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B.C. Reg. 106/2014
O.C. 357/2014
Deposited June 4, 2014
This consolidation is current to June 20, 2017.
Link to Point in Time

Local Elections Campaign Financing Act

Local Elections Campaign Financing Prior to
2018 General Local Election Regulation

[includes amendments up to B.C. Reg. 309/2016, December 8, 2016]

Contents
Part 1 — General
1Definitions
2Application
3Prescribed elections
4Anonymous contributor class
5Classes of election expenses
6Classes of election proceedings period expenses
7Classes of third party advertising and classes of non-election assent voting advertising
Part 2 — Candidate and Elector Organization Campaign Financing
8Attribution of shared election expenses
9Permitted payments and deposits — candidate
10Permitted deposits — elector organization
11Candidate obligation if amount not returned
12Campaign contribution information that must be recorded — candidate and elector organization
12.1Charges for fundraising functions as campaign contributions
Part 3 — Third Party Election Advertising
13Sponsorship contribution information that must be recorded — third party sponsor
Part 4 — Transparency Requirements for Local Elections and Assent Voting
Division 1 — Sponsorship of Election Advertising and Assent Voting Advertising
14Advertising sponsorship information not required
15Internet election advertising
Division 2 — Disclosure Requirements for Candidates
16General information respecting candidate
17Information respecting financial agents and campaign accounts of candidate
18Information respecting candidate election expenses
19Information respecting shared election expenses
20Information respecting candidate election proceedings period expenses
21Information respecting exclusions from candidate election proceedings period expenses
22Information respecting campaign contributions to candidate
23Information respecting candidate campaign account transactions
24Information respecting property or services provided by jurisdiction
25Additional disclosure requirements for endorsed candidates and candidates who sought endorsement
Division 3 — Disclosure Requirements for Elector Organizations
26General information respecting elector organization
27Information respecting endorsed candidates
28Information respecting financial agents and campaign accounts of elector organization
29Information respecting elector organization election expenses
30Information respecting elector organization election proceedings period expenses
31Information respecting exclusions from elector organization election proceedings period expenses
32Information respecting campaign contributions to elector organization
33Information respecting campaign contributions to individual who was never declared a candidate
34Information respecting elector organization campaign account transactions
35Information respecting transfers between candidates and elector organizations
Division 4 — Disclosure Requirements for Third Party Sponsors
36General information respecting third party sponsor
37Information respecting sponsored third party advertising
38Information respecting third party sponsor's own funds
39Information respecting sponsorship contributions to third party sponsor
40Information respecting third party advertising sponsored in combination
41Limited disclosure for limited third party advertising
Division 5 — Disclosure Requirements for Non-Election Assent Voting Advertising Sponsors
42General information respecting non-election assent voting advertising sponsor
43Information respecting non-election assent voting advertising
44Information respecting non-election assent voting advertising sponsor's own funds
45Information respecting sponsorship contributions to non-election assent voting advertising sponsor
46Information respecting non-election assent voting advertising sponsored in combination
47Limited disclosure for limited non-election assent voting advertising
Part 5 — Penalties for Failure to Comply with Disclosure Requirements
48When candidate disqualification penalties for failure to disclose apply — other circumstances
Part 6 — Repeal of Regulation
49Repeal

Part 1 — General

Definitions

1  In this regulation:

"Act" means the Local Elections Campaign Financing Act;

"fundraising function" includes a social function held by, or on behalf of, a candidate or elector organization for the purpose of obtaining funds for the candidate or elector organization.

[en. B.C. Reg. 152/2014, Sch. 1, s. 1.]

Application

2  This regulation does not apply in relation to the following:

(a) assent voting or an election held before the 2014 general local election;

(b) the 2018 general local election;

(c) assent voting or an election held after the 2018 general local election.

[en. B.C. Reg. 309/2016, App. 1, s. 2.]

Prescribed elections

3  (1) For purposes of section 1 (1) (i) [elections to which this Act applies] of the Act, the following elections are prescribed:

(a) an election under The Cultus Lake Park Act for a commissioner;

(b) an election under the Resort Municipality of Whistler Act for the mayor;

(c) an election under the Resort Municipality of Whistler Act for a councillor;

(d) an election under the Local Government Act for a rural water councillor as provided for by Order in Council 1870/89;

(e) an election under the Local Government Act for a water councillor as provided for by Order in Council 1870/89;

(f) an election under the Sechelt Indian Government District Enabling Act for a member of the Advisory Council;

(g) an election under the Local Government Act for a local community commissioner.

