Table of Contents - Recall and Initiative Act

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This Act is current to September 10, 2024
See the Tables of Legislative Changes for this Act’s legislative history, including any changes not in force.

Recall and Initiative Act

[RSBC 1996] CHAPTER 398

Contents
Part 1 — Introductory Provisions
	1	Definitions
Part 2 — Legislative Initiatives
	Division 1 — Initiative Petition
	2	Subject matter of legislative proposals
	3	Application for initiative petition
	4	Issue of initiative petition
	5	Who may sign an initiative petition
	6	Who may canvass for signatures
	7	Requirements for initiative petition
	7.01	Continuation of petition if an electoral district is disestablished or changed
	7.1	Renumbered
	8	Time limit for determination
	Division 2 — Select Standing Committee
	9	Select standing committee
	10	Referral of initiative to select standing committee
	11	Duty of select standing committee
	12	Effect of report by select standing committee
	Division 3 — Initiative Vote
	13	Initiative vote
	14	Initiative voting day every 3 years
	15	Determination of successful initiative vote
	16	Effect of successful initiative vote
	Division 4 — Effect of General Election
	17	Suspension of petition process during general election
	18	General election after petition sent to select standing committee
Part 3 — Recall
	Division 1 — Recall Petition
	19	Application for recall petition
	20	Issue of recall petition
	20.01	No more than one current recall petition respecting Member
	21	Who may sign a recall petition
	22	Who may canvass for signatures
	23	Requirements for recall petition
	24	Time limit for determination
	24.01	Report of unsuccessful recall petition
	25	Result of successful recall petition
	Division 2 — By-election
	26	Election
	27	Prohibition on multiple elections with respect to the same electoral district
	28	Application of Election Act
Part 4 — Initiative Petition Financing
	Division 1 — Authorized Participants and Financial Agents
	29	Authorized participants must have financial agent
	30	Financial agent for proponent
	31	Application to become an opponent of an initiative petition
	32	Financial agents for opponents
	33	Notice to opponent groups
	34	General obligations of financial agent
	35	Assistant financial agent
	Division 2 — Initiative Petition Contributions and Expenses
	36	Initiative petition contributions generally
	37	Initiative petition contributions through loans and debts
	38	Initiative petition contributions through fundraising functions
	39	Initiative petition expenses
	40	General valuation rules
	Division 3 — Making and Accepting Initiative Petition Contributions
	41	Restrictions on making initiative petition contributions
	42	Restrictions on accepting initiative petition contributions
	43	Limits on anonymous contributions
	44	Prohibited contributions must be returned
	45	Financial agent must record each initiative petition contribution
	Division 4 — Initiative Petition Expenses
	46	Restrictions on who may incur initiative petition expenses
	47	Initiative petition expenses in excess of limit prohibited
	48	Initiative petition expenses limit
	Division 5 — Reporting
	49	Reporting of information regarding initiative petition contributions
	50	Initiative petition financing report
	51	Publication of financing summary
	Division 6 — Penalties for Failure to Comply
	52	Publication of failure to comply
	53	Effect of incurring expenses over limit
	54	Court order for relief from expenses limit
	55	Late filing of required reports
	56	Failure to file initiative petition financing report
	57	Court order for relief from filing obligations
	58	False or misleading reports relating to an initiative petition
Part 5 — Initiative Vote Financing
	Division 1 — Authorized Participants and Financial Agents
	59	Authorized participants must have financial agent
	60	Notice to proponent and opponents for initiative petition
	61	Financial agent for petition proponent
	62	Financial agents for other proponents
	63	Financial agents for opponents
	64	Obligations and authority of financial agents and assistant financial agents
	Division 2 — Initiative Vote Contributions and Expenses
	65	Initiative vote contributions
	66	Initiative vote expenses
	67	General valuation rules
	Division 3 — Making and Accepting Initiative Vote Contributions
	68	Restrictions on making and accepting initiative vote contributions
	69	Limits on anonymous contributions
	70	Prohibited contributions must be returned
