Definitions

1   (1) In this Act:

"advertising limit" means a limit under section 93 (2);

"assistant financial agent", in relation to an authorized participant, means an individual authorized under section 110 (1) by the financial agent for the authorized participant;

"authorized participant" means,

(a) in relation to an initiative petition, an authorized participant within the meaning of section 29,

(b) in relation to an initiative vote, an authorized participant within the meaning of section 59, and

(c) in relation to a recall petition, an authorized participant within the meaning of section 107;

"conduct" includes, in relation to initiative advertising and recall advertising, publish;

"contribution", in relation to initiative advertising, means a contribution of money provided to a sponsor of such advertising, whether given before or after the individual or organization acts as a sponsor;

"eligible individual" means an individual who is, or was immediately before the date of the individual's death,

(a) a resident of British Columbia, and

(b) a Canadian citizen or a permanent resident as defined in the Immigration and Refugee Protection Act (Canada);

"expenses limit" means,

(a) in relation to an initiative petition, the applicable limit established under section 48 for initiative petition expenses,

(b) in relation to an initiative vote, the applicable limit established under section 74 for initiative vote expenses, and

(c) in relation to a recall petition, the applicable limit established under section 123 for recall expenses;

"financial agent" means,

(a) in relation to an initiative petition, a financial agent under section 30 or 32,

(b) in relation to an initiative vote, a financial agent under section 61, 62 or 63, and

(c) in relation to a recall petition, a financial agent under section 108;

"incur" means, in relation to an initiative petition expense, an initiative vote expense or a recall expense, using property or services in a manner that the value of the property or services is such an expense;

"initiative advertising" means initiative advertising within the meaning of section 85;

"initiative opinion survey" means an initiative opinion survey within the meaning of section 85;

"initiative petition" means a petition to have a proposed law introduced into the Legislative Assembly;

"initiative petition contribution" means an initiative petition contribution within the meaning of Part 4;

"initiative petition expense" means an initiative petition expense within the meaning of Part 4;

"initiative petition period" means the period starting on the day on which an initiative petition application is approved in principle by the chief electoral officer and ending

(a) on the last day under section 4 (4) or 17 (4), as applicable, for signing the petition, or

(b) if this is earlier, on the day on which the petition is submitted to the chief electoral officer in accordance with section 7;

"initiative vote" means an initiative vote under section 13;

"initiative vote contribution" means an initiative vote contribution within the meaning of Part 5;

"initiative vote expense" means an initiative vote expense within the meaning of Part 5;

"initiative vote period" means the period starting 60 days before general voting day for an initiative vote and ending at the close of general voting for the initiative vote;

"Member" means a member of the Legislative Assembly;

"non-petition period recall advertising" means the transmission to the public by any means, outside of a recall petition period, of an advertising message that directly promotes or opposes the recall of a Member, but does not include

(a) the publication without charge of news, an editorial, an interview, a column, a letter, a debate, a speech or a commentary in a bona fide periodical publication or a radio or television program,

(b) the distribution of a book, or the promotion of the sale of a book, for no less than its commercial value, if the book was planned to be made available to the public regardless of whether there was to be a recall,

(c) the transmission of a document directly by a person or a group to their members, employees or shareholders, or

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

"opponent" means,

(a) in relation to an initiative petition, an opponent of the petition within the meaning of section 29 (1) (b), or

(b) in relation to an initiative vote, an opponent of the vote within the meaning of section 59 (1) (b),

and, in relation to Parts 4, 5 and 6, includes an individual or organization who intends to become an opponent or who was an opponent;

"opponent group" means,

(a) in relation to an initiative petition, an opponent group for the petition within the meaning of section 33, or

(b) in relation to an initiative vote, an opponent group for the vote within the meaning of section 63 (2);

"permissible loan" means a loan to

(a) an authorized participant in relation to a recall petition, or

(b) a recall advertising sponsor for the purpose of sponsoring recall advertising

at a rate of interest that is not less than the prime rate of the principal banker to the government at the time the rate of interest for the loan is fixed;

"personal recall expenses" means personal recall expenses within the meaning of section 114;

"petition" means an initiative petition or a recall petition;

"petition period recall advertising" means the transmission to the public by any means, during the recall petition period in respect of a recall petition, of an advertising message that promotes or opposes, directly or indirectly, the recall of the Member who is the subject of the petition, but does not include

(a) the publication without charge of news, an editorial, an interview, a column, a letter, a debate, a speech or a commentary in a bona fide periodical publication or a radio or television program,

(b) the distribution of a book, or the promotion of the sale of a book, for no less than its commercial value, if the book was planned to be made available to the public regardless of whether there was to be a recall,

(c) the transmission of a document directly by a person or a group to their members, employees or shareholders, or

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

"proponent" means,

(a) in relation to an initiative petition, the registered voter who applied for the issuance of the petition,

(b) in relation to an initiative vote, a proponent within the meaning of section 59 (1) (a), and

(c) in relation to a recall petition, the registered voter who applied for the issuance of the petition,

and, in relation to Parts 4, 5, 6, 7 and 8, includes an individual who intends to become a proponent or who was a proponent;

"proponent group" means, in relation to an initiative vote, a proponent group for the vote within the meaning of section 62 (3);

"recall advertising" means the following:

(a) petition period recall advertising;

(b) non-petition period recall advertising;

"recall contribution" means a recall contribution within the meaning of Part 7;

"recall expense" means a recall expense within the meaning of Part 7;

"recall petition" means a petition issued by the chief electoral officer under this Act for the recall of a Member;

"recall petition period" means the period starting on the day on which the chief electoral officer publishes notice under section 20 (1) (b) of approval in principle of the recall petition and ending

(a) on the last day under section 20 (2) for signing the petition, or

(b) if this is earlier, on the day on which the petition is submitted to the chief electoral officer in accordance with section 23;

"registered sponsor" means a sponsor registered under Division 3 of Part 6 in relation to initiative advertising;

"registered voter" means a voter who is registered under the Election Act as a voter for an electoral district;

"select standing committee" means the select standing committee of the Legislative Assembly appointed under section 9;

"signature sheet" means a sheet for an initiative petition that is to be used for the signatures of registered voters for a specific electoral district;

"specified fundraising function" means a fundraising function that

(a) is attended by one or more of the following:

(i) a member of the Executive Council;

(ii) a parliamentary secretary;

(iii) a leader of a major political party, and

(b) is held for the purpose of raising funds to be used in relation to a recall petition by an authorized participant, whether or not there is certainty as to who will become the authorized participant for the recall petition;

"sponsorship contribution" means a sponsorship contribution within the meaning of sections 146.04 to 146.07;

"value", in relation to initiative advertising or recall advertising, means

(a) the price paid for preparing and conducting the advertising, or

(b) the market value of preparing and conducting the advertising, if no price is paid or if the price paid is lower than the market value.

(2) Subject to subsection (1), words and expressions used in this Act, except "independent", have the meanings given to them in the Election Act.

(3) For the purposes of the definition of "non-petition period recall advertising", an advertising message that directly promotes or opposes the recall of a Member is a message that

(a) names the Member, includes an image or likeness of the Member or identifies the Member by voice, physical description or electoral district,

(b) relates to the recall process under this Act, and

(c) includes anything else prescribed by regulation.

(4) Except in relation to sections 137, 138 and 161 (1) (b) and (c), the transmission of an advertising message, for the purposes of the definitions of "non-petition period recall advertising" and "petition period recall advertising", includes the following activities, if the activities are conducted on a commercial basis to attempt to influence voters in relation to the recall of a Member:

(a) canvassing voters, in person or by telephone;

(b) mailing material that contains advertising messages.

Subject matter of legislative proposals

2   A legislative proposal may be made with respect to any matter within the jurisdiction of the Legislature.

Application for initiative petition

3   (1) A registered voter may apply to the chief electoral officer for the issuance of a petition to have a legislative proposal introduced into the Legislative Assembly in accordance with this Act.

(2) The application for the issuance of an initiative petition must include the following:

(a) the name and residential address of the applicant;

(b) a copy of a draft Bill for introduction into the Legislative Assembly;

(c) a signed statement of the applicant that the applicant is not disqualified under this Act from making the application;

(d) any other information that may be prescribed.

(3) The application for the issuance of an initiative petition must be accompanied by a processing fee of $50.

(4) The draft Bill must comply with section 2 and be drafted in a clear and unambiguous manner.

(5) The initiative petition must not relate to a legislative proposal that is the same as or substantially similar to a legislative proposal that is the subject of another initiative petition if

(a) the initiative petition period for that other petition has not ended, or

(b) that other petition has been submitted to the chief electoral officer in accordance with section 7 but has not yet been dealt with under that section and, if applicable, under sections 10 and 11.

Issue of initiative petition

4   (1) If satisfied that the requirements of section 3 have been met, the chief electoral officer must

(a) notify the proponent that the application has been approved in principle,

(b) publish notice of the approval in principle in the Gazette and in at least one newspaper circulating in British Columbia, and

(c) issue the petition 60 days after the notice is published in the Gazette.

(2) Once an application has received approval in principle, the application and the draft Bill accompanying the application may be inspected at the office of the chief electoral officer during its regular office hours.

(3) An initiative petition must be in the form set out in the regulations and must have separate signature sheets for each electoral district.

(4) An initiative petition must be signed within 90 days from the date on which it is issued by the chief electoral officer, subject to an extension under section 17 (4).

Who may sign an initiative petition

5   (1) In order to sign an initiative petition, an individual

(a) must have been a registered voter on the date the petition was first issued, and

(b) on the date the individual signs a signature sheet for the petition, must be a registered voter for the electoral district for which the signature sheet was issued.

(2) An individual may sign any one initiative petition only once.

(3) An individual who signs an initiative petition must also indicate the individual's residential address on the petition.

Who may canvass for signatures

6   (1) A registered voter may canvass for signatures on an initiative petition if, before the date on which the voter begins canvassing,

(a) the voter has been resident in British Columbia for at least 6 months, and

(b) the voter has registered the voter's name and residential address with the chief electoral officer.

(2) A person must not, directly or indirectly, accept any inducement for canvassing for signatures on an initiative petition.

(3) A person must not, directly or indirectly, pay, give, lend or procure any inducement for a person who canvasses for signatures on an initiative petition.

Requirements for initiative petition

7   (1) An initiative petition must comply with the following requirements:

(a) the signature sheets must be submitted to the chief electoral officer by the end of the period under section 4 (4) or, if applicable, in accordance with section 17;

(b) for each electoral district in British Columbia, the signature sheets for the electoral district must be signed by at least 10% of the total number of registered voters entitled to sign those signature sheets.

(2) To be counted for the purpose of subsection (1) (b), a signature on the petition must be accompanied by the residential address of the individual who signed and must be witnessed by the individual who canvassed the signature.

(3) For the purpose of subsection (1) (b), the total number of registered voters must be calculated as of the date on which the initiative petition was first issued.

Continuation of petition if an electoral district is disestablished or changed

7.01   If an electoral district is disestablished or changed between the time an initiative petition is issued and the time it is to be submitted to the chief electoral officer, the references in this Part to an electoral district are deemed to be a reference to the electoral district as it was at the time the petition was issued.

Renumbered

7.1   [Renumbered as 7.01 by 2018-41-2.]

Time limit for determination

8   Within 42 days from the day on which the petition is submitted to the chief electoral officer, the chief electoral officer must determine whether the petition meets the requirements of section 7.

Select standing committee

9   (1) At the start of the first session of each Parliament, the committee of selection appointed under the Standing Orders of the Legislative Assembly must appoint a select standing committee on Legislative Initiatives for the purpose of this Act.

(2) The select standing committee remains in existence until the dissolution of the Parliament for which the members of the committee are appointed.

(3) The select standing committee may meet and conduct its business regardless of whether or not the Legislative Assembly is in session.

Referral of initiative to select standing committee

10   If the chief electoral officer determines in accordance with the regulations that

(a) the initiative petition meets the requirements of section 7, and

(b) the proponent has complied with Part 4,

the chief electoral officer must send a copy of the petition and draft Bill to the select standing committee.

Duty of select standing committee

11   (1) The select standing committee must, within 30 days of receiving a copy of the initiative petition and draft Bill under section 10, meet to consider the initiative petition and draft Bill.

(2) The select standing committee must, within 90 days of the date of its first meeting,

(a) table a report recommending that the draft Bill be introduced at the earliest practicable opportunity, or

(b) refer the initiative petition and draft Bill to the chief electoral officer.

Effect of report by select standing committee

12   If the select standing committee tables a report recommending that the draft Bill be introduced at the earliest practicable opportunity into the Legislative Assembly, the government must

(a) introduce the Bill at the earliest practicable opportunity, or

(b) if the Bill is for the appropriation of any part of the consolidated revenue fund or of any tax or impost,

(i) request the Lieutenant Governor to recommend the Bill by a message in accordance with sections 46 and 47 of the Constitution Act to the Legislative Assembly, and

(ii) introduce the Bill at the earliest practicable opportunity.

Initiative vote

13   (1) If the select standing committee refers the initiative petition and draft Bill to the chief electoral officer, the chief electoral officer must hold an initiative vote under this Act.

(2) On the recommendation of the minister after consultation with the chief electoral officer, the Lieutenant Governor in Council may make regulations respecting the conducting of an initiative vote under this Act.

(3) Without limiting subsection (2), the regulations may

(a) specify what provisions of the Election Act apply, and

(b) adapt any of the provisions of the Election Act with changes that the regulations may provide.

Initiative voting day every 3 years

14   (1) If required, initiative votes must be held on September 28, 1996 and on the last Saturday of September every third year after that date.

(2) At least 90 days before general voting day for an initiative vote, the chief electoral officer must publish notice of the vote in the Gazette and in at least one newspaper circulating in British Columbia.

Determination of successful initiative vote

15   (1) Subject to Part 5, the chief electoral officer must declare an initiative vote to be successful if

(a) more than 50% of the total number of registered voters in British Columbia vote in favour of the initiative, and

(b) more than 50% of the total number of registered voters for each of at least 2/3 of the electoral districts in British Columbia vote in favour of the initiative.

(2) For the purpose of subsection (1), the total number of registered voters must be calculated as of the date of the vote.

Effect of successful initiative vote

16   If the chief electoral officer declares an initiative vote to be successful, the government must do one of the following:

(a) introduce the Bill at the earliest practicable opportunity;

(b) if the Bill is for the appropriation of any part of the consolidated revenue fund or of any tax or impost,

(i) request the Lieutenant Governor to recommend the Bill by a message in accordance with sections 46 and 47 of the Constitution Act to the Legislative Assembly, and

(ii) introduce the Bill at the earliest practicable opportunity.

Suspension of petition process during general election

17   (1) If a general election is called during the 90 day signing period under section 4 (4) for an initiative petition, after the election is called

(a) the period for signing the initiative petition is suspended,

(b) copies of the original signature sheets issued under section 4 may not be used for further signatures,

(c) any further signatures for the petition must be on a signature sheet issued under subsection (3) of this section, and

(d) signature sheets issued under this section must be signed before the end of the extended period for signing the petition under subsection (4) of this section.

(2) In order to have the initiative petition reissued, the proponent must, within 72 hours after the day on which the general election is called, submit to the chief electoral officer all signed copies of the signature sheets for the petition that were issued under section 4.

(3) As soon as practicable after reporting the results of the general election to the Clerk of the Legislative Assembly, the chief electoral officer must reissue the petition by issuing new signature sheets that are marked as being provided under this section.

(4) Despite any other provision of this Act, the extended period for signing referred to in subsection (1) (d) begins on the day when the signature sheets are issued under subsection (3) and ends the number of days later that is equal to the remaining number of days in the original signing period under section 4 (4).

(5) The signature sheets for the reissued petition must be submitted to the chief electoral officer before the end of the period under subsection (4).

(6) For an initiative petition to which this section applies, only those signature sheets submitted to the chief electoral officer in accordance with this section are to be considered for the purposes of section 7 (1) (b).

(7) If a general election is called between the time when a petition is submitted under section 7 and the determination under section 10, the time period under section 8 does not apply and the chief electoral officer must complete the required determinations as soon as possible after the return of the writs for the general election.

General election after petition sent to select standing committee

18   (1) If a general election is called after the initiative petition and draft Bill have been sent to the select standing committee but before it has reached its decision, the new select standing committee appointed after the election must meet within 30 days from the start of the first session of the Legislative Assembly following the election to consider the initiative petition and draft Bill.

(2) If a general election is called after the select standing committee has tabled a report under section 11 (2) (a) but before the Bill has been introduced into the Legislative Assembly, the government must

(a) introduce the Bill at the first session of the Legislative Assembly following the election, or

(b) if the Bill is for the appropriation of any part of the consolidated revenue fund or of any tax or impost,

(i) request the Lieutenant Governor to recommend the Bill by a message in accordance with sections 46 and 47 of the Constitution Act to the Legislative Assembly, and

(ii) introduce the Bill at the first session of the Legislative Assembly following the election.

Application for recall petition

19   (1) A registered voter for an electoral district may apply under subsection (2) for the issuance of a petition for the recall of the Member of the Legislative Assembly for that electoral district.

(2) The application for the issuance of a recall petition must be made to the chief electoral officer and contain the following:

(a) the name of the Member;

(b) the name and residential address of the applicant;

(c) a statement, not exceeding 200 words, setting out why, in the opinion of the applicant, the recall of the Member is warranted;

(d) a signed statement of the applicant that the applicant is not disqualified under this Act from making the application;

(e) any other information that may be prescribed.

(3) The application for the issuance of a recall petition must be accompanied by a processing fee of $50.

(4) No application for the issuance of a recall petition may be made

(a) during the 18 months following final voting day for the last election of the Member, or

(b) during the 6 months before the applicable final voting day under section 23 (2) of the Constitution Act for the next general election.

(5) The chief electoral officer must, as soon as practicable after receiving an application under this section for the issuance of a recall petition, publish notice of the application on an Elections BC authorized internet site.

Issue of recall petition

20   (1) If satisfied that the requirements of section 19 have been met, the chief electoral officer must

(a) notify the proponent, the Member in relation to whom the petition is to be issued and the Speaker that the application has been approved in principle,

(b) as soon as practicable after giving the notices under paragraph (a), publish notice of the approval in principle on an Elections BC authorized internet site, and

(c) as soon as practicable after publishing the notice under paragraph (b), issue the petition in the form set out in the regulations.

