Bill 53 – 2018: Recall and Initiative Amendment Act, 2018

HONOURABLE DAVID R. P. EBY
ATTORNEY GENERAL

BILL 53 – 2018

RECALL AND INITIATIVE AMENDMENT ACT, 2018

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

SECTION 1: [Recall and Initiative Act, section 1] amends a number of definitions, adds new definitions and adds interpretation rules in relation to new definitions.

"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; ,

(b) in subsection (1) in the definition of "contribution" by striking out "or recall advertising",

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

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

"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,

(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;

(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;

"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,

(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; ,

(d) in subsection (1) by repealing the definition of "recall advertising" and substituting the following:

(e) in subsection (1) in the definition of "recall petition period" by striking out "the day on which a recall petition application is approved in principle by the chief electoral officer" and substituting "the day on which the chief electoral officer publishes notice under section 20 (1) (b) of approval in principle of the recall petition",

(f) in subsection (1) in the definition of "registered sponsor" by striking out "or under Division 3 of Part 8 in relation to recall advertising",

(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; ,

(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,

(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:

SECTION 2: [Recall and Initiative Act, section 7.1] amends section numbering to follow that used in the Election Act.

SECTION 3: [Recall and Initiative Act, section 19]

adds a pre-general election period constraint on the issue of recall petitions;
requires internet notice of an application for a recall petition.

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

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

(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.

SECTION 4: [Recall and Initiative Act, section 20]

requires public notice if a recall petition is to be issued;
requires a recall petition to be issued as soon as practicable after approval.

4 Section 20 (1) is amended by striking out "and" at the end of paragraph (a) and by repealing paragraph (b) and substituting the following:

(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.

SECTION 5: [Recall and Initiative Act, section 20.01] removes the possibility that a Member of the Legislative Assembly might be subject to more than one recall petition at any one time.

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.

SECTION 6: [Recall and Initiative Act, section 24.01] establishes a notice requirement in relation to unsuccessful recall petitions.

Report of unsuccessful recall petition

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.

SECTION 7: [Recall and Initiative Act, section 107]

provides specific indication of when the proponent and Member become authorized persons under the Act;
extends the meaning of authorized participant.

(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. , and

(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.

SECTION 8: [Recall and Initiative Act, section 109] extends the legal liability protection to the assistant financial agents as well as to the financial agents.

(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.

SECTION 9: [Recall and Initiative Act, section 112] establishes rules that parallel the rules provided for in section 181 of the Election Act.

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.

SECTION 10: [Recall and Initiative Act, section 112.01] establishes rules that parallel the rules provided for in section 181.01 of the Election Act.

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.

(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.

SECTION 11: [Recall and Initiative Act, section 113] establishes rules that parallel the rules provided for in section 182 of the Election Act.

(a) in subsection (1) by striking out "section 116 (1) (f)" and substituting "section 116 (2) (f)",

(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. , and

(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,

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

SECTION 12: [Recall and Initiative Act, sections 115.01 and 115.02] establishes rules that parallel the rules provided for in sections 185.01 and 185.02 of the Election Act.

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;

(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;

(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.

(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 general voting day for the next general election.

SECTION 13: [Recall and Initiative Act, section 116] establishes rules that parallel the rules provided for in section 186 of the Election Act.

Restrictions on making recall contributions

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

(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,

(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

(ii) as consideration for that individual or organization making a recall 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.

(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.

SECTION 14: [Recall and Initiative Act, sections 116.01 to 116.04]

establishes a special rule for sponsorship contributions received by an individual who later becomes an authorized participant in relation to a recall petition;
in relation to authorized participants, establishes contributor confirmation and consent rules parallel to sponsorship contribution rules under sections 235.04 and 235.041 of the Election Act;
establishes limits on the amount of recall contributions that can be made by an eligible individual.

Sponsorship contributions that become recall contributions

(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

(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

(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;

(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:

(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:

(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.

SECTION 15: [Recall and Initiative Act, section 117] adds provisions that parallel section 187 of the Election Act.

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.

SECTION 16: [Recall and Initiative Act, section 118] is consequential to amendments made to the Act by this Bill.

16 Section 118 is amended by striking out "section 116 (1) (f)" and substituting "section 116 (2) (f)".

SECTION 17: [Recall and Initiative Act, section 120] adds rules that parallel rules provided for in provisions of section 190 of the Election Act.

