan;

(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

21   (1) From the earlier of the appointment of a financial agent and the time of submitting an application for registration until the elector organization has been deregistered in accordance with this Act, 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) and (3) [Repealed 2021-5-10.]

(4) For certainty, the individual identified as the authorized principal official of an elector organization in the most recent information and material provided under section 30.07 (2) [information to be included in application for registration] or 30.11 (1) [notice of change in registration information], as applicable, has the responsibilities of that position under this Act.

(5) An elector organization that contravenes this section commits an offence.

Recording requirements for candidates and elector organizations

22   (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.

(1.1) Without limiting subsection (1), the financial agent must record the following in relation to a permissible loan made to the candidate or elector organization, as applicable:

(a) if the loan is made by an eligible individual, the full name and residential address of the eligible individual;

(b) if the loan is made by a savings institution, the name of the savings institution;

(c) the amount of the loan;

(d) the date the loan is made;

(e) the date the loan is due;

(f) the rate of interest, if any, charged for the loan;

(g) if the loan is made by a savings institution, the prime rate of the principal banker to the government at the time the rate of interest for the loan is fixed;

(h) any other information prescribed by regulation.

(1.2) Without limiting subsection (1), if the financial agent for an elector organization or a financial agent for a candidate must comply with section 30.05 [campaign contribution limits — elector organization and endorsed candidates], the financial agent must record the following:

(a) the date the financial agent for an elector organization returned a campaign contribution to a contributor under section 30.05 (5) (a), the amount of the campaign contribution and the full name of the contributor;

(b) the date the financial agent for an elector organization paid an amount equal to the value of a campaign contribution to a contributor under section 30.05 (5) (b), the amount paid and the full name of the contributor;

(c) the date the financial agent for an elector organization paid an amount of a permissible loan to a lender under section 30.05 (5) (c), the amount of the permissible loan paid and, if the lender is an eligible individual, the full name of the lender;

(d) the date the financial agent for a candidate returned a campaign contribution to a contributor under section 30.05 (7) (a), the amount of the campaign contribution and the full name of the contributor;

(e) the date the financial agent for a candidate paid an amount equal to the value of a campaign contribution to a contributor under section 30.05 (7) (b), the amount paid and the full name of the contributor;

(f) the date the financial agent for a candidate paid an amount of a permissible loan to a lender under section 30.05 (7) (c), the amount of the permissible loan paid and, if the lender is an eligible individual, the full name of the lender;

(g) any other information prescribed by regulation.

(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 the following disclosure requirements have been fulfilled:

(A) all disclosure requirements under this Act in relation to the applicable elections;

(B) the requirements to file an annual financial report or supplementary report, and

(ii) after those disclosure requirements have been fulfilled, by the authorized principal official of the elector organization until 5 years after the following, as applicable:

(A) general voting day for the election or elections to which the records and material relate;

(B) the compliance deadline for filing the annual financial report or supplementary report 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

23   (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 campaign 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 must be returned to the candidate from the campaign account of the elector organization.

(6) [Repealed 2017-21-9.]

(7) An elector organization that contravenes subsection (5) commits an offence.

What happens if a candidate has surplus campaign funds

24   (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 the candidate's 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.

Repealed

25   [Repealed 2021-5-12.]

Restrictions on making campaign contributions

26   (0.1) An organization or an individual, other than an eligible individual, must not make a campaign contribution.

(1) An eligible individual 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) [Repealed 2017-21-10.]

(1.1) An eligible individual must not make campaign contributions in a calendar year that, in total, exceed an applicable campaign contribution limit.

(2) 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.

(2.01) An individual or organization must not make a campaign contribution indirectly by providing money, non-monetary property or services to an eligible individual

(a) for the eligible individual to make as a campaign contribution, or

(b) as consideration for that eligible individual making a campaign contribution.

(3) An individual or organization that contravenes this section commits an offence.

Restrictions in relation to accepting campaign contributions

27   (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.

(1.01) A financial agent or an individual authorized under subsection (1) must not accept

(a) a campaign contribution from an organization or an individual, other than an eligible individual, or

(b) campaign contributions from an eligible individual that exceed an applicable campaign contribution limit.

(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.

Restrictions on making loans to candidates and elector organizations

27.01   (1) Subject to subsection (2), an individual or organization must not make a loan

(a) to a candidate for campaign use, or

(b) to an elector organization for any use.

(2) An eligible individual or a savings institution may make a permissible loan

(a) to a candidate for campaign use, or

(b) to an elector organization for any use.

(3) As an exception to subsection (2), an eligible individual must not make a permissible loan to a candidate for campaign use or to an elector organization for any use in an amount that would bring the total value of campaign contributions and permissible loans made by the eligible individual to an amount greater than an applicable campaign contribution limit.

(4) For certainty, this section applies whether the permissible loan is made or accepted before or after the start of a campaign period.

(5) An individual or organization that contravenes this section commits an offence.

Restrictions in relation to accepting loans for campaign use

27.02   (1) A candidate must not accept a loan, other than a permissible loan, for campaign use.

(1.1) An elector organization must not accept a loan, other than a permissible loan, for any use.

(2) A candidate must not accept a permissible loan from an eligible individual for campaign use and an elector organization must not accept a permissible loan from an eligible individual for any use if the amount of the loan would bring the total value of campaign contributions and permissible loans made by the eligible individual to an amount greater than an applicable campaign contribution limit.

(3) If a candidate, elector organization or financial agent for a candidate or elector organization becomes aware that the candidate or elector organization, as applicable, has accepted a loan in contravention of subsection (1), (1.1) or (2), the financial agent must, within 30 days after the candidate, elector organization or financial agent becomes aware of the contravention,

(a) return the loan to the lender, or

(b) pay to the lender an amount equal to the value of the loan.

(4) If subsection (3) applies, the financial agent for the candidate or elector organization must record the following for each loan:

(a) the circumstances in which the loan was accepted;

(b) the information required under section 22 (1.1) [recording requirements for loans];

(c) when and how the loan was dealt with in accordance with subsection (3) of this section;

(d) any other information prescribed by regulation.

(5) For certainty, this section applies whether the loan is made or accepted before or after the start of a campaign period.

(6) A financial agent, candidate or elector organization that contravenes this section commits an offence.

Dealing with prohibited campaign contributions

28   (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, unless all campaign accounts of the candidate or elector organization have been closed.

(4) A financial agent who contravenes this section commits an offence.

Campaign contribution information that must be recorded

29   (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) unless it is an anonymous campaign contribution, the full name, mailing address and, if it is different, residential address of the contributor;

(d) whether the campaign contribution is an anonymous campaign contribution;

(e) [Repealed 2017-21-13.]

(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 (d) of this section;

(b.1) if the contribution was made by an organization, the name of the organization;

(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

30   (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.

Campaign contribution limits for 2017 and 2018

30.01   (1) Subject to any applicable regulations, in relation to the 2018 general local election, for each of 2017 and 2018, the campaign contribution limit is $1 200 for a candidate who is not endorsed by an elector organization in relation to an election campaign of the candidate.

(2) Subject to any applicable regulations, in relation to the 2018 general local election, for each of 2017 and 2018, the campaign contribution limit is $1 200 for any one elector organization and all the candidates endorsed by the elector organization in relation to an election campaign of the elector organization.

Campaign contributions — elector organizations and endorsed candidates

30.02   Section 30.05 [campaign contributions — elector organizations and endorsed candidates] applies in relation to an applicable campaign contribution limit for 2017 and 2018.

Application of Division

30.03   As an exception to section 1 [elections to which this Act applies], this Division applies to one or more of the following:

(a) an election prescribed by regulation;

(b) an election prescribed by regulation in an election area prescribed by regulation;

(c) an election prescribed by regulation for all the election areas in the geographic area associated with a jurisdiction prescribed by regulation.

Campaign contribution limits for 2019 and subsequent years

30.04   (1) In this section, "base year" means 2019 or a subsequent calendar year for which a campaign contribution limit is established under subsection (2) or (3).

(2) Subject to any applicable regulations, the campaign contribution limit for a base year is, for a candidate who is not endorsed by an elector organization in relation to an election campaign of the candidate, an amount prescribed by regulation or determined in accordance with the regulations.

(3) Subject to any applicable regulations, the campaign contribution limit for a base year is, for any one elector organization and all the candidates endorsed by the elector organization in relation to an election campaign of the elector organization, an amount prescribed by regulation or determined in accordance with the regulations.

(4) Subject to any applicable regulations, for a calendar year other than a base year, the BC chief electoral officer must establish the campaign contribution limits for that year by

(a) determining the ratio between the consumer price index at January 1 of the base year and the consumer price index at January 1 of the year in which the limit applies, and

(b) applying the ratio to adjust the amount prescribed or determined under subsection (2) and (3) that is to apply for that year.

(5) For the purpose of establishing a campaign contribution limit under subsection (4), the BC chief electoral officer has the discretion to determine

(a) whether to use a consumer price index prepared by the director under the Statistics Act (British Columbia) or a consumer price index published by Statistics Canada under the Statistics Act (Canada), and

(b) which consumer price index is applicable for a particular time.

(6) As soon as practicable after January 1 of each year, the BC chief electoral officer must

(a) have the campaign contribution limits established under subsection (4) published in the Gazette, and

(b) make that information publicly available on an Elections BC authorized internet site.

Campaign contributions — elector organizations and endorsed candidates

30.05   (1) In this section, "excess campaign contributions" means

(a) permissible loans made by an eligible individual, and

(b) campaign contributions

that are accepted by an elector organization and the candidates endorsed by the elector organization and that, in total, exceed an applicable campaign contribution limit.

