Section 5 (2) BEFORE amended by 2017-21-1, effective October 31, 2017 [retro from November 30, 2017 (Royal Assent)].

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

  Section 7 (1) (part) BEFORE amended by 2016-9-2, effective May 19, 2016 (Royal Assent).

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

  Section 7 (3) was added by 2021-5-2, effective March 25, 2021 (Royal Assent).

  Section 7 (1) BEFORE amended by 2021-5-1, effective December 1, 2021 (BC Reg 281/2021).

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

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

(i) the election of a candidate, or

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

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

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

(c) any other communications prescribed by regulation.

  Section 7 (2) (d) BEFORE amended by 2023-10-509, effective March 30, 2023 (Royal Assent).

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

  Section 8 (1) (a) BEFORE amended by 2016-9-2, effective May 19, 2016 (Royal Assent).

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

  Section 8 (6) was added by 2021-5-4, effective March 25, 2021 (Royal Assent).

  Section 8 (1) BEFORE amended by 2021-5-3, effective December 1, 2021 (BC Reg 281/2021).

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

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

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

  Section 8 (5) (d) BEFORE amended by 2023-10-509, effective March 30, 2023 (Royal Assent).

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

  Section 9 (1) (c) BEFORE repealed by 2017-21-2, effective October 31, 2017 [retro from November 30, 2017 (Royal Assent)].

(c) if neither (a) nor (b) applies, the individual or organization that transmits the communication to the public.

  Section 10 BEFORE re-enacted by 2016-9-3, effective May 19, 2016 (Royal Assent).

  Section 10 (1.1) was added by 2021-5-5(a), effective December 1, 2021 (BC Reg 281/2021).

  Section 10 (2) (a) BEFORE amended by 2021-5-5(b), effective December 1, 2021 (BC Reg 281/2021).

(a) begins on the 28th day before general voting day for the election, and

  Section 10 (3) (a) BEFORE amended by 2021-5-5(b), effective December 1, 2021 (BC Reg 281/2021).

(a) begins on the 28th day before general voting day for the assent voting, and

  Section 13 (1) (d) BEFORE amended by 2017-21-3(a), effective October 31, 2017 [retro from November 30, 2017 (Royal Assent)].

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

  Section 13 (1) (e) BEFORE repealed by 2017-21-3(a), effective October 31, 2017 [retro from November 30, 2017 (Royal Assent)].

(e) the amount of any money, but not the value of any non-monetary property or services, provided by an elector organization as permitted under section 26 (2) [restrictions on elector organization campaign contributions] for use in its own campaign;

  Section 13 (1) (h) (part) BEFORE amended by 2017-21-3(b), effective October 31, 2017 [retro from November 30, 2017 (Royal Assent)].

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

  Section 13 (3.1) and (3.2) were added by 2017-21-3(c), effective October 31, 2017 [retro from November 30, 2017 (Royal Assent)].

  Section 13 (5) (b.1) and (b.2) were added by 2017-21-3(d), effective October 31, 2017 [retro from November 30, 2017 (Royal Assent)].

  Section 13 (1) (a), (b), (c) and (g) BEFORE amended by 2021-5-6(a) to (d), effective December 1, 2021 (BC Reg 281/2021).

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

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

(c) if

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

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

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

(g) membership fees for an established elector organization;

  Section 13 (4) BEFORE amended by 2021-5-6(e), effective December 1, 2021 (BC Reg 281/2021).

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

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

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

  Section 13 (5) (b.2) BEFORE amended by 2021-5-6(f), effective December 1, 2021 (BC Reg 281/2021).

(b.2) non-monetary property or services provided by an elector organization for use in the organization's own campaign;

  Section 13.01 was enacted by 2017-21-4, effective October 31, 2017 [retro from November 30, 2017 (Royal Assent)].

  Section 13.02 was enacted by 2017-21-4, effective October 31, 2017 [retro from November 30, 2017 (Royal Assent)].

  Section 14 (1) BEFORE amended by 2016-9-4(a), effective May 19, 2016 (Royal Assent).

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

  Section 14 (6) and (7) were added by 2016-9-4(b), effective May 19, 2016 (Royal Assent).

  Section 14 (6) (f) BEFORE amended by 2017-21-5, effective October 31, 2017 [retro from November 30, 2017 (Royal Assent)].

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

  Section 14 (6) (part) BEFORE amended by 2021-5-7, effective December 1, 2021 (BC Reg 281/2021).

(6) Subject to any applicable regulations, the value of each of the following is not an election expense, but must be disclosed in accordance with Division 2 [Disclosure Requirements for Candidates, Elector Organizations and Advertising Sponsors] of Part 5 [Transparency Requirements for Local Elections and Assent Voting]:

  Section 15 BEFORE re-enacted by 2016-9-5, effective May 19, 2016 (Royal Assent).

  Section 16 (1) BEFORE amended by 2016-9-6, effective May 19, 2016 (Royal Assent).

(1) The rules in this section apply for the purpose of determining the value of a campaign contribution or election expense unless otherwise expressly provided under this Act.

  Section 17 (2) BEFORE amended by 2023-10-510, effective March 30, 2023 (Royal Assent).

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

  Section 18 (5) (c) BEFORE repealed by 2017-21-6(a), effective October 31, 2017 [retro from November 30, 2017 (Royal Assent)].

(c) if the candidate has separate campaigns for different jurisdictions as referred to in section 4 (2) [candidate running in multiple elections], making a transfer from a campaign account for one of those campaigns to a campaign account for another of those campaigns;

  Section 18 (5) (g.1) and (6) (a.1) were added by 2017-21-6(b) and (c), effective October 31, 2017 [retro from November 30, 2017 (Royal Assent)].

  Section 19 (4), (6) and (7) BEFORE repealed by 2021-5-8, effective December 1, 2021 (BC Reg 281/2021).

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

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

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

(c) any other information or material required by regulation.

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

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

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

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

  Section 20 (5) (b) BEFORE repealed by 2017-21-7(a), effective October 31, 2017 [retro from November 30, 2017 (Royal Assent)].

(b) if the elector organization has separate campaigns for different jurisdictions as referred to in section 5 (2) [elector organization endorsing candidates in more than one jurisdiction], making a transfer from a campaign account for one of those campaigns to a campaign account for another of those campaigns;

  Section 20 (5) (f.1) and (6) (a.1) were added by 2017-21-7(b) and (c), effective October 31, 2017 [retro from November 30, 2017 (Royal Assent)].

  Section 20 (5) (d) BEFORE amended by 2021-5-9, effective December 1, 2021 (BC Reg 281/2021).

(d) making payments and transfers referred to in and payments under section 25 [what happens if an elector organization has surplus campaign funds];

  Section 21 (1) (part) BEFORE amended by 2021-5-10(a), effective December 1, 2021 (BC Reg 281/2021).

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

  Section 21 (2) and (3) BEFORE repealed by 2021-5-10(b), effective December 1, 2021 (BC Reg 281/2021).

