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"Point in Time" Regulation Content

Local Elections Campaign Financing Act

Local Elections Campaign Financing Expense Limit Regulation

B.C. Reg. 309/2016

NOTE: Links below go to regulation content as it was prior to the changes made on the effective date. (PIT covers changes made from September 19, 2009 to "current to" date of the regulation.)
SECTIONEFFECTIVE DATE
Section 1 October 31, 2017
Section 3 February 20, 2017
Section 4 October 31, 2017
Section 6 February 20, 2017
Section 9 February 20, 2017
Section 10 October 31, 2017
Section 10.1 October 31, 2017
April 27, 2018
Section 12 February 20, 2017
October 31, 2017
Section 13 February 20, 2017
October 31, 2017
Section 15 October 31, 2017
Section 16 October 31, 2017
Section 17 October 31, 2017
Section 18 October 31, 2017
Section 21 February 20, 2017
Section 22 October 31, 2017
Part 5 Division 2 Section 26 October 31, 2017
Section 29 February 20, 2017
Section 35 October 31, 2017
Section 35.1 October 31, 2017
Section 36 October 31, 2017
Section 37 October 31, 2017
Section 37.1 October 31, 2017
Section 39 October 31, 2017
Section 42 February 20, 2017
Section 43 February 20, 2017
April 27, 2018
Section 46 October 31, 2017
Section 46.1 October 31, 2017
Section 47 October 31, 2017
Section 48 October 31, 2017
Section 50 October 31, 2017
Section 54 October 31, 2017
Section 54.1 October 31, 2017
Section 60 October 31, 2017
Section 60.1 October 31, 2017
Part 5 Division 7 Section 62.1 October 31, 2017
Section 62.2 October 31, 2017
Section 62.3 November 27, 2018
Section 62.4 November 27, 2018
Section 68 February 20, 2017
Schedule Form 3 February 20, 2017

 Section 1 (1) definitions of "fundraising function" and "loan" BEFORE repealed by BC Reg 232/2017, effective October 31, 2017.

"fundraising function" includes a social function held by, or on behalf of, a candidate or elector organization for the purpose of obtaining funds for the candidate or elector organization;

"loan" includes an interest free loan;

 Section 3 (2), table, column 3 opposite Local Community Commissioner BEFORE amended by BC Reg 36/2017, effective February 20, 2017.

(a)Local Community CommissionerAdvisory CouncilThe Board

 Section 4 BEFORE repealed by BC Reg 232/2017, effective October 31, 2017.

Anonymous contributor class

4   For the purposes of paragraph (g) of the definition of "contributor class" in the Schedule to the Act, the class of anonymous contributors is established consisting of contributors that make

(a) an anonymous campaign contribution that has a value of $50 or less, or

(b) an anonymous sponsorship contribution that has a value of $50 or less.

 Section 6 (b) BEFORE repealed by BC Reg 36/2017, effective February 20, 2017.

(b) expenses for any communication that an elector organization transmits exclusively to its members;

 Section 9 (1) (b) BEFORE amended by BC Reg 36/2017, effective February 20, 2017.

(b) if no price is paid, or if the price paid is less than market value, the value of advertising space on the internet that is provided as a sponsorship contribution.

 Section 10 BEFORE repealed by BC Reg 232/2017, effective October 31, 2017.

Campaign contributions — loans and debts

10   For the purposes of section 13 (1) (i) [campaign contributions to candidate or elector organization] of the Act, provision of the following property or services is prescribed:

(a) if a loan provided to a candidate or elector organization for campaign use is made at a rate of interest that is less than the prime lending rate of the principal banker to the Province on the date the loan is received, the difference between the amount of interest that would be payable at that prime lending rate and the amount of interest charged for the loan;

(b) the amount of a loan provided to a candidate or elector organization for campaign use that remains unpaid if it remains unpaid for 6 months after it becomes due and no legal proceedings to recover the loan have been commenced by the creditor;

(c) the amount of a loan provided to a candidate or elector organization for campaign use if the amount of the loan is forgiven.