	71	Financial agent must record each initiative vote contribution
	Division 4 — Initiative Vote Expenses
	72	Restrictions on who may incur initiative vote expenses
	73	Initiative vote expenses in excess of limit prohibited
	74	Initiative vote expenses limit
	Division 5 — Reporting
	75	Reporting of information regarding initiative vote contributions
	76	Initiative vote financing report
	77	Publication of financing summary
	Division 6 — Penalties for Failure to Comply
	78	Publication of failure to comply
	79	Effect of incurring expenses over limit
	80	Court order for relief from expenses limit
	81	Late filing of required reports
	82	Failure to file initiative vote financing report
	83	Court order for relief from filing obligations
	84	False or misleading reports relating to an initiative vote
Part 6 — Initiative Communications
	Division 1 — General
	85	Initiative advertising and opinion surveys
	86	Sponsorship of initiative advertising
	87	No indirect sponsorship of initiative advertising
	88	Initiative advertising must identify sponsor
	89	Restriction on rates charged for initiative advertising
	90	Prohibition against certain initiative advertising on general voting day
	91	Restrictions on initiative campaigning near voting places
	92	Requirements for publication of initiative opinion surveys
	Division 2 — Initiative Advertising Limits
	93	Advertising limits
	94	Penalties for exceeding initiative advertising limit
	95	Court order for relief from advertising limit
	Division 3 — Registration of Sponsors
	96	Initiative advertising sponsors must be registered
	97	Registration with chief electoral officer
	98	Obligations of registered sponsor
	99	Limit on registration
	Division 4 — Disclosure of Independent Initiative Advertising
	100	Independent sponsors must file disclosure reports
	101	Contents of disclosure report
	102	Late filing of reports
	103	Failure to file reports
	104	Court order for relief from filing obligations
	105	Obligation to maintain records
	106	Publication of initiative advertising summary
Part 7 — Recall Petition Financing
	Division 1 — Financial Agent
	107	Authorized participants and their financial agents
	108	Appointment of financial agent
	109	General obligations of financial agent
	110	Assistant financial agent
	Division 2 — Recall Contributions and Expenses
	111	Recall contributions generally
	112	Loans and guarantees to authorized participant
	112.01	Debts owed by authorized participant
	113	Recall contributions through fundraising functions
	114	Recall expenses
	115	General valuation rules
	Division 2.1 — Specified Fundraising Functions
	115.01	Specified fundraising function using private residence property
	115.02	Information respecting specified fundraising function
	Division 3 — Making and Accepting Recall Contributions
	116	Restrictions on making recall contributions
	116.01	Sponsorship contributions that become recall contributions
	116.02	Confirmation and consent requirements for using recall contributions
	116.03	Contributor confirmation and consent in relation to recall contribution
	116.04	Recall contribution limits
	117	Restrictions on accepting recall contributions
	118	Limits on anonymous contributions
	119	Prohibited contributions must be returned
	120	Financial agent must record each recall contribution
	120.01	Amounts transferred for use by Member
	120.02	Return of unused recall contributions
	Division 4 — Recall Expenses
	121	Restrictions on who may incur recall expenses
	122	Recall expenses in excess of limit prohibited
	123	Recall expenses limit
	Division 5 — Reporting
	124	Reporting of information regarding recall contributions
	125	Recall financing report
	126	Publication of financing summary
	Division 6 — Penalties for Failure to Comply
	127	Publication of failure to comply
	128	Effect of incurring expenses over limit
	129	Court order for relief from expenses limit
	130	Late filing of required reports
	131	Failure to file recall financing report
	132	Court order for relief from filing obligations
	133	False or misleading reports relating to a recall petition
	133.01	Monetary penalties for making or accepting prohibited loan or guarantee
	133.02	Monetary penalties for accepting recall contributions from specified fundraising functions using private residence property
	133.03	Monetary penalties for failure to provide information respecting specified fundraising functions
	133.04	Monetary penalties respecting prohibited recall contributions
	133.05	Monetary penalties in relation to prohibited transfers