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

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

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

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

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

  Section 21 (4) BEFORE amended by 2021-5-10(c), effective December 1, 2021 (BC Reg 281/2021).

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

  Section 22 (1.1) and (1.2) were added by 2017-21-8, effective October 31, 2017 [retro from November 30, 2017 (Royal Assent)].

  Section 22 (4) (b) BEFORE amended by 2021-5-11, effective December 1, 2021 (BC Reg 281/2021).

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

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

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

  Section 23 (3) BEFORE amended by 2016-9-7, effective May 19, 2016 (Royal Assent).

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

  Section 23 (5) BEFORE amended by 2017-21-9(a), effective October 31, 2017 [retro from November 30, 2017 (Royal Assent)].

(5) If an amount is transferred under subsection (4) (b) and the candidate is not endorsed by the elector organization, an amount equal to the amount transferred may be returned to the candidate from the campaign account of the elector organization.

  Section 23 (6) BEFORE repealed by 2017-21-9(b), effective October 31, 2017 [retro from November 30, 2017 (Royal Assent)].

(6) If subsection (5) applies, but

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

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

the candidate must, in accordance with the regulations, provide to the elector organization information respecting the campaign contributions received by the candidate and records of those campaign contributions as required to be maintained under section 29 [campaign contribution information that must be recorded].

  Section 23 (7) BEFORE amended by 2017-21-9(b), effective October 31, 2017 [retro from November 30, 2017 (Royal Assent)].

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

  Section 24 (2) BEFORE amended by 2023-10-510, effective March 30, 2023 (Royal Assent).

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

  Section 25 BEFORE repealed by 2021-5-12, effective December 1, 2021 (BC Reg 281/2021).

  Section 26 (0.1) was added by 2017-21-10(a), effective October 31, 2017 [retro from November 30, 2017 (Royal Assent)].

  Section 26 (1) (part) BEFORE amended by 2017-21-10(b), effective October 31, 2017 [retro from November 30, 2017 (Royal Assent)].

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

  Section 26 (1) (g) BEFORE repealed by 2017-21-10(c), effective October 31, 2017 [retro from November 30, 2017 (Royal Assent)].

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

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

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

  Section 26 (1.1) was added by 2017-21-10(d), effective October 31, 2017 [retro from November 30, 2017 (Royal Assent)].

  Section 26 (2) BEFORE amended by 2017-21-10(e), effective October 31, 2017 [retro from November 30, 2017 (Royal Assent)].

(2) Except as permitted by regulation, an elector organization must not make a campaign contribution of money to its own campaign or to the campaign of a candidate who is or is intended to be endorsed by the elector organization.

  Section 26 (2.01) was added by 2017-21-10(f), effective October 31, 2017 [retro from November 30, 2017 (Royal Assent)].

  Section 27 (1.01) was added by 2017-21-11, effective October 31, 2017 [retro from November 30, 2017 (Royal Assent)].

  Section 27.01 was enacted by 2017-21-12, effective October 31, 2017 [retro from November 30, 2017 (Royal Assent)].

  Section 27.01 BEFORE re-enacted by 2021-5-13, effective March 25, 2021 (Royal Assent).

  Section 27.02 was enacted by 2017-21-12, effective October 31, 2017 [retro from November 30, 2017 (Royal Assent)].

  Section 27.02 (1) BEFORE amended by 2021-5-14(a), effective March 25, 2021 (Royal Assent).

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

  Section 27.02 (1.1) was added by 2021-5-14(a), effective March 25, 2021 (Royal Assent).

  Section 27.02 (2) BEFORE amended by 2021-5-14(b), effective March 25, 2021 (Royal Assent).

(2) A candidate or elector organization must not accept a permissible loan for campaign use from an eligible individual 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.

  Section 27.02 (3) (part) BEFORE amended by 2021-5-14(c), effective March 25, 2021 (Royal Assent).

(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) or (2), the financial agent must, within 30 days after the candidate, elector organization or financial agent becomes aware of the contravention,

  Section 28 (3) BEFORE amended by 2021-5-15, effective March 25, 2021 (Royal Assent).

(3) An amount to be paid under this section must be paid from a campaign account of the applicable candidate or elector organization.

  Section 29 (1) (c) and (d) BEFORE amended and (e) BEFORE repealed by 2017-21-13(a), effective October 31, 2017 [retro from November 30, 2017 (Royal Assent)].

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

(d) the contributor class of the contributor;

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

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

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

  Section 29 (2) (b) BEFORE amended by 2017-21-13(b), effective October 31, 2017 [retro from November 30, 2017 (Royal Assent)].

(b) to the extent possible, the information required under subsection (1) (a) to (e) of this section;

  Section 29 (2) (b.1) was added by 2017-21-13(c), effective October 31, 2017 [retro from November 30, 2017 (Royal Assent)].

  Part 2, Division 4, sections 30.01 and 30.02 were enacted by 2017-21-14, effective October 31, 2017 [retro from November 30, 2017 (Royal Assent)].

  Part 2, Division 5, sections 30.03 to 30.05 were enacted by 2017-21-14, effective October 31, 2017 [retro from November 30, 2017 (Royal Assent)].

  Part 2, Division 6, sections 30.06 to 30.18, was enacted by 2021-5-16, effective December 1, 2021 (BC Reg 281/2021).

  Part 3, heading BEFORE amended by 2016-9-8, effective May 19, 2016 (Royal Assent).

Part 3 — Third Party Election Advertising

  Section 32 (1) (d) (part) BEFORE amended by 2017-21-15(a), effective October 31, 2017 [retro from November 30, 2017 (Royal Assent)].

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

  Section 32 (2.1) was added by 2017-21-15(b), effective October 31, 2017 [retro from November 30, 2017 (Royal Assent)].

  Section 32.01 was enacted by 2017-21-16, effective October 31, 2017 [retro from November 30, 2017 (Royal Assent)].

  Section 32.01 (1) BEFORE amended by 2021-5-17, effective March 4, 2021 (day after First Reading) [retro from March 25, 2021 (Royal Assent)].

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

  Section 33 (6) was added by 2016-9-9, effective May 19, 2016 (Royal Assent).

  Section 34 (0.1) was added by 2017-21-17(a), effective October 31, 2017 [retro from November 30, 2017 (Royal Assent)].

  Section 34 (1) (part) BEFORE amended by 2017-21-17(b), effective October 31, 2017 [retro from November 30, 2017 (Royal Assent)].

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

  Section 34 (1) (e) BEFORE repealed by 2017-21-17(c), effective October 31, 2017 [retro from November 30, 2017 (Royal Assent)].

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

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

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

  Section 34 (1.1) was added by 2017-21-17(d), effective October 31, 2017 [retro from November 30, 2017 (Royal Assent)].

  Section 34 (1.01) was added by 2021-5-18, effective March 4, 2021 (day after First Reading) [retro from March 25, 2021 (Royal Assent)].

  Section 34.01 was enacted by 2017-21-18, effective October 31, 2017 [retro from November 30, 2017 (Royal Assent)].