(2) In relation to the paragraph of subsection (1) referred to in column 1 of the following table, for an election for the class of office referred to in column 2 of the table, the jurisdiction in relation to the election is that referred to in column 3 of the table and the local authority in relation to the election is that referred to in column 4 of the table:

Column 1
Paragraph
Column 2
Office
Column 3
Jurisdiction
Column 4
Local Authority
(a)CommissionerCultus Lake Park BoardCultus Lake Park Board
(b)MayorResort Municipality of WhistlerThe council
(c)CouncillorResort Municipality of WhistlerThe council
(d)Rural Water CouncillorTown of OliverThe council
(e)Water CouncillorTown of OsoyoosThe council
(f)Member of the Advisory CouncilAdvisory CouncilAdvisory Council
(g)Local Community CommissionerThe Regional DistrictThe Board

[am. B.C. Regs. 151/2014; 194/2014, Sch. 1.]

Anonymous contributor class

4  For purposes of paragraph (g) of the definition of "contributor class" in the Schedule to the Act, the class of anonymous contributors is established consisting of contributors that make

(a) an anonymous campaign contribution that has a value of $50 or less, or

(b) an anonymous sponsorship contribution that has a value of $50 or less.

Classes of election expenses

5  The following classes of election expenses are established for purposes of complying with disclosure requirements for candidates and elector organizations in relation to election expenses:

(a) advertising expenses for

(i) brochures, pamphlets, flyers and similar forms of advertising,

(ii) newspaper, magazine, journal and similar forms of advertising,

(iii) radio,

(iv) signs, such as lawn signs and billboards, and similar forms of advertising,

(v) television,

(vi) the internet, and

(vii) other forms of advertising not covered by subparagraphs (i) to (vi);

(b) expenses for any communication that an elector organization transmits exclusively to its members;

(c) campaign administration expenses for

(i) salaries and wages,

(ii) rent, insurance and utilities,

(iii) courier services and postage,

(iv) furniture and equipment,

(v) office supplies,

(vi) professional services, and

(vii) other campaign administration items not covered by subparagraphs (i) to (vi);

(d) convention and similar meeting expenses;

(e) expenses for campaign related functions not covered by paragraph (d);

(f) research and polling expenses;

(g) interest expenses;

(h) personal election expenses;

(i) other.

Classes of election proceedings period expenses

6  The classes of election expenses established under section 5 [classes of election expenses] apply for purposes of complying with disclosure requirements for candidates and elector organizations in relation to election proceedings period expenses.

Classes of third party advertising and classes of non-election assent voting advertising

7  The following classes of third party advertising and classes of non-election assent voting advertising are established for purposes of complying with disclosure requirements for third party sponsors in relation to third party advertising and for assent voting advertising sponsors in relation to non-election assent voting advertising:

(a) brochures, pamphlets, flyers and similar forms of advertising;

(b) newspaper, magazine, journal and similar forms of advertising;

(c) radio;

(d) signs, such as lawn signs and billboards, and similar forms of advertising;

(e) television;

(f) the internet;

(g) other.

Part 2 — Candidate and Elector Organization Campaign Financing

Attribution of shared election expenses

8  For purposes of section 16 (6) [valuation rules for campaign contributions and election expenses] of the Act, the value of a shared election expense must be attributed to the participating candidates according to the value of each participating candidate's election expense that that candidate must disclose under the Act.

Permitted payments and deposits — candidate

9  (1) Subject to subsection (2) of this section, for purposes of section 18 (5) (h) [requirement for candidate campaign account] of the Act, a campaign account may be used for payment of the total value or a portion of the total value of a shared election expense.

(2) A campaign account may be used for the payment described in subsection (1) of this section only if the shared election expense is incurred with the consent of the financial agent of each participating candidate who must reimburse the financial agent of the participating candidate making that payment.

(3) For purposes of section 18 (6) (b) of the Act, the following may be deposited into a campaign account of the candidate:

(a) in respect of a campaign account at a credit union, dividends of shares paid by the credit union;

(b) a payment received from the financial agent of another participating candidate for reimbursement of an election expense that is a shared election expense;

(c) if

(i) the candidate sells non-monetary property or services for the purpose of obtaining funds for campaign use, and

(ii) the candidate

(A) acquired the property or services as referred to in section 13 (1) (a) [campaign contribution provided without compensation] of the Act,

(B) acquired the property or services as referred to in section 13 (1) (b) [campaign contribution if provided at less than market value] of the Act,

(C) made a payment as referred to in section 18 (5) (g) [incidental expenses] of the Act to acquire the property or services with the intention of selling that property or those services for the purpose of obtaining funds for campaign use, or

(D) acquired the property or services other than for campaign use,

the proceeds of the sale, to the extent that these are not campaign contributions required to be deposited into a campaign account of the candidate;

(d) a payment received from an individual as referred to in section 12.1 (c) (ii) of this regulation.

