Bill 42 — 2008: Election Amendment Act, 2008

HONOURABLE WALLY OPPAL
ATTORNEY GENERAL AND MINISTER
RESPONSIBLE FOR MULTICULTURALISM

BILL 42 — 2008

ELECTION AMENDMENT ACT, 2008

HER MAJESTY, by and with the advice and consent of the Legislative Assembly of the Province of British Columbia, enacts as follows:

SECTION 1: [Election Act, section 1] is self-explanatory.

1 Section 1 of the Election Act, R.S.B.C. 1996, c. 106, is amended by repealing the definition of "conduct".

SECTION 2: [Election Act, section 12] adds a positive obligation on the chief electoral officer to enforce the Act.

SECTION 3: [Election Act, section 18] clarifies that more than one deputy district electoral officer may be appointed.

(b) one or more deputy district electoral officers, who are to assist the district electoral officer. ,

(b) in subsection (1.1) by striking out "a deputy district electoral officer" and substituting "one or more deputy district electoral officers", and

(2.1) If more than one deputy district electoral officer is appointed for an electoral district, the chief electoral officer must designate which deputy district electoral officer is to act for the purposes of subsection (2).

SECTION 4: [Election Act, section 28] shortens the deadline for publication of the notice of an election.

4 Section 28 (1) is amended by striking out "11 days" and substituting "8 days".

SECTION 5: [Election Act, section 33] is consequential to the addition of section 41.1 to the Act by this Bill.

SECTION 6: [Election Act, section 34] is consequential to the addition of section 41.1 to the Act by this Bill.

6 Section 34 (2) (b) is amended by adding "or 41.1 (2) (b)" after "section 41 (2) (b)".

SECTION 7: [Election Act, section 36] authorizes registration by providing orally the information and confirmation required under section 35 of the Act.

(ii) a district registrar of voters or another voter registration official authorized by a district registrar of voters, or

(b) providing orally to a district registrar of voters or another voter registration official authorized by a district registrar of voters

(ii) confirmation that the applicant meets the requirements of section 31 to be registered as a voter.

SECTION 8: [Election Act, section 41] changes requirements respecting the production of identity documents.

(3) For the purposes of subsection (2) (b), an applicant may produce to the election official

(a) one document, issued by the Government of British Columbia or Canada, that contains the applicant's name and photograph, and place of residence,

(b) one document, issued by the Government of Canada, that certifies that the applicant is registered as an Indian under the Indian Act (Canada), or

(c) at least 2 documents of a type authorized by the chief electoral officer, both of which contain the applicant's name and at least one of which contains the applicant's place of residence.

(3.1) The chief electoral officer must publish each year, in a manner that he or she considers appropriate, a notice setting out the types of documents that are authorized for the purposes of subsection (3) (c).

SECTION 9: [Election Act, sections 41.1 and 41.2] provides for confirmation of identity and place of residence in respect of applicants who do not have sufficient documentation, and authorizes challenges to applications for voter registration in conjunction with voting.

Registration in conjunction with voting
if no identification documents

41.1 (1) In this section, "voucher" means a person, other than the applicant, referred to in subsection (2).

(2) Despite section 41, an applicant who is unable to produce the documents referred to in section 41 (3) may be registered as a voter in conjunction with voting if

(a) the applicant delivers an application form completed in accordance with section 35 to the district electoral officer or an election official authorized by the district electoral officer, and

(b) both the identity and place of residence of the applicant are confirmed in accordance with subsection (3) of this section by

(i) a voter registered in the applicant's electoral district of residence who has produced documents referred to in section 41 (3),

(ii) a spouse, a parent, a grandparent, or an adult child, grandchild or sibling, of the applicant, or

(iii) a person having authority under the common law or an enactment to make personal care decisions in respect of the applicant.

(3) The applicant and the voucher must each make a solemn declaration, in writing, as to the applicant's identity and place of residence within the meaning of section 32, and stating all of the following:

(i) that the applicant meets all the qualifications to be registered as a voter of the electoral district, and

(i) that the voucher is a person described in subsection (2) (b) (ii) or (iii), as applicable, and setting out the nature of the relationship to the applicant, and

(4) A voucher may make a confirmation under subsection (3) in the same election,

(a) if the voucher is a voucher described in subsection (2) (b) (i), in respect of only one applicant,

(b) if the voucher is a voucher described in subsection (2) (b) (ii), in respect of only one or more applicants who are members of the voucher's family, or

(c) if the voucher is a voucher described in subsection (2) (b) (iii), in respect of only one or more applicants for whom the voucher has authority as described in that subsection.