(2) As soon as practicable after an elector organization endorses a candidate in an election, the financial agent for the candidate must provide to the financial agent for the elector organization the following information in relation to the election campaign of the candidate for that election:

(a) the amount and date of each campaign contribution accepted by the candidate;

(b) the full name of the contributor of each campaign contribution accepted by the candidate, unless the contributor is an anonymous contributor;

(c) the amount and date of each permissible loan made by an eligible individual and accepted by the candidate;

(d) the full name of the eligible individual who made the permissible loan;

(e) any other information prescribed by regulation.

(3) As soon as practicable after receiving the information under subsection (2), the financial agent for the elector organization must review the information.

(4) If, after the review under subsection (3) or at any other time after an elector organization endorses a candidate, the financial agent for the elector organization becomes aware that there are excess campaign contributions, the financial agent for the elector organization must comply with subsection (5) and, if applicable, subsection (6).

(5) If there are excess campaign contributions, the financial agent for the elector organization must do one or more of the following:

(a) return to one or more contributors one or more campaign contributions accepted by the elector organization;

(b) pay to one or more contributors an amount equal to the value of one or more campaign contributions accepted by the elector organization;

(c) pay to one or more lenders an amount of one or more permissible loans made to and accepted by the elector organization.

(6) If, after complying with subsection (5), the financial agent for the elector organization determines that there continue to be excess campaign contributions, the financial agent for the elector organization must, as soon as practicable, notify the financial agent for one or more candidates of the excess campaign contributions.

(7) As soon as practicable after receiving a notification under subsection (6), a financial agent for a candidate must do one or more of the following to ensure that there are no excess campaign contributions:

(a) return to one or more contributors one or more campaign contributions accepted by the candidate;

(b) pay to one or more contributors an amount equal to the value of one or more campaign contributions accepted by the candidate;

(c) pay to one or more lenders an amount of one or more permissible loans made to and accepted by the candidate.

(8) A financial agent who contravenes this section commits an offence.

Requirement to register

30.06   (1) An elector organization must be registered in order to do any of the following:

(a) endorse a candidate;

(b) accept a campaign contribution;

(c) enter into a campaign financing arrangement;

(d) incur an election expense.

(2) If the registration of an elector organization is suspended under this Act, during the period of the suspension, the elector organization must not do anything referred to in subsection (1) (a) to (d).

(3) Subject to sections 64 (4.1), 65 (1.1), 68.01 (6) and 68.03 (4) [contributions accepted for purpose of paying debts], an elector organization that is not registered, or an individual acting on behalf of an organization that is not registered, must not do anything that a registered elector organization may do under subsection (1) of this section.

(4) An elector organization that contravenes this section commits an offence.

Application for registration — elector organization

30.07   (1) In order to be registered, an elector organization must

(a) submit to the BC chief electoral officer an application for registration in accordance with this section,

(b) have a membership that, at the time the signed declaration referred to in subsection (4) is made, includes at least 50 electors of a jurisdiction for which an election is to be held,

(c) have a financial agent appointed in accordance with section 19 [each elector organization must have a financial agent],

(d) have a campaign account established in accordance with section 20, and

(e) have at least 2 principal officials who have consented to be responsible principal officials in accordance with section 21.

(2) An application for registration must be signed by the authorized principal official of the elector organization and must include the following:

(a) the legal name of the elector organization, if applicable;

(b) the usual name of the elector organization, if the usual name is different from the legal name, or if the elector organization has no legal name;

(c) any abbreviations, acronyms or other names used by the elector organization to refer to itself;

(d) the name, abbreviation or acronym by which the elector organization proposes to be identified on the ballot;

(e) the name of each jurisdiction for which the elector organization intends to endorse a candidate in an election;

(f) the address of the place or places where records of the elector organization are maintained;

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

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

(i) 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;

(j) a copy of the appointment and consent of the financial agent referred to in section 19;

(k) the names and addresses of the savings institutions at which the elector organization maintains a campaign account;

(l) the names and addresses of the savings institutions at which the elector organization maintains an account other than a campaign account;

(m) a statement of the assets and liabilities of the elector organization as of a date not earlier than 90 days before the date the application is submitted to the BC chief electoral officer;

(n) a signed statement of the financial agent of the elector organization, verifying the accuracy of the statement submitted under paragraph (m);

(o) 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) An application for registration must be accompanied by a signed declaration of the authorized principal official of the elector organization that, to the best of the knowledge and belief of the authorized principal official, the following are true:

(a) the applicant has a membership of at least 50 electors of the jurisdiction for which it seeks to endorse a candidate;

(b) the applicant is not prohibited from reregistering as a result of having been deregistered under Division 1 [Penalties for Failure to Comply with Disclosure Requirements] of Part 6;

(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) the applicant intends to endorse a candidate in an election;

(g) the applicant has authorized the official to make the signed declaration;

(h) any other matter prescribed by regulation.

Prohibitions regarding elector organization names and other identification

30.08   (1) An elector organization must not be registered if any of the forms of identification referred to in section 30.07 (2) (a) to (d)

(a) is likely, in the opinion of the BC chief electoral officer, to be confused with that of another elector organization

(i) that is currently registered in relation to the same jurisdiction,

(ii) that has an earlier application for registration, in relation to the same jurisdiction, pending before the BC chief electoral officer, or

(iii) that was registered in relation to the same jurisdiction at any time during the previous 10 years, or

(b) includes any information that is prohibited by section 115 (3) of the Local Government Act from being included on a ballot.

(2) Despite subsection (1), the BC chief electoral officer may register an elector organization in a circumstance where any of the forms of identification referred to in section 30.07 (2) (a) to (d) is the same as or similar to that of another elector organization if both of the following apply:

(a) the other elector organization has been deregistered for at least the previous 4 years;

(b) the name of the other elector organization has not appeared on a ballot at any time in the past 10 years.

(3) For the purposes of this section, an elector organization is registered in relation to a jurisdiction if

(a) in its application for registration under section 30.07, the elector organization names the jurisdiction as a jurisdiction for which the elector organization intends to endorse a candidate in an election, and

(b) the elector organization is registered under section 30.09.

Processing of applications for registration

30.09   (1) The BC chief electoral officer must consider each application for registration that is received and determine whether the applicant elector organization meets the requirements for registration.

(2) Subject to subsection (3), a determination under subsection (1) must be completed within 30 days after the application is received.

(3) If an election is called and an application for registration is received within 30 days of the date on which the nomination period begins, a determination under subsection (1) must be made within 30 days after the general voting day for the election.

(4) If the applicant elector organization meets the requirements for registration, the BC chief electoral officer must

(a) register the elector organization in the register of elector organizations, and

(b) notify the elector organization of the date on which it was registered.

(5) The BC chief electoral officer

(a) may require the authorized principal official to provide any additional information or evidence the BC chief electoral officer considers necessary to make a determination under subsection (1), and

(b) has the discretion to determine whether an elector organization applying for registration is the same as one that was previously registered or a new applicant for registration.

(6) If an applicant elector organization does not meet the requirements for registration, the BC chief electoral officer must notify the elector organization in writing and provide written reasons for rejecting the application.

(7) Subject to subsection (8), an elector organization whose application does not meet the requirements set out in section 30.07 may submit an amended application.

(8) If the requirements set out in section 30.07 are not met within 30 days of the receipt by an applicant of a notification under subsection (6), the BC chief electoral officer must discontinue the consideration of the application under this section.

Register to be open to public

30.10   (1) The BC chief electoral officer must maintain a register of the elector organizations that are registered, suspended or deregistered under this Act.

(2) The register of elector organizations must

(a) be made publicly available on an Elections BC authorized internet site,

(b) be available for public inspection at the office of the BC chief electoral officer during its regular office hours, and

(c) include the name of the financial agent of each elector organization, the required contact information for the financial agent and the information referred to in section 30.07 (2) (a) to (e) and (g).

Change in registration information

30.11   (1) If there is any change to the information referred to in section 30.07 (2) [information included in application for registration], the elector organization must file with the BC chief electoral officer a notice of the change as soon as practicable.

(2) A notice filed under subsection (1) must be in a form approved by the BC chief electoral officer and must be signed by the authorized principal official of the elector organization.

(3) If satisfied that a notice under subsection (2) is authorized by the elector organization for which it is made, the BC chief electoral officer must amend the register of elector organizations to reflect the change.

(4) On request by the BC chief electoral officer, an elector organization must provide any information or evidence that the BC chief electoral officer considers necessary to confirm that any of the following information is correct:

(a) the information in the notice referred to in subsection (1);

(b) the information referred to in section 30.07 (2) currently filed with the BC chief electoral officer.

(5) If the elector organization does not file a notice of a change in accordance with subsection (1) within 60 days after the date of the change, the BC chief electoral officer may suspend the registration of an elector organization, and the suspension continues until the notice is filed in accordance with subsection (1).

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

Change in elector organization name or form of identification

30.12   (1) A registered elector organization must not make a change to a form of identification referred to in section 30.07 (2) (a) to (d) [forms of identification included in application for registration], unless the change has been approved in advance by the BC chief electoral officer.

(2) For the purposes of subsection (1), the elector organization must apply to the BC chief electoral officer as provided in section 30.11 (2), and sections 30.08 [prohibitions regarding elector organization names and other identification] and 30.09 [processing of applications for registration] apply.

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

How elector organization may be deregistered

30.13   An elector organization may be deregistered as follows:

(a) by voluntary deregistration in accordance with section 30.14;

(b) by deregistration in accordance with Division 1 [Penalties for Failure to Comply with Disclosure Requirements] or Division 3 [Expense Limit Penalties] of Part 6.