  Section 34.01 BEFORE re-enacted by 2021-5-19, effective March 4, 2021 (day after First Reading) [retro from March 25, 2021 (Royal Assent)].

  Section 34.02 was enacted by 2017-21-18, effective October 31, 2017 [retro from November 30, 2017 (Royal Assent)].

  Section 34.02 (1) BEFORE amended by 2021-5-20, effective March 4, 2021 (day after First Reading) [retro from March 25, 2021 (Royal Assent)].

(1) A third party sponsor must not accept a sponsorship contribution from an organization or an individual, other than an eligible individual.

  Section 34.03 was enacted by 2017-21-18, effective October 31, 2017 [retro from November 30, 2017 (Royal Assent)].

  Section 34.03 (1.1) was added by 2021-5-21(a), effective March 4, 2021 (day after First Reading) [retro from March 25, 2021 (Royal Assent)].

  Section 34.03 (2) (part) BEFORE amended by 2021-5-21(b), effective March 4, 2021 (day after First Reading) [retro from March 25, 2021 (Royal Assent)].

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

  Section 35 (1) BEFORE repealed by 2017-21-19, effective October 31, 2017 [retro from November 30, 2017 (Royal Assent)].

(1) A third party sponsor must not accept

(a) a sponsorship contribution for which the information required to be recorded under section 36 is not provided, or

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

  Section 36 (1) (c) and (d) BEFORE amended and (e) BEFORE repealed by 2017-21-20(a), effective October 31, 2017 [retro from November 30, 2017 (Royal Assent)].

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

(d) the contributor class of the contributor;

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

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

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

  Section 36 (2) (b) BEFORE amended by 2017-21-20(b), effective October 31, 2017 [retro from November 30, 2017 (Royal Assent)].

(b) to the extent possible, the information required under subsection (1) (a) to (e) of this section;

  Section 36 (2) (b.1) was added by 2017-21-20(c), effective October 31, 2017 [retro from November 30, 2017 (Royal Assent)].

  Section 36 (2.1) was added by 2017-21-20(d), effective October 31, 2017 [retro from November 30, 2017 (Royal Assent)].

  Part 3, Division 2.1, sections 36.01 and 36.02, was enacted by 2021-5-22, effective March 4, 2021 (day after First Reading) [retro from March 25, 2021 (Royal Assent)].

  Part 3, Division 4, sections 44.1 to 44.7, was enacted by 2016-9-10, effective May 19, 2016 (Royal Assent).

  Section 42 (1) BEFORE amended by 2016-9-11, effective May 19, 2016 (Royal Assent).

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

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

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

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

  Section 44 (6) and (7) were added by 2021-5-23, effective December 1, 2021 (BC Reg 281/2021).

  Section 45 (3) BEFORE amended by RS2015-1-RevSch, effective January 1, 2016 [coming into force of RS2015-1].

(3) Subject to section 153 (4) [prohibition on certain activities within 100 metres of voting proceedings on general voting day] of the Local Government Act and section 125 (4) of the Vancouver Charter, subsections (1) and (2) of this section do not apply in respect of the following election advertising or non-election assent voting advertising:

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

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

(c) communication by the distribution of pamphlets;

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

  Section 45 (3) (part) BEFORE amended by 2016-9-12, effective May 19, 2016 (Royal Assent).

(3) Subject to section 163 (4)[prohibition on certain activities within 100 metres of voting proceedings on general voting day] of the Local Government Act and section 125 (4) of the Vancouver Charter, subsections (1) and (2) of this section do not apply in respect of the following election advertising or non-election assent voting advertising:

  Section 45 (3) (c.1) was added by 2016-9-12, effective May 19, 2016 (Royal Assent).

  Section 45.1 was enacted by 2021-5-24, effective December 1, 2021 (BC Reg 281/2021).

  Section 45.2 was enacted by 2021-5-24, effective December 1, 2021 (BC Reg 281/2021).

  Section 46 (3) (b) BEFORE amended by 2021-5-25, effective March 25, 2021 (Royal Assent).

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

  Section 48 (1) (b) and (c) BEFORE amended by 2016-9-13, effective May 19, 2016 (Royal Assent).

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

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

  Section 48 (1) (part) BEFORE amended by 2021-5-26(a), effective December 1, 2021 (BC Reg 281/2021).

(1) If a disclosure statement is not filed before the end of the time period under section 47 (1) [time limit for filing without penalty fee], the BC chief electoral officer must, as soon as practicable, give notice as follows:

  Section 48 (1) (b) (part) BEFORE amended by 2021-5-26(b), effective December 1, 2021 (BC Reg 281/2021).

(b) in relation to an elector organization disclosure statement, to the following:

  Section 48 (2) (a) BEFORE amended by 2021-5-26(c), effective December 1, 2021 (BC Reg 281/2021).

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

  Section 48 (2) (c) BEFORE amended by 2021-5-26(d), effective December 1, 2021 (BC Reg 281/2021).

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

  Section 49 (2) (b), (c), (e) and (h) BEFORE amended by 2016-9-14(a), effective May 19, 2016 (Royal Assent).

(b) election expenses of the candidate;

(c) election proceedings period expenses of the candidate;

(e) amounts, other than campaign contributions and election expenses, deposited into or paid from a campaign account of the candidate or transferred between campaign accounts of the candidate;

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

  Section 49 (2) (c.1) was added by 2016-9-14(a), effective May 19, 2016 (Royal Assent).

  Section 49 (3) BEFORE amended by 2016-9-14(b), effective May 19, 2016 (Royal Assent).

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

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

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

  Section 49 (2) (d) BEFORE amended by 2017-21-21(a), effective October 31, 2017 [retro from November 30, 2017 (Royal Assent)].

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

  Section 49 (2) (f.1) and (f.2) were added by 2017-21-21(b), effective October 31, 2017 [retro from November 30, 2017 (Royal Assent)].

  Section 49 (2) (c.1) BEFORE amended by 2021-5-27, effective December 1, 2021 (BC Reg 281/2021).

(c.1) expenses of the candidate that are not election expenses but must be disclosed under section 14 (6) [expenses that must be disclosed];

  Section 50 (2) (c), (d), (g) and (k) BEFORE amended by 2016-9-15, effective May 19, 2016 (Royal Assent).

(c) election expenses of the elector organization;

(d) election proceedings period expenses of the elector organization;

(g) amounts, other than campaign contributions and election expenses, deposited into or paid from a campaign account of the elector organization or transferred between campaign accounts of the elector organization;

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

  Section 50 (2) (d.1) and (d.2) were added by 2016-9-15, effective May 19, 2016 (Royal Assent).

  Section 50 (2) (e) BEFORE amended by 2017-21-22(a), effective October 31, 2017 [retro from November 30, 2017 (Royal Assent)].

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

  Section 50 (2) (e.1) and (e.2) were added by 2017-21-22(b), effective October 31, 2017 [retro from November 30, 2017 (Royal Assent)].

  Section 50 (2) (f) BEFORE repealed by 2017-21-22(c), effective October 31, 2017 [retro from November 30, 2017 (Royal Assent)].