(5) A person who has been confirmed under subsection (3) may not confirm another applicant at the same election.

(ii) the penalties for which the applicant and the voucher may be liable for a contravention of those requirements, and

(b) note on the application that a confirmation was made for the purposes of registration.

(7) If satisfied that the applicant is entitled to be registered as a voter, the election official responsible must accept the individual's application for registration.

Challenge of registration

41.2 (1) An individual's right to register under section 41 or 41.1 may be challenged in accordance with this section at any time during the registration procedure up until the time the individual's application for registration is accepted by the election official responsible.

(a) only by an election official, a candidate representative or a voter for the electoral district, and

(b) only on the basis that the individual applying to register is not entitled to register.

(3) In relation to a challenge under this section, the election official responsible must record on the application

SECTION 10: [Election Act, section 42] adds a requirement for enumeration by residence- to-residence visitation before each regularly scheduled general election.

Enumerations

42 (1) For the purposes of a general election conducted in accordance with section 23 (2) of the Constitution Act, the chief electoral officer must conduct, by residence-to-residence visitation before the general election, enumerations of all electoral districts.

(2) For any purpose other than a general election referred to in subsection (1), the chief electoral officer may require or authorize one or more district registrars of voters to conduct enumerations of all or part of their electoral districts.

(3) An enumeration under subsection (2) of this section may be conducted by residence-to-residence visitation or by another method directed or authorized by the chief electoral officer.

SECTION 11: [Election Act, section 48] removes the requirement to provide paper copies of voters lists except to candidates who cannot use an electronic copy.

(a) in paragraph (a) by striking out "with 2 printed copies and, if available, one electronic copy" and substituting "with one electronic copy", and

(b) if requested by a candidate who is not able to use the electronic copy provided under paragraph (a), the district registrar of voters must provide the candidate with one printed copy of each of the preliminary list of voters and the revised list of voters for the electoral district.

SECTION 12: [Election Act, section 53] increases the number of voters needed to make a nomination.

12 Section 53 (1) is amended by striking out "25 voters" and substituting "75 voters".

SECTION 13: [Election Act, section 55] increases the amount of a nomination deposit.

13 Section 55 (1) is amended by striking out "$100." and substituting "$250."

SECTION 14: [Election Act, section 56] amends the nomination period during an election.

(1) In order to make a nomination under this section, the nomination documents required by section 54 (2) and (3) must be received by the district electoral officer,

(a) in the case of a general election conducted in accordance with section 23 (2) of the Constitution Act, between the time the election is called and 1 p.m. on the 10th day after the election is called, or

(b) in the case of a by-election, or a general election that is not conducted in accordance with section 23 (2) of the Constitution Act, between 9 a.m. on the 6th day after the election is called and 1 p.m. on the 10th day after the election is called.

SECTION 15: [Election Act, section 57]

changes the period in which to file nomination papers with the chief electoral officer,
authorizes the chief electoral officer to issue certificates of candidacy only after an election is called,
requires the chief electoral officer to deliver copies rather than originals of nomination documents, and
removes the requirement for the chief electoral officer to deliver nomination documents in respect of persons whose nomination has been withdrawn.

(1) Nomination documents may be filed with the chief electoral officer at any time up until,

(a) in the case of a general election conducted in accordance with section 23 (2) of the Constitution Act, the end of the day before the date the election is called, or

(b) in the case of a by-election, or a general election that is not conducted in accordance with section 23 (2) of the Constitution Act, the end of the day before the nomination period begins under section 56. ,

(b) in subsection (8) by adding ", after the election is called," after "must issue",

(9) Subject to subsection (9.1), as soon as possible after the end of the period for making nominations under this section, the chief electoral officer must deliver to the applicable district electoral officer a copy of

(9.1) Subsection (9) does not apply in relation to an individual whose nomination is withdrawn under this Act. , and

SECTION 16: [Election Act, section 62] requires the district electoral officer to include identification requirements with the notice of election.

(d.1) the identification requirements for voting and for registering to vote in conjunction with voting; .

SECTION 17: [Election Act, section 64] shortens the deadline for withdrawal of a candidate.

17 Section 64 (1) is amended by striking out "general voting" and substituting "advance voting".

SECTION 18: [Election Act, section 70] adds observance of registration at the time of voting to the powers of a candidate representative.

