Bill 4 – 2017: Election Amendment Act, 2017

HONOURABLE SUZANNE ANTON
MINISTER OF JUSTICE

BILL 4 – 2017

ELECTION AMENDMENT ACT, 2017

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, Division 0.1 of Part 10] adds a definition of "major political party".

1 The Election Act, R.S.B.C. 1996, c. 106, is amended by adding the following Division to Part 10:

Definition

174.01 (1) In this Part, "major political party" means a registered political party to which one or both of the following apply:

(a) the political party has a representative appointed to the Election Advisory Committee;

(b) the political party accepts, in a calendar year, political contributions that, in total, have a value greater than $50 000.

(2) For the purposes of paragraph (a) of the definition of "major political party" in subsection (1) of this section and sections 206.01 and 206.02, a political party is conclusively deemed, despite section 14 (5), to have a representative appointed to the Election Advisory Committee

(a) during the period that starts 30 days after the date set under section 26 (2) (c) for the return of the writ or writs and ends on the date new appointments are made under section 14 (3), if the political party had a representative appointed to the committee immediately before that period starts, or

(b) on the date that is 30 days after the date set under section 26 (2) (c) for the return of the writ or writs, if the political party

(i) did not have a representative appointed to the committee immediately before the period referred to in paragraph (a) of this section, and

SECTION 2: [Election Act, section 182] changes the relevant amount for political contributions through fundraising functions to an amount greater than $100.

(a) in subsection (2) (c) (i) by striking out "more than $250" and substituting "more than $100", and

(b) in subsection (4) (b) by striking out "greater than $250" and substituting "greater than $100".

SECTION 3: [Election Act, section 182.01] establishes requirements to publish information about fundraising functions.

Information respecting fundraising functions

182.01 (1) A major political party must publish, on an internet site maintained by, or on behalf of, the political party, the information listed in subsection (4) respecting a fundraising function that has a per individual charge of greater than $100 and that is held for the purpose of raising funds for any of the following:

(2) A candidate who must file a disclosure report under section 206.03 (2) must publish, on an internet site maintained by, or on behalf of, the candidate, the information listed in subsection (4) of this section respecting a fundraising function that has a per individual charge of greater than $100 and that is held for the purpose of raising funds for the candidate.

(3) A registered constituency association that must file a disclosure report under section 206.04 (b) or 206.05 must publish, on an internet site maintained by, or on behalf of, the constituency association, the information listed in subsection (4) of this section respecting a fundraising function that has a per individual charge of greater than $100 and that is held for the purpose of raising funds for the constituency association.

(4) For the purposes of subsections (1) to (3), the information that must be published is

(c) the usual name of the political party, candidate or constituency association that is holding the fundraising function or on whose behalf the fundraising function is being held.

(5) A political party that has a representative on the Election Advisory Committee and that publishes information under this section must

(a) publish the information no later than 5 days after the date of the fundraising function, and

(b) ensure the information continues to be published until one year after general voting day for the next general election.

(6) A political party that must file a disclosure report under section 206.02 and that publishes information under this section must

(ii) if the political party has not filed a disclosure report under section 206.02 as of the date of the fundraising function, no later than 5 days after the date by which the first disclosure report in the calendar year must be filed under that section, and

(b) ensure the information continues to be published until one year after general voting day for the next general election.

(ii) if the candidate has not filed a disclosure report under section 206.03 (2) as of the date of the fundraising function, no later than 5 days after the date by which the first disclosure report in relation to the individual's candidacy must be filed under that section, and

(b) ensure the information continues to be published until one year after general voting day for the next general election.

(8) A registered constituency association that publishes information under this section must

(ii) if the constituency association has not filed a disclosure report under section 206.04 (b) or 206.05 as of the date of the fundraising function, no later than 5 days after the date by which the first disclosure report in the calendar year must be filed under those sections, and

(b) ensure the information continues to be published until one year after general voting day for the next general election.

SECTION 4: [Election Act, section 190] adds a requirement for a financial agent to record information about a fundraising function.

(ii) a political contribution described in section 182 (3) or (4) that has a value greater than $100 for a fundraising function;

(h) in the case of a contribution described in paragraph (g), the date of the fundraising function.

SECTION 5: [Election Act, section 205.01] adds definitions of "disclosure report" and "receive".

Definitions

205.01 (1) In this Division and Division 7, "disclosure report" means a political contribution disclosure report required to be filed under section 206.01, 206.02, 206.03, 206.04 or 206.05, as applicable.

(2) In sections 190 (1) (b), 206.01 to 206.05 and 220.01, "receive" means, in relation to a political contribution of money, the deposit of the money into an account in a savings institution.

SECTION 6: [Election Act, section 206] establishes what information is to be included in disclosure reports.