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

  Section 50 (2) (d.1) BEFORE amended by 2021-5-28, effective December 1, 2021 (BC Reg 281/2021).

(d.1) expenses of the elector organization that are not election expenses but must be disclosed under section 14 (6) [expenses that must be disclosed];

  Section 51 (4) BEFORE amended by 2016-9-16(a), effective May 19, 2016 (Royal Assent).

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

  Section 51 (5) BEFORE repealed by 2016-9-16(b), effective May 19, 2016 (Royal Assent).

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

  Section 51 (2) (c) BEFORE amended by 2017-21-23(a), effective October 31, 2017 [retro from November 30, 2017 (Royal Assent)].

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

  Section 51 (2) (c.1) and (c.2) were added by 2017-21-23(b), effective October 31, 2017 [retro from November 30, 2017 (Royal Assent)].

  Section 52 (4) BEFORE repealed by 2016-9-17, effective May 19, 2016 (Royal Assent).

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

  Section 52 (2) (c) BEFORE amended by 2017-21-24(a), effective October 31, 2017 [retro from November 30, 2017 (Royal Assent)].

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

  Section 52 (2) (c.1) and (c.2) were added by 2017-21-24(b), effective October 31, 2017 [retro from November 30, 2017 (Royal Assent)].

  Section 53 (part) BEFORE amended by 2021-5-29, effective December 1, 2021 (BC Reg 281/2021).

  Section 54 (2) (b) BEFORE amended by 2016-9-18(a), effective May 19, 2016 (Royal Assent).

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

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

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

  Section 54 (7) was added by 2016-9-18(b), effective May 19, 2016 (Royal Assent).

  Section 54 BEFORE re-enacted by 2021-5-30, effective December 1, 2021 (BC Reg 281/2021).

  Section 55 (1) BEFORE amended by 2021-5-31, effective December 1, 2021 (BC Reg 281/2021).

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

  Section 55 (2) (b) BEFORE amended by 2021-5-31, effective December 1, 2021 (BC Reg 281/2021).

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

  Section 55 (3) BEFORE amended by 2021-5-31, effective December 1, 2021 (BC Reg 281/2021).

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

  Section 56 BEFORE amended by 2021-5-32, effective December 1, 2021 (BC Reg 281/2021).

  Section 57 (1) and (3) BEFORE amended by 2021-5-33, effective December 1, 2021 (BC Reg 281/2021).

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

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

  Section 58 (1) (a) and (b) BEFORE amended by 2017-21-25, effective October 31, 2017 [retro from November 30, 2017 (Royal Assent)].

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

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

  Section 58 (0.1) was added by 2021-5-34(a), effective December 1, 2021 (BC Reg 281/2021).

  Section 58 (2) to (4) BEFORE amended by 2021-5-34(b) to (f), effective December 1, 2021 (BC Reg 281/2021).

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

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

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

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

(a) is authorized to collect that information,

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

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

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

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

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

  Section 60 (1) BEFORE amended by 2016-9-19, effective May 19, 2016 (Royal Assent).

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

(a) in relation to candidate disqualification, the individuals who are subject to disqualification penalties under section 64 (2) [failure to disclose] or 65 [false or misleading disclosure] and the jurisdiction to which the disqualifications relate;

(b) in relation to elector organization disqualification, the organizations that are subject to disqualification penalties under section 64 (3) [failure to disclose] or 65 and the jurisdiction to which the disqualifications relate;

(c) in relation to third party sponsor or assent voting advertising sponsor disqualification, the individuals and organizations that are subject to disqualification penalties under section 64 (4) [failure to disclose] or 65.

  Section 60 (1) (b) BEFORE repealed by 2021-5-35, effective December 1, 2021 (BC Reg 281/2021).

(b) in relation to elector organization disqualification, the list must include

(i) the organizations that are subject to disqualification penalties under the following sections:

(A) section 64 (3) [elector organization failure to disclose];

(B) section 65 (1) (c) [elector organization conviction for false or misleading disclosure];

(C) section 68.01 (5) [elector organization penalties for exceeding expense limits and amount available];

(D) section 68.03 (3) [unpaid monetary penalties — elector organization], and

(ii) the jurisdiction to which the disqualification relates;

  Section 61 (1) (b) BEFORE amended by 2021-5-36, effective December 1, 2021 (BC Reg 281/2021).

(b) any individuals or organizations that become subject to disqualification penalties referred to in section 60 (1) (a) or (b) [disqualification lists — candidate or elector organization disqualification].

  Section 61.1 was enacted by 2021-5-37, effective December 1, 2021 (BC Reg 281/2021).

  Section 62 (2) BEFORE amended by 2016-9-20, effective May 19, 2016 (Royal Assent).

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

  Section 62 (1) (b) BEFORE repealed by 2021-5-38, effective December 1, 2021 (BC Reg 281/2021).

(b) in relation to an elector organization,

(i) the name and mailing address of the financial agent for the elector organization as provided under section 19 [each elector organization must have a financial agent], and

(ii) the name of the authorized principal official of the elector organization as provided under section 21 [responsible principal officials of elector organization];

  Part 5.1, Divisions 1 to 3, sections 63.01 to 63.11 were enacted by 2016-9-21, effective May 19, 2016 (Royal Assent).

  Section 63.06 (1) (b) BEFORE amended by 2023-10-510, effective March 30, 2023 (Royal Assent).

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

  Section 63.06 (2) BEFORE amended by 2023-10-510, effective March 30, 2023 (Royal Assent).

(2) Subsection (1) (a) does not include a candidate who is his or her own financial agent.

  Section 63.10 (3) (a) BEFORE amended by 2021-5-39, effective December 1, 2021 (BC Reg 281/2021).

(a) may be made no later than 3 days before general voting day, and

  Part 6, heading BEFORE amended by 2016-9-22, effective May 19, 2016 (Royal Assent).

Part 6 — Penalties for Failure to Comply with Disclosure Requirements

  Part 6, Division 1, heading BEFORE amended by 2016-9-23, effective May 19, 2016 (Royal Assent).

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

  Section 64 (3) (b) BEFORE amended by 2016-9-24(a), effective May 19, 2016 (Royal Assent).

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

  Section 64 (4) BEFORE amended by 2016-9-24(b), (c) and (d), effective May 19, 2016 (Royal Assent).

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

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

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

  Section 64 (4.1) was added by 2016-9-24(e), effective May 19, 2016 (Royal Assent).

  Section 64 (4) (b) BEFORE amended by 2017-10-27, effective November 2, 2017 (Royal Assent).

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

  Section 64 (1), (3) and (5) (part) BEFORE amended by 2021-5-40(a) to (e), effective December 1, 2021 (BC Reg 281/2021).

(1) Subject to a court order for relief under section 68 (1) (c) [relief from obligation to file], the penalties under this section apply to a candidate, elector organization, third party sponsor or assent voting advertising sponsor for which a disclosure statement or supplementary report in accordance with Part 5 [Transparency Requirements for Local Elections and Assent Voting] has not been filed by the compliance deadline.