	133.06	Monetary penalties for exceeding recall contribution limits
	133.07	Monetary penalties respecting accepting recall contributions
	133.08	Monetary penalties respecting anonymous recall contributions
	133.09	Monetary penalties for failure to return recall contributions
	133.10	Court order for relief respecting recall contributions
	133.11	Publication of names
Part 8 — Recall Petition Communications
	Division 1 — General
	134	Repealed
	134.01	Contributions to recall advertising sponsors
	135	Sponsorship of recall advertising
	136	No indirect sponsorship of recall advertising
	137	Recall advertising must identify sponsor
	137.01	Identification of sponsor — activities
	137.02	Monetary penalties for failure to identify sponsor
	138	Restriction on rates charged for recall advertising
	139	Repealed
	Division 2
	140-142	Repealed
	Division 3 — Registration of Recall Advertising Sponsors
	143	Recall advertising sponsors must be registered
	143.01	Independence from authorized participants
	144	Registration with chief electoral officer
	145	Obligations of recall advertising sponsor
	146	Limit on registration
	146.01	Voluntary deregistration
	146.02	Deregistration on becoming authorized participant
	146.03	Reregistration
	Division 3.1 — Sponsorship Contributions
	146.04	Sponsorship contributions
	146.05	Loans and guarantees to recall advertising sponsors
	146.06	Debts
	146.07	Sponsorship contributions through fundraising functions
	146.08	Making and using sponsorship contributions
	146.09	Contributor confirmation and consent in relation to sponsorship contributions
	146.10	Sponsorship contribution limits
	146.11	Restrictions on sponsorship contributions
	146.12	Limits on anonymous sponsorship contributions
	146.13	Prohibited sponsorship contributions must be returned
	146.14	Sponsorship contributions over specified amount
	Division 3.2 — Recall Advertising Limits
	146.15	Petition period recall advertising limits
	146.16	Penalties for exceeding advertising limit
	146.17	Court order for relief from advertising limit
	Division 4 — Reporting by Recall Advertising Sponsors
	146.18	Disclosure report within 14 days — non-petition period recall advertising
	146.19	Disclosure report within 28 days — non-petition period recall advertising
	146.20	Contents of 28-day disclosure report — non-petition period recall advertising
	147	Disclosure report within 28 days — petition period recall advertising
	148	Contents of 28-day disclosure report — petition period recall advertising
	148.01	Disclosure report after calendar year
	148.02	Contents of disclosure report after calendar year
	149	Late filing of reports
	150	Failure to file reports
	151	Court order for relief from filing obligations
	152	Obligation to maintain records
	153	Publication of recall advertising disclosure report
	Division 5 — Monetary Penalties for Recall Advertising Sponsors
	153.01	Monetary penalties for failing to register
	153.02	Monetary penalties respecting making and using sponsorship contributions
	153.03	Monetary penalties respecting contributor confirmation and consent
	153.04	Monetary penalties respecting sponsorship contribution limits
	153.05	Monetary penalties respecting sponsorship contributions
	153.06	Monetary penalties respecting anonymous sponsorship contributions
	153.07	Monetary penalties respecting return of sponsorship contributions
	153.08	Monetary penalties respecting sponsorship contributions over specific amount
	153.09	Court order for relief respecting recall advertising sponsor registration and sponsorship contributions
	153.10	Publication of names
Part 9 — Offences
	154	Prosecution of organizations and their directors and agents
	155	Defence of due diligence
	156	Signature and vote buying offences
	157	Intimidation offences
	158	Wrongful signing and voting
	159	Offences in relation to canvassing for signatures
	160	Offences in relation to financing
	161	Offences in relation to initiative or recall advertising and promotion
	162	Offences in relation to false or misleading information
	163	Offence in relation to use of information
	164	Penalties under this Part are in addition to any others
	165	Limitation
Part 10 — General
	166	Delivery of notices
	166.01	Publication of adjusted amounts
	167	Filing documents with chief electoral officer
	168	Access to and use of information in records
	169	Enforcement of Act by chief electoral officer
	170	Emergencies and other extraordinary circumstances
	171	General regulations
	172	Additional powers of the chief electoral officer
	173	Appropriation