Voluntary deregistration

30.14   (1) A registered elector organization may apply to the BC chief electoral officer for deregistration in accordance with this section.

(2) An elector organization may not apply for deregistration under this section if the elector organization is subject to deregistration or suspension because

(a) it has not filed disclosure statements, annual financial reports or supplementary reports in accordance with Part 5 [Transparency Requirements for Local Elections and Assent Voting],

(b) a candidate endorsed by the elector organization has not filed disclosure statements or supplementary reports in accordance with Part 5, or

(c) it has election expenses greater than the amount permitted by Part 5.1 [Expense Limits] and has not yet paid an applicable penalty under section 68.02 [monetary penalties for exceeding expense limits or amount available].

(3) An application for deregistration must be in a form approved by the BC chief electoral officer, must be signed by the authorized principal official of the elector organization and must include the following:

(a) the legal name of the elector organization, if applicable;

(b) the name of each jurisdiction for which the elector organization endorsed or intended to endorse a candidate in an election;

(c) the name, required contact information and address for service of the authorized principal official of the elector organization.

(4) If satisfied that an application for deregistration is authorized by the elector organization for which it is made, the BC chief electoral officer must deregister the elector organization.

(5) If an elector organization applying to be deregistered has endorsed a candidate in an election in progress, the BC chief electoral officer must not deregister the elector organization until after general voting day for the election.

Notice of deregistration or suspension

30.15   (1) The BC chief electoral officer must specify and record in the register the effective date of the deregistration or suspension of an elector organization.

(2) The BC chief electoral officer must give notice of a deregistration or suspension, including the effective date and the reasons for the deregistration or suspension, to the deregistered or suspended elector organization.

Disclosure statements required on deregistration

30.16   (1) An elector organization that is deregistered must file the following with the BC chief electoral officer within 6 months of deregistration:

(a) a financial report prepared in accordance with section 45.1 [annual financial reports] for the period from the date of the last annual financial report prepared in accordance with that section up to and including the last day the elector organization was registered;

(b) a report of the financial activity of the elector organization between the end of the period referred to in paragraph (a) and the date, as applicable,

(i) on which the funds of the organization are transferred under section 30.17, or

(ii) on which the organization reports to the BC chief electoral officer that there are no funds to be transferred;

(c) any other information required by regulation.

(2) An elector organization that contravenes this section commits an offence.

Transfer of elector organization's surplus campaign funds

30.17   The financial agent of an elector organization that is deregistered may pay to the elector organization, or in accordance with the directions of the elector organization, the balance remaining in the campaign account of the elector organization 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) the completion of any transfers in accordance with section 23 (2) [campaign transfers from elector organization to endorsed candidates].

Reregistration

30.18   (1) Unless it is deregistered under section 30.14, an elector organization that has been deregistered may not apply to be reregistered until after the general local election following the effective date of the deregistration.

(2) An elector organization that is deregistered under section 30.14 may apply to be reregistered at any time.

(3) In order to reregister, an elector organization must

(a) submit to the BC chief electoral officer an application for reregistration that complies with the requirements set out under section 30.07 [application for registration — elector organization],

(b) satisfy the BC chief electoral officer that the elector organization is the same elector organization that was previously registered,

(c) fulfill the requirements established under this Act, including, without limitation, filing annual financial reports and disclosure statements and paying monetary penalties, unless the elector organization has been granted relief from the requirements in accordance with section 68, 68.07 or 68.18 [court relief powers], and

(d) file with the BC chief electoral officer a report on the elector organization's financial activities since it was deregistered.

Independence requirements for third party sponsors

31   (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.

Sponsorship contributions generally

32   (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) the unpaid amount of a debt, other than a debt arising from a loan, 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.

(2.1) If the unpaid amount of a debt referred to in subsection (1) (d) of this section

(a) is payable to an organization or an individual, other than an eligible individual, and

(b) becomes a sponsorship contribution under that subsection,

section 35 [dealing with prohibited sponsorship contributions] applies as if the unpaid amount of the debt were a sponsorship contribution made or accepted in contravention of this Act or the regulations under this Act.

(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.

Sponsorship contributions through loans

32.01   (1) Subject to any applicable regulations, a permissible loan to a third party sponsor is not a sponsorship contribution, but

(a) the loan 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], and

(b) if the loan is made by an eligible individual, it must be treated as if it were a sponsorship contribution for the purpose of determining whether the eligible individual has complied with section 34 (1.01) [prohibition against exceeding sponsorship contribution limit].

(2) Despite subsection (1), the unpaid amount of a permissible loan made by an eligible individual to a third party sponsor is a sponsorship contribution if

(a) that part of the loan remains unpaid for 6 months after it becomes due and no legal proceedings to recover the loan have been commenced by the eligible individual, or

(b) the eligible individual forgives that part of the loan.

(3) Despite subsection (1), the unpaid amount of a permissible loan made by a savings institution to a third party sponsor is a sponsorship contribution if the savings institution does not make commercially reasonable efforts to collect or enforce the loan.

(4) In the circumstances described in subsection (3), section 35 [dealing with prohibited sponsorship contributions] applies as if the unpaid amount of the loan were a sponsorship contribution made or accepted in contravention of this Act or the regulations under this Act.

(5) For certainty, nothing in subsection (2) or (3) affects the rights of a creditor in relation to a permissible loan that becomes a sponsorship contribution under those subsections.

Valuation rules for third party advertising and sponsorship contributions

33   (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.

(6) The value of shared third party advertising must be attributed to the participating individuals and organizations in accordance with the regulations.

Restrictions on making sponsorship contributions

34   (0.1) An organization or an individual, other than an eligible individual, must not make a sponsorship contribution.

(1) An eligible individual 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) [Repealed 2017-21-17.]

(1.01) An eligible individual must not make, in a calendar year, sponsorship contributions that, in total, exceed the applicable sponsorship contribution limit.

(1.1) An individual or organization must not make a sponsorship contribution indirectly by providing money, non-monetary property or services to an eligible individual

(a) for the eligible individual to make as a sponsorship contribution, or

(b) as consideration for that eligible individual making a sponsorship contribution.

(2) An individual or organization that contravenes this section commits an offence.

Restrictions on making loans for sponsorship use

34.01   (1) Subject to subsection (2), an individual or organization must not make a loan to a third party sponsor for sponsorship use.

(2) An eligible individual or a savings institution may make a permissible loan to a third party sponsor for sponsorship use.

(3) As an exception to subsection (2), an eligible individual must not make a permissible loan to a third party sponsor for sponsorship use in an amount that would bring the total value of sponsorship contributions and permissible loans made by the eligible individual to an amount greater than the applicable sponsorship contribution limit.

(4) For certainty, this section applies whether the permissible loan is made or accepted before or after the start of a campaign period.

(5) An individual or organization that contravenes this section commits an offence.

Restrictions in relation to accepting sponsorship contributions

34.02   (1) A third party sponsor must not accept

(a) a sponsorship contribution from an organization or an individual, other than an eligible individual, or

(b) sponsorship contributions from an eligible individual that exceed the applicable sponsorship contribution limit.

(2) A third party sponsor must not accept

(a) a sponsorship contribution for which the information required to be recorded under section 36 [records of sponsorship contributions and sponsored advertising] 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.

(3) A third party sponsor that contravenes this section commits an offence.

Restrictions in relation to accepting loans for sponsorship use

34.03   (1) A third party sponsor must not accept a loan, other than a permissible loan, for sponsorship use.

(1.1) A third party sponsor must not accept a permissible loan for sponsorship use from an eligible individual if the amount of the loan would bring the total value of sponsorship contributions and permissible loans made by the eligible individual to an amount greater than the applicable sponsorship contribution limit.

(2) If a third party sponsor becomes aware that it has accepted a loan in contravention of subsection (1) or (1.1), the third party sponsor must, within 30 days after becoming aware of the contravention,

(a) return the loan to the lender, or

(b) pay to the lender an amount equal to the value of the loan.

(3) If subsection (2) applies, the third party sponsor must maintain records of the following for each loan:

(a) the circumstances in which the loan was accepted;

(b) the information required under section 36 (2.1) [records of sponsorship contributions — loans];

(c) when and how the loan was dealt with in accordance with subsection (2) of this section;

(d) any other information prescribed by regulation.

(4) For certainty, this section applies whether the loan is made or accepted before or after the start of a campaign period.

(5) A third party sponsor that contravenes this section commits an offence.

Dealing with prohibited sponsorship contributions

35   (1) [Repealed 2017-21-19.]

(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

36   (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) unless it is an anonymous sponsorship contribution, the full name, mailing address and, if it is different, residential address of the contributor;

(d) whether the sponsorship contribution is an anonymous sponsorship contribution;

(e) [Repealed 2017-21-20.]

(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 (d) of this section;

(b.1) if the contribution was made by an organization, the name of the organization;

(c) when and how the sponsorship contribution was dealt with in accordance with section 35;

(d) any other information required by regulation.

(2.1) The sponsor must maintain records of the following in relation to a permissible loan made to the sponsor:

(a) if the loan is made by an eligible individual, the full name and residential address of the eligible individual;

(b) if the loan is made by a savings institution, the name of the savings institution;

(c) the amount of the loan;

(d) the date the loan is made;

(e) the date the loan is due;

(f) the rate of interest, if any, charged for the loan;

(g) if the loan is made by a savings institution, the prime rate of the principal banker to the government at the time the rate of interest for the loan is fixed;

(h) any other information prescribed 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.

Sponsorship contribution limit for 2021

36.01   Subject to any applicable regulations, the sponsorship contribution limit for 2021 is equal to the amount of the campaign contribution limit for that year.