(2) A recall petition must be signed within 60 days from the date on which it is issued by the chief electoral officer.

(3) Once an application has received approval in principle, it may be inspected at the office of the chief electoral officer during its regular office hours.

No more than one current recall petition respecting Member

20.01   If the chief electoral officer issues a recall petition under section 20, the chief electoral officer must not issue any further recall petition in relation to the same Member until, as applicable,

(a) if the petition is not submitted in accordance with section 23 (1) (a), 60 days after the date on which the petition was issued under section 20, or

(b) the date on which the chief electoral officer concludes that a determination under section 25 cannot be made.

Who may sign a recall petition

21   (1) In order to sign a recall petition, an individual

(a) must have been a registered voter for the electoral district for which the Member was elected on final voting day for the last election of the Member, and

(b) on the date the individual signs the petition, must be a registered voter for an electoral district in British Columbia.

(2) An individual may sign any one recall petition only once.

(3) An individual who signs a recall petition must also indicate the individual's residential address on the petition.

Who may canvass for signatures

22   (1) A registered voter may canvass for signatures on a recall petition if, before the date on which the voter begins canvassing,

(a) the voter has been resident in British Columbia for at least 6 months, and

(b) the voter has registered the voter's name and residential address with the chief electoral officer.

(2) A person must not, directly or indirectly, accept any inducement for canvassing for signatures on a recall petition.

(3) A person must not, directly or indirectly, pay, give, lend or procure any inducement for a person who canvasses for signatures on a recall petition.

Requirements for recall petition

23   (1) A recall petition must comply with the following requirements:

(a) the petition must be submitted to the chief electoral officer within 60 days after the date on which the petition was issued under section 20;

(b) the petition must be signed by more than 40% of the total number of individuals who are entitled to sign the recall petition under section 21.

(2) To be counted for the purpose of subsection (1) (b), a signature on the petition must be accompanied by the residential address of the individual who signed and must be witnessed by the individual who canvassed the signature.

Time limit for determination

24   When a recall petition is submitted to the chief electoral officer, the chief electoral officer must determine within 42 days and in accordance with the regulations, if any, whether the petition meets the requirements of section 23.

Report of unsuccessful recall petition

24.01   If the chief electoral officer determines that

(a) the recall petition does not meet the requirements of section 23, or

(b) the proponent has not complied with Part 7,

the chief electoral officer must report this to the Member, the proponent and the Speaker of the Legislative Assembly as soon as possible after making the determination.

Result of successful recall petition

25   (1) If the chief electoral officer determines that

(a) the recall petition meets the requirements of section 23, and

(b) the proponent has complied with Part 7,

the Member ceases to hold office and the seat of the Member becomes vacant.

(2) The chief electoral officer must report to the Member and to the Speaker of the Legislative Assembly as soon as possible after making a determination under subsection (1).

Election

26   When a Member's office becomes vacant as the result of a recall petition, an election must be held to fill the vacancy in accordance with section 35 of the Constitution Act.

Prohibition on multiple elections with respect to the same electoral district

27   Only one election for any electoral district may be held under this Act during the period between general elections.

Application of Election Act

28   The Election Act applies to an election under this Act.

Authorized participants must have financial agent

29   (1) The authorized participants for an initiative petition are

(a) the proponent of the petition, and

(b) the opponents of the petition, being the individuals and organizations for whom a financial agent has been designated under section 32.

(2) An authorized participant may only accept initiative petition contributions and incur initiative petition expenses through the financial agent for the authorized participant.

(3) The following are disqualified from acting as financial agent:

(a) an election official, a voter registration official or an individual who is otherwise a member of the staff of the chief electoral officer;

(b) an individual who does not have full capacity to enter into contracts;

(c) an individual who is disqualified under section 53, 56, 79 or 82;

(d) an individual who, at any time within the previous 7 years, has been convicted of an offence under this Act or the Election Act.

Financial agent for proponent

30   (1) Within 60 days after the day on which notice of approval in principle for an application for an initiative petition is published in the Gazette, the proponent must deliver the following to the chief electoral officer:

(a) a statement as to whether or not the proponent is acting as the proponent's own financial agent;

(b) if the proponent is not acting as the proponent's own financial agent, a copy of the appointment and the consent and statement referred to in subsection (2) (b);

(c) an address to which notices under this Act may be delivered to the financial agent or the proponent, as referred to in section 166.

(2) The appointment of a financial agent for a proponent must be made in writing and must

(a) include the name, mailing address and telephone number of the individual appointed and the effective date of the appointment, and

(b) be accompanied by

(i) a signed consent of the individual appointed to act as financial agent, and

(ii) a signed statement of the individual appointed that the individual is not disqualified from acting as a financial agent.

(3) If there is any change in who is the financial agent for a proponent, the proponent must, as soon as possible, notify the chief electoral officer of this change and, for these purposes, must deliver notice in accordance with subsection (1) (a) to (c).

Application to become an opponent of an initiative petition

31   (1) An individual or organization who wishes to be an opponent of an initiative petition must apply to the chief electoral officer in accordance with this section within 30 days after the day on which notice of approval in principle for the petition is published in the Gazette.

(2) An application must include the name of an individual proposed as financial agent for the applicant, who

(a) may be the applicant, another applicant or someone who is not an applicant, and

(b) may be proposed as the financial agent for another applicant.

(3) In addition to the name of the individual proposed as financial agent for the applicant, an application must include the following:

(a) the full name of the applicant and, in the case of an applicant organization that has a different usual name, this usual name;

(b) the full address and telephone number of the applicant and, if this is different, the address to which notices under this Act and other communications may be delivered to the applicant, as referred to in section 166;

(c) in the case of an applicant organization, the names of the principal officers of the organization or, if there are no principal officers, of the principal members of the organization;

(d) a statement that the applicant opposes the initiative;

(e) a statement that the applicant is not disqualified from being an authorized participant.

(4) An application must be signed, as applicable, by the individual applicant or, in the case of an applicant organization, by 2 principal officers of the organization or, if there are no principal officers, by 2 principal members of the organization.

(5) The chief electoral officer may require applications to be in a specified form.

(6) An application is not complete unless the individual who is proposed as financial agent files the following with the chief electoral officer before the end of the application period under subsection (1):

(a) the individual's signed consent to act as financial agent if designated under section 32;

(b) the individual's name, mailing address and telephone number;

(c) an address to which, if the individual is designated, notices under this Act may be delivered to the financial agent or the opponents or opponent group for whom the individual is acting as financial agent, as referred to in section 166;

(d) a signed statement that the individual is not disqualified from acting as a financial agent.

Financial agents for opponents

32   (1) The chief electoral officer must designate financial agents for opponents in accordance with this section as soon as possible after the end of the application period under section 31 (1).

(2) If one individual is proposed under section 31 as financial agent by 50% or more of the total number of applicants under that section, the chief electoral officer must designate that individual as financial agent for the applicants by whom the individual was proposed.

(3) If 2 or more individuals proposed under section 31 as financial agent are each proposed by 20% or more of the total number of applicants under that section, the chief electoral officer must designate those individuals as financial agents for the applicants by whom they were proposed.

(4) If

(a) none of the individuals proposed under section 31 as financial agent are proposed by 20% or more of the total number of applicants under that section, or

(b) only one individual is proposed under section 31 as financial agent by 20% or more, but less than 50%, of the total number of applicants under that section,

the chief electoral officer must proceed in accordance with subsections (5) and (6).

(5) In the circumstances referred to in subsection (4), the chief electoral officer must notify the applicants of the following:

(a) the results of the process under this section up to this time;

(b) the names, addresses and telephone numbers of the other individuals and organizations that have applied to become opponents;

(c) the names, addresses and telephone numbers of the individuals who have been proposed as financial agent by the applicants.

(6) An applicant who is notified under subsection (5) may file a signed statement with the chief electoral officer indicating, for the purpose of subsection (8), the individual proposed by the applicant as financial agent, who may be

(a) the same individual that the applicant originally proposed under section 31 as financial agent, or

(b) an individual proposed under section 31 as financial agent by another applicant.

(7) A statement under subsection (6) must be filed with the chief electoral officer within 29 days after the end of the application period under section 31 (1) and must be signed, as applicable, by the individual applicant or by 2 principal officers of the applicant organization.

(8) After the 29 day period referred to in subsection (7),

(a) if one or more of the individuals proposed under section 31 is proposed as financial agent by 20% or more of the applicants, as indicated by the signed statements under subsection (6) of this section, the chief electoral officer must designate each of those individuals as financial agent for the applicants by whom they were proposed, and

(b) if none of the individuals proposed under section 31 are proposed as financial agent by 20% or more of the applicants, as indicated by the signed statements under subsection (6) of this section, no financial agent is to be designated under this section and no individual or organization may act as an opponent.

Notice to opponent groups

33   (1) The opponents for whom the same financial agent is designated are, together, an opponent group for the initiative petition.

(2) As soon as possible after financial agents are designated under section 32, the chief electoral officer must give notice of the following to the applicants for whom financial agents have been designated:

(a) that they are opponents for the initiative petition;

(b) the name, address and telephone number of the individual who has been designated as their financial agent;

(c) the other opponents who are part of their opponent group;

(d) the initiative petition expenses limit for their opponent group determined in accordance with section 48 (2).

(3) If applicable, the chief electoral officer must notify those applicants for whom no financial agent has been designated that they will not be and must not act as opponents of the initiative petition for the purposes of this Act.

(4) If an individual designated as a financial agent for an opponent group is unable to act as financial agent, the chief electoral officer may designate another individual as financial agent for the opponent group and, for this purpose, may establish a process for selecting that other individual.

General obligations of financial agent

34   (1) Without limiting the obligations of a financial agent of an authorized participant under any other provision of this Act, a financial agent must do the following:

(a) ensure that all initiative petition contributions, initiative petition expenses and other income and expenditures in relation to the initiative petition are properly recorded to allow compliance with the reporting requirements of this Act;

(b) ensure that all money received by or on behalf of the authorized participant in relation to an initiative petition is deposited in an account in a savings institution and that all expenditures of the authorized participant are paid from an account in a savings institution;

(c) ensure that all records required to be kept for the purposes of this Act by the authorized participant are maintained in British Columbia;

(d) ensure that all financial records and receipts of the authorized participant in relation to this Act are retained for at least 5 years from the date of filing of any report under this Act required in relation to them;

(e) make every reasonable effort to ensure that every expenditure greater than the applicable amount under section 177 (2) (e) of the Election Act that is incurred by the authorized participant in relation to the initiative petition is documented by a statement setting out the particulars of the expenditure.

(1.1) For the purposes of subsection (1) (b), a financial agent must ensure that a separate account is established for each authorized participant for whom the financial agent is acting.

(2) A financial agent is not personally liable for any liability of an authorized participant for whom the financial agent is acting unless the liability is personally guaranteed by the financial agent.

Assistant financial agent

35   (1) A financial agent may authorize one or more individuals to accept initiative petition contributions and incur initiative petition expenses on behalf of the financial agent.

(2) An individual who is authorized under subsection (1) to accept initiative petition contributions and incur initiative petition expenses has, for those purposes, all the powers, duties and protections of the financial agent.

(3) As soon as practicable after an authorization under subsection (1) is made, a copy of the authorization must be delivered to the chief electoral officer.

Initiative petition contributions generally

36   (1) Subject to this Part, an initiative petition contribution is an amount of money or the value of any property or services provided without compensation by way of donation, advance, deposit, discount or otherwise to an authorized participant in relation to an initiative petition.

(2) If property or services are provided to an authorized participant at less than market value or acquired from an authorized participant at greater than market value, the difference between the market value of the property or services at the time provided and the amount charged is an initiative petition contribution.

(3) The amount of any money, but not the value of any property or services, provided in relation to an initiative petition by an authorized participant who is an individual is an initiative petition contribution.

(4) The value of the following is not an initiative petition contribution:

(a) services provided by a volunteer;

(b) property of a volunteer if the property is provided or used in relation to the services of the individual as a volunteer;

(c) property or services provided by an election official, a voter registration official or any other member of the staff of the chief electoral officer in that official capacity;

(d) publishing, without charge, news, an editorial, an interview, a column, a letter or a commentary in a genuine periodical publication or a radio or television program;

(e) broadcasting time provided, without charge, as part of a genuine public affairs program;

(f) producing, promoting or distributing a publication for no less than its market value, if the publication was planned to be sold regardless of the petition.

Initiative petition contributions through loans and debts

37   (1) A loan to an authorized participant is not an initiative petition contribution unless it is forgiven or written off.

(2) If a loan to an authorized participant is made at a rate of interest that is less than the prime rate of the principal banker to the government at the time the rate of interest for the loan is set, the benefit of the difference between the amount of interest that would be payable at that prime rate and the amount of interest being charged for the loan is an initiative petition contribution.

(3) The amount of a debt owed by an authorized participant in relation to initiative petition expenses is an initiative petition contribution if it remains unpaid for 6 months after becoming due and no legal proceedings to recover the debt have been commenced by the creditor.

(4) For certainty, nothing in subsection (3) affects the rights of a creditor in relation to a debt that becomes an initiative petition contribution under that subsection.

Initiative petition contributions through fundraising functions

38   (1) Except as provided in this section or if received as anonymous contributions under section 41 (1) (f), funds raised by an initiative petition fundraising function held by or on behalf of an authorized participant are not initiative petition contributions.

(2) If a charge per individual is made for an initiative petition fundraising function, the following rules apply:

(a) the payment of the charge by an organization is an initiative petition contribution;

(b) if the per individual charge is greater than $50, or a higher amount established by regulation, the payment of the charge by an individual is an initiative petition contribution;

(c) if the per individual charge is the amount referred to in paragraph (b) or less,

(i) the payment by an individual of more than $250, or a higher amount established by regulation, in respect of one or more charges, is an initiative petition contribution, and

(ii) the payment by an individual of the amount referred to in subparagraph (i) or less, in respect of one or more charges, is not an initiative petition contribution.

(3) If the amount paid for property or services offered for sale at an initiative petition fundraising function is greater than their market value, the difference between the amount paid and the market value at the time it is agreed to be paid is an initiative petition contribution.

(4) The value of property or services, or both, donated by an organization or individual for sale at an initiative petition fundraising function is an initiative petition contribution unless the property or services or both, as applicable,

(a) are used for sale at the initiative petition fundraising function, and

(b) have a total value that is not greater than the applicable amount under section 182 (4) (b) of the Election Act.

Initiative petition expenses

39   (1) Subject to this Part, an initiative petition expense is the value of property or services used during an initiative petition period to promote or oppose, directly or indirectly, an initiative petition or draft Bill.

(2) A deficit incurred in holding an initiative petition fundraising function during an initiative petition period is an initiative petition expense.

(3) The value of the following is not an initiative petition expense:

(a) property and services referred to in section 36 (4);

(b) goods produced by an individual as a volunteer from the property of the individual;

(c) goods produced by an authorized participant who is an individual from the property of the authorized participant.

General valuation rules

40   (1) The rules in this section apply for the purpose of determining the value of an initiative petition contribution or initiative petition expense unless otherwise expressly provided in this Part.

(2) The value of any property or services is

(a) the price paid for the property or services, or

(b) the market value of the property or services, if no price is paid or if the price paid is lower than the market value.

(3) If the property is a capital asset, the value of the property is the market value of using the property.

(4) The value of free advertising space in a periodical publication and free broadcasting time provided to an authorized participant for an initiative petition is nil if the space or time is made available on an equitable basis to both the proponent and the opponent groups.

Restrictions on making initiative petition contributions

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

(a) make an initiative petition contribution to an authorized participant except by making it to the financial agent;

(b) make an initiative petition contribution without disclosing to the financial agent the information required to be recorded under section 45;

(c) make an initiative petition contribution of money in an amount greater than the applicable amount under section 186 (1) (c) of the Election Act, except by means of

(i) a cheque with the name of the contributor legibly shown on it and drawn on an account in the contributor's name maintained in a savings institution,

(ii) a money order with the name of the contributor legibly shown on it and signed by the contributor, or

(iii) a credit card in the name of the contributor, evidenced by an authorization for the payment with the name of the contributor legibly shown on it and signed by the contributor;

(d) make an initiative petition contribution with the money, other property or services of another;

(e) make an initiative petition contribution indirectly by giving money, other property or services to an individual or organization

(i) for that individual or organization to make as an initiative petition contribution, or

(ii) as consideration for that individual or organization making an initiative petition contribution;

(f) make an anonymous initiative petition contribution unless the contribution

(i) is provided in response to a general solicitation for funds at a function held on behalf of or in relation to the affairs of the authorized participant to whom the contribution is provided, and

(ii) has a value of less than the applicable amount under section 186 (1) (f) (ii) of the Election Act.

(2) As an exception to subsection (1) (d), an individual or organization may make an initiative petition contribution indirectly by providing compensation to an individual who provides services that are an initiative petition contribution, in which case the individual or organization providing the compensation is the contributor for the purposes of this Act.

Restrictions on accepting initiative petition contributions

42   (1) A financial agent must not accept an initiative petition contribution that the financial agent has reason to believe is made in contravention of this Act.

(2) If an individual authorized under section 35 becomes aware that an initiative petition contribution may have been made in contravention of this Act, the individual must immediately inform the financial agent.

Limits on anonymous contributions

43   (1) A financial agent must not accept, in relation to an initiative petition, more than 50% of the applicable amount under section 188 (1) of the Election Act in permitted anonymous contributions under section 41 (1) (f) of this Act.

(2) A financial agent must not accept an anonymous initiative petition contribution if this will exceed the limit under subsection (1).

Prohibited contributions must be returned

44   (1) If a financial agent becomes aware that an initiative petition contribution was made or accepted in contravention of this Act, the financial agent must return to the contributor

(a) the initiative petition contribution, or

(b) an amount equal to the value of the initiative petition contribution,

within 14 days after the financial agent becomes aware of the contravention.

(2) If a financial agent is not able to comply with subsection (1), as soon as practicable the financial agent must instead pay the amount referred to in that subsection to the chief electoral officer for payment to the consolidated revenue fund.

(3) If an account maintained by a financial agent for the proponent contains insufficient funds to make a payment required under subsection (1) or (2), the proponent is liable to provide the necessary funds to meet the deficiency.

(4) If an account maintained by a financial agent for an opponent group contains insufficient funds to make a payment required under subsection (1) or (2), the members of the opponent group are jointly and separately liable to provide the necessary funds to meet the deficiency.

