Definition

1   In this regulation, "Act" means the Local Elections Statutes Amendment Act, 2014.

Disclosure statements for the 2014 general local election other than for campaign organizer

2   (1) If a candidate was a campaign organizer, a candidate disclosure statement for the 2014 general local election must include a statement that the candidate was a campaign organizer.

(2) If an elector organization was a campaign organizer, an elector organization disclosure statement for the 2014 general local election must include

(a) a statement that the elector organization was a campaign organizer,

(b) the name, abbreviation and acronym of the campaign organizer, and

(c) if different from the information provided under paragraph (b), the legal name of the campaign organizer.

(3) If a third party sponsor was a campaign organizer, a third party sponsor disclosure statement for the 2014 general local election must include

(a) a statement that the third party sponsor was a campaign organizer, and

(b) if the third party sponsor is an organization,

(i) the name, abbreviation and acronym of the campaign organizer, and

(ii) if different from the information provided under subparagraph (i), the legal name of the campaign organizer.

Campaign organizer disclosure statement

3   The following information is prescribed for purposes of section 210 (2) (g) [transition – campaign organizer disclosure statement] of the Act:

(a) if a campaign organizer is an individual,

(i) the full name of the campaign organizer and, if this is different, the usual name of the campaign organizer,

(ii) the required contact information of the campaign organizer, and

(iii) if the campaign organizer appointed a financial agent, the full name and required contact information of each individual who acted as financial agent of the campaign organizer;

(b) if a campaign organizer is an organization,

(i) the name, abbreviation and acronym of the campaign organizer,

(ii) if different from the information provided under subparagraph (i), the legal name of the campaign organizer,

(iii) the full name and required contact information of each individual who acted as financial agent of the campaign organizer, and

(iv) the full name of the chief official of the campaign organizer and an address and telephone number at which the chief official can be contacted.

Required declaration of campaign organizer

4   (1) Subject to subsection (3) of this section, a campaign organizer disclosure statement for the 2014 general local election must include a signed declaration of each of the individuals referred to in subsection (2) of this section, that, to the best of the knowledge and belief of the individual making the declaration, the statement completely and accurately discloses the information required under section 210 [transition — campaign organizer disclosure statement] of the Act.

(2) As applicable, declarations of the following individuals are required for purposes of subsection (1):

(a) in the case of a disclosure statement in relation to a campaign organizer who is an individual,

(i) the individual, and

(ii) the financial agent of the individual, if the individual appointed a financial agent;

(b) in the case of a disclosure statement in relation to a campaign organizer that is an organization,

(i) the financial agent of the campaign organizer, and

(ii) the chief official of the campaign organizer.

(3) If an application has been made under section 91 [court order for relief from filing obligations] of the Local Government Act in relation to the disclosure statement, a declaration under subsection (1) of this section may be modified to indicate the deficiencies in the statement for which relief is being sought in the application.

Definitions

4.1   In this Division:

"local community commissioner candidate" means a candidate for the office of local community commissioner;

"recording requirements" means the applicable requirements and obligations under section 22 [recording requirements, including records of campaign contributions, election expenses and transfers] of the Local Elections Campaign Financing Act.

[en. B.C. Reg. 194/2014, Sch. 2, s. 3.]

Financial agents for local community commissioner candidates

4.2   (1) If, on the date this Division comes into force, an individual is a financial agent appointed by a local community commissioner candidate in relation to the 2014 general local election in accordance with the requirements of the former legislation, the individual

(a) may continue to act as financial agent for the local community commissioner candidate until 14 days after the date this Division comes into force, and

(b) must be appointed by the local community commissioner candidate, in accordance with the requirements of the new legislation on or before the date referred to in paragraph (a) in order to continue to act as financial agent for the local community commissioner candidate.

(2) If the individual referred to in subsection (1) is not reappointed as financial agent for the local community commissioner candidate in accordance with the requirements of the new legislation on or before the date referred to in subsection (1) (a), the individual must, as soon as practicable, provide to the local community commissioner candidate for whom the individual was the financial agent all records and material that the individual has in relation to the election campaign of the local community commissioner candidate.

(3) If, on the date this Division comes into force, an individual is a financial agent appointed by a local community commissioner candidate in relation to the 2014 general local election in accordance with the requirements of the new legislation, the individual is deemed to have been appointed under the new legislation.

(4) An individual who contravenes subsection (2) commits an offence.

(5) Section 86 [lower penalty offences] of the Local Elections Campaign Financing Act applies to an offence under subsection (2).

[en. B.C. Reg. 194/2014, Sch. 2, s. 3.]

Campaign accounts of local community commissioner candidates

4.3   (1) If, on the date this Division comes into force, a campaign account of a local community commissioner candidate includes

(a) campaign contributions that were permitted under the former legislation but are not permitted under the new legislation, or

(b) a transfer or deposit that was permitted under the former legislation but is not permitted under the new legislation,

the money may remain in the campaign account and be used in accordance with the new legislation.