 Section 10.1 was enacted by BC Reg 232/2017, effective October 31, 2017.

 Section 10.1 BEFORE renumbered by BC Reg 89/2018, effective April 27, 2018.

Election expenses of candidates and elector organizations

10.1   As an exception to section 14 (5) (a) [exclusions from election expenses] of the Act, the value of the use of the following property is an election expense of a candidate or elector organization, as applicable, in relation to an election if that property was used in a previous election campaign of that candidate or elector organization:

(a) a sign, poster or banner;

(b) other promotional material.

[en. B.C. Reg. 232/2017, s. 3.]

 Section 10.1 (2) and (3) were added by BC Reg 89/2018, effective April 27, 2018.

 Section 12 (1) (b) BEFORE amended by BC Reg 36/2017, effective February 20, 2017.

(b) making a loan payment of a loan provided to a candidate for campaign use.

 Section 12 (1) and (2) BEFORE amended by BC Reg 232/2017, effective October 31, 2017.

(1) Subject to subsection (2) of this section, for the purposes of section 18 (5) (h) [requirement for candidate campaign account] of the Act, a campaign account may be used for the following:

(a) paying the total value or a portion of the total value of a shared election expense;

(b) paying a loan provided to a candidate for campaign use.

(2) A campaign account may be used for the payment described in subsection (1) (a) of this section only if the shared election expense is incurred with the consent of the financial agent of each participating candidate who must reimburse the financial agent of the participating candidate making that payment.

 Section 12 (3) (d) and (e) BEFORE amended by BC Reg 232/2017, effective October 31, 2017.

(d) a payment received from an individual as referred to in section 18 (c) (ii) of this regulation;

(e) a loan provided to the candidate for campaign use.

 Section 13 (2) (d) BEFORE amended by BC Reg 36/2017, effective February 20, 2017.

(d) a loan payment for a loan provided to the elector organization for campaign use.

 Section 13 (1) BEFORE repealed by BC Reg 232/2017, effective October 31, 2017.

(1) For the purposes of section 20 (5) (g) [requirement for elector organization campaign account] of the Act, a campaign account may be used for the payment of a loan provided to an elector organization for campaign use.

 Section 13 (2) (c) and (d) BEFORE amended by BC Reg 232/2017, effective October 31, 2017.

(c) a payment received from an individual as referred to in section 18 (c) (ii) of this regulation;

(d) a loan provided to the elector organization for campaign use.

 Section 15 BEFORE repealed by BC Reg 232/2017, effective October 31, 2017.

Information about lender that must be recorded

15   For the purposes of section 22 (2) (g) [recording requirements] of the Act, the financial agent of a candidate or elector organization must record the following in relation to a loan provided to the candidate or elector organization for campaign use, if the lender is an organization and

(a) has 2 or more directors, the full names and mailing addresses of at least 2 individuals who are directors of the organization,

(b) has only one director, the full names and mailing addresses of that individual and an individual who is a principal official of the organization,

(c) has no directors and only one principal official, the full names and mailing addresses of that individual and an individual who is a principal member of the organization,

(d) has no directors, the full names and mailing address of at least 2 individuals who are principal officials of the organization, or

(e) has no directors and no principal officials, the full names and mailing addresses of at least 2 individuals who are principal members of the organization.

 Section 16 BEFORE repealed by BC Reg 232/2017, effective October 31, 2017.

Candidate obligation if amount not returned

16   If section 23 (6) [campaign transfers between candidates and elector organizations] of the Act applies, as soon as practicable following the end of the time for receiving additional nominations under section 97 (2) [declaration of candidates] of the Local Government Act or section 46 (2) of the Vancouver Charter, the candidate must provide to the elector organization the information required to be provided under section 23 (6) of the Act.

 Section 17 BEFORE repealed by BC Reg 232/2017, effective October 31, 2017.