18 Section 70 (1) is amended by adding ", registration at the time of voting" after "the conduct of voting".

SECTION 19: [Election Act, section 76] increases the hours of advance voting.

19 Section 76 (3) is amended by striking out "noon to 9 p.m." and substituting "8 a.m. to 8 p.m."

SECTION 20: [Election Act, sections 77 and 80] changes the term "special voting area" to a more descriptive term.

20 Sections 77 (4) and 80 (4) are amended by striking out "special voting area" and substituting "site-based voting area".

SECTION 21: [Election Act, section 86] removes the requirement for candidate approval before the chief electoral officer may modify a ballot to avoid confusion between candidate names.

21 Section 86 (4) is amended by striking out "and the approval of those candidates".

SECTION 22: [Election Act, section 96] adds a requirement to produce identity documents to obtain a ballot for general voting and provides for confirmation of identity and place of residence in respect of applicants who do not have sufficient documentation.

(a.1) the individual voting must provide the documents described in section 41 (3), or, if the individual does not have sufficient documentation, have the individual's identity and place of residence confirmed in accordance with section 41.1 and, for this purpose, section 41.1 (4) and (5) applies; .

SECTION 23: [Election Act, sections 97, 98, 99 and 104] is consequential to the amendment to section 96 of the Act by this Bill.

23 Sections 97 (2) (e), 98 (3) (d), 99 (2) (c) and 104 (3) (c) are amended by adding "the requirements referred to in section 96 (2) (a.1) and," before "if applicable".

SECTION 24: [Election Act, section 103] requires voting at the district electoral office to be available as soon as reasonably possible after an election is called.

(1) Voting under this Division must be available as soon as reasonably possible after an election is called.

SECTION 25: [Election Act, section 106] is consequential to the addition of section 41.1 to the Act by this Bill.

(g) if the individual is registering as a voter in conjunction with voting or is updating voter registration information, enclose in the outer envelope

(i) the application form and documents required by section 41 (2) and (3) or copies permitted by subsection (2) of this section, or

(ii) the application form and solemn declarations required by section 41.1 (2) and (3); .

SECTION 26: [Election Act, section 108] is consequential to the addition of section 41.1 to the Act by this Bill.

26 Section 108 (4) is amended by adding ", or the solemn declaration required under section 41.1 (3)," after "section 41 (3)".

SECTION 27: [Election Act, section 134] provides clarification for final count procedures.

27 Section 134 (3) is amended by adding "and, for this purpose, a reference in section 124 to a ballot is to be read as a reference to a certification envelope" after "of this section".

SECTION 28: [Election Act, section 136] provides grounds on which a recount may be requested and a deadline for making a request.

(b) if requested in writing within 3 days after general voting day by a candidate or the official agent of a candidate, and the request is made on

(ii) on the basis that the difference between the votes received by the candidate declared elected and the candidate with the next highest number of votes is 100 votes or fewer,

must recount some or all, as requested, of the ballots that were considered as part of the initial count.

SECTION 29: [Election Act, section 140] increases the time in which the court registry must notify an individual of the date, time and place at which a judicial recount is to be conducted.

29 Section 140 (1) is amended by striking out "24 hours" and substituting "72 hours".

SECTION 30: [Election Act, section 154] prohibits political parties and constituency associations from issuing tax receipts for political contributions received during any period in which their registration was suspended.

(3) If the registration of a political party or constituency association is suspended under this Act,

(a) during the period of the suspension the organization must not do anything otherwise authorized by subsection (1) or (2), and

(b) despite subsection (1), after the suspension is ended, the organization must not issue tax receipts in relation to political contributions received by the organization during the period of the suspension.

SECTION 31: [Election Act, section 155]

requires political parties and constituency associations to provide the names of individuals to whom communications are to be addressed;
requires political parties and constituency associations to provide the mailing addresses of principal officers;
requires political parties and constituency associations to provide savings account numbers.

(a) in paragraph (f) by adding "and the name of the person to whom" after "the address to which",

(b) in paragraph (g) by adding "and mailing addresses" after "the names", and

(c) in paragraph (j) by adding "and the account numbers" after "section 177 (2) (b)".

SECTION 32: [Election Act, section 157]

requires political parties and constituency associations to provide the names of individuals to whom communications are to be addressed;
requires political parties and constituency associations to provide the mailing addresses of principal officers;
requires political parties and constituency associations to provide savings account numbers.