(2) If, on the date this Division comes into a force, a local community commissioner candidate does not have a campaign account, the financial agent for the local community commissioner candidate must, as soon as practicable,

(a) establish a campaign account, and

(b) use best efforts to deposit into the campaign account all campaign contributions received or accepted before the date this Division comes into force.

[en. B.C. Reg. 194/2014, Sch. 2, s. 3.]

Recording requirements in respect of local community commissioner candidates in the 2014 general local election

4.4   (1) For the purposes of applying the new recording requirements in relation to the 2014 general local election in respect of

(a) campaign contributions received or accepted before the date this Division comes into force,

(b) transfers made or accepted before the date this Division comes into force,

(c) property or services as described in section 13 (6) [campaign contributions to candidate or elector organization] of the Local Elections Campaign Financing Act transferred or provided before the date this Division comes into force, and

(d) election expenses used or incurred before the date this Division comes into force,

the recording requirements are satisfied if the financial agent for the local community commissioner candidate uses best efforts to comply with the recording requirements.

(2) Section 22 (3) and (4) [recording requirements, including records of campaign contributions, election expenses and transfers] of the Local Elections Campaign Financing Act applies to records created under the former legislation in relation to the 2014 general local election.

(3) An individual who contravenes the provisions referred to in subsection (2) as they apply under that subsection commits an offence.

(4) Section 86 [lower penalty offences] of the Local Elections Campaign Financing Act applies to an offence under subsection (2).

[en. B.C. Reg. 194/2014, Sch. 2, s. 3.]

Disclosure requirements in respect of local community commissioner candidates in the 2014 general local election

4.5   For the purposes of filing a disclosure statement or supplementary report under the Local Elections Campaign Financing Act in relation to the 2014 general local election in respect of

(a) campaign contributions received or accepted before the date this Division comes into force,

(b) campaign account transactions that occurred before the date this Division comes into force,

(c) property or services as described in section 13 (6) [campaign contributions to candidate or elector organization] of the Local Elections Campaign Financing Act transferred or provided before the date this Division comes into force,

(d) election expenses used or incurred before the date this Division comes into force,

(e) election proceedings period expenses used or incurred before the date this Division comes into force, and

(f) exclusions from elections proceedings period expenses used or incurred before the date this Division comes into force,

the disclosure requirements are satisfied if the financial agent for the local community commissioner candidate uses best efforts to comply with the disclosure requirements.

[en. B.C. Reg. 194/2014, Sch. 2, s. 3.]

Disqualification lists to be maintained

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

(a) in relation to elector organization disqualification, the organizations that are subject to disqualification penalties under section 211 (1) (b) [transition — disqualification] of the Act;

(b) in relation to third party sponsor disqualification, the individuals and organizations that are subject to disqualification penalties under section 211 (1) (c) of the Act.

(2) The disqualification lists under subsection (1) must be available for public inspection at the Elections BC office during its regular office hours.

Campaign account deposits valid

5.1   Amounts deposited into a campaign account of a candidate, including a local community commissioner candidate, or elector organization on or after May 29, 2014 that would have been valid had sections 9 (3) (a), (b) and (c) and 10 (a) and (b) of the Local Elections Campaign Financing Regulation, B.C. Reg. 106/2014, been in force at the time the amounts were deposited are deemed to have been validly deposited.

[en. B.C. Reg. 152/2014, Sch. 2; am. B.C. Reg. 194/2014, Sch. 2, s. 5.]

Nomination documents and endorsement documents respecting the 2014 general local election

5.2   (1) After the end of the period for conducting a judicial recount, the designated local government officer, under the Local Government Act, and the City Clerk, under the Vancouver Charter, must retain all nomination documents and endorsement documents that were filed with the chief election officer, or a person designated by the chief election officer, until December 31, 2015, for

(a) the 2014 general local election, and

(b) any by-election with a general voting day before December 31, 2015.

(2) For the purposes of subsection (1),

(a) section 150 (6) (f) [retention and destruction of election materials] of the Local Government Act does not apply to nomination documents and endorsement documents that were filed with the chief election officer, or a person designated by the chief election officer, for

(i) the 2014 general local election, or

(ii) any by-election with a general voting day before December 31, 2015,

in respect of elections under the Local Government Act, and

(b) section 122 (6) (f) [retention and destruction of election materials] of the Vancouver Charter does not apply to nomination documents and endorsement documents that were filed with the chief election officer, or a person designated by the chief election officer, for

(i) the 2014 general local election, or

(ii) any by-election with a general voting day before December 31, 2015,

in respect of elections under the Vancouver Charter.

(3) For certainty, if the BC chief electoral officer requires, under section 76 (c) [additional specific powers to require information] of the Local Elections Campaign Financing Act, a local authority to provide to the BC chief electoral officer the original of a record and the local authority complies with that requirement, the local authority is not in contravention of any record keeping obligations under the Act, the Local Elections Campaign Financing Act, the Local Government Act or the Vancouver Charter.

[en. B.C. Reg. 208/2014.]

Sunset provision

6   This regulation is repealed on December 31, 2015.