Campaign contribution information that must be recorded — candidate and elector organization

17   For the purposes of section 29 (1) (f) [campaign contribution information that must be recorded] of the Act, if the contributor is an organization, the following information must be recorded:

(a) if the organization has only one director, the full names and mailing addresses of that individual and an individual who is a principal official of the organization;

(b) if the organization has no directors and only one principal official, the full names and mailing addresses of that individual and an individual who is a principal member of the organization;

(c) if the organization has no directors and no principal officials, the full names and mailing addresses of at least 2 individuals who are principal members of the organization.

 Section 18 BEFORE repealed by BC Reg 232/2017, effective October 31, 2017.

Charges for fundraising functions as campaign contributions

18   If a charge per individual is made for a fundraising function, the following rules apply:

(a) the payment of such a charge by an organization is a campaign contribution of the amount paid;

(b) if the per individual charge is greater than $50, the payment of such a charge by an individual is a campaign contribution of the amount paid;

(c) if the per individual charge is $50 or less, and an individual pays for more than one such charge,

(i) the total payment by the individual of more than $250 in respect of the charges is a campaign contribution of the amount paid, and

(ii) the total payment by an individual of $250 or less in respect of the charges is not a campaign contribution.

 Section 21 (2) BEFORE amended by BC Reg 36/2017, effective February 20, 2017.

(2) Subject to subsection (3), if a single third party sponsor sponsors directed advertising 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 attribute the value of the directed advertising to the applicable third party advertising limit on a reasonable basis in proportion to the coverage of the candidate or elector organization in the directed advertising.

 Section 22 BEFORE repealed by BC Reg 232/2017, effective October 31, 2017.

Sponsorship contribution information that must be recorded — third party sponsor

22   For the purposes of section 36 (1) (f) [records of sponsorship contributions and sponsored advertising] of the Act, if the contributor is an organization, records of the following information must be maintained:

(a) if the organization has only one director, the full names and mailing addresses of that individual and an individual who is a principal official of the organization;

(b) if the organization has no directors and only one principal official, the full names and mailing addresses of that individual and an individual who is a principal member of the organization;

(c) if the organization has no directors and no principal officials, the full names and mailing addresses of at least 2 individuals who are principal members of the organization.

 Part 5, Division 2, section 26 BEFORE repealed by BC Reg 232/2017, effective October 31, 2017.

Division 2 — Disclosure Requirements for Candidates and Elector Organizations

Other provision of property or services

26   For the purposes of section 13 (6) (c) [property or services that are not campaign contributions but must be disclosed] of the Act, a loan provided to a candidate or elector organization for campaign use is prescribed.

 Section 29 (a), (b) and (c) BEFORE amended by BC Reg 36/2017, effective February 20, 2017.

(a) the total value of the election expenses;

(b) the total value of the election expenses in each class of election period expenses;

(c) if a total value of the election expenses is provided in respect of the class described in section 6 (h) [classes of election expenses], a description of the election period expenses.

 Section 35 (b), (c) and (e) BEFORE amended by BC Reg 232/2017, effective October 31, 2017.

(b) the total value of the campaign contributions in each contributor class, other than the anonymous contributor class;

(c) the total value of the campaign contributions in the anonymous contributor class and the total number of contributors that made those contributions;

(e) for each campaign contribution to which section 28 [dealing with prohibited campaign contributions] of the Act applies, the information referred to in section 29 (2) of the Act, other than the mailing address of an individual;

 Section 35 (g) and (h) were added by BC Reg 232/2017, effective October 31, 2017.

 Section 35.1 was enacted by BC Reg 232/2017, effective October 31, 2017.

 Section 36 (d) BEFORE repealed by BC Reg 232/2017, effective October 31, 2017.

(d) the total amount of transfers under section 18 (5) (c) of the Act;

 Section 36 (d.1) and (g.1) were added by BC Reg 232/2017, effective October 31, 2017.