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:

(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:

(3) At the time a permissible loan, or a guarantee for a permissible loan, is received, the financial agent must record the following:

(d) the prime rate of the principal banker to the government at the time the rate of interest for the loan is fixed;

(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:

(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;

(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.

SECTION 18: [Recall and Initiative Act, sections 120.01 and 120.02]

adds rules respecting transfers of money that may be made by a political party or constituency association to a Member who is subject to a recall petition;
requires unused recall contributions to be returned to eligible persons who made the contributions.

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.

(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,

(b) the amount of the political contributions from that individual that are being transferred, and

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

(3) Contributions must not be returned under subsection (2) if the authorized participant has

(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.

SECTION 19: [Recall and Initiative Act, section 124] is consequential to amendments made to the Act by this Bill.

(a) in paragraph (a) by striking out ", other than the address of an individual", and

(b) in paragraph (b) by striking out "section 120 (3)" and substituting "section 120 (2)".

SECTION 20: [Recall and Initiative Act, section 125] adds additional reporting requirements respecting recall financing reports.

(c) any loans or guarantees received by the authorized participant for recall expenses and any conditions attached to them, including

(ii) for permissible loans, the information recorded under section 120 (3) and (4); ,

(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;

(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) 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); , and

(6.01) The information available for public inspection under subsection (6) must not include the address of a contributor.

SECTION 21: [Recall and Initiative Act, section 126] allows internet publication of recall financing report summaries prepared by the Chief Electoral Officer.

(2) The chief electoral officer may publish a report under subsection (1) on an Elections BC authorized internet site.

SECTION 22: [Recall and Initiative Act, section 127] requires internet publication of information respecting non-compliance by an authorized participant.

Publication of failure to comply

(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,

(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 general 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.

SECTION 23: [Recall and Initiative Act, section 129] limits the parties to an application for court relief from failure to comply with an expense limit.

(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.

SECTION 24: [Recall and Initiative Act, sections 133.01 to 133.11]

establishes monetary penalties for certain contraventions of the Act and provides for court relief from such penalties;
requires internet publication by the Chief Electoral Officer respecting persons subject to such penalties.

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, and

(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.

(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;

Publication of names

(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

(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 general 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.

SECTION 25: [Recall and Initiative Act, section 134] is consequential to amendments made to the Act by this Bill.

SECTION 26: [Recall and Initiative Act, section 134.01] is consequential to amendments made to the Act by this Bill.

Contributions to recall advertising sponsors

(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.

SECTION 27: [Recall and Initiative Act, section 135] is consequential to amendments made to the Act by this Bill.

27 Section 135 (2), (3) and (4) is amended by adding "recall advertising" before "sponsor" wherever it appears.

SECTION 28: [Recall and Initiative Act, section 137] adds provisions that parallel section 231 of the Election Act.

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,

(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

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

SECTION 29: [Recall and Initiative Act, sections 137.01 and 137.02] adds provisions that parallel sections 231.01 and 231.02 of the Election Act.

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.

(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;

SECTION 30: [Recall and Initiative Act, Division 3 of Part 8] is consequential to amendmentsmade to the Act by this Bill.

30 The heading to Division 3 of Part 8 is repealed and the following substituted:

SECTION 31: [Recall and Initiative Act, section 143] establishes requirements for registration of a recall advertising sponsor in relation to an electoral district and a recall petition.

(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. , and

SECTION 32: [Recall and Initiative Act, section 143.01] requires a recall advertising sponsor who sponsors petition period recall advertising to be independent of the authorized participants for the petition, with exceptions for the political party and constituency association of the Member who is the subject of the petition.

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.

(a) the political party that the Member who is the subject of the petition represents, or

(i) is the local organization for the political party that the Member represents, or

SECTION 33: [Recall and Initiative Act, section 144]

is consequential to amendments made to the Act by this Bill;
requires the Chief Electoral Officer to advise registered recall advertising sponsors of adjusted sponsorship contribution limits.

(a) in subsection (1) by striking out "become a registered sponsor in relation to a recall petition" and substituting "register as a recall advertising sponsor in relation to an electoral district",

(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; ,

(d) in subsection (3) (b) by striking out everything after "the applicant" and substituting the following:

(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. ,

(e) in subsection (5) by striking out "registered sponsor" and substituting "recall advertising sponsor in relation to the electoral district or electoral districts identified under subsection (2) (e.1)",

(f) in subsection (6) by striking out "sponsor, the sponsor" and substituting "recall advertising sponsor, the recall advertising sponsor",

(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.