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

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

(b) subject to subsection (4.1), the elector organization is prohibited from accepting campaign contributions or incurring election expenses until after the next general local election.

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

  Section 64 (5.1) and (5.2) were added by 2021-5-40(f), effective December 1, 2021 (BC Reg 281/2021).

  Section 64 (7) (a) BEFORE amended by 2021-5-40(g), effective December 1, 2021 (BC Reg 281/2021).

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

  Section 65 (1) BEFORE amended by 2016-9-25, effective May 19, 2016 (Royal Assent).

(1) If a candidate, elector organization, third party sponsor or assent voting advertising sponsor is convicted of an offence under section 84 [general offence in relation to false or misleading information] in relation to a disclosure statement or supplementary report, the following penalties apply at the time of conviction:

(a) in relation to a candidate, the candidate is subject to the penalties that apply under section 64 (2) [candidate disqualification penalties for failure to disclose];

(b) in relation to an elector organization, the organization is subject to the penalties that apply under section 64 (3) [elector organization disqualification penalties for failure to disclose];

(c) in relation to a third party sponsor or assent voting advertising sponsor, the sponsor is subject to the penalties that apply under section 64 (4) [sponsor disqualification penalties for failure to disclose].

  Section 65 (1.1) was added by 2016-9-25, effective May 19, 2016 (Royal Assent).

  Section 65 (1) (part) BEFORE amended by 2021-5-41(a), effective December 1, 2021 (BC Reg 281/2021).

(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 or supplementary report, the following penalties apply at the time of conviction:

  Section 65 (1) (c) (i) and (ii) BEFORE amended by 2021-5-41(b) and (c), effective December 1, 2021 (BC Reg 281/2021).

(i) is disqualified from endorsing a candidate until after the next general local election, and

(ii) subject to subsection (1.1), is prohibited from accepting campaign contributions or incurring election expenses until after the next general local election;

  Section 65.1 was enacted by 2016-9-26, effective May 19, 2016 (Royal Assent).

  Section 66 (4) (c) BEFORE amended by 2016-9-27, effective May 19, 2016 (Royal Assent).

(c) in the case of an application in relation to an elector organization, on the organization and individuals referred to in subsection (2) (b);

  Section 66 (2) (b) BEFORE amended by 2021-5-42, effective December 1, 2021 (BC Reg 281/2021).

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

  Section 66 (3) BEFORE amended by 2021-5-42, effective December 1, 2021 (BC Reg 281/2021).

(3) The time limit for filing the petition for an application under this section is the compliance deadline for the disclosure statement or supplementary report to which the application relates.

  Section 68 (2) (b.1) was added by 2016-9-28, effective May 19, 2016 (Royal Assent).

  Section 68 (1) BEFORE amended by 2021-5-43(a), effective December 1, 2021 (BC Reg 281/2021).

(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 or supplementary report;

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

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

  Section 68 (2) (a) BEFORE amended by 2021-5-43(b), effective December 1, 2021 (BC Reg 281/2021).

(a) in relation to an order under subsection (1) (a) respecting a disclosure statement, order

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

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

  Section 68 (2) (b.2) was added by 2021-5-43(c), effective December 1, 2021 (BC Reg 281/2021).

  Section 68 (4) (a) and (b) BEFORE amended by 2021-5-43(d) and (e), effective December 1, 2021 (BC Reg 281/2021).

(a) in relation to a disclosure statement 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 organization filed endorsement documents, and

(ii) ending on the day after the compliance deadline for filing the disclosure statement;

(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 organization filed endorsement documents, and

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

  Part 6, Division 3, sections 68.01 to 68.03 were enacted by 2016-9-29, effective May 19, 2016 (Royal Assent).

  Section 68.01 (5) (a) and (b) BEFORE amended by 2021-5-44(a) and (b), effective December 1, 2021 (BC Reg 281/2021).

(a) is disqualified from endorsing a candidate until after the next general local election, and

(b) subject to subsection (6), is prohibited from accepting campaign contributions or incurring election expenses until after the next general local election.

  Section 68.01 (7) (part) BEFORE amended by 2021-5-44(c), effective December 1, 2021 (BC Reg 281/2021).

(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 penalties under this section as follows:

  Section 68.01 (7) (a) (ii) (part) BEFORE amended by 2021-5-44(d), effective December 1, 2021 (BC Reg 281/2021).

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

  Section 68.01 (7.1) was added by 2021-5-44(e), effective December 1, 2021 (BC Reg 281/2021).

  Section 68.02 (2) to (5) BEFORE amended by 2021-5-45, effective December 1, 2021 (BC Reg 281/2021).

(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 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 equal to 2 times the amount by which the expense limit was exceeded, and

(b) in the case of a candidate endorsed by an elector organization, a monetary penalty equal to 2 times the amount by which the amount available to the candidate was exceeded.

(4) The monetary penalty set out in subsection (5) applies to an elector organization if the endorsing elector organization's campaign period expenses 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 equal to 5 times the amount by which the amount available to the elector organization was exceeded.

  Section 68.03 (3) (a) and (b) BEFORE amended by 2021-5-46, effective December 1, 2021 (BC Reg 281/2021).

(a) is disqualified from endorsing a candidate until after the next general local election, and

(b) subject to subsection (4), is prohibited from accepting campaign contributions or incurring election expenses until after the next general local election.

  Part 6, Division 4, sections 68.04 to 68.08 were enacted by 2016-9-29, effective May 19, 2016 (Royal Assent).

  Section 68.06 (2) BEFORE amended by 2021-5-47, effective December 1, 2021 (BC Reg 281/2021).

(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.

  Part 6, Division 5, sections 68.09 to 68.12 were enacted by 2016-9-29, effective May 19, 2016 (Royal Assent).

  Section 68.09 (5) (a) and (b) BEFORE amended by 2021-5-48, effective March 25, 2021 (Royal Assent).

(a) in the case of a third party sponsor that is an individual, a monetary penalty equal to 2 times the amount by which the third party advertising limit was exceeded, and

(b) in the case of a third party sponsor that is an organization, a monetary penalty equal to 5 times the amount by which the third party advertising limit was exceeded.

  Part 6, Division 5.1, sections 68.13 to 68.18, was enacted by 2021-5-49, effective December 1, 2021 (BC Reg 281/2021).

  Part 6, Division 5.2, sections 68.19 to 68.22, was enacted by 2021-5-50, effective March 4, 2021 (day after First Reading) [retro from March 25, 2021 (Royal Assent)].

  Part 6, Division 5.3, sections 68.23 to 68.26, was enacted by 2021-5-51, effective March 25, 2021 (Royal Assent).

  Part 6, Division 5.4, sections 68.27 and 68.28, was enacted by 2021-5-52, effective December 1, 2021 (BC Reg 281/2021).

  Part 6, Division 6, heading was added by 2016-9-30, effective May 19, 2016 (Royal Assent).