Sponsorship contribution limit for 2022 and subsequent years

36.02   (1) In this section, "base year" means 2022 or a subsequent calendar year for which a sponsorship contribution limit is established under subsection (2).

(2) Subject to any applicable regulations, the sponsorship contribution limit for a base year is an amount prescribed by regulation or determined in accordance with the regulations.

(3) Subject to any applicable regulations, for a calendar year other than a base year, the BC chief electoral officer must establish the sponsorship contribution limit for that year by

(a) determining the ratio between the consumer price index at January 1 of the base year and January 1 of the year in which the limit applies, and

(b) applying the ratio to adjust the amount prescribed or determined under subsection (2).

(4) For the purpose of establishing a sponsorship contribution limit under subsection (3), the BC chief electoral officer has the discretion to determine

(a) whether to use a consumer price index prepared by the director under the Statistics Act (British Columbia) or a consumer price index published by Statistics Canada under the Statistics Act (Canada), and

(b) which consumer price index is applicable for a particular time.

Prohibition against sponsoring third party advertising if not registered

37   (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

38   (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

39   (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

40   (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

41   (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.

Third party advertising limits — general local election

41.1   Subject to any applicable regulations, in respect of an election to which this Act applies that is held as part of a general local election,

(a) the third party advertising limit for a third party sponsor during the campaign period for third party advertising that is directed advertising,

(i) in relation to an election area that has a population of less than 15 000, is a prescribed amount, and

(ii) in relation to an election area that has a population of 15 000 or more

(A) for a mayor or councillor,

(B) for an electoral area director,

(C) for a Vancouver Park Board member,

(D) for a local trust area trustee,

(E) for a trustee on a board of education,

(F) for a regional trustee of a francophone education authority, and

(G) prescribed under section 1 (1) (i) [other elections to which this Act applies],

is determined in accordance with the regulations, and

(b) the cumulative third party advertising limit for a third party sponsor during the campaign period for third party advertising that is directed advertising or issue advertising is a prescribed amount.

Limits and adjustments to reflect changes in consumer price index

41.2   (1) In respect of each general local election that is called after January 1, 2019,

(a) the minister responsible for the administration of the enactment under which the election is being held must establish the third party advertising limit under section 41.1 (a) (i) by

(i) determining the ratio between the consumer price index at January 1, 2019 and the consumer price index at January 1 of the calendar year in which the election will be held, and

(ii) applying the ratio determined under subparagraph (i) of this paragraph to adjust the amount under section 41.1 (a) (i), and

(b) the minister responsible for the administration of the Local Government Act must establish the cumulative third party advertising limit by

(i) determining the ratio between the consumer price index at January 1, 2019 and the consumer price index at January 1 of the calendar year in which the election will be held, and

(ii) applying the ratio determined under subparagraph (i) of this paragraph to adjust the amount under section 41.1 (b).

(2) For the purpose of making an adjustment under this section, the minister responsible has the discretion to determine

(a) whether to use a consumer price index prepared by the director under the Statistics Act (British Columbia) or a consumer price index published by Statistics Canada under the Statistics Act (Canada), and

(b) which consumer price index is applicable for a particular time.

Specific third party advertising limits to be made publicly available in advance of general local election

41.3   (1) By April 30 of the year in which a general local election will be held,

(a) the minister responsible must provide to Elections BC the third party advertising limits established under section 41.1 (a) in relation to each election area for which elections under that minister's responsibility are to be held as part of a general local election, and

(b) the minister responsible for the administration of the Local Government Act must provide to Elections BC the cumulative third party advertising limit prescribed under section 41.1 (b).

(2) By May 31 of the year in which a general local election will be held, Elections BC must make the third party advertising limits provided under subsection (1) publicly available on an Elections BC authorized internet site.

Third party advertising limits — by-election

41.4   Subject to any applicable regulations, the third party advertising limits made publicly available under section 41.3 in respect of the most recent general local election in relation to an election area are the third party advertising limits in respect of a by-election for that election area.

Prohibition against third party advertising exceeding third party advertising limits

41.5   (1) Subject to subsection (2), in respect of an election,

(a) a third party sponsor must not sponsor directed advertising such that the total value of the directed advertising sponsored by the third party sponsor for any election is greater than the third party advertising limit established under section 41.1 (a) [directed advertising limits] in relation to the election area for which the election is held,

(b) in the case of 2 or more third party sponsors jointly sponsoring advertising, the third party sponsors must not sponsor directed advertising such that the total value of the shared directed advertising sponsored by those third party sponsors for any election is greater than the third party advertising limit established under section 41.1 (a) in relation to the election area for which the election is held,

(c) a third party sponsor must not sponsor third party advertising that is directed advertising or issue advertising such that the total value of the third party advertising sponsored by the third party sponsor is greater than the cumulative third party advertising limit, or

(d) in the case of 2 or more third party sponsors jointly sponsoring advertising, the third party sponsors must not sponsor third party advertising that is directed advertising or issue advertising such that the total value of the shared third party advertising sponsored by those third party sponsors is greater than the cumulative third party advertising limit.

(2) The value of any prescribed class of third party advertising prescribed by regulation as being excluded is not to be included in determining whether a third party sponsor has exceeded the applicable third party advertising limit.

(3) An individual or organization that contravenes this section commits an offence.

Prohibition against attempting to circumvent third party advertising limits

41.6   (1) A third party sponsor must not circumvent or attempt to circumvent, in any manner, the third party advertising limit for the third party sponsor.

(2) An individual or organization that contravenes this section commits an offence.

Attribution of value of directed advertising

41.7   (1) If directed advertising is specifically related to one or more candidates, one or more elector organizations or one or more of both candidates or elector organizations, in 2 or more election areas, the third party sponsor must, in accordance with the regulations, attribute the value of the directed advertising to the third party advertising limit established under section 41.1 (a) [directed advertising limits] in relation to each election area for which the election is held.

(2) An individual or organization that contravenes this section commits an offence.

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

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

(a) Divisions 1 to 3 of Part 3 [Third Party Advertising], and

(b) any other provisions of this Act or the regulations that apply in relation to those Divisions

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

43   Part 3 [Third Party 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.

Advertising must include sponsorship information

44   (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

(a) in English or in a manner that is understandable to readers of English, and

(b) if all or part of the election advertising is in a language other than English, in the other language or in a manner that is understandable to readers of that other language.

(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.

(6) Subsection (5) does not apply to an individual or organization in relation to election advertising referred to in section 7 (3) [canvassing voters and mailing material if on commercial basis] unless the individual or organization is the sponsor of the advertising.

(7) The BC chief electoral officer, or a person acting on the direction of the BC chief electoral officer, may require an individual or organization to discontinue any activity referred to in section 7 (3) that does not meet the requirements set out in subsections (1) to (3) of this section.

Restrictions on general voting day advertising

45   (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 163 (4) [prohibition against 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 any 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;

(c.1) communication that is transmitted to the public on the internet for the sole purpose of encouraging voters to vote in the election;

(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.

Annual financial reports by elector organizations

45.1   (1) The financial agent of a registered elector organization must file, and the responsible principal officials of the registered elector organization must ensure that the financial agent files, with the BC chief electoral officer a financial report of the elector organization respecting the previous calendar year.

(2) Subject to any applicable regulations, an annual financial report under subsection (1) must include information respecting the following, provided in accordance with the regulations:

(a) the election expenses the elector organization incurred during the year;

(b) the campaign contributions the elector organization accepted during the year, including information respecting identification of significant contributors and the residential address of each significant contributor but not the mailing address, if different;

(c) any campaign contributions received during the year by the elector organization but returned or otherwise dealt with in accordance with section 28 [dealing with prohibited campaign contributions];

(d) the assets, liabilities and surplus or deficit of the elector organization at the end of the year;

(e) transfers of property and provision of services as referred to in section 13 (6) (a) [campaign transfers between candidates and elector organizations];

(f) the fundraising functions held by or on behalf of the elector organization during the year;

(g) any income received and any expenditures made or incurred by the elector organization during the year, if these are not otherwise disclosed in the annual financial report;

(h) any loans or guarantees received by the elector organization during the year and any conditions attached to them, including

(i) the date the loan is due, and

(ii) for permissible loans, the information recorded in accordance with section 22 (1.1) [recording requirements for loans];

(i) any permissible loans received before the year for which the annual financial report is made if there is an outstanding balance, indicating for each the information recorded in accordance with section 22 (1.1);

(j) property and services to which section 13 (6) (c) [other exclusions from campaign contributions that must be disclosed] applies;

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

(3) The first annual financial report of a registered elector organization under this section must include the information referred to in subsection (2) for the period from the date of the statement of the assets and liabilities of the organization included in the application for registration to the end of the calendar year for which the report is made.

Time limits for filing annual financial reports — late filing on payment of penalty, compliance deadline

45.2   (1) In order to avoid a late filing penalty fee, the financial agent must, by March 31 in each year, file an annual financial report respecting the previous calendar year.

(2) If an annual financial report is not filed by March 31 in a year, it may be filed within 30 days after that date on payment to the BC chief electoral officer of a late filing penalty fee of $500.

(3) The compliance deadline for filing an annual financial report is the later of

(a) the late filing deadline for the annual financial report, and

(b) if applicable, the last date for filing the annual financial report as established by a court order for relief under section 68 [court relief powers respecting disclosure requirements].