Financial agent must record each initiative petition contribution

45   (1) For the purposes of complying with the reporting requirements of this Part, a financial agent must record the following for each initiative petition contribution made to the authorized participant:

(a) the value of the contribution;

(b) the date the contribution was made;

(c) the full name and address of the contributor;

(d) the class of the contributor as described in subsection (2);

(e) if the contributor is a numbered corporation or an unincorporated organization, the full names and addresses of at least 2 individuals

(i) who are directors of the organization, or

(ii) if there are no individual directors, who are principal officers or principal members of the organization.

(2) Contributors must be classified as follows:

(a) individuals;

(b) corporations;

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

(d) trade unions;

(e) non-profit organizations;

(f) other contributors.

(3) As an exception in the case of anonymous contributions permitted under section 41 (1) (f), the financial agent must record the following:

(a) a description of the function at which the contributions were collected;

(b) the date of the function;

(c) the number of people in attendance at the function;

(d) the total amount of anonymous contributions accepted.

(4) In the case of a loan referred to in section 37, at the time the loan is made the financial agent must record the following:

(a) the information referred to in subsection (1) (b) to (e);

(b) the amount of the loan;

(c) the rate of interest charged for the loan.

(5) For an initiative petition fundraising function held by or on behalf of an authorized participant, the financial agent must record the following:

(a) a description of the function;

(b) the date of the function;

(c) the cost, the gross income and the net income or loss arising from the function.

Restrictions on who may incur initiative petition expenses

46   (1) Subject to section 93, an individual or organization other than an authorized participant must not incur an initiative petition expense.

(2) The financial agent of an authorized participant must not pay an initiative petition expense unless the payment is made out of the property of the authorized participant for whom it is incurred.

Initiative petition expenses in excess of limit prohibited

47   (1) As applicable,

(a) a proponent must not incur an initiative petition expense if incurring the expense will result in the initiative petition expenses of the proponent exceeding the expenses limit determined under section 48 (1), and

(b) a member of an opponent group must not incur an initiative petition expense if incurring the expense will result in the initiative petition expenses for the opponent group exceeding the expenses limit determined for that opponent group under section 48 (2).

(2) The following expenses are not to be included as initiative petition expenses for the purpose of determining whether an authorized participant has complied with the applicable expenses limit:

(a) fees charged by the chief electoral officer under this Act;

(b) costs incurred for producing copies of the petition in accordance with the regulations;

(c) legal or accounting services provided to comply with this Act or the regulations;

(d) services provided by a financial agent in that capacity;

(e) expenses incurred in holding a fundraising function if no deficit is incurred;

(f) interest on a loan for initiative petition expenses to an authorized participant;

(g) the cost of any communication that an authorized participant that is an organization sends exclusively to its members;

(h) expenses prescribed for the purposes of this section by regulation.

(3) An initiative petition expense that is not included for the purpose of calculating whether there has been compliance with a limit under this Part remains an initiative petition expense and is subject to all other provisions of this Act.

Initiative petition expenses limit

48   (1) The value of initiative petition expenses incurred by the proponent or in total by the members of all the opponent groups of the initiative petition during an initiative petition period must not exceed the limit calculated by multiplying

(a) the applicable amount under subsection (3) or (4), and

(b) the number of registered voters for all electoral districts in British Columbia as of the date on which the petition was issued.

(2) The chief electoral officer must determine the expenses limit for each opponent group by allocating the limit calculated under subsection (1) to the groups in the same proportion as the number of members in the group bears to the total number of members in all of the opponent groups.

(3) For an initiative petition that is issued during the period beginning on February 24, 1995 and ending on December 31, 1995, the amount to be used under subsection (1) (a) is $0.25.

(4) For each initiative petition period that begins on or after January 1, 1996, the chief electoral officer must adjust the amount under subsection (3) and, for these purposes, sections 204 (2) and 270.01 of the Election Act apply.

(5) The chief electoral officer must

(a) have notice of an adjusted amount under subsection (4) published in the Gazette, and

(b) give notice of the applicable expenses limit to the financial agents for the authorized participants.

Reporting of information regarding initiative petition contributions

49   (1) Where this Act requires that initiative petition contributions be disclosed in a report, the report must include the following:

(a) for each contributor who made one or more initiative petition contributions that in total have a value of more than the applicable amount under section 206 (1) (a) of the Election Act, the information required to be recorded under section 45 (1) of this Act, other than the address of an individual;

(b) for anonymous contributions, the information required to be recorded under section 45 (3);

(c) for contributions not referred to in paragraph (a) or (b), the aggregate value of the contributions received and the total number of contributors from whom they were received.

(2) On request by the chief electoral officer, a contributor must file with the chief electoral officer a solemn declaration that the contributor has not contravened this Act or the regulations.

Initiative petition financing report

50   (1) Within 28 days after the end of the initiative petition period, the financial agent of the proponent and the financial agent of each opponent group must file with the chief electoral officer on behalf of the authorized participant for whom the financial agent is acting a financing report in accordance with this section.

(2) A financing report must include the following:

(a) the initiative petition expenses incurred by the authorized participant, showing separately those expenses that are not included for the purposes of determining whether the applicable expenses limit was exceeded;

(b) the initiative petition contributions accepted by the authorized participant, reported in accordance with section 49;

(c) any loans or guarantees received by the authorized participant for initiative petition expenses and any conditions attached to them, including for the loans referred to in section 37 the information recorded under section 45 (4) other than the address of an individual;

(d) for initiative petition fundraising functions held by or on behalf of the authorized participant, the information recorded under section 45 (5);

(e) any income received and any expenditures made or incurred by the authorized participant in relation to the initiative petition, if these are not otherwise disclosed in the report;

(f) any initiative petition contributions received but returned or otherwise dealt with in accordance with section 44.

(3) A supplementary report must be filed with the chief electoral officer as follows:

(a) if any of the information required to be disclosed in a report filed under this section changes, the financial agent must file a supplementary report within 14 days after the financial agent or an authorized participant becomes aware of the change;

(b) if the financial agent or an authorized participant for whom the financial agent is acting becomes aware that a report under this section did not completely and accurately disclose the information required to be disclosed in the report, the financial agent must file a supplementary report within 14 days after the financial agent or authorized participant becomes aware of the incompleteness or inaccuracy.

(4) A report under this section must be prepared in accordance with generally accepted accounting principles and must be filed with a signed statement of the financial agent as to its accuracy.

(5) After examining a report under this section, the chief electoral officer may require the report to be audited in accordance with the directions of the chief electoral officer at the expense of the authorized participant and may establish a time limit by which the financial agent must provide the report to the chief electoral officer.

(6) A report under this section must be available for public inspection at the office of the chief electoral officer during its regular office hours until one year after the day on which the next initiative vote may be held under section 14.

(7) For certainty, a report under this section is required even if the initiative petition is not submitted to the chief electoral officer in accordance with section 7.

Publication of financing summary

51   As soon as practicable after a financing report under section 50 (1) is received, the chief electoral officer must publish a report including the following:

(a) the name of the authorized participant on whose behalf the financing report is filed;

(b) an identification of the relevant initiative petition;

(c) a summary of the information included in the financing report;

(d) a statement of the applicable expenses limit;

(e) a statement as to whether the authorized participant complied with the applicable expenses limit.

Publication of failure to comply

52   (1) The chief electoral officer must have notice of the following published in the Gazette:

(a) the name of an authorized participant for whom an initiative petition financing report is not filed in accordance with section 50;

(b) the name of an authorized participant for whom a required initiative petition financing report is not filed in accordance with section 55;

(c) the name of an authorized participant who exceeds the applicable expenses limit;

(d) the name of an authorized participant in relation to whom there was a conviction under section 162 in relation to an initiative petition financing report.

(2) Publication under subsection (1) must take place as soon as possible after the chief electoral officer becomes aware of the applicable circumstances referred to in that subsection.

Effect of incurring expenses over limit

53   (1) Unless relief is granted by a court under section 54,

(a) if the proponent exceeds the expenses limit,

(i) the initiative petition fails, and

(ii) the proponent must pay to the chief electoral officer a penalty of double the amount by which the expenses exceed the limit, and

(b) if the total initiative petition expenses of an opponent group exceed the expenses limit for that opponent group, the members of the opponent group are jointly and separately liable to pay to the chief electoral officer a penalty of 10 times the amount by which the expenses exceed the limit.

(2) Subsection (1) (a) does not prevent the government from introducing into the Legislative Assembly the draft Bill that was the subject of the initiative petition.

(3) The penalties referred to in subsection (1) are effective as follows:

(a) if no application under section 54 is made in respect of an authorized participant subject to the penalty, at the end of the period for making such an application;

(b) if, on the final determination of an application under section 54, the court refuses to grant relief from the penalty, at the time of that determination.

(4) In all cases, until the applicable penalty under subsection (1) is paid, an authorized participant who exceeds the initiative petition expenses limit is not eligible

(a) to apply for the issuance of a petition under section 3,

(b) to become an authorized participant for an initiative petition or an initiative vote, or

(c) to act as a financial agent in relation to an initiative petition or an initiative vote.

(5) A penalty received by the chief electoral officer under this section must be paid into the consolidated revenue fund.

Court order for relief from expenses limit

54   (1) An authorized participant may apply to the Supreme Court in accordance with this section for relief from section 53 for failing to comply with an expenses limit.

(2) An application may be made only

(a) within 58 days after the end of the initiative petition period, or

(b) if the failure to comply is disclosed by a supplementary report under section 50 (3), within 14 days after the day on which the supplementary report is filed.

(3) Within 7 days after it is filed, the petition commencing an application must be served on the chief electoral officer and the financial agents for the other authorized participants.

(4) The applicant, the other authorized participants and the chief electoral officer are parties to the application.

(5) On the hearing of an application, the court may

(a) grant relief if the court considers that, in relation to the non-compliance, the financial agent and the applicant have acted in good faith, or

(b) refuse to grant relief.

Late filing of required reports

55   (1) This section applies if a financial agent fails to file a report under Division 5 of this Part with the chief electoral officer within the time period established by that Division or by a court under section 57.

(2) The chief electoral officer must give notice to the proponent or opponents for whom the report was to be filed that, if the report is not filed within the late filing period permitted by this section, the proponent or opponents will be subject to the penalties provided in this Division unless an extension is granted by a court under section 57.

(3) On payment to the chief electoral officer of a late filing fee of the applicable amount under section 220 (5) (b) of the Election Act, the report may be filed within 30 days after the end of the time period for filing established by Division 5 of this Part or before a later date permitted by a court under section 57 of this Act.

Failure to file initiative petition financing report

56   (1) Unless relief is granted by a court on an application under section 57 commenced before the end of the late filing period under section 55 (3), the following penalties apply if an initiative petition financing report is not filed with the chief electoral officer before the end of that period:

(a) in the case of a report for the proponent,

(i) the initiative petition fails, and

(ii) the proponent must pay a penalty of the applicable amount under section 220 (5) (a) of the Election Act to the chief electoral officer for each day after the last day on which it may be filed under section 55 of this Act up to the date on which it is in fact filed;

(b) in the case of a report for an opponent group, the opponents who are members of the opponent group are jointly and separately liable to pay a penalty of the applicable amount under section 220 (5) (b) of the Election Act to the chief electoral officer for each day after the last day on which it may be filed under section 55 of this Act up to the date on which it is in fact filed.

(2) Subsection (1) (a) does not prevent the government from introducing into the Legislative Assembly the draft Bill that was the subject of the initiative petition that failed because of the application of that subsection.

(3) The penalties referred to in subsection (1) are effective as follows:

(a) if no application under section 57 is made in respect of an authorized participant subject to the penalty, at the end of the period for making such an application;

(b) if, on the final determination of an application under section 57, the court refuses to grant relief from the penalty, at the time of that determination.

(4) In all cases, until the applicable penalty under subsection (1) is paid and the report is filed, an authorized participant who fails to file an initiative petition financing report is not eligible

(a) to apply for the issuance of a petition under section 3,

(b) to become an authorized participant for an initiative petition or an initiative vote, or

(c) to act as a financial agent in relation to an initiative petition or an initiative vote.

Court order for relief from filing obligations

57   (1) An authorized participant may apply to the Supreme Court in accordance with this section for relief from an obligation to file a financing report in accordance with this Act.

(2) An application may be made only

(a) within 58 days after the end of the initiative petition period, or

(b) in the case of a supplementary report referred to in section 50 (3), within 14 days after the authorized participant becomes aware of the change, incompleteness or inaccuracy referred to in that section.

(3) Within 7 days after it is filed, the petition commencing an application must be served on the chief electoral officer and on the financial agents for the other authorized participants.

(4) The applicant, the other authorized participants and the chief electoral officer are parties to the application.

(5) On the hearing of an application, the court may do the following:

(a) relieve the authorized participant from the obligation to file the report, or from specified obligations in relation to the report, if the court considers that, in relation to the non-compliance, the financial agent and the applicant have acted in good faith;

(b) grant an extension of the time for filing the report without payment of a late filing fee under section 55 if

(i) the application is commenced before the end of the time for filing without penalty, and

(ii) the court considers that, in relation to the non-compliance, the financial agent and the applicant have acted in good faith;

(c) grant an extension of the time for filing the report, subject to payment of the late filing fee under section 55, if the court considers that, in relation to the non-compliance, the financial agent and the applicant have acted in good faith;

(d) make any order the court considers appropriate to secure compliance with this Act and the regulations to the extent the court considers reasonable in the circumstances;

(e) refuse to grant an extension or other relief.

False or misleading reports relating to an initiative petition

58   (1) In addition to the penalty referred to in section 162, if a proponent of an initiative petition is convicted under that section in relation to a report under this Part relating to the initiative petition, that initiative petition fails.

(2) Subsection (1) applies as follows:

(a) if no appeal of the conviction is made, at the end of the period for making such an appeal;

(b) if the conviction is upheld on its final determination on appeal, at the time of that determination.

(3) Subsection (1) does not prevent the government from introducing into the Legislative Assembly the draft Bill that was the subject of the initiative petition.

Authorized participants must have financial agent

59   (1) The authorized participants for an initiative vote are

(a) the proponents of the initiative vote, being

(i) the proponent of the petition, if this individual has a financial agent under section 61 for the initiative vote, and

(ii) the individuals and organizations for whom a financial agent has been designated under section 62, and

(b) the opponents of the initiative vote, being the individuals and organizations for whom a financial agent has been designated under section 63.

(2) An authorized participant may only accept initiative vote contributions and incur initiative vote expenses through the financial agent for the authorized participant.

(3) Section 29 (3) applies in relation to the qualifications of a financial agent for an authorized participant for an initiative vote.

Notice to proponent and opponents for initiative petition

60   (1) In addition to the notice required under section 14 (2), at least 90 days before general voting day for an initiative vote the chief electoral officer must give notice of the vote to the proponent and opponents for the initiative petition to which the vote relates.

(2) Notice under subsection (1) must advise the proponent and opponents for the initiative petition that they must act under section 61 or 63, as applicable, if they wish to be an authorized participant for the initiative vote.

Financial agent for petition proponent

61   (1) If the proponent for the initiative petition intends to be a proponent for the initiative vote, the proponent must have a financial agent.

(2) For the purposes of subsection (1), section 30 applies and, within 30 days after the notice is published in the Gazette under section 14 (2), the proponent of the petition must deliver to the chief electoral officer

(a) a statement that the proponent is acting as the proponent's own financial agent for the initiative vote, or

(b) if the proponent is not acting as the proponent's own financial agent, a copy of the appointment and the consent and statement referred to in section 30 (2) (b).

Financial agents for other proponents

62   (1) An individual or organization who wishes to be a proponent under this section for an initiative vote must apply to the chief electoral officer within 30 days after the day on which notice of the vote is published in the Gazette and, for these purposes, section 31 applies.

(2) For certainty, the financial agent of a proponent under section 61 may be proposed as the financial agent for an applicant under this section.

(3) The chief electoral officer must designate financial agents for proponents and establish proponent groups as soon as possible after the end of the period for applying under subsection (1) and, for these purposes, sections 32 and 33 apply.

Financial agents for opponents

63   (1) An individual or organization who wishes to be an opponent of an initiative vote must apply to the chief electoral officer within 30 days after the day on which notice of the vote is published in the Gazette under section 14 (2) and, for these purposes, section 31 applies.

(2) The chief electoral officer must designate financial agents for opponents and establish opponent groups as soon as possible after the end of the period for applying under subsection (1) and, for these purposes, sections 32 and 33 apply.

Obligations and authority of financial agents and assistant financial agents

64   (1) Section 34 (1), as it applies in relation to initiative petition contributions, initiative petition expenses and other initiative petition matters, applies to initiative vote contributions, initiative vote expenses and other initiative vote matters.

(2) A financial agent is not personally liable for any liability of an authorized participant for whom the financial agent is acting unless the liability is personally guaranteed by the financial agent.

(3) A financial agent may authorize one or more individuals to accept initiative vote contributions and incur initiative vote expenses on behalf of the financial agent and, for these purposes, section 35 applies.

Initiative vote contributions

65   (1) Subject to this Part, an initiative vote contribution is an amount of money or the value of any property or services provided without compensation by way of donation, advance, deposit, discount or otherwise to an authorized participant in relation to an initiative vote.

(2) Sections 36, 37 and 38, as they apply in relation to initiative petition contributions, apply in relation to initiative vote contributions.

Initiative vote expenses

66   (1) Subject to this Part, an initiative vote expense is the value of property or services used during an initiative vote period to promote or oppose, directly or indirectly, an initiative in relation to an initiative vote.

(2) Section 39, as it applies in relation to initiative petition expenses, applies in relation to initiative vote expenses.

General valuation rules

67   Section 40 applies for the purpose of determining the value of an initiative vote contribution or initiative vote expense unless otherwise expressly provided.

Restrictions on making and accepting initiative vote contributions

68   (1) In relation to the making of initiative vote contributions, section 41, as it applies to initiative petition contributions, applies to initiative vote contributions.

(2) In relation to the accepting of initiative vote contributions, section 42, as it applies to initiative petition contributions, applies to initiative vote contributions.

Limits on anonymous contributions

69   (1) A financial agent must not accept, in relation to an initiative vote, more than the applicable amount under section 188 (1) of the Election Act in permitted anonymous contributions under section 68 (2) of this Act.