  Section 69 (1) BEFORE amended by 2016-9-31, effective May 19, 2016 (Royal Assent).

(1) Subject to subsection (2), the Supreme Court may extend the date when a penalty would otherwise apply under section 64 (5) (b) (i) [penalties apply 42 days after the compliance deadline].

  Section 69 (2) (b) BEFORE amended by 2021-5-53, effective March 25, 2021 (Royal Assent).

(b) an application for relief under this Division has been filed, served and set down for hearing as required under this Division but has not yet been decided, and

  Section 70 BEFORE amended by 2021-5-53, effective March 25, 2021 (Royal Assent).

  Section 71 (1) (part) and (3) BEFORE amended by 2021-5-53, effective March 25, 2021 (Royal Assent).

(1) The BC chief electoral officer may set down an application under this Division for hearing by filing a request with the court registry and serving the request on the applicant and any other parties to the application as follows:

(3) The BC chief electoral officer may appeal an order of the court under this Division, whether or not that officer was a party to the application.

  Section 72 (2.1), (2.2), (4), (5) and (6) were added by 2016-9-32, effective May 19, 2016 (Royal Assent).

  Section 72 (3) BEFORE amended by 2016-9-32, effective May 19, 2016 (Royal Assent).

(3) If a candidate to whom subsection (2) applies was declared elected before becoming disqualified under section 64 and the term of office for which the candidate was elected has not ended,

(a) the candidate is entitled to take office for any unexpired part of the term if not otherwise disqualified, and

(b) if the candidate exercises this right, the individual currently holding the office ceases to hold office.

  Section 72 (1) BEFORE amended by 2021-5-53, effective March 25, 2021 (Royal Assent).

(1) Penalties under this Act may not be stayed pending determination of an appeal of an order under this Division.

  Section 72 (1.1) was added by 2021-5-54(a), effective December 1, 2021 (BC Reg 281/2021).

  Section 72 (2) BEFORE amended by 2021-5-54(b), effective December 1, 2021 (BC Reg 281/2021).

(2) For certainty, if

(a) a candidate, elector organization, third party sponsor or assent voting advertising sponsor has become subject to disqualification penalties under section 64 [penalties for failure to disclose], and

(b) on the final determination of an application under section 66 [application for relief in relation to disclosure requirements], the court provides relief from the disclosure requirements and, as applicable, there is compliance with the court order,

the candidate, elector organization, third party sponsor or assent voting advertising sponsor ceases to be disqualified under section 64.

  Section 72 (2.01) was added by 2021-5-54(c), effective December 1, 2021 (BC Reg 281/2021).

  Section 72 (5) (part) BEFORE amended by 2021-5-54(d), effective December 1, 2021 (BC Reg 281/2021).

(5) For certainty, an elector organization that is subject to penalties under section 68.01 (5) ceases to be disqualified or prohibited under that section if, on the final determination of an application under section 68.04,

  Part 6, Division 7, s. 72.1, was enacted by 2021-5-55, effective March 25, 2021 (Royal Assent).

  Section 72.1 (1) (a) BEFORE amended by 2021-5-56, effective December 1, 2021 (BC Reg 281/2021).

(a) the names of individuals or organizations on which the BC chief electoral officer has imposed a monetary penalty under any of the following:

(i) Division 3 [Expense Limit Penalties] of Part 6;

(ii) Division 5.1 [Campaign Contributions — Penalties and Court Orders for Relief] of Part 6;

(iii) Division 5.2 [Sponsorship Contributions — Penalties and Court Orders for Relief] of Part 6;

(iv) Division 5.3 [Third Party Sponsors — Penalties and Court Orders for Relief] of Part 6;

(v) section 76.1 [penalty for failure to comply with requirements to provide information],

  Section 73 BEFORE re-enacted by 2016-9-33, effective May 19, 2016 (Royal Assent).

  Sections 76.1 to 76.4 were enacted by 2021-5-57, effective March 25, 2021 (Royal Assent).

  Section 78.1 was enacted by 2016-9-34, effective May 19, 2016 (Royal Assent).

  Section 78.1 (1) BEFORE amended by 2021-5-58, effective March 25, 2021 (Royal Assent).

(1) In relation to a monetary penalty under section 68.02 (3) or (5) or 68.09 (5), the BC chief electoral officer may issue and file with the Supreme Court a certificate specifying the name of the candidate, elector organization or third party sponsor, as applicable, and the amount owed under those sections by the candidate, elector organization or third party sponsor.

  Section 78.1 (1) BEFORE amended by 2021-5-59, effective December 1, 2021 (BC Reg 281/2021).

(1) In relation to a monetary penalty under section 68.02 (3) or (5), 68.09 (5), 68.13 (2) or (4), 68.14 (2), 68.15 (2), 68.16 (2), 68.17 (2), 68.19 (2) or (4), 68.20 (2), 68.21 (2), 68.23 (2), 68.24 (2), 68.25 (2) or 76.1 (2), the BC chief electoral officer may issue and file with the Supreme Court a certificate specifying the name of the individual or organization, as applicable, and the amount owed under the applicable section by the individual or organization.

  Section 81 (2) BEFORE amended by BC Reg 99/2018 under RS1996-238-11, effective May 18, 2018 (BC Reg 99/2018).

(2) If the BC chief electoral officer is satisfied that there are reasonable grounds to believe that an individual or organization has contravened this Act or a regulation under this Act, the BC chief electoral officer may refer the matter to the Criminal Justice Branch of the Ministry of Justice for a determination of whether to approve prosecution.

  Section 84 (3) was added by 2021-5-60, effective December 1, 2021 (BC Reg 281/2021).

  Section 89 BEFORE amended by 2021-5-61, effective December 1, 2021 (BC Reg 281/2021).

  Section 90 (2) BEFORE repealed by 2016-9-35, effective May 19, 2016 (Royal Assent).

(2) An extension order under this section may not extend the time period for filing the disclosure statement to a time later than 120 days after general voting day for the election or assent voting to which the disclosure statement relates.

  Section 90 (1) BEFORE amended by 2021-5-62(a), effective December 1, 2021 (BC Reg 281/2021).

(1) Subject to this section and any applicable regulations, the BC chief electoral officer may, on request, make an order extending the time period for filing a disclosure statement without payment of a late filing penalty fee that would otherwise apply.

  Section 90 (3) (b) BEFORE amended by 2021-5-62(b), effective December 1, 2021 (BC Reg 281/2021).

(b) that the disclosure statement cannot be filed within the time period that would otherwise apply by reason of an emergency or other extraordinary circumstance.

  Section 91 (2) BEFORE amended by 2015-27-46, effective May 10, 2016 (BC Reg 109/2016).

(2) The minister responsible for the administration of the Document Disposal Act may require that the records referred to in subsection (1) be given into the custody of the archives of the government after the end of the applicable retention period under that subsection.

  Section 91 (1) BEFORE amended by 2021-5-63(a), effective December 1, 2021 (BC Reg 281/2021).