Disclosure statements required for candidates, elector organizations and advertising sponsors

46   (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 for which the organization endorsed a candidate in an election;

(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

47   (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

48   (1) If a disclosure statement is not filed before the end of the time period under section 47 (1) [time limit for filing disclosure statements without penalty fee] or an annual financial report is not filed before the date referred to in section 45.2 (1) [time limit for filing annual financial reports 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 or annual financial report, to the following:

(i) the elector organization;

(ii) the financial agent for the elector organization;

(iii) the responsible principal officials of the elector organization;

(iv) the candidates endorsed by the elector organization;

(c) in relation to a third party sponsor or assent voting advertising 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 or annual financial report, as applicable, 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 or annual financial report, as applicable;

(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

49   (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) the election period expenses of the candidate;

(c) the campaign period expenses of the candidate;

(c.1) election expenses of the candidate referred to in section 14 (6) [election expenses not included in expense limit];

(d) campaign contributions received by the candidate, including information respecting identification of significant contributors and the residential address of each significant contributor but not the mailing address, if different;

(e) amounts, other than campaign contributions, election period expenses and campaign period 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;

(f.1) the information referred to in section 22 (1.1) [recording requirements for loans];

(f.2) any amount outstanding on a loan;

(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 campaign 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 must include the following, provided in accordance with the regulations:

(a) for a candidate who was endorsed by an elector organization,

(i) a copy of the campaign financing arrangement between the candidate and the elector organization, and of any amendments to the campaign financing arrangement, regardless of whether the campaign financing arrangement was terminated by the candidate or the elector organization,

(ii) if the campaign financing arrangement was terminated, a copy of the documentation evidencing the termination, and

(iii) information respecting the following:

(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;

(b) for a candidate who sought endorsement from an elector organization but was not endorsed, information respecting the following:

(i) transfers of property and provision of services as referred to in section 13 (6) (a);

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

Elector organization disclosure statement — information and other requirements

50   (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) the election period expenses of the elector organization;

(d) the campaign period expenses of the elector organization;

(d.1) election expenses of the elector organization referred to in section 14 (6) [election expenses not included in expense limit];

(d.2) for each candidate endorsed by the elector organization, the campaign period expenses of the elector organization that are attributable to the candidate's expense limit;

(e) campaign contributions received by the elector organization, including information respecting identification of significant contributors and the residential address of each significant contributor but not the mailing address, if different;

(e.1) the information referred to in section 22 (1.1);

(e.2) any amount outstanding on a loan;

(f) [Repealed 2017-21-22.]

(g) amounts, other than campaign contributions, election period expenses and campaign period 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 campaign 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

51   (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 and the residential address of each significant contributor but not the mailing address, if different;

(c.1) the information referred to in section 36 (2.1) [records of sponsorship contributions — loans];

(c.2) any amount outstanding on a loan;

(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 election areas being held at the same time, the statement must separately disclose that advertising in relation to each election area to which the directed advertising was specifically related.

(5) [Repealed 2016-9-16.]

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

52   (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 and the residential address of each significant contributor but not the mailing address, if different;

(c.1) the information referred to in section 36 (2.1);

(c.2) any amount outstanding on a loan;

(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) [Repealed 2016-9-17.]

Other requirements in relation to disclosure statements and annual financial reports

53   In addition to all other requirements established by this Division, a disclosure statement or annual financial report 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

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

(a) in the case of a supplementary report in relation to a disclosure statement, if advice referred to in paragraph (c) has not been given, 30 days after an individual who is responsible for filing the disclosure statement, or for ensuring that the 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) in the case of a supplementary report in relation to an annual financial report, if advice referred to in paragraph (c) has not been given, 30 days after an individual who is responsible for filing the annual financial report, or for ensuring that the annual financial report is filed, becomes aware

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

(ii) that the annual financial report did not completely and accurately disclose the information required to be included;

(c) if the BC chief electoral officer advises an individual referred to in paragraph (a) or (b) of concerns that circumstances referred to in paragraph (a) or (b), as applicable, 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) or (b), 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) (c), the BC chief electoral officer must also notify

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

(ii) in the case of a supplementary report in relation to a candidate, the designated local authority officer, and

(iii) in the case of a supplementary report in relation to an elector organization, the designated local authority officer and the candidates endorsed by the elector organization.

(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 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.

(5) Responsibilities in relation to filing a supplementary report under this section are the same as for the applicable disclosure statement or annual financial report and, for these purposes, the following apply:

(a) section 45.1 (1) [elector organization annual disclosure responsibilities];

(b) section 49 (1) [candidate disclosure responsibilities];

(c) section 50 (1) [elector organization disclosure statement];

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

(e) 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), (b) or (c), 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].

(7) For certainty, if an elector organization, third party sponsor or assent voting advertising sponsor, as applicable, is subject to a prohibition under any of the following provisions, and accepts a campaign contribution or sponsorship contribution for the sole purpose of paying debts as described in those provisions, that acceptance is a change in required information for the purpose of subsection (1) of this section:

(a) section 64 (3) (b);

(b) section 64 (4) (b);

(c) section 65 (1) (c) (ii);

(d) section 65 (1) (d) (ii);

(e) section 68.01 (5) (b);

(f) section 68.03 (3) (b);

(g) section 68.09 (3) (b).

Required declarations

55   (1) Subject to subsection (3), a disclosure statement, annual financial report 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, annual financial report 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, annual financial report 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, annual financial report 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

57   (1) This section applies if a required disclosure statement, annual financial report 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, annual financial report 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.

Public access to disclosure information — Elections BC responsibilities

58   (0.1) Subject to this Part and any applicable regulations, until at least 5 years after the compliance deadline for an annual financial report, the BC chief electoral officer must

(a) make the information in the annual financial report and in any supplementary report in relation to the annual financial report, other than a mailing address or residential address of a significant contributor, publicly available on an Elections BC authorized internet site, and

(b) have a copy of the annual financial report and any supplementary report, other than a mailing address or residential address of a significant contributor, available for public inspection at the Elections BC office during its regular office hours.

(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, other than a mailing address or residential address of a significant contributor, publicly available on an Elections BC authorized internet site, and

(b) have a copy of the statement or report, other than a mailing address or residential address of a significant contributor, available for public inspection at the Elections BC office during its regular office hours.

(2) Information must be made available under subsections (0.1) and (1) as follows:

(a) in the case of information in a disclosure statement or annual financial report 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, annual financial report 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 (0.1) (a) or (1) (a), or

(b) a copy of a record available for inspection under subsection (0.1) (b) or (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

59   (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

60   (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 list must include

(i) the individuals who are subject to disqualification penalties under the following sections:

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

(B) section 65 (1) (b) [candidate conviction for false or misleading disclosure];

(C) section 65.1 [endorsed candidate penalties for elector organization failing to file disclosure documents or disclosing false or misleading information];

(D) section 68.03 (1) [unpaid monetary penalties — candidate], and

(ii) the jurisdiction to which the disqualification relates;

(b) [Repealed 2021-5-35.]

(c) in relation to third party sponsor or assent voting advertising sponsor disqualification, the list must include the individuals and organizations that are subject to disqualification penalties under the following sections:

(i) section 64 (4) [third party sponsor or assent voting advertising sponsor failure to disclose];

(ii) section 65 (1) (d) [third party sponsor or assent voting advertising sponsor conviction for false or misleading disclosure];

(iii) section 68.09 (3) [third party sponsor penalties for exceeding third party advertising limit].

(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

61   (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 who become subject to disqualification penalties referred to in section 60 (1) (a) [disqualification lists — candidate 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.

Reports to local election officer respecting deregistration or suspension of elector organization

61.1   If an elector organization is deregistered or suspended under any of the following provisions, the BC chief electoral officer must, as soon as practicable, report the deregistration or suspension to the local election officer for each jurisdiction for which the elector organization has endorsed a candidate in an election or has proposed to endorse a candidate in an election:

(a) section 30.14 [voluntary deregistration];

(b) section 64 (3) (a) [elector organization penalties for failure to file reports];

(c) section 64 (5.2) (a) [suspension of elector organization pending decision of court];

(d) section 68.01 (5) (a) [elector organization penalties for exceeding expense limits or amount available];

(e) section 68.01 (7.1) (b) (i) [suspension of elector organization pending decision of court].

Other information to be publicly available

62   (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) [Repealed 2021-5-38.]

(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 campaign 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

63   (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.

Expense limits — general local election

63.01   (1) Subject to any applicable regulations, in respect of an election for mayor to which this Act applies that is held as part of a general local election, the expense limit for a candidate during the campaign period,

(a) for an election area that has a population of less than 10 000, is a prescribed amount, and

(b) for an election area that has a population of 10 000 or more, is an amount determined in accordance with the regulations using an incremental adjustment based on the population of the election area for which the election is being held.

(2) Subject to any applicable regulations, in respect of an election to which this Act applies that is described in subsection (3) and is held as part of a general local election, the expense limit for a candidate during the campaign period,

(a) for an election area that has a population of less than 10 000, is a prescribed amount, and

(b) for an election area that has a population of 10 000 or more, is an amount determined in accordance with the regulations using an incremental adjustment based on the population of the election area for which the election is being held.

(3) For the purposes of subsection (2), the elections are as follows:

(a) an election for a councillor;

(b) an election for an electoral area director;

(c) an election for a Vancouver Park Board member;

(d) an election for a local trust area trustee;

(e) an election for a trustee on a board of education;

(f) an election prescribed under section 1 (1) (i) [other elections to which this Act applies].

(4) Subject to any applicable regulations, in respect of an election for a regional trustee of a francophone education authority to which this Act applies that is held as part of a general local election, the expense limit for a candidate during the campaign period is a prescribed amount.

Limits and adjustments to reflect changes in consumer price index

63.02   (1) In respect of each general local election that is called after January 1, 2019, the minister responsible in respect of elections under that minister's responsibility must establish the applicable expense limits for the election by

(a) determining the ratio between the consumer price index at January 1, 2019 and the consumer price index at January 1 of the calendar year in which the general local election will be held, and

(b) applying the ratio determined under paragraph (a) of this subsection to adjust the amounts under section 63.01.