SECTION 34: [Recall and Initiative Act, section 145] is consequential to amendments made to the Act by this Bill.

(a) in subsection (1) by striking out "registered" and substituting "recall advertising" and by striking out "the sponsor" and substituting "the recall advertising sponsor", and

(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).

SECTION 35: [Recall and Initiative Act, section 146] is consequential to amendments made to the Act by this Bill.

SECTION 36: [Recall and Initiative Act, section 146.01 to 146.03]

adds provisions that parallel sections 242 and 243 of the Election Act;
provides for deregistration in relation to an electoral district when a recall advertising sponsor becomes an authorized participant for a recall petition that is to be issued in the electoral district.

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,

(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.

SECTION 37: [Recall and Initiative Act, Divisions 3.1 and 3.2 of Part 8]

adds provisions that parallel sections 235.02 to 235.07 of the Election Act to establish a framework for sponsorship contributions in relation to recall advertising;
establishes a maximum value for petition period recall advertising sponsored by an individual or organization.

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.

the difference between the market value of the property or services at the time provided and the amount charged is a sponsorship contribution.

(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.

(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

(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;

(a) may request the contributor to provide a contributor confirmation and contributor consent, and

(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.

(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

(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

(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

(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,

(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).

(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.

(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

SECTION 38: [Recall and Initiative Act, Division 4 of Part 8] is consequential to amendments made to the Act by this Bill.

38 The heading to Division 4 of Part 8 is repealed and the following substituted:

SECTION 39: [Recall and Initiative Act, sections 146.18 to 146.20] establishes reporting requirements for specified recall advertising sponsors.

Disclosure report within 14 days –
non-petition period recall advertising

146.18 (1) In this section, "receiving", in relation to a sponsorship contribution of money, means the deposit of the money into an account in a savings institution.

(2) If a recall advertising sponsor sponsors non-petition period recall advertising that has a total value greater than $5 000, the recall advertising sponsor must file with the chief electoral officer an initial disclosure report that includes the information referred to in subsection (3) within 14 days of the recall advertising sponsor sponsoring the advertising message being transmitted to the public that brings the total value of the non-petition period recall advertising to an amount greater than $5 000.

(a) the full name of each contributor who made one or more sponsorship contributions that, in total, have a value of more than the applicable amount under section 243.01 (3) (a) of the Election Act;

(b) the value of each sponsorship contribution made by the contributor described in paragraph (a) of this subsection and the date on which it was made.

(4) If a recall advertising sponsor must file a disclosure report under subsection (2), the recall advertising sponsor must file with the chief electoral officer a subsequent disclosure report that includes the information referred to in subsection (5) within 14 days of the recall advertising sponsor receiving a sponsorship contribution from a contributor who makes one or more sponsorship contributions that have a total value greater than the applicable amount under subsection (3) (a).

(a) the full name of each contributor who made one or more sponsorship contributions that, in total, have a value of more than the applicable amount under section 243.01 (5) (a) of the Election Act, since the date of the initial disclosure report;

(b) the value of each sponsorship contribution made by the contributor described in paragraph (a) of this subsection and the date on which it was made.

(6) The recall advertising sponsor must file subsequent disclosure reports under subsection (4) until the recall advertising sponsor is deregistered as a recall advertising sponsor under this Part.

Disclosure report within 28 days –
non-petition period recall advertising

146.19 (1) A recall advertising sponsor must file with the chief electoral officer a recall advertising disclosure report in accordance with this section and section 146.20 if

(a) the recall advertising sponsor sponsors non-petition period recall advertising in an electoral district that has a total value of greater than the applicable amount under section 244 (1) of the Election Act, and

(2) A recall advertising disclosure report under subsection (1) must be filed within 28 days after the beginning of the recall petition period for the recall petition referred to in subsection (1) (b).

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

(4) A supplementary report under subsection (3) must be filed within 30 days after the recall advertising sponsor becomes aware of the circumstances requiring the report to be filed.

(5) This section does not apply to a recall advertising sponsor who becomes an authorized participant for a recall petition to which the recall advertising relates before a recall advertising disclosure report is due under subsection (2).