(a) in paragraph (d) by adding "and the name of the person to whom" after "the address to which",

(b) in paragraph (e) by adding "and mailing addresses" after "the names", and

(c) in paragraph (h) by adding "and the account numbers" after "section 177 (2) (b)".

SECTION 33: [Election Act, section 159] authorizes the chief electoral officer to suspend the registration of a political party or constituency association until notice of a change in registration documents is filed.

(5) The chief electoral officer may suspend the registration of a political party or constituency association if the political party or constituency association does not file notice of a change in accordance with subsection (1), and the suspension continues until the notice is filed in accordance with subsection (2).

SECTION 34: [Election Act, section 162] excludes savings account numbers from information that must be made publicly available.

(b) in subsection (1) by striking out "The registers" and substituting "Subject to subsection (2), the registers", and

(2) The information available for public inspection under subsection (1) must not include the account numbers required under section 155 (3) (j) or 157 (3) (h), as applicable.

SECTION 35: [Election Act, section 170] requires final financial reports to be filed within 6 months after deregistration of an organization, and excludes organizations from filing audited reports if the organization has incurred less than $5 000 in expenses and received less than $5 000 in contributions since deregistration.

(a) in subsection (1) by adding "within 6 months of deregistration" after "that is deregistered must file", and

(3) The reports required under subsection (1) (a) and (b) must be audited, except in the case of

(a) a report for a constituency association that is required because an electoral district is disestablished, or

during the period from the date of the last report filed under section 207 up to and including the last day the organization was registered.

SECTION 36: [Election Act, section 171] requires surplus funds to be transferred to the chief electoral officer within 6 months after deregistration.

36 Section 171 (1) is amended by adding "within 6 months of deregistration" after "that is deregistered must".

SECTION 37: [Election Act, section 175] requires replacement financial agents to be appointed within 60 days of the end of the appointment of previous financial agents.

37 Section 175 (4) is amended by striking out "as soon as possible." and substituting "within 60 days."

SECTION 38: [Election Act, section 177] requires financial agents to record loans and to create separate accounts for each organization and individual for whom the financial agent is acting.

(a) in subsection (2) (a) by adding ", loans" after "contestant expenses", and

(2.1) For the purposes of subsection (2) (b), a financial agent must ensure that a separate account is established for each organization and each individual for whom the financial agent is acting.

SECTION 39: [Election Act, section 178] expands the authority of deputy financial agents to include filing reports under Parts 9 and 10 in the absence or incapability of the financial agent.

Deputy financial agents

178 (1) A financial agent may appoint one or more individuals as deputy financial agents for the purposes of issuing tax receipts and filing reports under Parts 9 and 10.

(3) For the purposes of this Part, the authority of a deputy financial agent as a deputy is limited to

(a) the issuing of income tax receipts and the receiving of political contributions for which these tax receipts are issued, and

(b) if the financial agent is absent or incapable of filing reports under Parts 9 and 10, the filing of those reports.

(4) A deputy financial agent has the same authority as a financial agent to exercise the powers and perform the duties referred to in subsection (3), and the same responsibilities as a financial agent in relation to them.

SECTION 40: [Election Act, section 179] requires replacement auditors to be appointed within 60 days.

40 Section 179 (2) is amended by striking out "as soon as possible." and substituting "within 60 days."

SECTION 41: [Election Act, section 180] expands the categories of transfers of money and other property, and services, which are not considered political contributions.

(a) in paragraph (a) by striking out "or" at the end of subparagraph (i), by adding ", or" at the end of subparagraph (ii) and by adding the following subparagraph:

(iii) a leadership contestant, in relation to that individual seeking the leadership of that party; ,

(b) in paragraph (b) by striking out "or" at the end of subparagraph (i), by adding ", or" at the end of subparagraph (ii) and by adding the following subparagraph:

(iii) another registered constituency association of the same registered political party; ,

(c) in paragraph (c) by striking out "or" at the end of subparagraph (ii), by adding ", or" at the end of subparagraph (iii) and by adding the following subparagraph:

(c.1) a transfer of money or other property from, or the provision of services by, a leadership contestant to the registered political party for which the leadership is sought; .

SECTION 42: [Election Act, section 183] expands the period in which election expenses apply, and makes language consistent with the wording of section 184.