(2) For the purpose of making an adjustment under this section, the minister responsible has the discretion to determine

(a) whether to use a consumer price index prepared by the director under the Statistics Act (British Columbia) or a consumer price index published by Statistics Canada under the Statistics Act (Canada), and

(b) which consumer price index is applicable for a particular time.

Specific expense limits to be made publicly available in advance of general local election

63.03   (1) By April 30 of the year in which a general local election will be held, the minister responsible must provide to Elections BC the expense limits established under section 63.01 in relation to each election area for which elections under that minister's responsibility are to be held as part of the general local election.

(2) By May 31 of the year in which a general local election will be held, Elections BC must make the information provided under subsection (1) publicly available on an Elections BC authorized internet site.

Expense limits — by-election

63.04   Subject to any applicable regulations, the expense limits made publicly available under section 63.03 in respect of the most recent general local election in relation to an election area are the expense limits in respect of a by-election for that election area.

Prohibition against exceeding expense limits

63.05   (1) The campaign period expenses of an unendorsed candidate must not exceed the expense limit for the candidate.

(2) In relation to a candidate endorsed by an elector organization, the total of the following must not exceed the expense limit for the candidate:

(a) the campaign period expenses of the candidate;

(b) the campaign period expenses of the endorsing elector organization that are attributable to the expense limit for the candidate.

(3) An unendorsed candidate for whom the campaign period expenses exceed the expense limit as referred to in subsection (1) commits an offence.

(4) A candidate endorsed by an elector organization commits an offence

(a) if the total of the expenses in subsection (2) (a) and (b) exceeds the expense limit for the candidate, and

(b) if the campaign period expenses exceed the amount available to the candidate under the final campaign financing arrangement with the elector organization.

(5) An elector organization commits an offence

(a) if the total of the expenses in subsection (2) (a) and (b) exceeds the expense limit for the candidate endorsed by the elector organization, and

(b) if the campaign period expenses exceed the amount available to the elector organization under the final campaign financing arrangement with the candidate endorsed by the elector organization.

Prohibition against incurring campaign period expenses if expense limits will be exceeded

63.06   (1) This section applies to the following individuals permitted under section 30 [how payment in relation to election expenses may be made] to incur liability for payment in relation to campaign period expenses of a candidate or an elector organization, as applicable:

(a) subject to subsection (2) of this section, the financial agent for the candidate;

(b) an individual authorized in writing by the financial agent for the candidate or by the candidate if the candidate is the candidate's own financial agent;

(c) the financial agent for the electoral organization;

(d) an individual authorized in writing by the financial agent for the elector organization.

(2) Subsection (1) (a) does not include a candidate who is the candidate's own financial agent.

(3) An individual referred to in subsection (1) must not incur liability in relation to the campaign period expenses of the candidate or elector organization, as applicable, if this would result in the campaign period expenses exceeding the expense limit for the candidate.

(4) An individual who contravenes this section commits an offence.

Written campaign financing arrangement required

63.07   (1) An elector organization and a candidate who is to be endorsed by the elector organization must enter into a written campaign financing arrangement that apportions the expense limit for the candidate by establishing

(a) the amount that is available for use by the candidate during the campaign period in the election campaign of the candidate, and

(b) the amount that is available for use by the elector organization during the campaign period in the election campaign of the endorsing elector organization.

(2) For certainty, a campaign financing arrangement may apportion the entire expense limit for a candidate to the election campaign of the candidate or to the election campaign of the elector organization.

(3) A campaign financing arrangement must

(a) include an acknowledgement that the candidate is aware of the disclosure requirements set out in section 49 (3) [required information in candidate disclosure statement],

(b) include an acknowledgement that the candidate is aware of the penalties under section 65.1 [endorsed candidate penalties for elector organization failing to file disclosure documents or disclosing false or misleading information],

(c) include a requirement that the elector organization notify the candidate as soon as practicable when the elector organization becomes aware that it has exceeded or will exceed the amount available under the campaign financing arrangement,

(d) include a requirement that the candidate notify the elector organization as soon as practicable when the candidate becomes aware that the candidate has exceeded or will exceed the amount available under the campaign financing arrangement, and

(e) address any other matters prescribed by regulation.

(4) The campaign financing arrangement must be dated and be signed

(a) by the candidate,

(b) if the candidate has a financial agent, by the financial agent for the candidate, and

(c) by the financial agent for the elector organization.

(5) A candidate and an elector organization must not enter into a campaign financing arrangement after the campaign period begins.

(6) An elector organization must not, at any one time, be a party to more campaign financing arrangements in an election for a particular class of office than there are positions to be filled for that class of office.

(7) A candidate or an elector organization that contravenes this section commits an offence.

Attribution of elector organization expenses to candidate expense limits

63.08   (1) If an elector organization endorses only one candidate, the campaign period expenses of the elector organization must be

(a) attributed to the expense limit for that candidate, and

(b) applied against the amount available to the elector organization under the campaign financing arrangement with the candidate.

(2) If an elector organization endorses more than one candidate, the campaign period expenses of the elector organization must be

(a) attributed to those candidates in accordance with the regulations, and

(b) applied against the applicable amounts available to the elector organization under the campaign financing arrangements with the candidates.

(3) For certainty, this section applies regardless of the campaign financing arrangement between an elector organization and a candidate.

Prohibition against incurring campaign period expenses unless campaign financing arrangement is in place

63.09   An elector organization must not incur a campaign period expense unless the elector organization has entered into, with each candidate that the elector organization endorses or intends to endorse, a campaign financing arrangement that provides an amount available for use during the campaign period in the election campaign of the elector organization.

Amendment to and termination of campaign financing arrangement

63.10   (1) Subject to this section and any applicable regulations, a campaign financing arrangement, including the apportionment referred to in section 63.07 [written campaign financing arrangement required], may be changed by written amendment.

(2) An amendment to a campaign financing arrangement is not effective unless the amendment is dated and is signed

(a) by the candidate,

(b) if the candidate has a financial agent, by the financial agent for the candidate, and

(c) by the financial agent for the elector organization.

(3) In the case of an amendment respecting the apportionment referred to in section 63.07, the amendment

(a) may be made at any time on or before general voting day, and

(b) may cover campaign period expenses that were incurred before the amendment became effective.

(4) A campaign financing arrangement may be terminated in accordance with the regulations, by the candidate or the elector organization, before, but not after, the start of the campaign period for the election.

Effect of endorsement relationship ending

63.11   (1) This section applies in relation to a candidate and an elector organization if any of the following circumstances apply:

(a) the candidate withdraws from the election under section 101 (2) [withdrawal, death or incapacity of candidate] of the Local Government Act or section 52 (2) [withdrawal, death or incapacity of candidate] of the Vancouver Charter;

(b) the local election officer notifies the minister responsible under section 101 (4) of the Local Government Act or section 52 (4) of the Vancouver Charter that the candidate is incapacitated to an extent that will prevent the candidate from holding office;

(c) the candidate dies before the close of general voting;

(d) any other circumstances prescribed by regulation.

(2) The effect of the circumstances described in subsection (1) in relation to the campaign period expenses of the candidate and the campaign period expenses of the elector organization, and the application of this Act to those expenses, are those prescribed by regulation.

Penalties for failure to disclose

64   (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, supplementary report or, if applicable, annual financial 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, annual financial report or supplementary report:

(a) the elector organization must be deregistered;

(b) subject to subsection (4.1), the elector organization is prohibited from accepting campaign contributions or incurring election expenses until it is reregistered under section 30.18 [reregistration].

(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 disclosure statement or supplementary report:

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

(b) subject to subsection (4.1), the sponsor is prohibited from accepting sponsorship contributions until after the next general local election.

(4.1) An elector organization, a third party sponsor or an assent voting advertising sponsor is not prohibited from accepting campaign contributions or sponsorship contributions, as applicable, for the sole purpose of paying debts incurred in respect of the election for which there was a failure to file a disclosure statement or supplementary report.

(5) Subject to any applicable regulations, a candidate, 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 penalties apply].

(5.1) Subject to any applicable regulations, if no application for relief under section 68 [court relief powers respecting disclosure requirements] is made by an elector organization in relation to a disclosure statement, annual financial report or supplementary report, the elector organization becomes subject to the penalties under subsection (3) of this section on the day after the compliance deadline for the disclosure statement, annual financial report or supplementary report.

(5.2) If an application for relief under section 68 is commenced by the compliance deadline,

(a) the BC chief electoral officer must suspend the registration of the elector organization pending the decision of the court, and

(b) the elector organization becomes subject to the penalties under subsection (3) of this section on the later of

(i) 42 days after the compliance deadline, and

(ii) if applicable, the date set by the court under section 68.

(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, annual financial report 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.

Penalties for false or misleading disclosure

65   (1) If a candidate, an elector organization, a third party sponsor or an 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, supplementary report or, if applicable, annual financial report, the following penalties apply at the time of conviction:

(a) in the case of a candidate who was declared elected, the candidate ceases to hold office as a member of the local authority, the seat of the member becomes vacant and the candidate is disqualified until after the next general local election from being nominated for, being elected to or holding office as a member of a local authority;

(b) in the case of a candidate who was not declared elected, the candidate is disqualified until after the next general local election from being nominated for, being elected to or holding office as a member of a local authority;

(c) in relation to an elector organization, the elector organization

(i) must be deregistered, and

(ii) subject to subsection (1.1), is prohibited from accepting campaign contributions or incurring election expenses until it is reregistered under section 30.18 [reregistration];

(d) in relation to a third party sponsor or an assent voting advertising sponsor, the sponsor

(i) is disqualified from sponsoring third party advertising or non-election assent voting advertising until after the next general local election, and

(ii) subject to subsection (1.1), is prohibited from accepting sponsorship contributions until after the next general local election.