(2) A financial agent must not accept an anonymous initiative vote contribution if this will exceed the limit under subsection (1).

Prohibited contributions must be returned

70   Section 44, as it applies in relation to initiative petition contributions, applies in relation to initiative vote contributions, except that the period for returning or otherwise dealing with an initiative vote contribution subject to that section is 30 days after the financial agent becomes aware of the contravention.

Financial agent must record each initiative vote contribution

71   For the purposes of complying with the reporting requirements of this Part, section 45, as it applies in relation to initiative petition contributions and financing, applies to initiative vote contributions and financing.

Restrictions on who may incur initiative vote expenses

72   (1) Subject to section 93, an individual or organization other than an authorized participant must not incur initiative vote expenses.

(2) Section 46, as it applies in relation to initiative petition expenses, applies in relation to initiative vote expenses.

Initiative vote expenses in excess of limit prohibited

73   (1) As applicable,

(a) the proponent must not incur an initiative vote expense if incurring the expense will result in the initiative vote expenses of the proponent exceeding the expenses limit determined under section 74 (2) (a),

(b) a member of a proponent group must not incur an initiative vote expense if incurring the expense will result in the initiative vote expenses for the proponent group exceeding the expenses limit determined for that proponent group under section 74 (2) (b), and

(c) a member of an opponent group must not incur an initiative vote expense if incurring the expense will result in the initiative vote expenses for the opponent group exceeding the expenses limit determined for that opponent group under section 74 (2) (c).

(2) Section 47 (2), as it applies in relation to initiative petition expenses, applies in relation to initiative vote expenses that are not to be included for the purpose of determining whether an authorized participant has complied with the applicable expenses limit.

(3) An initiative vote expense that is not included for the purpose of calculating whether there has been compliance with a limit under this Part remains an initiative vote expense and is subject to all other provisions of this Act.

Initiative vote expenses limit

74   (1) The value of initiative vote expenses incurred by all the proponents or all the opponents of the initiative vote during an initiative vote period must not exceed the limit calculated by multiplying $1.52 and the number of registered voters for all electoral districts in British Columbia at the start of the initiative vote period.

(2) The chief electoral officer must determine the expenses limit for the proponent of the initiative petition and each proponent group and opponent group as follows:

(a) if the proponent of the initiative petition is a proponent of the initiative vote under section 61, the expenses limit for that proponent is

(i) 50% of the limit calculated under subsection (1) if there are other proponents for the initiative vote, or

(ii) 100% of the limit calculated under subsection (1) if there are no other proponents for the initiative vote;

(b) in the case of proponent groups, the limit calculated under subsection (1) minus any amount allocated to the proponent for the initiative petition under paragraph (a) (i) is to be allocated to the groups in the same proportion as the number of members in the group bears to the total number of members in all of the proponent groups;

(c) in the case of opponent groups, the limit calculated under subsection (1) is to be allocated to the groups in the same proportion as the number of members in the group bears to the total number of members in all of the opponent groups.

(3) The chief electoral officer must

(a) have notice of the amount calculated under subsection (1) published in the Gazette, and

(b) give notice of the applicable expenses limit to the financial agents for the authorized participants.

(4) The chief electoral officer must establish the applicable amounts for the initiative vote by

(a) determining the ratio between the consumer price index at the time this section comes into force and the consumer price index at the time the determination is made, and

(b) applying the ratio to adjust the amount under subsection (1).

(5) For the purpose of making an adjustment under this section, the chief electoral officer has the discretion to determine whether to use a consumer price index prepared by the director under the Statistics Act (British Columbia) or published by Statistics Canada under the Statistics Act (Canada) and to determine which consumer price index is applicable for a particular time.

Reporting of information regarding initiative vote contributions

75   (1) Where this Act requires that initiative vote contributions be disclosed in a report, the report must include the equivalent information in relation to initiative vote contributions as required under section 49 in relation to initiative petition contributions.

(2) On request by the chief electoral officer, a contributor must file with the chief electoral officer a solemn declaration that the contributor has not contravened this Act or the regulations.

Initiative vote financing report

76   (1) Within 90 days after the end of the initiative vote period, the financial agent of each authorized participant must file with the chief electoral officer on behalf of the authorized participant for whom the financial agent is acting a financing report in accordance with this section.

(2) A financing report must include the equivalent information in relation to initiative vote financing as required under section 50 (2) in relation to initiative petition financing.

(3) Section 50 (3) to (6), as it applies to a report under that section, applies to a report under this section, except that the period for filing a supplementary report is 30 days after the financial agent or authorized participant becomes aware of the change, incompleteness or inaccuracy for which the supplementary report is required.

Publication of financing summary

77   As soon as practicable after a financing report under section 76 (1) is received, the chief electoral officer must publish a report including the following:

(a) the name of the authorized participant on whose behalf the financing report is filed;

(b) an identification of the relevant initiative vote;

(c) a summary of the information included in the financing report;

(d) a statement of the applicable expenses limit;

(e) a statement as to whether the authorized participant complied with the applicable expenses limit.

Publication of failure to comply

78   (1) The chief electoral officer must have notice of the following published in the Gazette:

(a) the name of an authorized participant for whom an initiative vote financing report is not filed in accordance with section 76;

(b) the name of an authorized participant for whom a required initiative vote financing report is not filed in accordance with section 81;

(c) the name of an authorized participant who exceeds the applicable expenses limit;

(d) the name of an authorized participant in relation to whom there was a conviction under section 162 in relation to an initiative vote financing report.

(2) Publication under subsection (1) must take place as soon as possible after the chief electoral officer becomes aware of the applicable circumstances referred to in that subsection.

Effect of incurring expenses over limit

79   (1) Unless relief is granted by a court under section 80, the following penalties apply if an authorized participant exceeds the applicable expenses limit:

(a) in the case of an expenses limit for a proponent or proponent group,

(i) the initiative vote fails, and

(ii) the proponent must pay, or the proponents who are members of the proponent group are jointly and separately liable to pay, to the chief electoral officer a penalty of double the amount by which the expenses exceed the limit;

(b) if the total initiative vote expenses of an opponent group exceed the expenses limit for that opponent group, the members of the opponent group are jointly and separately liable to pay to the chief electoral officer a penalty of 10 times the amount by which the expenses exceed the limit.

(2) Subsection (1) (a) does not prevent the government from introducing into the Legislative Assembly the draft Bill that was the subject of the initiative vote.

(3) The penalties referred to in subsection (1) are effective as follows:

(a) if no application under section 80 is made in respect of an authorized participant subject to the penalty, at the end of the period for making such an application;

(b) if, on the final determination of an application under section 80, the court refuses to grant relief from the penalty, at the time of that determination.

(4) In all cases, until the applicable penalty under subsection (1) is paid, an authorized participant who exceeds the initiative vote expenses limit is not eligible

(a) to apply for the issuance of a petition under section 3,

(b) to become an authorized participant for an initiative petition or an initiative vote, or

(c) to act as a financial agent in relation to an initiative petition or an initiative vote.

(5) A penalty received by the chief electoral officer under this section must be paid into the consolidated revenue fund.

Court order for relief from expenses limit

80   (1) An authorized participant may apply to the Supreme Court for relief from section 79 for failing to comply with an expenses limit and, for these purposes, section 54 applies subject to this section.

(2) An application may be made only within 120 days after the end of the initiative vote period or, if the failure to comply is disclosed by a supplementary report under section 76 (3), within 30 days after the day on which the supplementary report is filed.

Late filing of required reports

81   (1) This section applies if a financial agent fails to file a report under Division 5 of this Part with the chief electoral officer within the time period established by that Division or by a court under section 83.

(2) The chief electoral officer must give notice to the authorized participant for whom the report was to be filed that, if the report is not filed within the late filing period permitted by this section, the authorized participant will be subject to the penalties provided in this Division unless an extension is granted by a court under section 83.

(3) On payment to the chief electoral officer of a late filing fee of the applicable amount under section 220 (5) (b) of the Election Act, the report may be filed within 30 days after the end of the time period for filing established by Division 5 of this Part or before a later date permitted by a court under section 83 of this Act.

Failure to file initiative vote financing report

82   (1) Unless relief is granted by a court on an application under section 83 commenced before the end of the late filing period under section 81 (3), the following penalties apply if an initiative vote financing report is not filed with the chief electoral officer before the end of that period:

(a) in the case of a report for the proponent or a proponent group,

(i) the initiative vote fails, and

(ii) the proponent must pay, or the proponents who are members of the proponent group are jointly and separately liable to pay, a penalty of the applicable amount under section 220 (5) (a) of the Election Act to the chief electoral officer for each day after the last day on which it may be filed under section 81 of this Act up to the date on which it is in fact filed;

(b) in the case of a report for an opponent group, the opponents who are members of the opponent group are jointly and separately liable to pay a penalty of the applicable amount under section 220 (5) (b) of the Election Act to the chief electoral officer for each day after the last day on which it may be filed under section 81 of this Act up to the date on which it is in fact filed.

(2) Subsection (1) (a) does not prevent the government from introducing into the Legislative Assembly the draft Bill that was the subject of the initiative vote that failed because of the application of that subsection.

(3) The penalties referred to in subsection (1) are effective as follows:

(a) if no application under section 83 is made in respect of an authorized participant subject to the penalty, at the end of the period for making such an application;

(b) if, on the final determination of an application under section 83, the court refuses to grant relief from the penalty, at the time of that determination.

(4) In all cases, until the applicable penalty under subsection (1) is paid and the report is filed, an authorized participant who fails to file an initiative vote financing report is not eligible

(a) to apply for the issuance of a petition under section 3,

(b) to become an authorized participant for an initiative petition or an initiative vote, or

(c) to act as a financial agent in relation to an initiative petition or an initiative vote.

(5) A penalty received by the chief electoral officer under this section must be paid into the consolidated revenue fund.

Court order for relief from filing obligations

83   (1) An authorized participant may apply to the Supreme Court in accordance with this section for relief from an obligation to file an initiative vote financing report in accordance with this Act and, for these purposes, section 57 applies subject to this section.

(2) An application may be made only within 120 days after the end of the initiative vote period or, if the failure to comply is disclosed by a supplementary report under section 76 (3), within 30 days after the day on which the supplementary report is filed.

False or misleading reports relating to an initiative vote

84   (1) In addition to the penalty referred to in section 162, if a proponent of an initiative vote is convicted under that section in relation to a report under this Part relating to the initiative vote, that initiative vote fails.

(2) Subsection (1) applies as follows:

(a) if no appeal of the conviction is made, at the end of the period for making such an appeal;

(b) if the conviction is upheld on its final determination on appeal, at the time of that final determination.

(3) Subsection (1) does not prevent the government from introducing into the Legislative Assembly the draft Bill that was the subject of the initiative vote.

Initiative advertising and opinion surveys

85   (1) For the purposes of this Act, initiative advertising is advertising used

(a) during an initiative petition period to promote or oppose, directly or indirectly, the initiative petition or draft Bill, or

(b) during an initiative vote period to promote or oppose, directly or indirectly, the initiative.

(2) For the purposes of this Act, an initiative opinion survey is an opinion survey respecting an initiative petition, draft Bill or initiative vote, including a matter publicly discussed in relation to the initiative petition, draft Bill or initiative vote.

Sponsorship of initiative advertising

86   (1) For the purposes of this Part, the sponsor of initiative advertising or an initiative opinion survey is whichever of the following is applicable:

(a) the individual or organization who pays for the initiative advertising or initiative opinion survey to be conducted;

(b) if the services of conducting the advertising or survey are provided without charge as a contribution, the individual or organization to whom the services are provided as a contribution;

(c) if the individual or organization who is the sponsor within the meaning of paragraph (a) or (b) is acting on behalf of another individual or organization, the other individual or organization.

(2) Where this Part requires the inclusion of a mailing address or telephone number at which a sponsor can be contacted,

(a) any mailing address given must be within British Columbia,

(b) any telephone number given must be that of a place within British Columbia, and

(c) the sponsor must make available an individual to be responsible for answering questions from the public that are directed to the address or telephone number.

(3) Where this Part requires a sponsor to be identified, for a numbered corporation or an unincorporated organization the identification must include both

(a) the name of the organization, and

(b) the name of an individual director or, if there are no individual directors, an individual who is a principal officer or a principal member of the organization.

(4) On request of the chief electoral officer,

(a) an individual identified as a sponsor, or

(b) an individual identified as a director, principal officer or principal member of an organization identified as a sponsor

must file with the chief electoral officer a solemn declaration that the identified sponsor is in fact the sponsor and that the sponsor has not contravened this Part.

No indirect sponsorship of initiative advertising

87   An individual or organization must not sponsor initiative advertising with the property of any other individual or organization or indirectly through any other individual or organization.

Initiative advertising must identify sponsor

88   An individual or organization must not sponsor or conduct any initiative advertising unless the advertising

(a) identifies the name of the sponsor or, in the case of an authorized participant, the name of the financial agent,

(b) if applicable, indicates that the sponsor is a registered sponsor under this Act,

(c) indicates that it was authorized by the identified sponsor or financial agent, and

(d) gives a telephone number or mailing address at which the sponsor or financial agent may be contacted regarding the advertising.

Restriction on rates charged for initiative advertising

89   An individual or organization must not charge a rate for initiative advertising in a periodical publication or on radio or television that exceeds the lowest rate charged by the individual or organization for equivalent advertising in the same medium during the same initiative petition period or initiative vote period.

Prohibition against certain initiative advertising on general voting day

90   (1) On general voting day for an initiative vote, an individual or organization must not conduct initiative advertising by publishing it in a newspaper or magazine or on radio or television.

(2) An individual or organization must not sponsor or agree to sponsor initiative advertising that is or is to be conducted on general voting day by a means referred to in subsection (1), whether the publication is done within British Columbia or outside British Columbia.

Restrictions on initiative campaigning near voting places

91   (1) During an initiative vote period, an individual or organization must not post, display or disseminate initiative advertising in or within 100 metres of the building where the office of the district electoral officer is located.

(2) While advance voting or general voting for an initiative vote is being conducted at a voting place, an individual or organization must not do any of the following in or within 100 metres of the building where the voting is being conducted:

(a) post, display or disseminate initiative advertising;

(b) canvass or solicit votes or otherwise attempt to influence how a voter votes;

(c) carry, wear or supply a flag, badge or other thing indicating that the individual using it is a supporter of a particular response to an initiative;

(d) post, display, disseminate or openly leave a representation of a ballot marked for a particular response to an initiative.

(3) If subsection (1) or (2) is being contravened by the posting or display of materials, the district electoral officer or another election official authorized by the district electoral officer may enter on the property where the materials are located and remove or cover or otherwise obscure them from view.

(4) While advance voting or general voting is being conducted at a voting place for an initiative vote, an individual or organization must not conduct initiative advertising by means of a public address system or loudspeaker that is within hearing distance of the voting place.

Requirements for publication of initiative opinion surveys

92   (1) During an initiative petition period or an initiative vote period, an individual or organization who first publishes in British Columbia the results of an initiative opinion survey must publish the following information with the results of the survey:

(a) the name of the sponsor of the survey;

(b) the name of the individual or organization who conducted the survey;

(c) the dates when the survey was conducted;

(d) to the extent that the information is applicable to the survey, the number of individuals contacted for the survey and the percentage of those who refused to take part in the survey;

(e) to the extent that the information is applicable to the survey, the margin of error for the survey;

(f) the exact wording of each question in the survey for which data are reported;

(g) for each question for which the margin of error is greater than that reported under paragraph (e), the margin of error for the question;

(h) a mailing address or telephone number, indicating it as the address or telephone number at which the sponsor can be contacted to obtain a written report regarding the survey in accordance with subsection (3).

(2) If the results of an initiative opinion survey are to be published without the authorization of the sponsor, at least 24 hours before first publication, the individual or organization who publishes the results must notify the sponsor so that the report required under subsection (3) can be prepared.

(3) From the time of the first publication of an initiative opinion survey until the end of the initiative petition period or initiative vote period, as applicable, whether the publication is done within British Columbia or outside British Columbia, the sponsor must provide on request a copy of a written report on the results of the survey, published as referred to in subsection (1), including the following information to the extent that the information is applicable to the survey:

(a) the name and address of the sponsor of the survey;

(b) the name and address of the individual or organization who conducted the survey;

(c) the dates when the survey was conducted;

(d) the exact wording of each question for which data are reported;

(e) the method used to collect the information in the survey;

(f) the population from which the sample in the survey was drawn;

(g) the size of the initial sample and the number of individuals contacted for the survey;

(h) the number and percentage of individuals contacted who answered the survey;

(i) the number and percentage of individuals contacted who refused to take part in the survey;

(j) the method used to recalculate percentages when those who expressed no opinion or those who did not respond are omitted from the survey;

(k) the times of any interviews;

(l) the sampling method;

(m) the number of ineligible individuals contacted;

(n) any weighting factors or normalization procedures used;

(o) the margin of error for the survey.

(4) A fee may be charged for a report provided under subsection (3), but the fee must be based on the reasonable costs of reproducing the original report prepared for the purposes of that subsection.

Advertising limits

93   (1) An authorized participant for an initiative petition may incur initiative advertising as an initiative petition expense and an authorized participant for an initiative vote may incur initiative advertising as an initiative vote expense, subject to the applicable expenses limit.

(2) Other than initiative advertising referred to in subsection (1), an individual or organization must not sponsor initiative advertising during an initiative petition period or an initiative vote period

(a) such that the total value of that initiative advertising is greater than $5 000 or a higher amount established by regulation, or

(b) in combination with one or more individuals or organizations, or both, such that the total value of the initiative advertising sponsored by those individuals and organizations during that period is greater than $5 000 or a higher amount established by regulation.

(3) As an exception to subsection (2), the value of initiative advertising that is conducted by sending a document directly to the members, employees or shareholders of the sponsoring individual or organization is not to be included for the purposes of determining whether the individual or organization has complied with that subsection.

(4) An individual or organization must not conduct initiative advertising if, by this, the sponsor would contravene subsection (2).

Penalties for exceeding initiative advertising limit

94   (1) Unless relief is granted by a court under section 95, if a sponsor exceeds an initiative advertising limit, the sponsor

(a) is deregistered as a sponsor under Division 3 of this Part, and

(b) must pay to the chief electoral officer a penalty of 10 times the amount by which the value of the initiative advertising sponsored by the sponsor exceeds the limit.