(1) The BC chief electoral officer must retain the disclosure statements and supplementary reports under this Act until at least 5 years after general voting day for the election or assent voting to which they relate.

  Section 91 (1.1) was added by 2021-5-63(b), effective December 1, 2021 (BC Reg 281/2021).

  Section 92 (1) (e) BEFORE amended by RS2015-1-RevSch, effective January 1, 2016 [coming into force of RS2015-1].

(e) a copy of the information and material provided under section 73.1 (1) [other information to be provided by candidate] of the Local Government Act or section 45.1 (1) of the Vancouver Charter, as applicable, or the information provided in that material;

  Section 92 (2) (a) and (b) BEFORE amended by RS2015-1-RevSch, effective January 1, 2016 [coming into force of RS2015-1].

(2) As soon as practicable after receiving the endorsement documents for an elector organization, the local election officer must provide the following to the BC chief electoral officer:

(a) a copy of the statement provided under section 73.4 (1) (a) [endorsement documents] of the Local Government Act or section 45.4 (1) (a) of the Vancouver Charter, as applicable, or the information provided in that statement;

(b) a copy of the information and material provided under section 73.5 [additional elector organization information] of the Local Government Act or section 45.5 of the Vancouver Charter, as applicable, or the information provided in that material;

  Section 92 (2) BEFORE repealed by 2021-5-64(a), effective December 1, 2021 (BC Reg 281/2021).

(2) As soon as practicable after receiving the endorsement documents for an elector organization, the local election officer must provide the following to the BC chief electoral officer:

(a) a copy of the statement provided under section 93 (1) (a) [endorsement documents] of the Local Government Act or section 45.4 (1) (a) of the Vancouver Charter, as applicable, or the information provided in that statement;

(b) a copy of the information and material provided under section 94 [additional elector organization information] of the Local Government Act or section 45.5 of the Vancouver Charter, as applicable, or the information provided in that material;

(c) other information as required by regulation.

  Section 92 (4.1) was added by 2021-5-64(b), effective December 1, 2021 (BC Reg 281/2021).

  Section 96 (4) (a) to (c) BEFORE amended by 2021-5-65, effective March 25, 2021 (Royal Assent).

(a) if the communication is sent by ordinary or registered mail to the mailing address provided as an address for service, on the 5th day after it is mailed;

(b) if the communication is sent by email to the email address provided as an address for service, on the 3rd day after it is sent;

(c) if the communication is sent by fax to the fax number provided as an address for service, on the 3rd day after it is faxed;

  Section 98.1 was enacted by 2016-9-36, effective May 19, 2016 (Royal Assent).

  Section 98.1 BEFORE amended by 2017-21-26, effective October 31, 2017 [retro from November 30, 2017 (Royal Assent)].

  Section 99 (4) BEFORE amended by RS2015-1-RevSch, effective January 1, 2016 [coming into force of RS2015-1].

(4) For certainty, the authority under this section may be exercised in relation to circumstances described in section 80 [withdrawal, death or incapacity of candidate] of the Local Government Act or section 52 of the Vancouver Charter, but is additional to the authority under those sections, section 155 [minister orders in special circumstances] of the Local Government Act or section 127 of the Vancouver Charter.

  Section 100 (2) (c) and (d) BEFORE amended by 2016-9-37, effective May 19, 2016 (Royal Assent).

(c) in relation to elections prescribed under section 1 (1) (i) [other elections to which this Act applies], prescribing the office, jurisdiction, local authority, election area, jurisdiction area and applicable legislation in relation to a prescribed election;

(d) in relation to section 42 [application of third party advertising rules to non-election assent voting advertising], in addition to the authority under subsection (4) of this section, making any other regulations the Lieutenant Governor in Council considers necessary or advisable in relation to the application of Part 3 [Third Party Election Advertising] and the regulations under that Part to non-election assent voting advertising;

  Section 100 (2) (e.1) was added by 2016-9-37, effective May 19, 2016 (Royal Assent).

  Section 100 (5) (a) BEFORE amended by 2017-21-27, effective October 31, 2017 [retro from November 30, 2017 (Royal Assent)].

(a) establish different classes of jurisdictions, election areas, elected offices, elections, assent voting, candidates, organizations, sponsors, circumstances, things or other matters, and

  Section 100.01 was enacted by 2017-21-28, effective October 31, 2017 [retro from November 30, 2017 (Royal Assent)].

  Section 100.02 was enacted by 2021-5-66, effective March 25, 2021 (Royal Assent).

  Section 100.1 was enacted by 2016-9-38, effective May 19, 2016 (Royal Assent).

  Section 100.2 was enacted by 2016-9-38, effective May 19, 2016 (Royal Assent).

  Schedule, Section 1 definition of "declared" BEFORE amended by RS2015-1-RevSch, effective January 1, 2016 [coming into force of RS2015-1].

"declared", in relation to a candidate, means declared as a candidate under section 74 [declaration of candidates] of the Local Government Act or section 46 of the Vancouver Charter;

  Schedule, Section 1 definitions of "election proceedings period", "election proceedings period expense" and "jurisdiction area" BEFORE repealed by 2016-9-39(g) and (j), effective May 19, 2016 (Royal Assent).

"election proceedings period" means the period applicable in relation to an election under section 10 (2) [what is an election proceedings period];

"election proceedings period expense" means an election proceedings period expense within the meaning of section 15 [what are election proceedings period expenses];

"jurisdiction area" means the municipality, regional district, trust area, school district or equivalent geographic area for a jurisdiction;

  Schedule, Section 1 definitions of "campaign period", "court order for relief", "personal election expenses" and "shared election expense" BEFORE amended by 2016-9-39(c), (e) and (k), effective May 19, 2016 (Royal Assent).

"campaign period" means the period applicable in relation to an election under section 10 (1) [what is an election proceedings period];

"court order for relief" means a court order under Division 2 [Court Orders for Relief in Relation to Disclosure Requirements] of Part 6;

"personal election expenses" means personal expenses in relation to a candidate within the meaning of section 15 (3) [exclusions from election proceedings period expenses];

"shared election expense" means

(a) election advertising sponsored by 2 or more candidates acting in combination, such that a portion of the total value of the election advertising is an election expense of each candidate participating in the sponsorship, or

(b) the use of property or services other than election advertising by 2 or more candidates, acting in combination, such that a portion of the total value of the property or services is an election expense of each candidate participating in that use;

  Schedule, Section 1 definitions of "amount available", "campaign financing arrangement", "campaign period expense", "cumulative third party advertising limit", "election area", "election period", "election period expense", "endorsed", "expense limit", "final campaign financing arrangement", "incurring a campaign period expense", "incurring an election period expense", "shared third party advertising", "third party advertising limit" and "unendorsed candidate" were added by 2016-9-39(a), (b), (d), (f), (i) and (l), effective May 19, 2016 (Royal Assent).

  Schedule, Section 1 was renumbered as section 1 (1) by 2017-21-29(a), effective October 31, 2017 [retro from November 30, 2017 (Royal Assent)].