(a) in subsection (1) by striking out "during a campaign period" and substituting "within the period beginning 120 days before a campaign period and ending at the end of the campaign period", and

SECTION 43: [Election Act, sections 183 and 184] clarifies that travel from an electoral district is a personal election expense of a candidate.

43 Sections 183 (4) (b) and 184 (4) (b) are amended by striking out "to or within" and substituting "to, within or from".

SECTION 44: [Election Act, section 186] removes the requirement for political contributions made by credit card to be signed, and authorizes political contributions to be made by electronic fund transfer.

44 Section 186 (1) (c) is amended by striking out "or" at the end of subparagraph (ii) and by repealing subparagraph (iii) and substituting the following:

(iv) an electronic transfer of funds from an account in the contributor's name maintained in a savings institution; .

SECTION 45: [Election Act, section 187] prohibits political contributions from federal political parties and electoral district associations from being accepted.

(1.1) A financial agent or an individual authorized under subsection (1) must not accept a political contribution from a political party or electoral district association that is registered under the Canada Elections Act.

SECTION 46: [Election Act, section 189] requires financial agents to recover, mark and retain tax receipts issued for prohibited contributions.

(3) A financial agent must use his or her best efforts to obtain the contributor's copy of any tax receipt issued for a political contribution referred to in subsection (1), and, if the tax receipt is obtained, the financial agent must

(b) retain the tax receipt for at least 5 years, or a longer period specified by the chief electoral officer, from the date the receipt was obtained.

SECTION 47: [Election Act, section 190] requires financial agents to record the due date of loans.

SECTION 48: [Election Act, section 193]

requires registered political parties and registered constituency associations to incur election expenses only through their financial agents or persons authorized by financial agents;
provides for persons who are authorized to incur election expenses to be reimbursed after producing receipts;
requires financial agents of registered political parties that incur contestant expenses on behalf of leadership contestants to notify the financial agents for those leadership contestants and provides that the expense must be included in the contestant's expenses.

(2) A registered political party must not incur an election expense or a leadership contestant expense except through its financial agent or an individual authorized in writing by the financial agent.

(2.1) A registered constituency association must not incur an election expense except through its financial agent or an individual authorized in writing by the financial agent. ,

(i) made out of the property of the organization or individual for whom it is incurred, or

(ii) reimbursed from the property described in subparagraph (i) on the production of receipts, and , and

(6) If a registered political party incurs a contestant expense on behalf of a leadership contestant,

(a) the financial agent of the registered political party must deliver, within 60 days after a leader is selected for that registered political party, to the financial agent of the leadership contestant a report of that contestant expense, and

(b) the contestant expense must be included in the contestant expenses of the leadership contestant.

SECTION 49: [Election Act, section 197] is consequential to the amendment to section 198 of the Act by this Bill.

SECTION 50: [Election Act, sections 198 and 199] sets a single election expenses limit for registered political parties and for candidates.

Election expenses limit for registered political parties

198 (1) In respect of a general election conducted in accordance with section 23 (2) of the Constitution Act, the total value of election expenses incurred by a registered political party

(a) during the period beginning 120 days before the campaign period must not exceed $2.2 million, and

(2) In respect of a general election conducted other than in accordance with section 23 (2) of the Constitution Act, the total value of election expenses incurred by a registered political party during the campaign period must not exceed $4.4 million.

(3) In respect of a by-election, the total value of election expenses incurred by a registered political party during the campaign period must not exceed $70 000.

(4) If a campaign period in an electoral district is extended under section 65 (2) as a result of the death of a candidate, the election expenses limit under subsection (1), (2) or (3) is increased by $70 000 in respect of the electoral district.

Election expenses limit for candidates

199 (1) In respect of a general election conducted in accordance with section 23 (2) of the Constitution Act, the total value of election expenses incurred by a candidate

(a) during the period beginning 120 days before the campaign period must not exceed $70 000, and

(2) In respect of a general election conducted other than in accordance with section 23 (2) of the Constitution Act, the total value of election expenses incurred by a candidate during the campaign period must not exceed $70 000.

(3) If a campaign period is extended under section 65 (2) as a result of the death of a candidate, the election expenses limit under subsection (1) or (2)

(a) applies to a candidate who is nominated after the date the new election proceedings are started, and

(b) is $140 000 for a candidate who was nominated before the new election proceedings were started.

SECTION 51: [Election Act, section 203] excludes from election expenses the expenses incurred in holding a fundraising function, and makes an amendment consequential to the amendment to section 199 of the Act by this Bill.

