Qp Date

Recall and Initiative Act

[RSBC 1996] CHAPTER 398

Contents
Part 1 — Introductory Provisions
1Definitions
Part 2 — Legislative Initiatives
 Division 1 — Initiative Petition
2Subject matter of legislative proposals
3Application for initiative petition
4Issue of initiative petition
5Who may sign an initiative petition
6Who may canvass for signatures
7Requirements for initiative petition
7.1Continuation of petition if an electoral district is disestablished or changed
8Time limit for determination
 Division 2 — Select Standing Committee
9Select standing committee
10Referral of initiative to select standing committee
11Duty of select standing committee
12Effect of report by select standing committee
 Division 3 — Initiative Vote
13Initiative vote
14Initiative voting day every 3 years
15Determination of successful initiative vote
16Effect of successful initiative vote
 Division 4 — Effect of General Election
17Suspension of petition process during general election
18General election after petition sent to select standing committee
Part 3 — Recall
 Division 1 — Recall Petition
19Application for recall petition
20Issue of recall petition
21Who may sign a recall petition
22Who may canvass for signatures
23Requirements for recall petition
24Time limit for determination
25Result of successful recall petition
 Division 2 — By-election
26Election
27Prohibition on multiple elections with respect to the same electoral district
28Application of Election Act
Part 4 — Initiative Petition Financing
 Division 1 — Authorized Participants and Financial Agents
29Authorized participants must have financial agent
30Financial agent for proponent
31Application to become an opponent of an initiative petition
32Financial agents for opponents
33Notice to opponent groups
34General obligations of financial agent
35Assistant financial agent
 Division 2 — Initiative Petition Contributions and Expenses
36Initiative petition contributions generally
37Initiative petition contributions through loans and debts
38Initiative petition contributions through fundraising functions
39Initiative petition expenses
40General valuation rules
 Division 3 — Making and Accepting Initiative Petition Contributions
41Restrictions on making initiative petition contributions
42Restrictions on accepting initiative petition contributions
43Limits on anonymous contributions
44Prohibited contributions must be returned
45Financial agent must record each initiative petition contribution
 Division 4 — Initiative Petition Expenses
46Restrictions on who may incur initiative petition expenses
47Initiative petition expenses in excess of limit prohibited
48Initiative petition expenses limit
 Division 5 — Reporting
49Reporting of information regarding initiative petition contributions
50Initiative petition financing report
51Publication of financing summary
 Division 6 — Penalties for Failure to Comply
52Publication of failure to comply
53Effect of incurring expenses over limit
54Court order for relief from expenses limit
55Late filing of required reports
56Failure to file initiative petition financing report
57Court order for relief from filing obligations
58False or misleading reports relating to an initiative petition
Part 5 — Initiative Vote Financing
 Division 1 — Authorized Participants and Financial Agents
59Authorized participants must have financial agent
60Notice to proponent and opponents for initiative petition
61Financial agent for petition proponent
62Financial agents for other proponents
63Financial agents for opponents
64Obligations and authority of financial agents and assistant financial agents
 Division 2 — Initiative Vote Contributions and Expenses
65Initiative vote contributions
66Initiative vote expenses
67General valuation rules
 Division 3 — Making and Accepting Initiative Vote Contributions
68Restrictions on making and accepting initiative vote contributions
69Limits on anonymous contributions
70Prohibited contributions must be returned
71Financial agent must record each initiative vote contribution
 Division 4 — Initiative Vote Expenses
72Restrictions on who may incur initiative vote expenses
73Initiative vote expenses in excess of limit prohibited
74Initiative vote expenses limit
 Division 5 — Reporting
75Reporting of information regarding initiative vote contributions
76Initiative vote financing report
77Publication of financing summary
 Division 6 — Penalties for Failure to Comply
78Publication of failure to comply
79Effect of incurring expenses over limit
80Court order for relief from expenses limit
81Late filing of required reports
82Failure to file initiative vote financing report
83Court order for relief from filing obligations
84False or misleading reports relating to an initiative vote
Part 6 — Initiative Communications
 Division 1 — General
85Initiative advertising and opinion surveys
86Sponsorship of initiative advertising
87No indirect sponsorship of initiative advertising
88Initiative advertising must identify sponsor
89Restriction on rates charged for initiative advertising
90Prohibition against certain initiative advertising on general voting day
91Restrictions on initiative campaigning near voting places
92Requirements for publication of initiative opinion surveys
 Division 2 — Initiative Advertising Limits
93Advertising limits
94Penalties for exceeding initiative advertising limit
95Court order for relief from advertising limit
 Division 3 — Registration of Sponsors
96Initiative advertising sponsors must be registered
97Registration with chief electoral officer
98Obligations of registered sponsor
99Limit on registration
 Division 4 — Disclosure of Independent Initiative Advertising
100Independent sponsors must file disclosure reports
101Contents of disclosure report
102Late filing of reports
103Failure to file reports
104Court order for relief from filing obligations
105Obligation to maintain records
106Publication of initiative advertising summary
Part 7 — Recall Petition Financing
 Division 1 — Financial Agent
107Authorized participants must have financial agent
108Appointment of financial agent
109General obligations of financial agent
110Assistant financial agent
 Division 2 — Recall Contributions and Expenses
111Recall contributions generally
112Recall contributions through loans and debts
113Recall contributions through fundraising functions
114Recall expenses
115General valuation rules
 Division 3 — Making and Accepting Recall Contributions
116Restrictions on making recall contributions
117Restrictions on accepting recall contributions
118Limits on anonymous contributions
119Prohibited contributions must be returned
120Financial agent must record each recall contribution
 Division 4 — Recall Expenses
121Restrictions on who may incur recall expenses
122Recall expenses in excess of limit prohibited
123Recall expenses limit
 Division 5 — Reporting
124Reporting of information regarding recall contributions
125Recall financing report
126Publication of financing summary
 Division 6 — Penalties for Failure to Comply
127Publication of failure to comply
128Effect of incurring expenses over limit
129Court order for relief from expenses limit
130Late filing of required reports
131Failure to file recall financing report
132Court order for relief from filing obligations
133False or misleading reports relating to a recall petition
Part 8 — Recall Petition Communications
 Division 1 — General
134Recall advertising
135Sponsorship of recall advertising
136No indirect sponsorship of recall advertising
137Recall advertising must identify sponsor
138Restriction on rates charged for recall advertising
139Repealed
 Division 2
140–142Repealed
 Division 3 — Registration of Sponsors
143Recall advertising sponsors must be registered
144Registration with chief electoral officer
145Obligations of registered sponsor
146Limit on registration
 Division 4 — Disclosure of Independent Recall Advertising
147Independent sponsors must file disclosure reports
148Contents of disclosure report
149Late filing of reports
150Failure to file reports
151Court order for relief from filing obligations
152Obligation to maintain records
153Publication of recall advertising summary
Part 9 — Offences
154Prosecution of organizations and their directors and agents
155Defence of due diligence
156Signature and vote buying offences
157Intimidation offences
158Wrongful signing and voting
159Offences in relation to canvassing for signatures
160Offences in relation to financing
161Offences in relation to initiative or recall advertising and promotion
162Offences in relation to false or misleading information
163Offence in relation to use of information
164Penalties under this Part are in addition to any others
165Limitation
Part 10 — General
166Delivery of notices
167Filing documents with chief electoral officer
168Access to and use of information in records
169Enforcement of Act by chief electoral officer
170Emergencies and other extraordinary circumstances
171General regulations
172Additional powers of the chief electoral officer
173Appropriation