Contents of 28-day disclosure report –
non-petition period recall advertising

146.20 (1) A recall advertising disclosure report filed under section 146.19 must be in the form specified by the chief electoral officer and must include the following information:

(a) the value of the non-petition period recall advertising sponsored by the recall advertising sponsor in the electoral district in which the petition was issued that was not previously reported under section 148.01, reported by class as required by regulation;

(b) the amount of the sponsorship contributions accepted, but not previously reported under section 148.01, by the recall advertising sponsor, in relation to the non-petition period recall advertising referred to in paragraph (a), reported in accordance with subsections (2) to (4) of this section;

(c) any amount of the recall advertising sponsor's assets, other than assets received by way of sponsorship contributions reported under paragraph (b), that was used to pay for the non-petition period recall advertising referred to in paragraph (a);

(d) any other information required by the chief electoral officer to be included.

(2) For the purposes of subsection (1) (b), amounts accepted from anonymous contributors must be reported separately.

(3) For the purposes of subsection (1) (b), if the records of the recall advertising sponsor indicate that a contributor made one or more sponsorship contributions that, in total, have a value of more than the applicable amount under section 245 (3) of the Election Act, the report under this section must include the following:

(b) the value of each sponsorship contribution and the date on which it was received.

(4) For anonymous sponsorship contributions, the report under this section must include the dates on which the sponsorship 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 recall advertising 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.

SECTION 40: [Recall and Initiative Act, section 147] is consequential to amendments made to the Act by this Bill.

(1) If a recall advertising sponsor sponsors petition period recall advertising that has a total value of greater than the applicable amount under section 244 (1) of the Election Act, the recall advertising sponsor must file with the chief electoral officer a recall advertising disclosure report in accordance with this section and section 148 of this Act. ,

SECTION 41: [Recall and Initiative Act, section 148] is consequential to amendments made to the Act by this Bill.

(1) A recall advertising disclosure report filed under section 147 must be in the form specified by the chief electoral officer and must include the following information:

(a) the value of the petition period recall advertising sponsored by the recall advertising sponsor in relation to the recall petition to which the report relates, reported by class as required by regulation;

(b) the amount of the sponsorship contributions accepted, but not previously reported under section 146.19, by the recall advertising sponsor, in relation to the petition period recall advertising referred to in paragraph (a), reported in accordance with subsections (2) to (4) of this section;

(c) any amount of the recall advertising sponsor's assets, other than assets received by way of sponsorship contributions reported under paragraph (b), that was used to pay for the petition period recall advertising referred to in paragraph (a);

(d) any other information required by the chief electoral officer to be included.

(2) For the purposes of subsection (1) (b), amounts accepted from anonymous contributors must be reported separately.

(b) the value of each sponsorship contribution and the date on which it was received. ,

SECTION 42: [Recall and Initiative Act, sections 148.01 and 148.02] establishes reporting requirements for specified recall advertising sponsors.

Disclosure report after calendar year

148.01 (1) A recall advertising sponsor must file with the chief electoral officer a recall advertising disclosure report in accordance with this section and section 148.02 if the recall advertising sponsor sponsors in a calendar year non-petition period recall advertising that has a total value of greater than the applicable amount under section 244 (1) of the Election Act.

(2) A recall advertising disclosure report under subsection (1) must be filed within 28 days after the end of the calendar year.

(3) Subsection (1) does not apply if the value of all recall advertising sponsored, and the amount of all sponsorship contributions accepted, by the recall advertising sponsor in the calendar year was previously reported in one or more disclosure reports filed under section 146.19 or 147.

Contents of disclosure report after calendar year

148.02 (1) A recall advertising disclosure report filed under section 148.01 must be in the form specified by the chief electoral officer and must include the following information:

(a) the value of the non-petition period recall advertising sponsored by the recall advertising sponsor in the applicable calendar year, reported

(b) the amount of the sponsorship contributions accepted by the recall advertising sponsor in the applicable calendar year, whether or not previously reported by the recall advertising sponsor, in relation to all recall advertising sponsored by the recall advertising sponsor in the applicable calendar year, reported in accordance with subsections (2) to (4) of this section;

(c) any amount of the recall advertising sponsor's assets, other than assets received by way of sponsorship contributions reported under paragraph (b), that was used to pay for all recall advertising sponsored by the recall advertising sponsor in the applicable calendar year;

(d) any other information required by the chief electoral officer to be included.