(f) subject to section 183 (3), expenses incurred in holding a fundraising function; , and

(b) in subsection (2) by striking out "purpose of calculating" and substituting "purpose of determining".

SECTION 52: [Election Act, section 204] is consequential to the amendments to sections 198 and 199 of the Act by this Bill.

(2) In respect of each general election conducted in accordance with section 23 (2) of the Constitution Act that is called after January 1, 2010, the chief electoral officer must establish, 120 days before the campaign period, the applicable election expense limit amounts for the election by

(a) determining the ratio between the consumer price index at January 1, 2010 and the consumer price index 120 days before the campaign period, and

(b) applying the ratio to adjust the amounts under sections 198 (1) and 199 (1).

(2.1) In respect of each general election conducted other than in accordance with section 23 (2) of the Constitution Act and each by-election that is called after January 1, 2010, the chief electoral officer must establish before the end of the nomination period the applicable election expense limit amounts for the election by

(a) determining the ratio between the consumer price index at January 1, 2010 and the consumer price index at the time the election is called, and

(b) applying the ratio to adjust the amounts under sections 198 (2) to (4) and 199 (2) and (3).

SECTION 53: [Election Act, sections 207, 209 and 210] requires transfers of goods and services to be reported, consistent with section 180 (6) of the Act.

53 Sections 207 (3) (d), 209 (2) (d) and 210 (2) (d) are amended by striking out "transfers of money," and substituting "transfers of money or other property or the provision of services,".

SECTION 54: [Election Act, section 207] requires financial agents to report the due date of loans, and to report information about all organizations controlled by the registered political party or registered constituency association represented by the financial agent.

(g) any loans or guarantees received by the organization during the year and any conditions attached to them, including

(ii) for loans referred to in section 181 (2), the information recorded under section 190 (4) other than the address of an individual; , and

(3.1) An annual financial report under subsection (2) must also include the information described under subsection (3) in relation to an organization primarily controlled by the registered political party or registered constituency organization.

SECTION 55: [Election Act, section 209] requires financial agents to report the due date of loans.

(e) any loans or guarantees received by the candidate for election expenses and any conditions attached to them, including

(ii) for loans referred to in section 181 (2), the information recorded under section 190 (4) other than the address of an individual; .

SECTION 56: [Election Act, section 210] requires financial agents to report the due date of loans, and to report information about all organizations controlled by the registered political party or registered constituency association represented by the financial agent.

(e) any loans or guarantees received by the organization for election expenses and any conditions attached to them, including

(ii) for loans referred to in section 181 (2), the information recorded under section 190 (4) other than the address of an individual; , and

(2.1) An election financing report must also include the information described under subsection (2) in relation to an organization primarily controlled by the registered political party or registered constituency organization.

SECTION 57: [Election Act, section 211] requires financial agents to report contestant expenses incurred by or on behalf of a leadership contestant, the due date of loans, and the transfers made or received by the leadership contestant.

(a) the contestant expenses incurred by or on behalf of the leadership contestant;

(c) any loans or guarantees received by the leadership contestant for contestant expenses and any conditions attached to them, including

(ii) for loans referred to in section 181 (2), the information recorded under section 190 (4) other than the address of an individual;

(d.1) any transfers of money or other property made or received by, or provision of services by or to, a leadership contestant under section 180 (6); .

SECTION 58: [Election Act, section 213] requires reports under Part 10 of the Act to be prepared in accordance with the regulations, or if no regulations apply, with generally accepted accounting principles.

58 Section 213 (1) is amended by adding "the regulations, or, if no regulations apply," after "in accordance with".

SECTION 59: [Election Act, section 228] clarifies the definition of "election advertising".

59 Section 228 is amended by repealing the definition of "election advertising" and substituting the following:

"election advertising" means the transmission to the public by any means, during the period beginning 120 days before a campaign period and ending at the end of the campaign period, of an advertising message that promotes or opposes, directly or indirectly, a registered political party or the election of a candidate, including an advertising message that takes a position on an issue with which a registered political party or candidate is associated, 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 an election,

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

SECTION 60: [Election Act, section 228.1] requires landlords and strata corporations to permit tenants and strata owners to post election advertising, and permits landlords and strata corporations to set limits on election advertising.

Tenant and strata election advertising

228.1 (1) A landlord or person acting on a landlord's behalf must not prohibit a tenant from displaying election advertising posters on the premises to which the tenant's tenancy agreement relates.