(a) the information required to be recorded under section 190 (1), other than the address of an individual, for each contributor who made one or more political contributions that, in total, have a value greater than $100, or a higher amount established by regulation, if those political contributions were made

(A) the political contributions that bring the total value of the political contributions made by the contributor to an amount greater than $100, or the higher amount established by regulation, and

(B) every subsequent political contribution made by the contributor, regardless of the amount, as required under the applicable provision; .

SECTION 7: [Election Act, sections 206.01 to 206.05] establishes a disclosure reporting framework for major political parties, candidates and registered constituency associations.

Disclosure reporting – major political party
with representative on Election Advisory Committee

206.01 If a major political party has a representative appointed to the Election Advisory Committee, the financial agent for the political party must file with the chief electoral officer, on behalf of the political party, a disclosure report within 14 days of the political party receiving a political contribution from a contributor who, in a calendar year, makes one or more political contributions that, in total, have a value greater than the applicable amount under section 206 (1) (a).

Disclosure reporting – major political party
with political contributions greater than $50 000

206.02 (1) If, in a calendar year, a major political party that does not have a representative appointed to the Election Advisory Committee accepts political contributions that, in total, have a value greater than $50 000, the financial agent for the political party must file with the chief electoral officer, on behalf of the political party, a disclosure report, for each political contribution described in section 206 (1) (a) that is accepted since January 1 of the calendar year, within 14 days of the political party receiving a political contribution that brings the total value of the political contributions accepted by the political party to an amount greater than $50 000.

(2) If the financial agent for a major political party must file a disclosure report under subsection (1), the financial agent must file with the chief electoral officer, on behalf of the political party, a disclosure report within 14 days of the political party receiving a political contribution from a contributor who makes one or more political contributions that, in total, have a value greater than the applicable amount under section 206 (1) (a).

(3) The financial agent for a major political party must file disclosure reports under subsection (2) for the remainder of the calendar year in which the financial agent filed a disclosure report under subsection (1).

Disclosure reporting – candidate

206.03 (1) Within 14 days of a declaration under section 61, the financial agent for a candidate who is a representative of a major political party must file with the chief electoral officer, on behalf of the candidate, a disclosure report for each political contribution described in section 206 (1) (a) that is accepted by the candidate in relation to that individual's candidacy.

(2) Once a declaration under section 61 has been made, the financial agent for a candidate must file with the chief electoral officer, on behalf of the candidate, a disclosure report, for each political contribution described in section 206 (1) (a) that is accepted by the candidate in relation to that individual's candidacy, within 14 days of the candidate receiving a political contribution that brings the total value of the political contributions accepted by the candidate in relation to that individual's candidacy to an amount greater than $10 000.

(3) If the financial agent for a candidate must file a disclosure report under subsection (1) or (2), the financial agent must file with the chief electoral officer, on behalf of the candidate, a disclosure report within 14 days of the candidate receiving a subsequent political contribution during the campaign period from a contributor who makes one or more political contributions that, in total, have a value greater than the applicable amount under section 206 (1) (a).

(4) If both subsections (1) and (2) apply in relation to a candidate, the financial agent for the candidate

Disclosure reporting – registered constituency association
for major political party

206.04 The financial agent for a registered constituency association must file with the chief electoral officer, on behalf of the constituency association, a disclosure report within 14 days of the constituency association receiving a political contribution from a contributor who, in a calendar year, makes one or more political contributions that, in total, have a value greater than the applicable amount under section 206 (1) (a), if one of the following applies to the constituency association:

(a) the constituency association is the local organization for a major political party;

(b) the constituency association supports an independent member of the Legislative Assembly.

Disclosure reporting – registered constituency association
with political contributions greater than $10 000

206.05 (1) If, in a calendar year, a registered constituency association to which section 206.04 does not apply accepts political contributions that, in total, have a value greater than $10 000, the financial agent for the constituency association must file with the chief electoral officer, on behalf of the constituency association, a disclosure report, for each political contribution described in section 206 (1) (a) that is accepted since January 1 of the calendar year, within 14 days of the constituency association receiving a political contribution that brings the total value of political contributions accepted by the constituency association to an amount greater than $10 000.

(2) If the financial agent for a registered constituency association must file a disclosure report under subsection (1), the financial agent must file with the chief electoral officer, on behalf of the constituency association, a disclosure report within 14 days of the constituency association receiving a political contribution from a contributor who makes one or more political contributions that, in total, have a value greater than the applicable amount under section 206 (1) (a).

(3) The financial agent for a registered constituency association must file disclosure reports under subsection (2) for the remainder of the calendar year in which the financial agent filed a disclosure report under subsection (1).

SECTION 8: [Election Act, section 213]

adds disclosure reports to the exception under section 213 (2) of the Act;

provides that disclosure reports must be filed in the form and manner prescribed by regulation.

(2) As an exception to subsection (1) (b), a report of the auditor is not required for the following:

(5) The financial agent for a registered political party, candidate or registered constituency association must file a disclosure report in the form and manner prescribed by regulation.