(2) For the purposes of subsection (1) (b), amounts accepted from anonymous contributors must be reported separately.

(b) the value of each sponsorship contribution and the date on which it was received.

SECTION 43: [Recall and Initiative Act, section 149] is consequential to amendments made to the Act by this Bill.

Late filing of reports

149 (1) Subject to subsection (2), a recall advertising sponsor that fails to file a report under section 146.18, 146.19, 147 or 148.01, as applicable, with the chief electoral officer within the time period established by the applicable section or by a court under section 151 may file the report 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.

(2) A report under subsection (1) must be filed within 30 days after the end of the time period established by section 146.18, 146.19, 147 or 148.01, as applicable, or before a later date permitted by a court under section 151.

SECTION 44: [Recall and Initiative Act, sections 150 and 151] is consequential to amendments made to the Act by this Bill.

44 Sections 150 and 151 (1) and (5) are amended by adding "recall advertising" before "sponsor" wherever it appears.

SECTION 45: [Recall and Initiative Act, section 152] is consequential to amendments made to the Act by this Bill.

45 Section 152 is amended by striking out "sponsor of recall advertising" and substituting "recall advertising sponsor".

SECTION 46: [Recall and Initiative Act, section 153] is consequential to amendments made to the Act by this Bill.

Publication of recall advertising disclosure report

153 (1) As soon as practicable after a recall advertising disclosure report under this Division is received, the chief electoral officer must publish the report and, if applicable, identify the relevant recall petition.

(2) The chief electoral officer may publish a report under subsection (1) on an Elections BC authorized internet site.

(3) A report published under this section must not include the address of a contributor.

SECTION 47: [Recall and Initiative Act, Division 5 of Part 8] establishes monetary penalties for certain contraventions of the Act and provides for court relief from such penalties.

Monetary penalties for failing to register

153.01 (1) Within 7 days of the chief electoral officer making a determination of non-compliance with section 143 by an individual or organization, the chief electoral officer must notify the individual or organization of the non-compliance and the related penalty.

(2) Unless relief is granted by a court on an application under section 153.09, 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 making
and using sponsorship contributions

153.02 (1) Within 7 days of the chief electoral officer making a determination of non-compliance with section 146.08 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 153.09, 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 double the sponsorship contribution, as determined by the chief electoral officer.

Monetary penalties respecting
contributor confirmation and consent

153.03 (1) Within 7 days of the chief electoral officer making a determination of non-compliance with section 146.09 by a recall advertising sponsor, 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 153.09, if the chief electoral officer gives notice under subsection (1) of this section, the recall advertising sponsor must pay to the chief electoral officer a penalty in the amount of up to double the contribution, as determined by the chief electoral officer.

Monetary penalties respecting sponsorship contribution limits

153.04 (1) Within 7 days of the chief electoral officer making a determination of non-compliance with section 146.10 by an eligible individual or a recall advertising sponsor, the chief electoral officer must notify the eligible individual or recall advertising sponsor of the non-compliance and the related penalty.

(2) Unless relief is granted by a court on an application under section 153.09, if the chief electoral officer gives notice under subsection (1) of this section, the eligible individual or recall advertising sponsor must pay to the chief electoral officer a penalty in the amount of up to double the amount that the sponsorship contribution exceeds the sponsorship contribution limit set in section 146.10, as determined by the chief electoral officer.

Monetary penalties respecting sponsorship contributions

153.05 (1) Within 7 days of the chief electoral officer making a determination of non-compliance with section 146.11 by an individual or organization, 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 153.09, 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 double the sponsorship contribution, as determined by the chief electoral officer.

Monetary penalties respecting
anonymous sponsorship contributions

153.06 (1) Within 7 days of the chief electoral officer making a determination of non-compliance with section 146.12 by a recall advertising sponsor, the chief electoral officer must notify the recall advertising sponsor of the non-compliance and the related penalty.

(2) Unless relief is granted by a court on an application under section 153.09, if the chief electoral officer gives notice under subsection (1) of this section, the recall advertising sponsor must pay to the chief electoral officer a penalty in the amount of up to double the amount that the sponsorship contribution exceeds the anonymous sponsorship contribution limit set in section 146.12, as determined by the chief electoral officer.