(2) A strata corporation or any agent of a strata corporation must not prohibit the owner or tenant of a strata unit from displaying election advertising posters on the premises of his or her unit.

(3) Despite subsections (1) and (2), a landlord, a person, a strata corporation or an agent referred to in that subsection may

(a) set reasonable conditions relating to the size or type of election advertising posters that may be displayed on the premises, and

(b) prohibit the display of election advertising posters in common areas of the building in which the premises are found.

SECTION 61: [Election Act, section 231]

authorizes the name of a registered political party's financial agent to be identified on election advertising rather than the name of a candidate's financial agent,
provides that the section does not apply to exempted classes of election advertising, and
authorizes the chief electoral officer to remove and destroy, or order a person to remove or discontinue, and destroy, election advertising that contravenes the section.

(b) in subsection (1) by striking out "An individual or organization must not sponsor or conduct any election advertising" and substituting "Subject to subsection (2), an individual or organization must not sponsor, or publish, broadcast or transmit to the public, any election advertising",

(a) identifies the name of the sponsor or, in the case of a candidate, the name of the candidate's financial agent or the financial agent of the registered political party represented by the candidate, , and

(2) Subsection (1) does not apply to any class of election advertising exempted under section 283.

(3) The chief electoral officer, or a person acting on the direction of the chief electoral officer, may

any election advertising that does not meet the requirements of subsection (1) and is not exempted under subsection (2).

SECTION 62: [Election Act, section 233] prohibits, with some exceptions, the conduct of election advertising on general voting day.

Prohibition against certain election advertising on general voting day

233 (1) An individual or organization must not publish, broadcast or transmit to the public election advertising in an electoral district on general voting day before the close of all of the voting stations in the electoral district.

(2) An individual or organization must not sponsor or agree to sponsor in an electoral district election advertising that is or is to be published, broadcasted or transmitted to the public on general voting day before the close of all of the voting stations in the electoral district, whether the publication, broadcast or transmission is within British Columbia or outside British Columbia.

(3) Subject to section 234 (2) (a), subsections (1) and (2) do not apply in respect of any of the following:

(a) a notice of an event that the leader of a registered political party intends to attend or an invitation to meet or hear the leader of a registered political party;

(b) a message that was transmitted to the public on the internet before general voting day and that was not changed before the close of all of the voting stations in the electoral district;

SECTION 63: [Election Act, section 233.1] prohibits publication, broadcasting or transmission of previously unpublished election survey results on general voting day.

Prohibition against transmitting new poll results on general voting day

233.1 (1) In this section, "election opinion survey" means an opinion survey respecting an election or a matter of public discussion in relation to the election, including an opinion survey respecting an issue discussed publicly in the election.

(2) An individual or organization must not publish, broadcast or transmit to the public, in an electoral district on general voting day before the close of all of the voting stations in the electoral district, the results of an election opinion survey that have not previously been made available to the public.

SECTION 64: [Election Act, section 234] is consequential to the repeal of the definition of "conduct" in section 1 of the Act by this Bill.

64 Section 234 (4) is amended by striking out "conduct election advertising" and substituting "publish, broadcast or transmit to the public election advertising".

SECTION 65: [Election Act, heading to Division 2 of Part 11] adds a description to the heading, consequential to the addition of sections 235.1 to 235.3 to the Division by this Bill.

SECTION 66: [Election Act, sections 235.1 to 235.3] sets third party advertising limits, provides penalties for exceeding third party advertising limits and provides for court relief from those penalties.

Third party advertising limits

235.1 (1) In respect of a general election conducted in accordance with section 23 (2) of the Constitution Act, an individual or organization other than a candidate, registered political party or registered constituency association must not sponsor, directly or indirectly, election advertising during the period beginning 120 days before the campaign period and ending at the end of the campaign period

(b) in combination with one or more individuals or organizations, or both, such that the total value of the election advertising sponsored by those individuals and organizations is greater than

(2) In respect of a general election conducted other than in accordance with section 23 (2) of the Constitution Act, the limits under subsection (1) do not apply to the period beginning 120 days before campaign period, but do apply to the campaign period.

(3) In respect of a by-election, the limits under subsection (1) do not apply to the period beginning 120 days before campaign period, but the limits under subsection (1) (a) (i) and (b) (i) do apply to the campaign period.