 Section 36 (f) and (h) BEFORE amended by BC Reg 232/2017, effective October 31, 2017.

(f) the amount of each payment made from a campaign account for the purposes of obtaining funds for campaign use, other than obtaining funds by way of a loan;

(h) the amount and purpose of each deposit under section 18 (6) (b) of the Act, other than a loan.

 Section 37 (2) BEFORE repealed by BC Reg 232/2017, effective October 31, 2017.

(2) A candidate disclosure statement must include the following information respecting a loan provided to a candidate for campaign use:

(a) if the lender is an individual, the full name of the lender;

(b) if the lender is an organization, the name of the organization;

(c) the amount of the loan;

(d) the date the loan is received;

(e) the due date of the loan;

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

(g) the prime lending rate of the principal banker to the Province on the date the loan is received;

(h) any amount outstanding on the loan;

(i) whether the lender is

(i) an individual;

(ii) a corporation;

(iii) an unincorporated organization engaged in business or commercial activity;

(iv) a trade union;

(v) a non-profit organization;

(vi) another identifiable contributor.

 Section 37.1 was enacted by BC Reg 232/2017, effective October 31, 2017.

 Section 39 (c) BEFORE repealed by BC Reg 232/2017, effective October 31, 2017.

(c) the election area in relation to which the elector organization disclosure statement is being filed;

 Section 42 (a), (b), and (c) BEFORE amended by BC Reg 36/2017, effective February 20, 2017.

(a) the total value of the election expenses;

(b) the total value of the election expenses in each class of election period expenses;

(c) if a total value of the election expenses is provided in respect of the class described in section 6 (h) [classes of election expenses], a description of the election period expenses.

 Section 43 (c) BEFORE amended by BC Reg 36/2017, effective February 20, 2017.

(c) for each candidate endorsed by the elector organization, the total value of campaign period expenses attributable to each candidate's expense limit in each class of campaign period expenses;

 Section 43 BEFORE renumbered and amended by BC Reg 89/2018, effective April 27, 2018.

Information respecting elector organization campaign period expenses

43   An elector organization disclosure statement must include the following information respecting campaign period expenses of the elector organization:

(a) the total value of the campaign period expenses;

(b) for each candidate endorsed by the elector organization, the total value of the campaign period expenses attributable to each candidate's expense limit;

(c) for each candidate endorsed by the elector organization, the total value of campaign period expenses attributable to each candidate's expense limit in each class of election expenses;

(d) if a total value of the campaign period expenses attributable to a candidate's expense limit is provided in respect of the class described in section 6 (h) [classes of election expenses], a description of the campaign period expenses.

[am. B.C. Reg. 36/2017, s. 9.]

 Section 43 (2) was added by BC Reg 89/2018, effective April 27, 2018.

 Section 46 (b), (c) and (e) BEFORE amended by BC Reg 232/2017, effective October 31, 2017.

(b) the total value of the campaign contributions in each contributor class, other than the anonymous contributor class;

(c) the total value of the campaign contributions in the anonymous contributor class and the total number of contributors that made those contributions;

(e) for each campaign contribution to which section 28 [dealing with prohibited campaign contributions] of the Act applies, the information referred to in section 29 (2) of the Act, other than the mailing address of an individual;

 Section 46 (g) and (h) were added by BC Reg 232/2017, effective October 31, 2017.

 Section 46.1 was enacted by BC Reg 232/2017, effective October 31, 2017.

 Section 47 BEFORE repealed by BC Reg 232/2017, effective October 31, 2017.

Information respecting campaign contributions to individual who was never declared a candidate

47   If section 23 (6) [campaign transfers between candidates and elector organizations] of the Act applies, an elector organization disclosure statement must include the following information respecting campaign contributions made to each individual who was never declared a candidate:

(a) the total value of the campaign contributions;

(b) the total value of the campaign contributions in each contributor class, other than the anonymous contributor class;

(c) the total value of the campaign contributions in the anonymous contributor class and the total number of contributors that made those contributions;

(d) for each campaign contribution made by a significant contributor, the information referred to in section 29 (1) [campaign contribution information that must be recorded] of the Act;

(e) for each campaign contribution to which section 28 [dealing with prohibited campaign contributions] of the Act applies, the information referred to in section 29 (2) of the Act, other than the mailing address of an individual;

(f) for campaign contributions not referred to in paragraph (c), (d) or (e) of this section, the total value of the campaign contributions received and the total number of contributors that made those contributions.