(1.1) An elector organization, a third party sponsor or an assent voting advertising sponsor is not prohibited from accepting campaign contributions or sponsorship contributions, as applicable, for the sole purpose of paying debts incurred in respect of the election for which there was false or misleading disclosure.

(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.

Endorsed candidate penalties for elector organization failing to file disclosure documents or disclosing false or misleading information

65.1   (1) If an elector organization becomes subject to penalties under section 64 (3) or 65 (1) (c), the penalties set out in section 64 (2) or 65 (1) (a) and (b), as applicable, apply in relation to a candidate who was endorsed by the elector organization and in respect of whom the elector organization failed to meet disclosure requirements or disclosed false or misleading information.

(2) A candidate becomes subject to the penalties under subsection (1) at the same time as the elector organization becomes subject to the penalties under section 64 (3) or 65 (1) (c), as applicable.

(3) If a candidate becomes subject to penalties under this section, section 72 [appeals and final determinations] applies to the candidate if the conviction of the elector organization is overturned on the final determination of an appeal.

Application for relief in relation to disclosure requirements

66   (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, annual financial report 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 limit for filing the petition for an application under this section is the compliance deadline for the disclosure statement, annual financial report or supplementary report to which the application relates.

(4) The petition for an application must be served on the following, other than the applicant, no later than 7 days after the petition is filed in the court registry:

(a) in all cases, on the BC chief electoral officer;

(b) in the case of an application in relation to a candidate,

(i) on the individuals referred to in subsection (2) (a), and

(ii) if the candidate was declared elected, on the jurisdiction in relation to which the election was held;

(c) in the case of an application in relation to an elector organization,

(i) on the organization and individuals referred to in subsection (2) (b), and

(ii) on the candidates endorsed by the elector organization;

(d) in the case of an application in relation to a third party sponsor or assent voting advertising sponsor, on the organization and individuals referred to in subsection (2) (c).

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

67   (1) In the case of an application for relief in relation to a candidate disclosure statement or supplementary report, no later than 14 days after the petition is filed, the applicant must set down the matter for hearing by the Supreme Court.

(2) The following apply in relation to an application referred to in subsection (1):

(a) the applicant must take all reasonable steps to have the application heard as soon as practicable;

(b) the applicant must provide notice of the date the application is set down for hearing and any adjournments to

(i) the jurisdiction in relation to which the election was held, and

(ii) the BC chief electoral officer;

(c) when deciding whether to grant relief under section 68, the court must consider whether the applicant acted diligently to have the application heard as soon as practicable.

Court relief powers respecting disclosure requirements

68   (1) Subject to this section, on the hearing of an application under this Division, the court may provide relief as follows:

(a) changing the compliance deadline by extending the time period for filing the disclosure statement, annual financial report or supplementary report;

(b) ordering that the disclosure statement, annual financial report or supplementary report need not comply with specified disclosure requirements;

(c) ordering that the disclosure statement, annual financial report or supplementary report need not be filed.

(2) The authority to provide relief under subsection (1) includes authority to do the following:

(a) in relation to an order under subsection (1) (a) respecting a disclosure statement or annual financial report, order

(i) that the extension of time for filing the disclosure statement or annual financial report is subject to payment of the late filing penalty fee, or

(ii) that the disclosure statement or annual financial report may be filed without paying the late filing penalty fee;

(b) in relation to an order under subsection (1) respecting a candidate disclosure statement, provide relief in relation to forfeiture of any applicable nomination deposit;

(b.1) in relation to an order under subsection (1) respecting an elector organization disclosure statement, provide relief in relation to a candidate endorsed by the elector organization who is subject to a penalty under section 65.1 [endorsed candidate penalties for elector organization failing to file disclosure documents or disclosing false or misleading information];

(b.2) in relation to an order under subsection (1) respecting an elector organization that is suspended under section 64 (5.2) [penalties for failure to disclose — suspension of registration pending decision of court], make an additional order that the suspension be cancelled, immediately or at a time or on conditions specified by the court;

(c) in any case, make any additional order the court considers appropriate to secure compliance with Division 2 [Disclosure Requirements for Candidates, Elector Organizations and Advertising Sponsors] of Part 5 to the extent the court considers reasonable in the circumstances.

(3) In relation to candidate disclosure requirements, the court may provide relief under this section only if satisfied that the candidate exercised due diligence to ensure that the applicable disclosure requirements were met.

(4) In relation to elector organization disclosure requirements, the court may provide relief under this section only if satisfied that the following individuals exercised due diligence to ensure that the applicable disclosure requirements were met:

(a) in relation to a disclosure statement or annual financial report for the elector organization, the individuals who were responsible principal officials of the organization at any time during the period

(i) beginning on the day on which the BC chief electoral officer registered the organization, and

(ii) ending on the day after the compliance deadline for filing the disclosure statement or annual financial report;

(b) in relation to a supplementary report for the elector organization, the individuals who were responsible principal officials of the organization at any time during the period

(i) beginning on the day on which the BC chief electoral officer registered the organization, and

(ii) ending on the day after the compliance deadline for filing the supplementary report.

(5) In relation to disclosure requirements for a third party sponsor or assent voting advertising sponsor who is an individual, the court may provide relief under this section only if satisfied that the sponsor exercised due diligence to ensure that the applicable disclosure requirements were met.

(6) In relation to disclosure requirements for a third party sponsor or assent voting advertising sponsor that is an organization, the court may provide relief under this section only if satisfied that the individuals who were responsible principal officials of the organization at any time during the period

(a) beginning on the day on which the organization became subject to the requirement to register under Part 3 [Third Party Advertising], and

(b) ending on the day after the compliance deadline for filing the disclosure statement or supplementary report

exercised due diligence to ensure that the applicable disclosure requirements were met.

Penalties for exceeding expense limits or amount available

68.01   (1) Subject to a court order for relief under section 68.06 (1) [court relief powers], the penalties under this section apply to a candidate or an elector organization in relation to exceeding an expense limit or the amount available under a final campaign financing arrangement.

(2) The penalty set out in subsection (3) applies to

(a) an unendorsed candidate if the campaign period expenses of the candidate exceeded the expense limit for the candidate, and

(b) a candidate endorsed by an elector organization if the total of the following exceeded the expense limit for the candidate:

(i) the campaign period expenses of the candidate;

(ii) the campaign period expenses of the endorsing elector organization that are attributable to the expense limit for the candidate.

(3) In the case of a candidate who was declared elected, the candidate ceases to hold office as a member of the local authority and the seat of the member becomes vacant.

(4) The penalties set out in subsection (5) apply to an elector organization if both of the following apply:

(a) the total of the following exceeded the expense limit for a candidate endorsed by the elector organization:

(i) the campaign period expenses of the candidate;

(ii) the campaign period expenses of the endorsing elector organization that are attributable to the expense limit for the candidate;

(b) the campaign period expenses of the endorsing elector organization that are attributable to the expense limit for the candidate exceeded the amount available to the elector organization under the final campaign financing arrangement with the candidate.

(5) The elector organization

(a) must be deregistered, and

(b) subject to subsection (6), is prohibited from accepting campaign contributions or incurring election expenses until it is reregistered under section 30.18 [reregistration].

(6) An elector organization is not prohibited from accepting campaign contributions for the sole purpose of paying debts incurred in respect of the election in which expense limits or amounts available were exceeded.

(7) Subject to any applicable regulations, if the fact that an expense limit or the amount available was exceeded is disclosed in the disclosure statement or supplementary report of a candidate, the candidate becomes subject to the penalties under this section as follows:

(a) if no application for relief under section 68.04 [application for relief in relation to exceeding expense limits or amount available] is made in accordance with that section,

(i) in the case of an unendorsed candidate, on the day after the compliance deadline for the statement or report, and

(ii) in the case of a candidate endorsed by an elector organization, on the day after the later of the following:

(A) the candidate's compliance deadline;

(B) the elector organization's compliance deadline;

(b) if an application referred to in paragraph (a) has been made, on the later of the following:

(i) 42 days after the time limit for making an application under the section;

(ii) if applicable, the date set by court order under section 69 [extension of time before penalties apply].

(7.1) Subject to any applicable regulations, if the fact that an expense limit or the amount available was exceeded is disclosed in the disclosure statement or supplementary report of an elector organization, the elector organization becomes subject to the penalties under this section as follows:

(a) if no application for relief under section 68.04 [application for relief in relation to exceeding expense limits or amount available] is made by an elector organization in accordance with that section, the elector organization becomes subject to the penalties under subsection (5) of this section on the day after the later of the following:

(i) the compliance deadline for the candidate endorsed by the elector organization;

(ii) the elector organization's compliance deadline;

(b) if an application for relief under section 68.04 is made,

(i) the registration of the elector organization must be suspended pending the decision of the court, and

(ii) the elector organization becomes subject to the penalties under subsection (5) of this section on the later of the following:

(A) 42 days after the time limit for making an application under section 68.04;

(B) if applicable, the date set by the court under section 69 [extension of time before penalties apply].

(8) An individual or organization that contravenes a prohibition that applies under this section commits an offence.

(9) For certainty, the penalties under this section apply whether or not a prosecution for an offence under section 63.05 (3), (4) or (5) [prohibition against exceeding expense limits] has been commenced.

Monetary penalties for exceeding expense limits or amount available

68.02   (1) Subject to a court order for relief under section 68.07 (1), [court relief powers — monetary penalties], the monetary penalties under this section apply to a candidate or an elector organization in relation to exceeding an expense limit or the amount available under a final campaign financing arrangement.