Monetary penalties respecting return
of sponsorship contributions

153.07 (1) Within 7 days of the chief electoral officer making a determination of non-compliance with section 146.13 by a recall advertising sponsor, the chief electoral officer must notify the recall advertising sponsor of the non-compliance and the related penalty.

(2) Unless relief is granted by a court on an application under section 153.09, if the chief electoral officer gives notice under subsection (1) of this section, the recall advertising sponsor must pay to the chief electoral officer a penalty in the amount of up to double the sponsorship contribution, as determined by the chief electoral officer.

Monetary penalties respecting sponsorship
contributions over specific amount

153.08 (1) Within 7 days of the chief electoral officer making a determination of non-compliance with section 146.14 by an eligible individual or a recall advertising sponsor, the chief electoral officer must notify the eligible individual or recall advertising sponsor of the non-compliance and the related penalty.

(2) Unless relief is granted by a court on an application under section 153.09, if the chief electoral officer gives notice under subsection (1) of this section, the eligible individual or recall advertising sponsor must pay to the chief electoral officer a penalty in the amount of up to double the amount that the sponsorship contribution exceeds the amount described in section 146.14, as determined by the chief electoral officer.

Court order for relief respecting recall advertising
sponsor registration and sponsorship contributions

153.09 (1) A person who is subject to a monetary penalty under sections 153.01 to 153.08 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) An application may be made only within 30 days after the chief electoral officer, under the applicable section, notifies the person of the non-compliance and related penalty.

(3) 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.

(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;

Publication of names

(i) the names of persons on whom the chief electoral officer has imposed a monetary penalty under sections 153.01 to 153.08,

(ii) the section under which the chief electoral officer has imposed 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 general 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.

SECTION 48: [Recall and Initiative Act, section 160]

is consequential to amendments made to the Act by this Bill;
establishes additional offences in relation to recall petition financing, and increases the maximum fine in relation to an offence to $10 000.

(a) in subsection (1) (c) by adding "or" at the end of subparagraph (i), by striking out "or" at the end of subparagraph (ii) and by repealing subparagraph (iii),

(h) contravenes section 116, 116.02, 116.04 or 117 regarding making or accepting a recall contribution. , and

SECTION 49: [Recall and Initiative Act, section 161]

is consequential to amendments made to the Act by this Bill;
establishes additional offences in relation to recall advertising, and increases the maximum fine in relation to an offence to $10 000.

(j) contravenes section 137.01 respecting identification of the sponsor of activities;

(l) contravenes section 146.08, 146.09, 146.10, 146.11, 146.12, 146.13 or 146.14 respecting sponsorship contributions. , and

SECTION 50: [Recall and Initiative Act, section 166.01]

is consequential to amendments made to the Act by this Bill;
adds a provision that parallels section 270.01 (1) of the Election Act to require the Chief Electoral Officer to publish and give notice of adjusted amounts in relation to recall contribution limits, sponsorship contribution limits and petition period recall advertising limits.

Publication of adjusted amounts

(a) publish on an Elections BC authorized internet site the adjusted amounts established under sections 116.04, 146.10 and 146.15,

(b) have notice of the adjusted amounts under those sections published in the Gazette,

(c) in the case of an adjusted amount under section 146.10, give notice of the adjusted amount to each registered recall advertising sponsor, and

(d) in the case of an adjusted amount under section 146.15 in respect of a petition period, give notice of the adjusted amount to the authorized participants for the recall petition and each registered recall advertising sponsor.

SECTION 51: [Recall and Initiative Act, section 171] transfers authority for making certain regulations from the Lieutenant Governor in Council to the Chief Electoral Officer, and adds authority to make certain regulations consequential to amendments made to the Act by this Bill.

(3) Without limiting subsection (1) or (2), the chief electoral officer may make regulations as follows:

(a) prescribing forms for the purposes of this Act and prescribing information that may be included on them;

(c) specifying expenses that are not to be included when determining whether an individual or organization has complied with an expenses limit;

(e) prescribing classes of advertising for the purposes of sections 101 (1) (a) and 148 (1) (a);

(f) specifying recall expenses that are to be included as personal recall expenses under section 114 (4) (f);

(g) exempting from the requirements of section 137 classes of recall advertising that may reasonably be considered clothing, a novelty item or an item intended for personal use;

SECTION 52: [Application of Recall and Initiative Act definitions] is self-explanatory.