(2) In the case of a sponsor that is an unincorporated organization, the members of the organization are jointly and separately liable to pay the penalty under subsection (1).

(3) A penalty referred to in subsection (1) is effective as follows:

(a) if no application under section 95 is made in respect of the sponsor, at the end of the period for making such an application;

(b) if, on the final determination of an application under section 95, the court refuses to grant relief from the penalty, at the time of that determination.

Court order for relief from advertising limit

95   (1) A sponsor may apply to the Supreme Court in accordance with this section for relief from section 94.

(2) An application may be made only within 58 days after the end of the initiative petition period or initiative vote period, as applicable, in relation to which the advertising limit was exceeded.

(3) Within 7 days after it is filed, the petition commencing an application must be served on the chief electoral officer.

(4) The sponsor and the chief electoral officer are parties to the application.

(5) On the hearing of an application, the court may

(a) grant relief if the court considers that, in relation to the non-compliance, the sponsor acted in good faith, or

(b) refuse to grant relief.

Initiative advertising sponsors must be registered

96   (1) Subject to subsection (2), an individual or organization who is not registered under this Division must not sponsor initiative advertising.

(2) An authorized participant is not required to be registered to sponsor initiative advertising in relation to the initiative petition or initiative vote for which the individual or organization is an authorized participant.

Registration with chief electoral officer

97   (1) An individual or organization who wishes to become a registered sponsor in relation to an initiative petition or an initiative vote must file an application in accordance with this section with the chief electoral officer.

(2) An application must include the following:

(a) the full name of the applicant and, in the case of an applicant organization that has a different usual name, this usual name;

(b) the full address of the applicant;

(c) in the case of an applicant organization, the names of the principal officers of the organization or, if there are no principal officers, of the principal members of the organization;

(d) an address at which notices and communications under this Act and other communications will be accepted as served on or otherwise delivered to the individual or organization;

(e) a telephone number at which the applicant can be contacted;

(f) identification of the initiative petition or initiative vote in relation to which the applicant wishes to be registered as a sponsor;

(g) any other information required by regulation to be included.

(3) An application must

(a) be signed, as applicable, by the individual applicant or, in the case of an applicant organization, by 2 principal officers of the organization or, if there are no principal officers, by 2 principal members of the organization, and

(b) be accompanied by a signed statement of an individual who signed the application under paragraph (a) that the applicant is not prohibited from being registered by section 99.

(4) The chief electoral officer may require applications to be in a specified form.

(5) As soon as practicable after receiving an application, if satisfied that the requirements of this section are met by an applicant, the chief electoral officer must register the applicant as a registered sponsor in the register maintained by the chief electoral officer for this purpose.

(6) If there is any change in the information referred to in subsection (2) for a registered sponsor, the sponsor must file with the chief electoral officer written notice of the change within 15 days after it occurs.

(7) A notice or other communication that is required or authorized under this Act to be given to a sponsor is deemed to have been given if it is delivered to the applicable address filed under this section with the chief electoral officer.

Obligations of registered sponsor

98   (1) The identification of a registered sponsor referred to in section 88 must be a name filed by the sponsor under section 97 with the chief electoral officer.

(2) An individual or organization who is registered or required to be registered as a sponsor must maintain records of the following information in respect of contributions received by the sponsor:

(a) in the case of anonymous contributions, the date on which the contributions were received, the total amount received on each date and, if applicable, the event at which they were received;

(b) in other cases, the information referred to in section 45 (1) (a) to (e), with the class of contributor recorded in accordance with section 101.

Limit on registration

99   An individual or organization who is subject to a penalty under this Part or for whom a required report under this Part is not filed is not entitled to be registered as a sponsor until all such outstanding reports are filed and all such outstanding penalties are paid.

Independent sponsors must file disclosure reports

100   (1) Subject to subsection (2), if an individual or organization sponsors, during an initiative petition period or an initiative vote period, initiative advertising that has a total value of $500 or a higher amount established by regulation, the sponsor must file with the chief electoral officer an initiative advertising disclosure report in accordance with this section and section 101.

(2) The report under subsection (1) must be filed as follows:

(a) in the case of initiative advertising during an initiative petition period, within 28 days after the end of the initiative petition period;

(b) in the case of initiative advertising during an initiative vote period, within 90 days after the end of the initiative vote period.

(3) An authorized participant for the initiative petition or initiative vote in relation to which the advertising was sponsored is not required to file a report under this section.

(4) A sponsor must file a supplementary report with the chief electoral officer if any of the information required to be disclosed in an initiative advertising disclosure report changes or if the sponsor becomes aware that the report does not accurately and completely disclose that information.

(5) A supplementary report under subsection (4) must be filed as follows:

(a) in the case of a report in relation to initiative advertising during an initiative petition period, within the equivalent period under section 50 (3) after the sponsor becomes aware of the facts in relation to which the report is required;

(b) in the case of a report in relation to initiative advertising during an initiative vote period, within the equivalent period under section 76 (3) after the sponsor becomes aware of the facts in relation to which the report is required.

Contents of disclosure report

101   (1) An initiative advertising disclosure report must be in the form prescribed by regulation and must include the following information:

(a) the value of the initiative advertising sponsored by the sponsor, reported by class as required by regulation;

(b) the amount of the contributions accepted by the sponsor during the period,

(i) beginning 6 months before the initiative petition was issued and ending at the end of the initiative petition period, in the case of advertising in relation to an initiative petition, and

(ii) beginning 6 months before general voting day for the initiative vote and ending at the end of the initiative vote period, in the case of advertising in relation to an initiative vote,

reported in accordance with subsections (2) to (4);

(c) any amount of the sponsor's assets, other than assets received by way of contribution reported under paragraph (b), that was used to pay for the initiative advertising sponsored by the sponsor;

(d) any other information required by regulation to be included.

(2) For the purposes of subsection (1) (b), amounts accepted from contributors must be reported separately for each of the following classes of contributor:

(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) anonymous contributors.

(3) If the records of the sponsor indicate that, during the period for which contributions are required to be reported, a contributor made one or more contributions of money that, in total, have a value of more than $250 or a higher amount established by regulation, the report under this section must include the following:

(a) the full name of the individual;

(b) the class of the contributor as referred to in subsection (2);

(c) if the contributor is a numbered corporation or an unincorporated organization, the full names and addresses of at least 2 individuals

(i) who are directors of the organization, or

(ii) if there are no individual directors, who are principal officers or principal members of the organization;

(d) the value of each contribution and the date on which it was made.

(4) For anonymous contributions, the report under this section must include the dates on which the contributions were received, the amounts received on each date and, if applicable, the events at which they were received.

(5) A report under this section must be accompanied by a signed declaration of the individual sponsor or, in the case of an organization, by a principal officer of the organization or, if there are no principal officers, by a principal member of the organization, as to the accuracy of the report.

(6) As a limit on the reporting obligations under this section, the obligation of a sponsor in relation to contributions accepted before the initiative petition period or initiative vote period to which the report relates is that reasonable effort must be made to report the information required under this section.

Late filing of reports

102   If a sponsor fails to file a report under section 100 with the chief electoral officer within the time period established by that section or by a court under section 104, on payment to the chief electoral officer of a late filing fee equivalent to the applicable amount under section 220 (5) (b) of the Election Act, the report may be filed within 30 days after the end of the time period under section 100 or before a later date permitted by a court under section 104.

Failure to file reports

103   (1) Unless relief is granted by a court on an application under section 104 commenced before the end of the late filing period under section 102, if an initiative advertising disclosure report is not filed with the chief electoral officer before the end of that period, the sponsor

(a) is deregistered as a sponsor under Division 3 of this Part, and

(b) must pay to the chief electoral officer a penalty equivalent to the applicable amount under section 220 (5) (b) of the Election Act for each day after the last day on which it may be filed under section 102 up to the date on which it is in fact filed.

(2) In the case of a sponsor that is an unincorporated organization, the members of the organization are jointly and separately liable to pay the penalty under subsection (1) (b).

(3) The penalties referred to in subsection (1) are effective as follows:

(a) if no application under section 104 is made in respect of the sponsor, at the end of the period for making such an application;

(b) if, on the final determination of an application under section 104, the court refuses to grant relief from the penalty, at the time of that determination.

Court order for relief from filing obligations

104   (1) A sponsor subject to section 102 or 103 may apply to the Supreme Court in accordance with this section for relief from an obligation to file an initiative advertising disclosure report or from a penalty in relation to the filing of such a report.

(2) An application may be made only,

(a) in the case of a report in relation to an initiative petition, within the applicable period under section 57 (2), or

(b) in the case of a report in relation to an initiative vote, within the applicable period under section 83 (2).

(3) Within 7 days after it is filed, the petition commencing an application must be served on the chief electoral officer.

(4) The applicant and the chief electoral officer are parties to the application.

(5) On the hearing of an application, the court may do the following:

(a) relieve the sponsor from the obligation to file the report, or from specified obligations in relation to the report, if the court considers that, in relation to the non-compliance, the sponsor acted in good faith;

(b) grant an extension of the time for filing the report without payment of a late filing fee under section 102 if

(i) the application is commenced before the end of the time for filing without penalty, and

(ii) the court considers that, in relation to the non-compliance, the sponsor acted in good faith;

(c) grant an extension of the time for filing the report, subject to payment of the late filing fee under section 102, if the court considers that, in relation to the non-compliance, the sponsor acted in good faith;

(d) make any order the court considers appropriate to secure compliance with this Act and the regulations to the extent the court considers reasonable in the circumstances;

(e) refuse to grant an extension or other relief.

Obligation to maintain records

105   An individual or organization who is or has been a sponsor of initiative advertising must

(a) ensure that the records required for the purposes of this Part are maintained in British Columbia, and

(b) retain those records for at least 5 years, or a longer period specified by the chief electoral officer, from the date of filing of a report required under this Division in relation to those records.

Publication of initiative advertising summary

106   As soon as practicable after an initiative advertising disclosure report under this Division is received, the chief electoral officer must publish a report including the following:

(a) the name of the sponsor for whom it is filed;

(b) an identification of the relevant initiative petition or initiative vote;

(c) a summary of the information included in the report.

Authorized participants and their financial agents

107   (1) Effective on the date that the chief electoral officer notifies the proponent and the affected Member under section 20 (1) (a), those individuals become authorized participants for the recall petition that is to be issued.

(2) An authorized participant may only accept recall petition contributions and incur recall petition expenses through the authorized participant's financial agent.

(3) Subsection (2) does not apply with respect to the personal recall expenses of an authorized participant.

(4) For the purposes of this Part, a reference to an authorized participant includes an individual who becomes an authorized participant or was an authorized participant.

Appointment of financial agent

108   (1) For the purposes of this Part, an authorized participant may act as the authorized participant's own financial agent or may appoint another individual as financial agent.

(2) The following are disqualified from acting as financial agent:

(a) an election official, a voter registration official or an individual who is otherwise a member of the staff of the chief electoral officer;

(b) an individual who does not have full capacity to enter into contracts;

(c) an individual who is disqualified under section 128 or 131;

(d) an individual who, at any time within the previous 7 years, has been convicted of an offence under this Act or the Election Act.

(3) The appointment of a financial agent must be made in writing and must

(a) include the name, mailing address and telephone number of the individual appointed and the effective date of the appointment, and

(b) be accompanied by

(i) a signed consent of the individual appointed to act as financial agent, and

(ii) a signed statement of the individual appointed that the individual is not disqualified from acting as a financial agent.

(4) As soon as practicable, the following must be delivered to the chief electoral officer:

(a) a statement as to whether or not the proponent or Member is acting as the proponent's or Member's own financial agent;

(b) if the proponent or Member is not acting as the proponent's or Member's own financial agent, a copy of the appointment and the consent and statement referred to in subsection (3) (b);

(c) an address to which notices under this Act may be delivered to the financial agent or the authorized participant, as referred to in section 166.

(5) If there is any change in who is the financial agent for an authorized participant, the authorized participant must, as soon as possible, notify the chief electoral officer of that change and, for these purposes, must deliver notice in accordance with subsection (4) (a) to (c).

General obligations of financial agent

109   (1) Without limiting the obligations of a financial agent of an authorized participant under any other provision of this Act, a financial agent must do the following:

(a) ensure that all recall contributions, recall expenses and other income and expenditures in relation to the recall petition are properly recorded to allow compliance with the reporting requirements of this Act;

(b) ensure that all money received by or on behalf of the authorized participant in relation to a recall petition is deposited in an account in a savings institution and that all expenditures of the authorized participant are paid from an account in a savings institution;

(c) ensure that all records required to be kept for the purposes of this Act by the authorized participant are maintained in British Columbia;

(d) ensure that all financial records and receipts of the authorized participant in relation to this Act are retained for at least 5 years from the date of filing of any report under this Act required in relation to them;

(e) make every reasonable effort to ensure that every expenditure greater than the applicable amount under section 177 (2) (e) of the Election Act that is incurred by the authorized participant in relation to the recall petition is documented by a statement setting out the particulars of the expenditure.

(1.1) For the purposes of subsection (1) (b), a financial agent must ensure that a separate account is established for each authorized participant for whom the financial agent is acting.

(2) A financial agent or assistant financial agent is not personally liable for any liability of the authorized participant for whom the financial agent or assistant financial agent is acting unless the liability is personally guaranteed by the financial agent or assistant financial agent.

Assistant financial agent

110   (1) A financial agent may authorize one or more individuals to accept recall contributions and incur recall expenses on behalf of the financial agent.

(2) An individual who is authorized under subsection (1) to accept recall contributions and incur recall expenses has, for those purposes, all the powers, duties and protections of the financial agent.

(3) As soon as practicable after an authorization under subsection (1) is made, a copy of the authorization must be delivered to the chief electoral officer.

Recall contributions generally

111   (1) Subject to this Part, a recall contribution is an amount of money or the value of any property or services provided without compensation by way of donation, advance, deposit, discount or otherwise to an authorized participant in relation to a recall petition.

(2) If property or services are provided to an authorized participant at less than market value or acquired from an authorized participant at greater than market value, the difference between the market value of the property or services at the time provided and the amount charged is a recall contribution.

(3) The amount of any money, but not the value of any property or services, provided in relation to a recall petition by an authorized participant is a recall contribution.

(4) The value of the following is not a recall contribution:

(a) services provided by a volunteer;

(b) property of a volunteer if the property is provided or used in relation to the services of the individual as a volunteer;

(c) property or services provided by an election official, a voter registration official or any other member of the staff of the chief electoral officer in that official capacity;

(d) publishing, without charge, news, an editorial, an interview, a column, a letter or a commentary in a genuine periodical publication or a radio or television program;

(e) broadcasting time provided, without charge, as part of a genuine public affairs program;

(f) producing, promoting or distributing a publication for no less than its market value, if the publication was planned to be sold regardless of the petition.

Loans and guarantees to authorized participant

112   (1) A permissible loan, or a guarantee for a permissible loan, to an authorized participant is not a recall contribution.

(2) An authorized participant must not accept or use in relation to the recall petition a loan other than a permissible loan.

(3) A permissible loan, or a guarantee for a permissible loan, to an authorized participant must be made only by a savings institution.

(4) A savings institution must not make to an authorized participant a loan other than a permissible loan.

(5) An authorized participant must not accept a guarantee for a permissible loan unless the guarantee is provided with non-preferential treatment.

(6) A savings institution must not make or accept a guarantee for a permissible loan to an authorized participant unless the guarantee is provided with non-preferential treatment.

(7) Despite subsection (1) of this section, a permissible loan to an authorized participant is a recall contribution if a savings institution does not make commercially reasonable efforts to collect or enforce the loan.

Debts owed by authorized participant

112.01   (1) In this section, "debt" means a debt, other than a debt arising from a permissible loan, that is owed by an authorized participant in relation to a recall expense.

(2) A debt is a recall contribution if

(a) the debt remains unpaid 6 months after becoming due and payable, and

(b) the creditor does not make commercially reasonable efforts to collect or recover the debt.

(3) For certainty, nothing in this section affects the rights of a creditor in relation to a debt that becomes a recall contribution under this section.

Recall contributions through fundraising functions

113   (1) Except as provided in this section or if received as anonymous contributions under section 116 (2) (f), funds raised by a recall fundraising function held by or on behalf of an authorized participant are not recall contributions.

(2) A person other than an eligible individual must not pay a charge per individual for a fundraising function.

(2.01) If a charge per individual for a fundraising function is greater than $50, the payment of that charge is a recall contribution.

(2.02) If an eligible individual pays for more than one charge per individual for a fundraising function, the payment of those charges is a recall contribution by the eligible individual.

(3) If the amount paid for property or services offered for sale at a recall fundraising function is greater than their market value, the difference between the amount paid and the market value at the time it is agreed to be paid is a recall contribution.

(4) The value of property or services, or both, donated by an individual for sale at a recall fundraising function is a recall contribution unless the property or services or both, as applicable,

(a) are used for sale at the recall fundraising function, and

(b) have a total value that is not greater than the applicable amount under section 182 (4) (b) of the Election Act.

Recall expenses

114   (1) Subject to this Part, a recall expense is the value of property or services used during a recall petition period to promote or oppose, directly or indirectly, the recall of the Member who is the subject of the recall petition.

(2) A deficit incurred in holding a recall fundraising function during a recall petition period is a recall expense.

(3) The value of the following is not a recall expense:

(a) property and services referred to in section 111 (4);

(b) goods produced by an individual as a volunteer from the property of the individual;

(c) goods produced by an authorized participant from the property of the authorized participant.

(4) The following recall expenses incurred by an authorized participant, if they are reasonable, are personal recall expenses of the authorized participant:

(a) payments for care of a child or other family member for whom the authorized participant is normally directly responsible;

(b) the cost of travelling to, within or from the electoral district;

(c) the cost of lodging, meals and incidental charges while travelling to, within or from the electoral district;

(d) the cost of renting a temporary residence if it is necessary for the recall petition;

(e) recall expenses incurred as a result of any disability of the authorized participant, including the cost of any individual required to assist the authorized participant in performing the functions necessary for supporting or opposing the recall petition;

(f) any other recall expenses specified by regulation.

(5) If an authorized participant is not acting as the authorized participant's own financial agent, within 14 days after the end of the recall petition period the authorized participant must provide to the financial agent a report of the authorized participant's personal recall expenses.