(2) The monetary penalties set out in subsection (3) apply to

(a) an unendorsed candidate if the campaign period expenses of the candidate exceeded the expense limit for the candidate, and

(b) a candidate endorsed by an elector organization if both of the following apply:

(i) the total of the following exceeded the expense limit for the candidate:

(A) the campaign period expenses of the candidate;

(B) the campaign period expenses of the endorsing elector organization that are attributable to the expense limit for the candidate;

(ii) the campaign period expenses of the candidate exceeded the amount available to the candidate under the final campaign financing arrangement with the elector organization that endorsed the candidate.

(3) A candidate must pay to the BC chief electoral officer,

(a) in the case of an unendorsed candidate, a monetary penalty in an amount of up to 2 times the amount by which the expense limit was exceeded, as determined by the BC chief electoral officer, and

(b) in the case of a candidate endorsed by an elector organization, a monetary penalty in an amount of up to 2 times the amount by which the amount available to the candidate was exceeded, as determined by the BC chief electoral officer.

(4) The monetary penalty set out in subsection (5) applies to an elector organization if both of the following apply:

(a) the total of the following exceeded the expense limit for a candidate endorsed by the elector organization:

(i) the campaign period expenses of the candidate;

(ii) the campaign period expenses of the endorsing elector organization that are attributable to the expense limit for the candidate;

(b) the campaign period expenses of the endorsing elector organization that are attributable to the expense limit for the candidate exceeded the amount available to the elector organization under the final campaign financing arrangement with the candidate.

(5) The elector organization must pay to the BC chief electoral officer a monetary penalty in an amount of up to 5 times the amount by which the amount available to the elector organization was exceeded, as determined by the BC chief electoral officer.

(6) Subject to any relief provided under section 68.08 [individual relief from monetary penalty liability of responsible principal officials], if an elector organization is subject to a monetary penalty under subsection (5) of this section, the individuals who were responsible principal officials of the organization at any time during the campaign period for the election to which the penalty relates are jointly and severally liable with the elector organization to pay the monetary penalty.

(7) Subject to any applicable regulations, if the fact that an expense limit or the amount available was exceeded is disclosed in the disclosure statement or supplementary report of a candidate or an elector organization, as applicable, the candidate or elector organization becomes subject to the monetary penalties under this section as follows:

(a) if no application for relief under section 68.04 is made in accordance with that section, on the day after the compliance deadline for the statement or report;

(b) if an application referred to in paragraph (a) has been made, on the later of the following:

(i) 42 days after the time limit for making an application under the section;

(ii) if applicable, the date set by court order under section 69 [extension of time before penalties apply].

Disqualification or deregistration if monetary penalties unpaid

68.03   (1) If a candidate is subject to a monetary penalty under section 68.02 and does not pay the monetary penalty within 30 days of the date the candidate is subject to the penalty, the candidate is disqualified, subject to subsection (2) of this section, from being nominated for, being elected to or holding office as a member of a local authority until after the next general local election.

(2) On payment by the candidate of the monetary penalty described in subsection (1), the candidate ceases to be disqualified under that subsection.

(3) If an elector organization is subject to a monetary penalty under section 68.02 and does not pay the monetary penalty within 30 days of the date the elector organization is subject to the penalty, the elector organization, if the elector organization is not disqualified and prohibited under section 68.01 (5),

(a) the elector organization must be deregistered, and

(b) subject to subsection (4), is prohibited from accepting campaign contributions or incurring election expenses until it is reregistered under section 30.18 [reregistration].

(4) An elector organization is not prohibited from accepting campaign contributions for the sole purpose of paying debts incurred in respect of the election for which there was a failure to pay a monetary penalty.

(5) An individual or organization that contravenes a prohibition that applies under this section commits an offence.

Application for relief in relation to exceeding expense limits or amount available

68.04   (1) An application to the Supreme Court for relief in relation to exceeding an expense limit or the amount available may be made in accordance with this Division.

(2) An application for relief under this section may be made as follows:

(a) in relation to an unendorsed candidate described in section 68.01 (2) (a) [penalties for unendorsed candidate] or 68.02 (2) (a) [monetary penalties for unendorsed candidate], by the candidate or the financial agent for the candidate;

(b) in relation to a candidate endorsed by an elector organization described in section 68.01 (2) (b) or 68.02 (2) (b), by the candidate or the financial agent for the candidate;

(c) in relation to an elector organization described in section 68.01 (4) or 68.02 (4), by the elector organization, the financial agent for the elector organization or a responsible principal official of the elector organization.

(3) An application under this section may be made only if the fact that an expense limit or the amount available was exceeded is disclosed, or anticipated by the applicant to be disclosed, in the disclosure statement or supplementary report of the candidate or elector organization, as applicable, on or before the compliance deadline for the statement or report.

(4) A petition for an application under this section must be served on the following, other than the applicant, no later than 7 days after the petition is filed in the court registry:

(a) in all cases, on the BC chief electoral officer;

(b) in the case of an application in relation to a candidate, on the candidate or the financial agent for the candidate and, if the candidate is endorsed by an elector organization, on the elector organization;

(c) in the case of an application in relation to an elector organization, on the financial agent for the elector organization or a responsible principal official of the elector organization, on the candidate endorsed by the elector organization and on the financial agent for the candidate, if the candidate has a financial agent;

(d) in the case of a candidate who was declared elected, on the jurisdiction in relation to which the election was held.

Special rules respecting applications for relief in relation to candidates exceeding expense limits

68.05   (1) In the case of an application for relief in relation to a candidate exceeding the expense limit for the candidate, the applicant, no later than 14 days after a petition for the application is filed, must set the matter down for hearing by the Supreme Court.

(2) The following apply in relation to an application under this section:

(a) the applicant must take all reasonable steps to have the application heard as soon as practicable;

(b) the applicant must provide to the jurisdiction in relation to which the election was held and to the BC chief electoral officer notice of the date the application is set down for hearing and of any adjournments;

(c) when deciding whether to grant relief under this section, the court must consider whether the applicant acted diligently to have the application heard as soon as practicable.

Court relief powers respecting exceeding expense limits or amount available

68.06   (1) Subject to this section, on the hearing of an application under this Division, the court may provide relief as follows:

(a) ordering that the penalty under section 68.01 (3) [candidate penalties for exceeding expense limits or amount available] does not apply to a candidate;

(b) ordering that the penalty under section 68.01 (5) [elector organization penalties for exceeding expense limits or amount available] does not apply to an elector organization.

(2) The authority to provide relief under subsection (1) includes the authority to do the following:

(a) in relation to an order under subsection (1) respecting an elector organization that is suspended under section 68.01 (7.1) [penalties for exceeding expense limits or amount available — suspension of registration pending decision of court], make an additional order that the suspension be cancelled, immediately or at a time or on conditions specified by the court;

(b) in any case, make any additional order the court considers appropriate to secure compliance with Part 5.1 [Expense Limits] to the extent the court considers reasonable in the circumstances.

(3) In relation to an unendorsed candidate who is subject to a penalty under section 68.01 (3), the court may provide relief only if satisfied that

(a) exceeding the expense limit did not materially affect the result of the election, and

(b) the candidate exercised due diligence to ensure that the candidate's campaign period expenses did not exceed the expense limit.

(4) In relation to a candidate endorsed by an elector organization who is subject to a penalty under section 68.01 (3), the court may provide relief only if satisfied that

(a) exceeding the expense limit did not materially affect the result of the election,

(b) the candidate exercised due diligence to ensure that the candidate's campaign period expenses did not exceed the amount available to the candidate under the final campaign financing arrangement with the endorsing elector organization, and

(c) the candidate acted in good faith in relation to the elector organization's campaign period expenses exceeding the amount available to the elector organization under the final campaign financing arrangement.

(5) In relation to an elector organization that is subject to a penalty under section 68.01 (5), the court may provide relief only if satisfied that

(a) exceeding the expense limit for the candidate endorsed by the elector organization did not materially affect the result of the election, and

(b) the individuals who are or may be liable under section 68.02 (6) exercised due diligence to ensure that the elector organization's campaign period expenses did not exceed the amount available to the elector organization under the final campaign financing arrangement with the candidate endorsed by the elector organization.

Court relief powers respecting exceeding expense limits or amount available — monetary penalties

68.07   (1) Subject to this section, on the hearing of an application under this Division, the court may provide relief as follows:

(a) ordering that all or part of the applicable monetary penalty under section 68.02 (3) [monetary penalties for exceeding expense limits or amount available] does not apply to a candidate;

(b) ordering that all or part of the monetary penalty under section 68.02 (5) does not apply to an elector organization.

(2) The authority to provide relief under subsection (1) includes the authority to make any additional order the court considers appropriate to secure compliance with Part 5.1 [Expense Limits] to the extent the court considers reasonable in the circumstances.

(3) In relation to a candidate who is subject to a monetary penalty under section 68.02 (3), the court may provide relief only if satisfied that the candidate exercised due diligence to ensure that,

(a) in the case of an unendorsed candidate, the candidate's campaign period expenses did not exceed the expense limit for the candidate, and

(b) in the case of a candidate endorsed by an elector organization, the candidate's campaign period expenses did not exceed the amount available to the candidate under the final campaign financing arrangement.

(4) In relation to an elector organization that is subject to a monetary penalty under section 68.02 (5), the court may provide relief only if satisfied that the individuals who are or may be liable under section 68.02 (6) exercised due diligence to ensure that the elector organization's campaign period expenses did not exceed the amount available to the elector organization under the final campaign financing arrangement with the candidate endorsed by the elector organization.