Application of Recall and Initiative Act definitions

52 Section 1 of the Recall and Initiative Act, as amended by this Act, applies to this Part.

SECTION 53: [Duties and powers of chief electoral officer] is self-explanatory.

Duties and powers of chief electoral officer

53 (1) For the purposes of this Part, the chief electoral officer has the same duties and powers as the chief electoral officer has under the Recall and Initiative Act.

(a) sections 124 (2) and 135 (4) of the Recall and Initiative Act apply in relation to the chief electoral officer requiring a solemn declaration under this Part,

(b) section 169 of the Recall and Initiative Act applies in relation to investigations and audits by the chief electoral officer under this Part, and

(3) The chief electoral officer may delegate in writing to an individual appointed under section 10 (1) of the Election Act the authority to exercise any power and perform any duty assigned to the chief electoral officer under this Part, subject to any limits or conditions imposed by the chief electoral officer.

(4) Section 167 of the Recall and Initiative Act applies to filing a document or other record under this Part.

SECTION 54: [Transition – debts owed by authorized participant] is self-explanatory.

Transition – debts owed by authorized participant

54 Section 112.01 of the Recall and Initiative Act, as enacted by this Act, does not apply to a debt incurred before the date this section comes into force, and section 112 (3) and (4) of the Recall and Initiative Act as it read immediately before the coming into force of this Act continues to apply to debts incurred before the date this section comes into force.

SECTION 55: [Transition – specified fundraising functions] is self-explanatory.

Transition – specified fundraising functions

55 Sections 115.01 and 115.02 of the Recall and Initiative Act, as enacted by this Act, do not apply to specified fundraising functions that are publicly announced or publicly advertised before the date this section comes into force.

SECTION 56: [Transition – prohibition against transfer of contributions made by persons who are not eligible individuals] is self-explanatory.

Transition – prohibition against transfer of contributions
made by persons who are not eligible individuals

56 (1) A political party or constituency association must not transfer under section 120.01 of the Recall and Initiative Act, as enacted by this Act, any amount of a political contribution that was

(2) Within 7 days of the chief electoral officer making a determination of non-compliance with subsection (1) of this section by a political party or constituency association, the chief electoral officer must notify the political party or constituency association of the non-compliance and the related penalty.

(3) Unless relief is granted by a court on an application under this section, if the chief electoral officer gives notice under subsection (2) of this section, the political party or constituency association must pay to the chief electoral officer a penalty of up to double the amount of the political contribution, as determined by the chief electoral officer.

(4) A political party or constituency association that 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.

(5) An application may be made only within 30 days after the chief electoral officer, under subsection (2), notifies the political party or constituency association of the non-compliance and related penalty.

(6) 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.

(a) grant relief from a penalty if the court considers that, in relation to the non-compliance, the political party or constituency association has acted in good faith;

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

SECTION 57: [Transition – sponsorship contributions before this section comes into force] is self-explanatory.

Transition – sponsorship contributions
before this section comes into force

"contribution" means a contribution within the meaning of section 134.01 (2) of the Recall and Initiative Act, as enacted by this Act;

"prior sponsorship contribution" means a contribution to a recall advertising sponsor in relation to recall advertising

"recall advertising sponsor" means a recall advertising sponsor as defined in section 134.01 (1) of the Recall and Initiative Act, as enacted by this Act.

(2) A recall advertising sponsor must not use a prior sponsorship contribution to sponsor recall advertising or to conduct 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:

(3) Subsection (2) does not apply in respect of any amount of a prior sponsorship contribution that does not exceed $1 200 contributed by an eligible individual to any one recall advertising sponsor in a calendar year.

(4) Within 7 days of the chief electoral officer making a determination of non-compliance with subsection (2) by a recall advertising sponsor, the chief electoral officer must notify the recall advertising sponsor of the non-compliance and the related penalty.

(5) Unless relief is granted by a court on an application under this section, if the chief electoral officer gives notice under subsection (4), the recall advertising sponsor must pay to the chief electoral officer a penalty in the amount of up to double the amount of the prior sponsorship contribution, as determined by the chief electoral officer.

(6) A recall advertising sponsor 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.

(7) An application may be made only within 30 days after the chief electoral officer, under subsection (4), notifies the recall advertising sponsor of the non-compliance and related penalty.

(8) 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.

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

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

Commencement

58 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 Note(s)