SECTION 9: [Election Act, sections 215.01 and 215.02]

creates a publishing requirement for disclosure reports;
provides that reports may be published on the internet to meet publication requirements.

Publication of disclosure reports

215.01 As soon as practicable after receiving a disclosure report, the chief electoral officer must publish, in a manner that the chief electoral officer considers appropriate, the information in the disclosure report that is required under section 206 to be included in the disclosure report.

Publication of reports on internet

215.02 The chief electoral officer may publish on an internet site maintained by the chief electoral officer, or authorized by the chief electoral officer to be used for this purpose,

(a) a report that must be available for public inspection, under this Division, at the office of the chief electoral officer during its regular office hours, and

SECTION 10: [Election Act, section 216]

is consequential to amendments made to the Act by this Bill;
sets out options to publish the notice of late filing of disclosure reports.

(a) in subsection (1) by striking out "The chief electoral officer" and substituting "Subject to subsection (1.1), the chief electoral officer", and

(1.1) The chief electoral officer may publish the notice under subsection (1) in relation to the late filing of a disclosure report by doing the following:

SECTION 11: [Election Act, section 220] provides that a disclosure report may be filed within the applicable late filing period upon payment of a late filing fee.

(c) in the case of a disclosure report for a registered political party, candidate or registered constituency association, on payment of a late filing fee of $100, or a higher amount established by regulation, the report may be filed within 28 days after the end of the time period for filing established by Division 6 of this Part or before a later date permitted by a court order under section 225.

SECTION 12: [Election Act, sections 220.01 to 220.03]

sets out penalties

for late filing of disclosure reports, and
in relation to the publication of information for a fundraising function;

provides for court relief for penalties respecting fundraising functions.

Penalties for late filing of disclosure reports

220.01 (1) Unless relief is granted by a court on an application under section 225 commenced before the end of the late filing period under section 220 (5) (c), a registered political party, candidate or registered constituency association for which a required disclosure report is not filed with the chief electoral officer is subject to the following penalties:

(a) if the disclosure report is filed after the end of the late filing period under section 220 (5) (c) but before the earlier of the date the election financing report and the date the annual financial report must be filed with the chief electoral officer, a penalty of 50% of the political contributions that should have been disclosed in the disclosure report;

(b) if the disclosure report is not filed by the earlier of the date the election financing report and the date the annual financial report must be filed with the chief electoral officer, a penalty of 100% of the political contributions that should have been disclosed in the disclosure report.

(2) For certainty, the annual financial report referred to in subsection (1) is the annual financial report for the calendar year in which the political contribution that should have been disclosed was received.

Penalties respecting fundraising functions

220.02 (1) Within 7 days of the chief electoral officer becoming aware of non-compliance with section 182.01 by a major political party, candidate or registered constituency association, the chief electoral officer must inform the political party, candidate or registered constituency association of the non-compliance and the related penalty.

(2) Unless relief is granted by a court on an application under section 220.03, a major political party, candidate or registered constituency association must pay to the chief electoral officer a penalty in the amount of $10 000 if the political party, candidate or registered constituency association fails to publish or ensure the continued publication of information as required under section 182.01.

Court order for relief respecting fundraising functions

220.03 (1) A major political party, candidate or registered constituency association may apply to the Supreme Court in accordance with this section for relief from a penalty under section 220.02 (2) for non-compliance with section 182.01.

(2) For certainty, a major political party may apply under subsection (1) in relation to a penalty imposed on any of its candidates or constituency associations.

(3) An application may be made only within 30 days after the chief electoral officer informs, under section 220.02 (1), the political party, candidate or registered constituency association 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 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 political party, candidate or registered constituency association has acted in good faith;

(b) make any order the court considers appropriate to secure compliance with section 182.01 to the extent the court considers reasonable in the circumstances;

SECTION 13: [Election Act, section 283] provides that the chief electoral officer may make regulations prescribing the manner in which disclosure reports under Part 10 of the Act must be filed.

(j.2) prescribing the manner in which disclosure reports under Part 10 must be filed; .

SECTION 14: [Election Act, Schedule] is self-explanatory.

Transitional Provision

SECTION 15: [Transition – political contributions before section comes into force] is self-explanatory.

Transition – political contributions before
section comes into force

"received" means, in relation to a political contribution of money, the deposit of the money into an account in a savings institution;

"transition period" means the period beginning on January 1 of the year this section comes into force and ending immediately before the date this section comes into force.

(2) Political contributions received during the transition period must be included in determining the following amounts, as applicable, for the purposes of Part 10 of the Election Act:

(3) The requirement to file disclosure reports under Part 10 of the Election Act does not apply in respect of political contributions received during the transition period.

Commencement

16 This Act comes into force by regulation of the Lieutenant Governor in Council.

Explanatory Notes