(6) A report under subsection (5) must set out the details of the personal recall expenses incurred by the authorized participant.

General valuation rules

115   (1) The rules in this section apply for the purpose of determining the value of a recall contribution or recall expense unless otherwise expressly provided in this Part.

(2) The value of any property or services is

(a) the price paid for the property or services, or

(b) the market value of the property or services, if no price is paid or if the price paid is lower than the market value.

(3) If the property is a capital asset, the value of the property is the market value of using the property.

(4) The value of free advertising space in a periodical publication and free broadcasting time provided to an authorized participant for a recall petition is nil if the space or time is made available on an equitable basis to both authorized participants.

Specified fundraising function using private residence property

115.01   (1) An organization or individual must not hold a specified fundraising function that has a charge per individual of greater than $100 in or on premises that are used as a private residence.

(2) An authorized participant must not accept a recall contribution raised at a specified fundraising function described in subsection (1).

Information respecting specified fundraising function

115.02   (1) No later than 7 days before the date of a specified fundraising function, the organization or individual who plans to hold the specified fundraising function must provide the following information to the chief electoral officer and, if there is a specific individual on whose behalf the specified fundraising event is being held, to the financial agent of that individual:

(a) the name of every member of the Executive Council, parliamentary secretary or leader of a major political party who is scheduled to attend the specified fundraising function;

(b) the amount of the charge per individual for the specified fundraising function;

(c) the date and time of the specified fundraising function;

(d) if the specified fundraising function is held

(i) in or on premises that are used as a private residence, the address of the premises and the name of the person who usually uses the premises as a private residence, and

(ii) in or on premises other than premises that are used as a private residence, the usual name of the premises;

(e) the usual name of the organization or individual who is holding the specified fundraising event;

(f) if the specified fundraising event is being held on behalf of a specific individual, the usual name of that individual.

(2) No later than 14 days after the date of the specified fundraising function, the organization or individual who held the fundraising function must provide the following information to the chief electoral officer and, if subsection (1) (f) applies, to the individual on whose behalf the specified fundraising function was held or the financial agent of that individual:

(a) the name of every member of the Executive Council, parliamentary secretary or leader of a major political party who attended the specified fundraising function;

(b) the number of charges per individual received for the specified fundraising function;

(c) the amount of recall contributions raised at the specified fundraising function.

(3) If subsection (1) (f) did not apply at the time that the information under subsection (2) was provided to the chief electoral officer, the organization or individual who held the fundraising function, as soon as practicable after identifying the specific individual to whom the recall contributions raised at the fundraising function are to be provided, must provide the information required under subsection (2) to the financial agent of the individual to whom those recall contributions are to be provided.

(4) The organization or individual who provides the information to the chief electoral officer under subsections (1), (2) or (3) must, if the organization or individual becomes aware that the information has changed or is not accurate, provide updated information to the chief electoral officer as soon as practicable.

(5) The chief electoral officer must

(a) publish, as soon as practicable, on an Elections BC authorized internet site the information received under subsections (1), (2), (3) and (4), other than the information described in subsection (1) (d) (i), and

(b) ensure the information continues to be published on an Elections BC authorized internet site until one year after final voting day for the next general election.

Restrictions on making recall contributions

116   (1) A person must not make a recall contribution unless the person is an eligible individual.

(2) An eligible individual must not do any of the following:

(a) make a recall contribution to an authorized participant except by making it to the financial agent or assistant financial agent;

(b) make a recall contribution without disclosing to the financial agent the information required to be recorded under section 120;

(c) make a recall contribution of money in an amount greater than the applicable amount under section 186 (1) (c) of the Election Act, except by means of

(i) a cheque with the name of the contributor legibly shown on it and drawn on an account in the contributor's name maintained in a savings institution,

(ii) a money order with the name of the contributor legibly shown on it and signed by the contributor,

(iii) a credit card in the name of the contributor, or

(iv) an electronic transfer of funds from an account in the contributor's name maintained in a savings institution;

(d) make a recall contribution with the money, other property or services of another;

(e) make a recall contribution indirectly by giving money, other property or services to an individual or organization

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

(ii) as consideration for that individual or organization making a recall contribution;

(f) make an anonymous recall contribution unless the contribution

(i) is provided in response to a general solicitation for funds at a function held on behalf of or in relation to the affairs of the authorized participant to whom the contribution is provided, and

(ii) has a value of less than the applicable amount under section 186 (1) (f) (ii) of the Election Act.

(3) As exceptions to subsection (2) (d) and (e),

(a) an eligible individual may make a recall contribution indirectly by providing compensation to an individual who provides services that are a recall contribution, in which case the eligible individual providing the compensation is the contributor for the purposes of this Act, and

(b) an individual may make a recall contribution with the money of another individual, if that other individual is an eligible individual, but must disclose to the individual required to record the contribution under section 120 the full name and address of the eligible individual whose money is being used.

Sponsorship contributions that become recall contributions

116.01   (1) This section applies if an individual

(a) received a sponsorship contribution before the start of a recall petition period,

(b) did not use all or part of the contribution to sponsor non-petition period recall advertising, and

(c) became an authorized participant at the start of the petition period.

(2) On the date the petition period begins, the unused sponsorship contribution or portion of the sponsorship contribution becomes a recall contribution to the authorized participant.

(3) Section 116.02 does not apply to a recall contribution referred to in subsection (2) if the authorized participant had, as a recall advertising sponsor, received confirmation and consent in accordance with section 146.09.

Confirmation and consent requirements for using recall contributions

116.02   Before an authorized participant may use a recall contribution for a recall expense, the authorized participant must obtain from the contributor the following in writing:

(a) a confirmation from the contributor that the contributor is an eligible individual;

(b) consent that the authorized participant may use all or part of the contribution for the purpose of promoting or opposing the recall of the Member, as applicable.

Contributor confirmation and consent in relation to recall contribution

116.03   (1) A contributor may provide a contributor confirmation and contributor consent

(a) at the time the contributor makes a contribution, or

(b) after the date the contributor makes a contribution but before the earlier of the following:

(i) the date that is 24 months after the date the contributor made the contribution;

(ii) the date the authorized participant uses the contribution.

(2) An authorized participant

(a) may request the contributor to provide a contributor confirmation and contributor consent, and

(b) must, when making that request, advise the contributor whether the contributor has previously provided a contributor consent for one or more contributions in the applicable calendar year, and, if so, the amount of those contributions.

(3) An authorized participant that does not obtain a contributor confirmation and contributor consent must not use any part of the contribution for paying recall expenses.

Recall contribution limits

116.04   (1) An eligible individual must not, in a calendar year, make recall contributions to an authorized participant such that the following amounts are, in total, more than the applicable amount referred to in section 146.10:

(a) the amount of those recall contributions to the authorized participant;

(b) if applicable, the amount of any sponsorship contributions made in that calendar year to the individual who is now an authorized participant.

(2) As an additional restriction, an eligible individual must not, in any one calendar year, make the following contributions that, in total, have a value greater than the applicable amount referred to in section 146.10:

(a) recall contributions to the Member subject to the recall petition;

(b) sponsorship contributions to that Member;

(c) political contributions made under section 180 (1) (a), (b), (c) or (e) of the Election Act in relation to

(i) that Member as a candidate or nomination contestant,

(ii) the political party that the Member represents, or

(iii) a constituency association for the electoral district of the Member that is the local organization for the political party that the Member represents or that supports the Member as an independent Member.

Restrictions on accepting recall contributions

117   (1) An authorized participant must not accept a recall contribution except through the authorized participant's financial agent or assistant financial agent.

(2) A financial agent or assistant financial agent must not accept a recall contribution from a person other than an eligible individual.

(3) A financial agent or assistant financial agent must not accept a recall contribution that the financial agent has reason to believe is made in contravention of this Act.

(4) If an assistant financial agent becomes aware that a recall contribution may have been made in contravention of this Act, the individual must immediately inform the financial agent.

Limits on anonymous contributions

118   (1) A financial agent must not accept, in relation to a recall petition, more than 50% of the applicable amount under section 188 (2) of the Election Act in permitted anonymous contributions under section 116 (2) (f) of this Act.

(2) A financial agent must not accept an anonymous recall contribution if this will exceed the limit under subsection (1).

Prohibited contributions must be returned

119   (1) If a financial agent becomes aware that a recall contribution was made or accepted in contravention of this Act, the financial agent must return to the contributor

(a) the recall contribution, or

(b) an amount equal to the value of the recall contribution,

within 14 days after the financial agent becomes aware of the contravention.

(2) If a financial agent is not able to comply with subsection (1), as soon as practicable the financial agent must instead pay the amount referred to in that subsection to the chief electoral officer for payment to the consolidated revenue fund.

(3) If an account maintained by a financial agent for an authorized participant contains insufficient funds to make a payment required under subsection (1) or (2), the authorized participant is liable to provide the necessary funds to meet the deficiency.

Financial agent must record each recall contribution

120   (1) For the purposes of complying with the reporting requirements of this Part, a financial agent must record the following for each recall contribution made to the authorized participant:

(a) the value of the contribution;

(b) the date the contribution was received;

(c) the full name and address of the contributor;

(d) whether the contribution is

(i) a charge per individual greater than $250 for a fundraising function, or

(ii) a contribution described in section 113 (3) or (4) that is for a fundraising function and has a value greater than $250;

(e) in the case of a contribution described in paragraph (d), the date of the fundraising function.

(2) As an exception in the case of anonymous contributions permitted under section 116 (2) (f), the financial agent must record the following:

(a) a description of the function at which the contributions were collected;

(b) the date of the function;

(c) the number of people in attendance at the function;

(d) the total amount of anonymous contributions accepted.

(3) At the time a permissible loan, or a guarantee for a permissible loan, is received, the financial agent must record the following:

(a) the name of the savings institution making the loan or the guarantee;

(b) the amount of the loan;

(c) the rate of interest charged for the loan;

(d) the prime rate of the principal banker to the government at the time the rate of interest for the loan is fixed;

(e) the date the loan is due.

(4) If applicable, the financial agent must record the following:

(a) if there has been a default on a permissible loan, the date of the default;

(b) if there has been a call on a guarantee for a permissible loan, the date of the call;

(c) if there has been non-compliance with the terms and conditions of a guarantee for a permissible loan, the date of the non-compliance.

(5) For a fundraising function held by or on behalf of an authorized participant for the purpose of raising funds to be used in relation to the recall petition, the financial agent must record the following:

(a) a description of the function;

(b) the date of the function;

(c) the cost, the gross income and the net income or loss arising from the function.

(6) For a specified fundraising function to which section 115.02 applies, the financial agent must record the following:

(a) the name of every member of the Executive Council, parliamentary secretary or leader of a major political party who attended the specified fundraising function;

(b) the amount of the charge per individual for the specified fundraising function;

(c) if the specified fundraising function is held

(i) in or on premises that are used as a private residence, the address of the premises and the name of the person who usually uses the premises as a private residence, and

(ii) in or on premises other than premises that are used as a private residence, the usual name of the premises.

Amounts transferred for use by Member

120.01   (1) Subject to subsection (6), a political party or constituency association may transfer to a Member who is an authorized participant money for use by the Member in opposing the recall petition.

(2) A Member who is an authorized participant may transfer political contributions received by the Member as a candidate to the Member as an authorized participant for use in opposing the recall petition.

(3) An amount transferred under this section is not a recall contribution.

(4) The financial agent for the Member must, within 14 days after the financing report filing, return to their source any amounts transferred under subsection (1) or (2) that were not used in opposing the recall petition.

(5) For the purposes of the Election Act, amounts transferred or returned under this section are amounts that are to be reported under section 180 (6) of that Act.

(6) A political party or constituency association must not transfer under this section an amount greater than $1 200 from political contributions made by an eligible individual.

(7) Within 14 days after making a transfer under this section from political contributions, the political party or constituency association making the transfer must provide to the chief electoral officer and to the Member a report that includes, for each eligible individual who made political contributions that are being transferred,

(a) the name of the individual,

(b) the amount of the political contributions from that individual that are being transferred, and

(c) the date on which the transfer was made.

Return of unused recall contributions

120.02   (1) This section applies if an authorized participant has an unused recall contribution, or a portion of a recall contribution that is unused, on the date the financing report under section 125 (1) is filed.

(2) Subject to subsection (3), the financial agent for the authorized participant must, within 14 days after the financing report filing, return to the contributor

(a) the unused contribution or portion of a contribution, or

(b) an amount equal to the value of that contribution or portion.

(3) Contributions must not be returned under subsection (2) if the authorized participant has

(a) a permissible loan referred to in section 112 that is unpaid, or

(b) an outstanding debt referred to in section 112.01 that is unpaid.

(4) If a financial agent is not able to comply with subsection (2), the financial agent must instead, as soon as practicable, pay the amount to be returned under that subsection to the chief electoral officer for payment to the consolidated revenue fund.

Restrictions on who may incur recall expenses

121   (1) An individual or organization who is not an authorized participant must not incur a recall expense other than a recall advertising expense.

(2) The financial agent of an authorized participant must not pay a recall expense unless the payment is made out of the property of the authorized participant for whom it is incurred.

Recall expenses in excess of limit prohibited

122   (1) An authorized participant must not incur a recall expense if incurring the expense will result in the recall expenses exceeding the expenses limit determined under section 123.

(2) The following expenses are not to be included as recall expenses for the purpose of determining whether an authorized participant has complied with the applicable expenses limit:

(a) fees charged by the chief electoral officer under this Act;

(b) costs incurred for producing copies of the petition in accordance with the regulations;

(c) personal recall expenses;

(d) legal or accounting services provided to comply with this Act or the regulations;

(e) services provided by a financial agent in that capacity;

(f) expenses incurred in holding a fundraising function if no deficit is incurred;

(g) interest on a loan for recall expenses to an authorized participant;

(h) expenses prescribed for the purposes of this section by regulation.

(3) A recall expense that is not included for the purpose of calculating whether there has been compliance with a limit under this Part remains a recall expense and is subject to all other provisions of this Act.

Recall expenses limit

123   (1) For the purpose of determining a recall expenses limit, the number of voters for an electoral district is the number of registered voters in the electoral district as of final voting day for the last election of the Member.

(2) In the case of an electoral district for which there are 25 000 or fewer registered voters, the total value of recall expenses incurred by an authorized participant during a recall petition period must not exceed the applicable amount under subsection (6) (a) or (7).

(3) In the case of an electoral district for which there are more than 25 000 registered voters, the total value of recall expenses incurred by an authorized participant during a recall petition period must not exceed the total of

(a) the amount permitted by subsection (2), and

(b) the applicable amount under subsection (6) (b) or (7) for each registered voter for the electoral district in excess of 25 000.

(4) Subject to subsection (5), if an electoral district has an average of fewer than 2 registered voters for each square kilometre, the limit on recall expenses under subsection (2) or (3), as applicable, is increased by the amount calculated by multiplying

(a) the applicable amount under subsection (6) (c) or (7), and

(b) the total number of square kilometres in the electoral district.

(5) The maximum increase in the limit on recall expenses under subsection (4) is 25% of the limit determined under subsection (2) or (3), as applicable.

(6) For a recall petition that is issued during the period beginning on February 24, 1995 and ending on December 31, 1995, the following are to be used as the amounts for determining the limits on recall expenses:

(a) under subsection (2), $25 000;

(b) under subsection (3), $0.25;

(c) under subsection (4), $0.15.

(7) For each recall petition period that begins on or after January 1, 1996, the chief electoral officer must adjust the amounts under subsection (6) and, for these purposes, sections 204 (2) and 270.01 of the Election Act apply.

(8) The chief electoral officer must

(a) have notice of an adjusted amount under subsection (7) published in the Gazette, and

(b) give notice of the amount to the authorized participants.

Reporting of information regarding recall contributions

124   (1) Where this Act requires that recall contributions be disclosed in a report, the report must include the following:

(a) for each contributor who made one or more recall contributions that in total have a value of more than the applicable amount under section 206 (1) (a) of the Election Act, the information required to be recorded under section 120 (1) of this Act;

(b) for anonymous contributions, the information required to be recorded under section 120 (2);

(c) for contributions not referred to in paragraph (a) or (b), the aggregate value of the contributions received and the total number of contributors from whom they were received.

(2) On request by the chief electoral officer, a contributor must file with the chief electoral officer a solemn declaration that the contributor has not contravened this Act or the regulations.

Recall financing report

125   (1) Within 28 days after the end of the recall petition period, the financial agent of an authorized participant must file with the chief electoral officer a financing report in accordance with this section.

(2) A financing report must include the following:

(a) the recall expenses incurred by the authorized participant, showing separately those expenses that are not included for the purposes of determining whether the expenses limit was exceeded;

(b) the recall contributions accepted by the authorized participant reported in accordance with section 124;

(c) any loans or guarantees received by the authorized participant for recall expenses and any conditions attached to them, including

(i) the date the loan is due, and

(ii) for permissible loans, the information recorded under section 120 (3) and (4);

(d) for recall fundraising functions held by or on behalf of the authorized participant, the information recorded under section 120 (5);

(d.01) if section 115.02 (3) applies in relation to the authorized participant, the information provided under that subsection to the financial agent of the authorized participant;

(d.02) any sponsorship contributions

(i) received by the proponent who applied for the issuance of the recall petition or by the Member subject to the recall petition, including such contributions received before the start of the recall petition period, and

(ii) used to sponsor non-petition period recall advertising;

(d.03) for an authorized participant who is a Member,

(i) any amounts transferred to the Member under section 120.01 (1) or (2),

(ii) any of the amounts referred to in subparagraph (i) that were used for expenditures by the Member in relation to the recall petition, and

(iii) any of the amounts referred to in subparagraph (i) that were transferred back to their source under section 120.01 (4);

(e) any income received and any expenditures made or incurred by the authorized participant in relation to the recall petition, if these are not otherwise disclosed in the report;

(f) any recall contributions received but returned or otherwise dealt with in accordance with section 119.

(3) A supplementary report must be filed with the chief electoral officer as follows:

(a) if any of the information required to be disclosed in a report filed under this section changes, the financial agent must file a supplementary report within 14 days after the financial agent or the authorized participant becomes aware of the change;

(b) if the financial agent or the authorized participant for whom the financial agent is acting becomes aware that a report under this section did not completely and accurately disclose the information required to be disclosed in the report, the financial agent must file a supplementary report within 14 days after the financial agent or authorized participant becomes aware of the incompleteness or inaccuracy.