  Schedule, Section 1 (1) definition of "applicable campaign contribution limit" was added by 2017-21-29(b), effective October 31, 2017 [retro from November 30, 2017 (Royal Assent)].

  Schedule, Section 1 (1) definition of "campaign contribution" BEFORE amended by 2017-21-29(c), effective October 31, 2017 [retro from November 30, 2017 (Royal Assent)].

"campaign contribution" means a campaign contribution within the meaning of section 13 [campaign contributions to candidate or elector organization];

  Schedule, Section 1 (1) definition of "contributor class" BEFORE repealed by 2017-21-29(d), effective October 31, 2017 [retro from November 30, 2017 (Royal Assent)].

"contributor class", in relation to a campaign contribution provided to a candidate or elector organization or in relation to a sponsorship contribution provided to a third party sponsor or assent voting advertising sponsor, means the class of contributor as described in the following classes:

(a) individuals;

(b) corporations;

(c) unincorporated organizations engaged in business or commercial activity;

(d) trade unions;

(e) non-profit organizations;

(f) other identifiable contributors;

(g) any other contributor class established by regulation;

  Schedule, Section 1 (1) definitions of "eligible individual", "fundraising function", "loan" and "permissible loan" were added by 2017-21-29(e), effective October 31, 2017 [retro from November 30, 2017 (Royal Assent)].

  Schedule, Section 1 (1) definitions of "significant contributor", "sponsorship contribution" and "sponsorship use" BEFORE amended by 2017-21-29(f), (g) and (h), effective October 31, 2017 [retro from November 30, 2017 (Royal Assent)].

"significant contributor" means,

(a) in relation to campaign contributions, an individual or organization that

(i) makes a campaign contribution having a value of $100 or more, or

(ii) makes multiple campaign contributions to the same candidate or elector organization such that the total value of the campaign contributions to that candidate or elector organization is $100 or more, and

(b) in relation to sponsorship contributions, an individual or organization that

(i) makes a sponsorship contribution having a value of $100 or more, or

(ii) makes multiple sponsorship contributions to the same individual or organization such that the total value of the sponsorship contributions to that individual or organization is $100 or more;

"sponsorship contribution" means a sponsorship contribution within the meaning of section 32 [what are sponsorship contributions] to a third party sponsor or assent voting advertising sponsor;

"sponsorship use" means,

(a) in relation to a contribution to an individual or organization that is or becomes a third party sponsor, use in relation to sponsorship of third party advertising by the individual or organization, and

(b) in relation to a contribution to an individual or organization that is or becomes an assent voting advertising sponsor, use in relation to sponsorship of non-election assent voting advertising by the individual or organization;

  Schedule, Section 1 (2) was added by 2017-21-29(i), effective October 31, 2017 [retro from November 30, 2017 (Royal Assent)].

  Schedule, Section 1 (1) definition of "court order for relief", paragraph (d), was added by 2021-5-68, effective March 4, 2021 (day after First Reading) [retro from March 25, 2021 (Royal Assent)].

  Schedule, Section 1 (1) definition of "court order for relief" (part) BEFORE amended by 2021-5-69(a)(i), effective March 25, 2021 (Royal Assent).

"court order for relief" means a court order under the following Divisions of Part 6 [Penalties and Court Orders for Relief], as applicable:

  Schedule, Section 1 (1) definition of "court order for relief", paragraph (e), was added by 2021-5-69(a)(ii), effective March 25, 2021 (Royal Assent).

  Schedule, Section 1 (1) definition of "shared third party advertising" BEFORE amended by 2021-5-69(b), effective March 25, 2021 (Royal Assent).

"shared third party advertising" means third party advertising sponsored jointly by 2 or more third party sponsors, such that a portion of the total value of the third party advertising attributed to each third party advertising sponsor under section 33 (6) [valuation rules for third party advertising] is third party advertising of each of the third party sponsors participating in the third party advertising;

  Schedule, Section 1 (1) definition of "annual financial report" was added by 2021-5-67(a), effective December 1, 2021 (BC Reg 281/2021).

  Schedule, Section 1 (1) definition of "compliance deadline" BEFORE amended by 2021-5-67(b), effective December 1, 2021 (BC Reg 281/2021).

"compliance deadline" means the applicable compliance deadline under section 47 (4) [compliance deadline for filing disclosure statements] or 54 (6) [compliance deadline for filing supplementary report];

  Schedule, Section 1 (1) definition of "court order for relief" BEFORE amended by 2021-5-67(c), effective December 1, 2021 (BC Reg 281/2021).

"court order for relief" means a court order under section 76.2 [court relief powers in relation to requirement to provide information] and the following Divisions of Part 6, as applicable:

(a) Division 2 [Court Orders for Relief in Relation to Disclosure Requirements];

(b) Division 4 [Court Orders for Relief in Relation to Exceeding Expense Limits or Amount Available];

(c) Division 5 [Third Party Advertising Limits — Penalties and Court Orders for Relief];

(d) Division 5.2 [Sponsorship Contributions — Penalties and Court Orders for Relief];

(e) Division 5.3 [Third Party Sponsors — Penalties and Court Orders for Relief];

  Schedule, Section 1 (1) definition of "disclosure requirements" BEFORE amended by 2021-5-70(a), effective December 1, 2021 (BC Reg 281/2021).

"disclosure requirements" means the applicable requirements and obligations under Division 2 [Disclosure Requirements for Candidates, Elector Organizations and Advertising Sponsors] of Part 5 in relation to a disclosure statement or supplementary report;

  Schedule, Section 1 (1) definition of "established elector organization" BEFORE repealed by 2021-5-70(b), effective December 1, 2021 (BC Reg 281/2021).

"established elector organization" means an elector organization that has a continuing purpose related to the election of candidates endorsed by the organization;

  Schedule, Section 1 (1) definition of "final campaign financing arrangement" BEFORE amended by 2021-5-70(c), effective December 1, 2021 (BC Reg 281/2021).

"final campaign financing arrangement" means a campaign financing arrangement as it reads on general voting day;

  Schedule, Section 1 (1) definition of "late filing deadline" BEFORE amended by 2021-5-70(d), effective December 1, 2021 (BC Reg 281/2021).

"late filing deadline" means the late filing deadline as established under section 47 (2) [filing up to 120 days after general voting day on payment of penalty fee];

  Schedule, Section 1 (1) definition of "late filing penalty fee" BEFORE amended by 2021-5-70(e), effective December 1, 2021 (BC Reg 281/2021).

"late filing penalty fee" means the applicable penalty fee under section 47 (2);

  Schedule, Section 1 (1) definition of "permissible loan" (part) BEFORE amended by 2021-5-70(f), effective December 1, 2021 (BC Reg 281/2021).

"permissible loan" means a loan that is made to a candidate or elector organization for campaign use or to a third party sponsor or assent voting advertising sponsor for sponsorship use

  Schedule, Section 1 (1) definitions of "pre-campaign period" and "register of elector organizations" were added by 2021-5-70(g) and (h), effective December 1, 2021 (BC Reg 281/2021).