 Section 48 (b), (c) and (f) BEFORE amended by BC Reg 232/2017, effective October 31, 2017.

(b) the amount and date of each payment for a loan provided to an elector organization for campaign use;

(c) the amount and purpose of each deposit under section 20 (6) (b) [requirement for elector organization campaign account] of the Act, other than a loan;

(f) the amount of each payment made from a campaign account for the purposes of obtaining funds for campaign use, other than obtaining funds by way of a loan;

 Section 48 (d) BEFORE repealed by BC Reg 232/2017, effective October 31, 2017.

(d) the total amount of transfers under section 20 (5) (b) of the Act;

 Section 48 (b.1) was added by BC Reg 232/2017, effective October 31, 2017.

 Section 50 BEFORE re-enacted by BC Reg 232/2017, effective October 31, 2017.

Information respecting loans

50   An elector organization disclosure statement must include the following information respecting each loan provided to the elector organization for campaign use:

(a) if the lender is an individual, the full name of the lender;

(b) if the lender is an organization, the name of the organization;

(c) the amount of the loan;

(d) the date the loan is received;

(e) the due date of the loan;

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

(g) the prime lending rate of the principal banker to the Province on the date the loan is received;

(h) any amount outstanding on the loan;

(i) whether the lender is

(i) an individual;

(ii) a corporation;

(iii) an unincorporated organization engaged in business or commercial activity;

(iv) a trade union;

(v) a non-profit organization;

(vi) another identifiable contributor.

 Section 54 (b), (c) and (e) BEFORE amended by BC Reg 232/2017, effective October 31, 2017.

(b) the total value of the sponsorship contributions in each contributor class, other than the anonymous contributor class;

(c) the total value of the sponsorship contributions in the anonymous contributor class and the total number of contributors that made those contributions;

(e) for each sponsorship contribution to which section 35 [dealing with prohibited sponsorship contributions] of the Act applies, the information referred to in section 36 (2) of the Act, other than the mailing address of an individual;

 Section 54.1 was enacted by BC Reg 232/2017, effective October 31, 2017.

 Section 60 (b), (c) and (e) BEFORE amended by BC Reg 232/2017, effective October 31, 2017.

(b) the total value of the sponsorship contributions in each contributor class, other than the anonymous contributor class;

(c) the total value of the sponsorship contributions in the anonymous contributor class and the total number of contributors that made those contributions;

(e) for each sponsorship contribution to which section 35 [dealing with prohibited sponsorship contributions] of the Act applies, the information referred to in section 36 (2) of the Act, other than the mailing address of an individual;

 Section 60.1 was enacted by BC Reg 232/2017, effective October 31, 2017.

 Part 5, Division 7, section 62.1 was enacted by BC Reg 232/2017, effective October 31, 2017.

 Section 62.2 was enacted by BC Reg 232/2017, effective October 31, 2017.

 Section 62.3 was enacted by BC Reg 243/2018, effective November 27, 2018.

 Section 62.4 was enacted by BC Reg 243/2018, effective November 27, 2018.

 Section 68 (2) (d) (i) and (ii) BEFORE amended by BC Reg 36/2017, effective February 20, 2017.

(i) acknowledge, in writing, receipt of the copy of the notification of termination and sign and date the acknowledgement, and

(ii) deliver a copy of the written acknowledgement to the address for service of the financial agent of the elector organization;

 Schedule, Form 3 BEFORE re-enacted by BC Reg 36/2017, effective February 20, 2017.