(4) A report under this section must be prepared in accordance with generally accepted accounting principles and must be filed with a signed statement of the financial agent as to its accuracy.

(5) After examining a report under this section, the chief electoral officer may require the report to be audited in accordance with the directions of the chief electoral officer at the expense of the authorized participant, and may establish a time limit by which the financial agent must provide the report to the chief electoral officer.

(6) A report under this section must be available for public inspection at the office of the chief electoral officer during its regular office hours until one year after final voting day for the next general election.

(6.01) The information available for public inspection under subsection (6) must not include the address of a contributor.

(7) For certainty, a report under this section is required even if the recall petition is not submitted to the chief electoral officer in accordance with section 23.

Publication of financing summary

126   (1) As soon as practicable after a report under section 125 (1) is received, the chief electoral officer must publish a report including the following:

(a) the name of the authorized participant on whose behalf the financing report is filed;

(b) an identification of the relevant recall petition;

(c) a summary of the information included in the financing report for that petition;

(d) a statement of the applicable expenses limit;

(e) a statement as to whether the authorized participant complied with the applicable expenses limit.

(2) The chief electoral officer may publish a report under subsection (1) on an Elections BC authorized internet site.

Publication of failure to comply

127   (1) The chief electoral officer must

(a) publish on an Elections BC authorized internet site

(i) the name of an authorized participant for whom a recall financing report is not filed in accordance with section 125,

(ii) the name of an authorized participant for whom a required recall financing report is not filed in accordance with section 130,

(iii) the name of an authorized participant who exceeds the expenses limit, and

(iv) the name of an authorized participant in relation to whom there was a conviction under section 162 in relation to a recall financing report, and

(b) have notice of the information described in paragraph (a) published in the Gazette.

(2) The information published under subsection (1) (a) must continue to be published on an Elections BC authorized internet site until one year after final voting day for the next general election.

(3) Publication of the notice under subsection (1) (b) must take place as soon as practicable after the chief electoral officer becomes aware of the applicable circumstances referred to in that subsection.

Effect of incurring expenses over limit

128   (1) Unless relief is granted by a court under section 129,

(a) if the proponent exceeds the expenses limit,

(i) the recall petition fails, and

(ii) the proponent must pay to the chief electoral officer a penalty of double the amount by which the expenses exceed the limit, and

(b) if the Member exceeds the expenses limit, the Member must pay to the chief electoral officer a penalty of 10 times the amount by which the expenses exceed the limit.

(2) The penalties referred to in subsection (1) are effective as follows:

(a) if no application under section 129 is made in respect of an authorized participant subject to the penalty, at the end of the period for making such an application;

(b) if, on the final determination of an application under section 129, the court refuses to grant relief from the penalty, at the time of that determination.

(3) In all cases, until the applicable penalty under subsection (1) is paid, an authorized participant who exceeds the recall expenses limit is not eligible

(a) to apply for the issuance of a petition under section 19, or

(b) to act as a financial agent in relation to a recall petition.

(4) A penalty received by the chief electoral officer under this section must be paid into the consolidated revenue fund.

Court order for relief from expenses limit

129   (1) An authorized participant may apply by petition to the Supreme Court in accordance with this section for relief from section 128 for failing to comply with an expenses limit.

(2) An application may be made only

(a) within 58 days after the end of the recall petition period, or

(b) if the failure to comply is disclosed by a supplementary report under section 125 (3), within 14 days after the day on which the supplementary report is filed.

(3) Within 7 days after it is filed, the petition commencing an application must be served on the chief electoral officer.

(4) The applicant and the chief electoral officer are parties to the application.

(5) On the hearing of an application, the court may

(a) grant relief if the court considers that, in relation to the non-compliance, the financial agent and the applicant have acted in good faith, or

(b) refuse to grant relief.

Late filing of required reports

130   (1) This section applies if a financial agent fails to file a report under Division 5 of this Part with the chief electoral officer within the time period established by that Division or by a court under section 132.

(2) The chief electoral officer must give notice to the authorized participant for whom the report was to be filed that, if the report is not filed within the late filing period permitted by this section, the authorized participant will be subject to the penalties provided in this Division unless an extension is granted by a court under section 132.

(3) On payment to the chief electoral officer of a late filing fee of the applicable amount under section 220 (5) (b) of the Election Act, the report may be filed within 30 days after the end of the time period for filing established by Division 5 of this Part or before a later date permitted by a court under section 132 of this Act.

Failure to file recall financing report

131   (1) Unless relief is granted by a court on an application under section 132 commenced before the end of the late filing period under section 130 (3), the following penalties apply if a recall financing report is not filed with the chief electoral officer before the end of that period:

(a) in the case of a report for the proponent,

(i) the recall petition fails, and

(ii) the proponent must pay a penalty of the applicable amount under section 220 (5) (a) of the Election Act to the chief electoral officer for each day after the last day on which it may be filed under section 130 of this Act up to the date on which it is in fact filed;

(b) in the case of a report for the Member, the Member must pay a penalty of the applicable amount under section 220 (5) (b) of the Election Act to the chief electoral officer for each day after the last day on which it may be filed under section 130 of this Act up to the date on which it is in fact filed.

(2) The penalties referred to in subsection (1) are effective as follows:

(a) if no application under section 132 is made in respect of an authorized participant subject to the penalty, at the end of the period for making such an application;

(b) if, on the final determination of an application under section 132, the court refuses to grant relief from the penalty, at the time of that determination.

(3) In all cases, until the applicable penalty under subsection (1) is paid and the report is filed, an authorized participant who fails to file a recall financing report is not eligible

(a) to apply for the issuance of a petition under section 19, or

(b) to act as a financial agent in relation to a recall petition.

Court order for relief from filing obligations

132   (1) An authorized participant may apply to the Supreme Court in accordance with this section for relief from an obligation to file a financing report in accordance with this Act.

(2) An application may be made only

(a) within 58 days after the end of the recall petition period, or

(b) in the case of a supplementary report referred to in section 125 (3), within 14 days after the authorized participant becomes aware of the change, incompleteness or inaccuracy referred to in that section.

(3) Within 7 days after it is filed, the petition commencing an application must be served on the other authorized participant, by service on that authorized participant or on the financial agent of that authorized participant, and on the chief electoral officer.

(4) The applicant, the other authorized participant and the chief electoral officer are parties to the application.

(5) On the hearing of an application, the court may do the following:

(a) relieve the applicant from the obligation to file the report, or from specified obligations in relation to the report, if the court considers that, in relation to the non-compliance, the financial agent and the authorized participant have acted in good faith;

(b) grant an extension of the time for filing the report without payment of a late filing fee under section 130 if

(i) the application is commenced before the end of the time for filing without penalty, and

(ii) the court considers that, in relation to the non-compliance, the financial agent and the authorized participant have acted in good faith;

(c) grant an extension of the time for filing the report, subject to payment of the late filing fee under section 130, if the court considers that, in relation to the non-compliance, the financial agent and the authorized participant have acted in good faith;

(d) make any order the court considers appropriate to secure compliance with this Act and the regulations to the extent the court considers reasonable in the circumstances;

(e) refuse to grant an extension or other relief.

False or misleading reports relating to a recall petition

133   (1) In addition to the penalty referred to in section 162,

(a) if the proponent of a recall petition is convicted under that section in relation to a report under this Part relating to the recall petition, at the end of the applicable time under subsection (3) that recall petition fails, or

(b) if a Member is convicted under that section in relation to a report under this Part relating to a recall petition, at the applicable time under subsection (3) the Member ceases to hold office and the seat of the Member becomes vacant.

(2) The chief electoral officer must present a report to the Speaker respecting a Member who may be subject to the penalty under subsection (1) (b) as soon as possible after the conviction to which it relates.

(3) Subsection (1) applies as follows:

(a) if no appeal of the conviction is made, at the end of the period for making such an appeal;

(b) if the conviction is upheld on its final determination on appeal, at the time of that determination.

Monetary penalties for making or accepting prohibited loan or guarantee

133.01   (1) Within 7 days of the chief electoral officer making a determination of non-compliance with section 112 (2), (3) or (5) by a person, the chief electoral officer must notify the person of the non-compliance and the related penalty.

(2) Unless relief is granted by a court on an application under section 133.10, if the chief electoral officer gives notice under subsection (1), the person must pay to the chief electoral officer a penalty of up to 100% of the amount of the loan, as determined by the chief electoral officer.

Monetary penalties for accepting recall contributions from specified fundraising functions using private residence property

133.02   (1) Within 7 days of the chief electoral officer making a determination of non-compliance with section 115.01 (2) by an authorized participant, the chief electoral officer must notify the authorized participant of the non-compliance and the related penalty.

(2) Unless relief is granted by a court on an application under section 133.10, if the chief electoral officer gives notice under subsection (1) of this section, the authorized participant must pay to the chief electoral officer a penalty in the amount of up to double the amount of the recall contribution raised by the specified fundraising function, as determined by the chief electoral officer.

Monetary penalties for failure to provide information respecting specified fundraising functions

133.03   (1) Within 7 days of the chief electoral officer making a determination of non-compliance with section 115.02 (1), (2), (3) or (4) by the organization or individual required to provide information under that provision, the chief electoral officer must notify that organization or individual of the non-compliance and the related penalty.

(2) Unless relief is granted by a court on an application under section 133.10, if the chief electoral officer gives notice under subsection (1) of this section, the individual or organization must pay to the chief electoral officer a penalty in the amount of up to $10 000, as determined by the chief electoral officer.

Monetary penalties respecting prohibited recall contributions

133.04   (1) Within 7 days of the chief electoral officer making a determination of non-compliance with section 116 by a person, the chief electoral officer must notify the person of the non-compliance and the related penalty.

(2) Unless relief is granted by a court on an application under section 133.10, if the chief electoral officer gives notice under subsection (1) of this section, the person must pay to the chief electoral officer a penalty as follows:

(a) other than in relation to non-compliance with section 116 (2) (c) or (f), a penalty in the amount of up to double the amount of the recall contribution, as determined by the chief electoral officer;

(b) in the case of non-compliance with section 116 (2) (c), a penalty in the amount of up to double the amount that the recall contribution exceeds the amount described in that provision, as determined by the chief electoral officer;

(c) in the case of non-compliance with section 116 (2) (f), a penalty in the amount of up to double the amount that the recall contribution exceeds $50, as determined by the chief electoral officer.

(3) Within 7 days of the chief electoral officer making a determination of non-compliance with section 116 (2) (c) or (f) by an eligible individual, the chief electoral officer must notify the eligible individual of the non-compliance and the related penalty.

(4) Unless relief is granted by a court on an application under section 133.10, if the chief electoral officer gives notice under subsection (3) of this section, the eligible individual must pay to the chief electoral officer a penalty in the amount of up to double the amount that the recall contribution,

(a) in the case of non-compliance with section 116 (2) (c), exceeds the amount described in section 116 (2) (c), as determined by the chief electoral officer, or

(b) in the case of non-compliance with section 116 (2) (f), exceeds $50, as determined by the chief electoral officer.

Monetary penalties in relation to prohibited transfers

133.05   (1) Within 7 days of the chief electoral officer making a determination of non-compliance with section 120.01 (6) or (7) by a political party or constituency association, the chief electoral officer must notify the financial agent of the political party or constituency association of the non-compliance and the related penalty.

(2) Unless relief is granted by a court on an application under section 133.10, if the chief electoral officer gives notice under subsection (1) of this section, the political party or constituency association must pay to the chief electoral officer

(a) in the case of non-compliance with section 120.01 (6), a penalty in the amount of up to double the amount of the transfer that exceeded the limit set in section 120.01 (6), as determined by the chief electoral officer, and

(b) in the case of non-compliance with section 120.01 (7), a penalty in the amount of up to double the amount of the transfer, as determined by the chief electoral officer.

Monetary penalties for exceeding recall contribution limits

133.06   (1) Within 7 days of the chief electoral officer making a determination of non-compliance with section 116.04 by an eligible individual, the chief electoral officer must notify the eligible individual of the non-compliance and the related penalty.

(2) Unless relief is granted by a court on an application under section 133.10, if the chief electoral officer gives notice under subsection (1) of this section, the eligible individual must pay to the chief electoral officer a penalty in the amount of up to double the amount that the contributions exceed the applicable limit set in section 116.04 (1) or (2), as determined by the chief electoral officer.

Monetary penalties respecting accepting recall contributions

133.07   (1) Within 7 days of the chief electoral officer making a determination of non-compliance with section 117 by an authorized participant, by the financial agent of an authorized participant or by the assistant financial agent of an authorized participant, the chief electoral officer must notify the authorized participant of the non-compliance and the related penalty.

(2) Unless relief is granted by a court on an application under section 133.10, if the chief electoral officer gives notice under subsection (1) of this section, the authorized participant, financial agent or assistant financial agent must pay to the chief electoral officer a penalty in the amount of up to double the amount of the recall contribution, as determined by the chief electoral officer.

Monetary penalties respecting anonymous recall contributions

133.08   (1) Within 7 days of the chief electoral officer making a determination of non-compliance with section 118 by a financial agent for an authorized participant, the chief electoral officer must notify the authorized participant of the non-compliance and the related penalty.

(2) Unless relief is granted by a court on an application under section 133.10, if the chief electoral officer gives notice under subsection (1) of this section, the financial agent of the authorized participant must pay to the chief electoral officer a penalty in the amount of up to double the amount that the recall contribution exceeds the anonymous contribution limit set in section 118, as determined by the chief electoral officer.

Monetary penalties for failure to return recall contributions

133.09   (1) Within 7 days of the chief electoral officer making a determination of non-compliance with section 119 by a financial agent, the chief electoral officer must notify the financial agent of the non-compliance and the related penalty.

(2) Unless relief is granted by a court on an application under section 133.10, if the chief electoral officer gives notice under subsection (1) of this section, the financial agent must pay to the chief electoral officer a penalty in the amount of up to double the amount of the recall contribution, as determined by the chief electoral officer.

Court order for relief respecting recall contributions

133.10   (1) A person who is subject to a monetary penalty under sections 133.01 to 133.09 may apply to the Supreme Court in accordance with this section for relief from the monetary penalty for non-compliance with the applicable section.

(2) A political party may apply under subsection (1) respecting a monetary penalty imposed on an authorized participant who is a Member representing the party or on a financial agent or assistant financial agent of the Member.

(3) An application may be made only within 30 days after the chief electoral officer, under the applicable section referred to in subsection (1), notifies the person of the non-compliance and related penalty.

(4) The petition commencing an application must be served on the chief electoral officer within 7 days after the petition is filed and the chief electoral officer is a party to the application.

(5) On the hearing of an application, the court may do the following:

(a) grant relief from a penalty if the court considers that, in relation to the non-compliance, the person has acted in good faith;

(b) make any order the court considers appropriate to secure compliance with the applicable section to the extent the court considers reasonable in the circumstances;

(c) refuse to grant relief.

Publication of names

133.11   (1) The chief electoral officer must

(a) publish on an Elections BC authorized internet site

(i) the names of persons on whom the chief electoral officer has imposed a monetary penalty under sections 133.01 to 133.09,

(ii) the section under which the chief electoral officer has imposed the monetary penalty, and

(iii) the amount of the monetary penalty, and

(b) have notice of the information described in paragraph (a) published in the Gazette.

(2) The information published under subsection (1) (a) must continue to be published on an Elections BC authorized internet site until one year after final voting day for the next general election.

(3) Publication of the notice under subsection (1) (b) must take place as soon as practicable after the chief electoral officer imposes the monetary penalty.

Repealed

134   [Repealed 2018-41-25.]

Contributions to recall advertising sponsors

134.01   (1) In this Part, "recall advertising sponsor" means the following:

(a) an individual or organization that sponsors petition period recall advertising in respect of a recall petition, other than an authorized participant for the recall petition;

(b) an individual or organization that sponsors non-petition period recall advertising.

(2) Subject to this Part, a contribution, in relation to recall advertising, is an amount of money or the value of any property or services provided without compensation by way of donation, advance, deposit, discount or otherwise to a recall advertising sponsor, whether provided before or after the recall advertising sponsor sponsors recall advertising.

Sponsorship of recall advertising

135   (1) For the purposes of this Part, the sponsor of recall advertising is whichever of the following is applicable:

(a) the individual or organization who pays for the recall advertising to be conducted;

(b) if the services of conducting the advertising are provided without charge as a contribution, the individual or organization to whom the services are provided as a contribution;

(c) if the individual or organization who is the sponsor within the meaning of paragraph (a) or (b) is acting on behalf of another individual or organization, the other individual or organization.

(2) Where this Part requires the inclusion of a mailing address or telephone number at which a recall advertising sponsor can be contacted,

(a) any mailing address given must be within British Columbia,

(b) any telephone number given must be that of a place within British Columbia, and

(c) the recall advertising sponsor must make available an individual to be responsible for answering questions from the public that are directed to the address or telephone number.

(3) Where this Part requires a recall advertising sponsor to be identified, for a numbered corporation or an unincorporated organization the identification must include both

(a) the name of the organization, and

(b) the name of an individual director or, if there are no individual directors, an individual who is a principal officer or principal member of the organization.

(4) On request of the chief electoral officer,

(a) an individual identified as a recall advertising sponsor, or

(b) an individual identified as a director, principal officer or principal member of an organization identified as a recall advertising sponsor

must file with the chief electoral officer a solemn declaration that the identified recall advertising sponsor is in fact the recall advertising sponsor and that the recall advertising sponsor has not contravened this Part.

No indirect sponsorship of recall advertising

136   An individual or organization must not sponsor recall advertising with the property of any other individual or organization or indirectly through any other individual or organization.

Recall advertising must identify sponsor

137   (1) Subject to subsection (2), an individual or organization must not sponsor, or publish, broadcast or transmit to the public, any recall advertising unless the advertising

(a) identifies the name of the recall advertising sponsor or, in the case of an authorized participant, the name of the financial agent,

(b) if applicable, indicates that the sponsor is a registered recall advertising sponsor under this Act,

(c) indicates that it was authorized by the identified recall advertising sponsor or financial agent, and

(d) gives a telephone number or mailing address at which the recall advertising sponsor or financial agent may be contacted regarding the advertising.

(2) Subsection (1) does not apply to any class of recall advertising exempted under section 171.