Penalties for exceeding third party advertising limit

235.2 (1) Unless relief is granted by a court under section 238, if a sponsor exceeds an election advertising limit, the sponsor

(a) is deregistered as a sponsor under Division 3 of this Part and is not entitled to be reregistered as a sponsor until after the next general election, and

(b) must pay to the chief electoral officer a penalty of 10 times the amount by which the value of the election 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 severally liable to pay the penalty under subsection (1) (b).

(a) if no application under section 238 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 238, the court refuses to grant relief from the penalty, at the time of that determination.

Court order for relief from advertising limit

235.3 (1) A sponsor may apply to the Supreme Court in accordance with this section for relief from penalties under section 237.

(2) An application may be made only within 120 days after general voting day for the election in relation to which the election 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.

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

SECTION 67: [Election Act, section 239] requires election advertising sponsors to be independent.

(3) An individual or organization who is registered or required to be registered as a sponsor must be independent of registered political parties, registered constituency organizations, candidates, agents of candidates and financial agents, and must not sponsor election advertising on behalf of or together with any of these.

SECTION 68: [Election Act, section 244] requires election advertising sponsors to file disclosure statements in respect of advertising valued at $500 or more during the period beginning 120 days before the campaign period and ending at the end of the campaign period.

68 Section 244 (1) is amended by adding "or the period beginning 120 days before the campaign period" after "during a campaign period".

SECTION 69: [Election Act, section 252] provides the basis on which the chief electoral officer may refer a matter for prosecution.

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

SECTION 70: [Election Act, sections 255, 266 and 267] increases the amount of monetary penalties for offences.

70 Sections 255 (7) (a), 266 (4) and 267 (2) are amended by striking out "$10 000" and substituting "$20 000".

SECTION 71: [Election Act, sections 259 to 265] increases the amount of monetary penalties for offences.

71 Sections 259 (2), 260 (2), 261 (2), 262 (2), 263 (2), 264 (2) and 265 (2) are amended by striking out "$5 000" and substituting "$10 000".

SECTION 72: [Election Act, section 264] is consequential to the addition of section 233.1 to the Act by this Bill.

72 Section 264 (1) (d) is amended by adding "or 233.1" after "section 233".

SECTION 73: [Election Act, section 270] expands the means by which the chief electoral officer must give notice and information respecting a notice under the Act.

(a) the notice must be published on the internet and in one or more newspapers circulating in the affected electoral district, and

(b) information respecting the notice must be published through other media circulating in the affected electoral district, including by television and radio,

such that publication is made throughout the electoral district, if this is possible.

SECTION 74: [Election Act, section 283] is consequential to the addition of sections 41 (3.1) and 231 (2) to, and the amendment to section 213 of the Act by, this Bill.

(g) respecting types of documents that are authorized for the purpose of section 41 (3); , and

(j.1) respecting a method of accounting to be used for the purposes of preparing reports under Part 10;

(m.1) exempting from the requirements of section 231 (1) classes of election advertising that may reasonably be considered clothing, a novelty item or an item intended for personal use; .

SECTION 75: [Transitional — registration information] requires political parties and constituency associations that are currently registered to provide the information required by sections 155 and 157 of the Act as a result of amendments to those sections by this Bill.

Transitional — registration information

"registered constituency association" means a constituency association that is registered under the Election Act as of the date this section comes into force;

"registered political party" means a political party that is registered under the Election Act as of the date this section comes into force.

(2) The amendments to sections 155 and 157 of the Election Act by this Act apply to each registered political party and registered constituency association and, for the purposes of complying with those amendments, each registered political party and registered constituency association must provide, within 60 days of the date this section comes into force, the information required by those amendments.

Consequential Amendments

SECTION 76: [Recall and Initiative Act, sections 34 and 109] requires financial agents to create separate accounts for each authorized participant.

76 Sections 34 and 109 of the Recall and Initiative Act, R.S.B.C. 1996, c. 398, are amended by adding the following subsection:

(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.

SECTION 77: [Recall and Initiative Act, section 74] is consequential to the amendments made by this Bill to sections 198 and 204 of the Election Act.

(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. , and

(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

(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.

SECTION 78: [Recall and Initiative Act, section 114] clarifies that travel from an electoral district is a personal recall expense of an authorized participant.

78 Section 114 (4) (b) and (c) is amended by striking out "to or within" and substituting "to, within or from".

Commencement

79 The provisions of this Act referred to in column 1 of the following table come into force as set out in column 2 of the table:

Explanatory Notes