(3) The chief electoral officer, or a person acting on the direction of the chief electoral officer, may

(a) remove and destroy, without notice to any person, or

(b) require a person to remove or discontinue, and destroy,

any recall advertising that does not meet the requirements of subsection (1) and is not exempted under subsection (2).

Identification of sponsor — activities

137.01   (1) With respect to an activity described in section 1 (4) (a), the person canvassing a voter must provide to the voter the information described in section 137 (1) (a) to (c).

(2) With respect to an activity described in section 1 (4) (b), the material must include the information described in section 137 (1) (a) to (d).

(3) The chief electoral officer, or a person acting on the direction of the chief electoral officer, may require a person to discontinue any activity referred to in subsections (1) and (2) of this section that does not meet the requirements described in those subsections.

Monetary penalties for failure to identify sponsor

137.02   (1) Within 7 days of the chief electoral officer making a determination of non-compliance with section 137 or 137.01 by a person, the chief electoral officer must notify the person of the non-compliance and the related penalty.

(2) Unless relief is granted by a court on an application under this section, if the chief electoral officer gives notice under subsection (1) of this section, the person must pay to the chief electoral officer a penalty in the amount of up to $10 000, as determined by the chief electoral officer.

(3) A person who is subject to a monetary penalty under this section may apply to the Supreme Court in accordance with this section for relief from the monetary penalty for non-compliance.

(4) An application may be made only within 30 days after the chief electoral officer, under subsection (1), notifies the person of the non-compliance and the related penalty.

(5) The petition commencing an application must be served on the chief electoral officer within 7 days after the petition is filed and the chief electoral officer is a party to the application.

(6) On the hearing of an application, the court may do the following:

(a) grant relief from a penalty if the court considers that, in relation to the non-compliance, the person has acted in good faith;

(b) make any order the court considers appropriate to secure compliance with section 137 or 137.01 to the extent the court considers reasonable in the circumstances;

(c) refuse to grant relief.

Restriction on rates charged for recall advertising

138   An individual or organization must not charge a rate for recall advertising in a periodical publication or on radio or television that exceeds the lowest rate charged by the individual or organization for equivalent advertising in the same medium during the same recall petition period.

Repealed

139   [Repealed 2002-60-18.]

Repealed

140-142   [Repealed 2002-60-19.]

Recall advertising sponsors must be registered

143   (1) Subject to subsection (2), an individual or organization who is not registered under this Division must not sponsor recall advertising.

(1.01) An individual or organization must not sponsor recall advertising in relation to an electoral district unless the individual or organization is registered as a recall advertising sponsor in relation to that electoral district.

(1.02) An individual or organization must not sponsor petition period recall advertising in relation to a recall petition unless the individual or organization is registered as a recall advertising sponsor in relation to that recall petition.

(2) An authorized participant is not required to be registered to sponsor petition period recall advertising in relation to a recall petition for which the individual is an authorized participant.

Independence from authorized participants

143.01   (1) A recall advertising sponsor who sponsors petition period recall advertising in relation to a recall petition must be independent of the authorized participants in respect of the petition and must not sponsor recall advertising on behalf of or together with either of them.

(2) Subsection (1) does not apply to

(a) the political party that the Member who is the subject of the petition represents, or

(b) a constituency association for the electoral district of that Member that

(i) is the local organization for the political party that the Member represents, or

(ii) supports the Member as an independent Member.

Registration with chief electoral officer

144   (1) An individual or organization who wishes to register as a recall advertising sponsor in relation to an electoral district must file an application in accordance with this section with the chief electoral officer.

(2) An application must include the following:

(a) the full name of the applicant and, in the case of an applicant organization that has a different usual name, this usual name;

(b) the full address of the applicant;

(c) in the case of an applicant organization, the names of the principal officers of the organization or, if there are no principal officers, of the principal members of the organization;

(d) an address at which notices and communications under this Act and other communications will be accepted as served on or otherwise delivered to the individual or organization;

(e) a telephone number at which the applicant can be contacted;

(e.1) identification of the electoral district or electoral districts in relation to which the applicant wishes to be registered as a recall advertising sponsor;

(f) if the individual or organization wishes to sponsor petition period recall advertising, identification of the recall petition in relation to which the applicant wishes to be registered as a recall advertising sponsor;

(g) any other information required by regulation to be included.

(3) An application must

(a) be signed, as applicable, by the individual applicant or, in the case of an applicant organization, by 2 principal officers of the organization or, if there are no principal officers, by 2 principal members of the organization, and

(b) be accompanied by a signed statement of an individual who signed the application under paragraph (a) that the applicant

(i) is not prohibited from being registered by section 146, and

(ii) does not intend to sponsor recall advertising for any purpose related to circumventing the provisions of this Act limiting the value of recall expenses that may be incurred by an authorized participant.

(4) The chief electoral officer may require applications to be in a specified form.

(5) As soon as practicable after receiving an application, if satisfied that the requirements of this section are met by an applicant, the chief electoral officer must register the applicant as a recall advertising sponsor in relation to the electoral district or electoral districts identified under subsection (2) (e.1) in the register maintained by the chief electoral officer for this purpose.

(6) If there is any change in the information referred to in subsection (2) for a registered recall advertising sponsor, the recall advertising sponsor must file with the chief electoral officer written notice of the change within 15 days after it occurs.

(7) A notice or other communication that is required or authorized under this Act to be given to a recall advertising sponsor is deemed to have been given if it is delivered to the applicable address filed under this section with the chief electoral officer.

(8) As soon as practicable after the registration of a recall advertising sponsor, the chief electoral officer must advise the recall advertising sponsor of the current applicable amount under section 146.10.

Obligations of recall advertising sponsor

145   (1) The identification of a recall advertising sponsor referred to in section 137 must be a name filed by the recall advertising sponsor under section 144 with the chief electoral officer.

(2) A recall advertising sponsor must maintain records of the following information in respect of contributions received by the recall advertising sponsor:

(a) in the case of anonymous contributions, the date on which the contributions were received, the total amount received on each date and, if applicable, the event at which they were received;

(b) in other cases, the information referred to in section 120 (1) (a) to (c) and the written contributor confirmations and contributor consents obtained under section 146.08 (3).

Limit on registration

146   An individual or organization who is subject to a penalty under this Part or for whom a required report under this Part is not filed is not entitled to be registered as a recall advertising sponsor until all such outstanding reports are filed and all such outstanding penalties are paid.

Voluntary deregistration

146.01   (1) A registered recall advertising sponsor may apply to the chief electoral officer for deregistration in accordance with this section.

(2) As an exception, a recall advertising sponsor may not apply for deregistration under this section if the recall advertising sponsor is subject to deregistration under this Part or has not yet paid a penalty under this Part.

(3) An application for deregistration must be in writing and must be signed, as applicable,

(a) by the individual applicant, or

(b) in the case of an applicant organization, by 2 principal officers of the organization or, if there are no principal officers, by 2 principal members of the organization.

(4) On being satisfied that an application for deregistration is authorized by the recall advertising sponsor, the chief electoral officer must deregister the recall advertising sponsor.

(5) As a limit on subsection (4), if outside of a recall petition period a registered recall advertising sponsor has sponsored non-petition period recall advertising or if during a recall petition period a registered recall advertising sponsor has sponsored petition period recall advertising, the recall advertising sponsor must not be deregistered until the recall advertising disclosure report for the recall advertising sponsor has been filed.

Deregistration on becoming authorized participant

146.02   A registered recall advertising sponsor is deregistered in relation to an electoral district on the date that the sponsor becomes an authorized participant for a recall petition that is to be issued for the recall of the Member for that electoral district under section 107 (1).

Reregistration

146.03   In order to be reregistered, an individual or organization must file any outstanding reports and pay any outstanding penalties under this Part.

Sponsorship contributions

146.04   (1) Subject to this section and sections 146.05 to 146.07, a sponsorship contribution is a contribution, in relation to which the contributor has provided a contributor confirmation and contributor consent, that is provided to a recall advertising sponsor, whether provided before or after the recall advertising sponsor sponsors recall advertising.

(2) If property or services are

(a) provided to a recall advertising sponsor at less than market value, or

(b) acquired from a recall advertising sponsor at greater than market value,

the difference between the market value of the property or services at the time provided and the amount charged is a sponsorship contribution.

(3) The value of the following is not a sponsorship contribution:

(a) services provided by a volunteer;

(b) property of a volunteer if it is provided or used in relation to the services of the individual as a volunteer;

(c) publishing without charge news, an editorial, an interview, a column, a letter or a commentary in a bona fide periodical publication or a radio or television program;

(d) broadcasting time provided, without charge, as part of a bona fide public affairs program;

(e) producing, promoting or distributing a publication for no less than its market value, if the publication was planned to be sold regardless of the recall petition.

Loans and guarantees to recall advertising sponsors

146.05   (1) This section applies to recall advertising sponsors that are required to file disclosure reports under section 146.19, 147 or 148.01.

(2) A permissible loan, or a guarantee for a permissible loan, to a recall advertising sponsor is not a sponsorship contribution.

(3) A permissible loan, or a guarantee for a permissible loan, to a recall advertising sponsor must be made only by a savings institution.

(4) A recall advertising sponsor must not accept a loan other than a permissible loan.

(5) A savings institution must not make to a recall advertising sponsor a loan other than a permissible loan.

(6) A recall advertising sponsor must not accept a guarantee for a permissible loan unless the guarantee is provided with non-preferential treatment.

(7) A savings institution must not make or accept a guarantee for a permissible loan to a recall advertising sponsor unless the guarantee is provided with non-preferential treatment.

(8) Despite subsection (2), a permissible loan to a recall advertising sponsor is a sponsorship contribution if a savings institution does not make commercially reasonable efforts to collect or enforce the loan.

Debts

146.06   (1) In this section, "debt" means a debt, other than a debt arising from a permissible loan, that is owed by a recall advertising sponsor in relation to sponsoring recall advertising.

(2) A debt is a sponsorship contribution if

(a) the debt remains unpaid 6 months after becoming due and payable, and

(b) the creditor does not make commercially reasonable efforts to collect or recover the debt.

(3) For certainty, nothing in this section affects the rights of a creditor in relation to a debt that becomes a sponsorship contribution under this section.

Sponsorship contributions through fundraising functions

146.07   (1) A charge per individual for a fundraising function held by or on behalf of a recall advertising sponsor is a sponsorship contribution if the recall advertising sponsor obtains a contributor confirmation and contributor consent for that amount.

(2) If the amount paid for property or services offered for sale at a fundraising function held by or on behalf of a recall advertising sponsor is greater than the market value of the property or services, the difference between the amount paid and the market value at the time the amount is agreed to be paid is a sponsorship contribution if the recall advertising sponsor obtains a contributor confirmation and contributor consent for that amount.

(3) The value of property or services, or both, donated by an individual for sale at a fundraising function held by or on behalf of a recall advertising sponsor is a sponsorship contribution if the recall advertising sponsor obtains a contributor confirmation and contributor consent for that donation unless the property or services are used for sale at the fundraising function.

Making and using sponsorship contributions

146.08   (1) A person must not make a sponsorship contribution unless the person is an eligible individual.

(2) A recall advertising sponsor must not use a contribution that is not a sponsorship contribution to sponsor recall advertising.

(3) Before a recall advertising sponsor may use a contribution to sponsor recall advertising, the recall advertising sponsor must obtain from the contributor the following in writing:

(a) a confirmation from the contributor that the contributor is an eligible individual;

(b) consent from the contributor that the recall advertising sponsor may use all or part of the contribution to sponsor recall advertising in one or more identified electoral districts.

(4) If a contributor does not provide a contributor confirmation and contributor consent, the contribution is not a sponsorship contribution.

(5) A recall advertising sponsor must not use a sponsorship contribution to sponsor recall advertising in an electoral district not identified by the contributor under subsection (3) (b).

Contributor confirmation and consent in relation to sponsorship contributions

146.09   (1) A contributor may provide a contributor confirmation and contributor consent

(a) at the time the contributor makes a contribution, or

(b) after the date the contributor makes a contribution but before the earlier of the following:

(i) the date that is 24 months after the date the contributor made the contribution;

(ii) the date the recall advertising sponsor uses the contribution.

(2) A recall advertising sponsor

(a) may request the contributor to provide a contributor confirmation and contributor consent, and

(b) must, when making that request, advise the contributor whether the contributor has previously provided a contributor consent for one or more contributions in the applicable calendar year, and, if so, the amount of those contributions.

(3) A recall advertising sponsor that does not obtain a contributor confirmation and contributor consent must not use any part of the contribution to sponsor recall advertising.

Sponsorship contribution limits

146.10   (1) An eligible individual must not, in a calendar year, make sponsorship contributions that have a total value greater than the amount that is applicable for the year under section 235.05 (4) or (5) of the Election Act to any one recall advertising sponsor.

(2) For certainty, subsection (1) applies even if the recall advertising sponsor is registered as a recall advertising sponsor in relation to more than one electoral district.

(3) A recall advertising sponsor must not accept

(a) from an eligible individual, in a calendar year, sponsorship contributions that have a total value greater than the amount that is applicable for the year under section 235.05 (4) or (5) of the Election Act, or

(b) a sponsorship contribution that the recall advertising sponsor has reason to believe is made in contravention of this Act.

(4) If 2 or more recall advertising sponsors sponsor recall advertising in combination, the recall advertising sponsors must not use sponsorship contributions from a single contributor that exceed the limit set in subsection (3) (a) for that sponsorship.

Restrictions on sponsorship contributions

146.11   (1) An individual or organization must not make a sponsorship contribution indirectly by giving money, or providing property or services without compensation, to a person

(a) for that person to make a sponsorship contribution, or

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

(2) An individual must not make a sponsorship contribution with money, property or services of any other person.

(3) Despite subsections (1) and (2), an individual may make a sponsorship contribution with money, property or services of another individual, if that other individual is an eligible individual, but must disclose to the recall advertising sponsor required to record the contribution under section 145 (2) the full name and address of the eligible individual whose money, property or services are being used.

Limits on anonymous sponsorship contributions

146.12   (1) In respect of petition period recall advertising in relation to a recall petition, a recall advertising sponsor must not use anonymous sponsorship contributions

(a) such that the total value of the anonymous sponsorship contributions is greater than the applicable amount under section 235.06 (1) (a) (i) of the Election Act, or

(b) in combination with one or more recall advertising sponsors such that the total value of the anonymous sponsorship contributions is greater than the applicable amount under section 235.06 (1) (b) (i) of the Election Act.

(2) In respect of non-petition period recall advertising, a recall advertising sponsor must not use anonymous sponsorship contributions

(a) such that the total value of the anonymous sponsorship contributions is greater than the applicable amount under section 235.06 (1) (a) (i) of the Election Act, in a calendar year, or

(b) in combination with one or more recall advertising sponsors such that the total value of the anonymous sponsorship contributions is greater than the applicable amount under section 235.06 (1) (b) (i) of the Election Act, in a calendar year.

(3) A recall advertising sponsor must not use as an anonymous sponsorship contribution an anonymous sponsorship contribution that has a value greater than the applicable amount under section 235.06 (3) of the Election Act.

(4) Sections 146.08 (2) and (3) and 146.09 (3) of this Act do not apply to anonymous sponsorship contributions.

Prohibited sponsorship contributions must be returned

146.13   (1) If a recall advertising sponsor becomes aware that a contribution was made or accepted as a sponsorship contribution in contravention of this Act, the recall advertising sponsor must, within 14 days after the recall advertising sponsor becomes aware of the contravention, return to the contributor

(a) the contribution, or

(b) an amount equal to the value of the contribution.

(2) If a recall advertising sponsor is not able to comply with subsection (1), the recall advertising sponsor must not use the contribution to sponsor recall advertising.

Sponsorship contributions over specified amount

146.14   An eligible individual must not make, and a recall advertising sponsor must not accept, a sponsorship contribution of money in an amount greater than the applicable amount under section 235.07 of the Election Act, except by means of

(a) a cheque with the name of the contributor legibly shown on it and drawn on an account in the contributor's name maintained in a savings institution,

(b) a money order with the name of the contributor legibly shown on it and signed by the contributor,

(c) a credit card in the name of the contributor, or

(d) an electronic transfer of funds from an account in the contributor's name maintained in a savings institution.

Petition period recall advertising limits

146.15   (1) In respect of a recall petition, an individual or organization other than an authorized participant must not sponsor, directly or indirectly, petition period recall advertising during the petition period

(a) such that the total value of that petition period recall advertising is greater than the applicable amount under subsection (2) or (3), or

(b) in combination with one or more individuals or organizations, or both, such that the total value of that petition period recall advertising is greater than the applicable amount under subsection (2) or (3).

(2) For a recall petition period that begins in 2018, the applicable amount for subsection (1) (a) and (b) is $5 000.

(3) Sections 186.01 (3) and 270.01 (2) of the Election Act apply to adjust the amounts under this section.

Penalties for exceeding advertising limit

146.16   (1) Unless relief is granted by a court under section 146.17, if a recall advertising sponsor exceeds a petition period recall advertising limit, the recall advertising sponsor

(a) must pay to the chief electoral officer a penalty of 10 times the amount by which the value of the petition period recall advertising sponsored by the recall advertising sponsor exceeds the limit, and

(b) is deregistered as a recall advertising sponsor under this Part and is not entitled to be reregistered as a recall advertising sponsor until the penalty referred to in paragraph (a) is paid.

(2) In the case of a recall advertising sponsor that is an unincorporated organization, the members of the organization are jointly and severally liable to pay the penalty under subsection (1) (b).

(3) A penalty referred to in subsection (1) is effective as follows:

(a) if no application under section 146.17 is made in respect of the recall advertising sponsor, at the end of the period for making such an application;

(b) if, on the final determination of an application under section 146.17, the court refuses to grant relief from the penalty, at the time of that determination.

Court order for relief from advertising limit

146.17   (1) A recall advertising sponsor may apply to the Supreme Court in accordance with this section for relief from penalties under section 146.16.

(2) An application may be made only within 58 days after the end of the recall petition period for the recall petition in relation to which the petition period recall advertising limit was exceeded.

(3) The petition commencing an application must be served on the chief electoral officer within 7 days after it is filed and the chief electoral officer is a party to the application.

(4) On the hearing of an application, the court may

(a) grant relief from a penalty if the court considers that, in relation to the non-compliance, the recall advertising sponsor acted in good faith, or

(b) refuse to grant relief.