[am. B.C. Reg. 152/2014, Sch. 1, s. 2.]

Permitted deposits — elector organization

10  For purposes of section 20 (6) (b) [requirement for elector organization campaign account] of the Act, the following may be deposited into a campaign account of the elector organization:

(a) in respect of a campaign account at a credit union, dividends of shares paid by the credit union;

(b) if

(i) the elector organization sells non-monetary property or services for the purpose of obtaining funds for campaign use, and

(ii) the elector organization

(A) acquired the property or services as referred to in section 13 (1) (a) [campaign contribution provided without compensation] of the Act,

(B) acquired the property or services as referred to in section 13 (1) (b) [campaign contribution if provided at less than market value] of the Act,

(C) made a payment as referred to in section 20 (5) (f) [incidental expenses] of the Act to acquire the property or services with the intention of selling that property or those services for the purpose of obtaining funds for campaign use, or

(D) acquired the property or services other than for campaign use,

the proceeds of the sale, to the extent that these are not campaign contributions required to be deposited into a campaign account of the elector organization;

(c) a payment received from an individual as referred to in section 12.1 (c) (ii) of this regulation.

[am. B.C. Reg. 152/2014, Sch. 1, s. 3.]

Candidate obligation if amount not returned

11  If section 23 (6) [campaign transfers between candidates and elector organizations] of the Act applies, as soon as practicable following the end of the time for receiving additional nominations under section 97 (2) [declaration of candidates] of the Local Government Act or section 46 (2) of the Vancouver Charter, the candidate must provide to the elector organization the information required to be provided under section 23 (6) of the Act.

[am. B.C. Reg. 309/2016, App. 1, s. 3.]

Campaign contribution information that must be recorded — candidate and elector organization

12  For purposes of section 29 (1) (f) [campaign contribution information that must be recorded] of the Act, if the contributor is an organization, the following information must be recorded:

(a) if the organization has only one director, the full names and mailing addresses of that individual and an individual who is a principal official of the organization;

(b) if the organization has no directors and only one principal official, the full names and mailing addresses of that individual and an individual who is a principal member of the organization;

(c) if the organization has no directors and no principal officials, the full names and mailing addresses of at least 2 individuals who are principal members of the organization.

Charges for fundraising functions as campaign contributions

12.1  If a charge per individual is made for a fundraising function, the following rules apply:

(a) the payment of such a charge by an organization is a campaign contribution of the amount paid;

(b) if the per individual charge is greater than $50, the payment of such a charge by an individual is a campaign contribution of the amount paid;

(c) if the per individual charge is $50 or less, and an individual pays for more than one such charge,

(i) the total payment by the individual of more than $250 in respect of the charges is a campaign contribution of the amount paid, and

(ii) the total payment by an individual of $250 or less in respect of the charges is not a campaign contribution.

[en. B.C. Reg. 152/2014, Sch. 1, s. 4.]

Part 3 — Third Party Election Advertising

Sponsorship contribution information that must be recorded — third party sponsor

13  For purposes of section 36 (1) (f) [records of sponsorship contributions and sponsored advertising] of the Act, if the contributor is an organization, records of the following information must be maintained:

(a) if the organization has only one director, the full names and mailing addresses of that individual and an individual who is a principal official of the organization;

(b) if the organization has no directors and only one principal official, the full names and mailing addresses of that individual and an individual who is a principal member of the organization;

(c) if the organization has no directors and no principal officials, the full names and mailing addresses of at least 2 individuals who are principal members of the organization.

Part 4 — Transparency Requirements for Local Elections and Assent Voting

Division 1 — Sponsorship of Election Advertising and Assent Voting Advertising

Advertising sponsorship information not required

14  The requirements under section 44 [advertising must include sponsorship information] of the Act do not apply to the following forms of election advertising and non-election assent voting advertising:

(a) clothing;

(b) novelty items, including wearable novelty items such as buttons, badges, wrist bands and necklaces;

(c) small items of nominal value that are intended for personal use.

Internet election advertising

15  (1) In this section:

"internet election advertising" means election advertising or assent voting advertising that is transmitted on the internet;

"required sponsorship information" means the information required to be included in election advertising or assent voting advertising under section 44 (1) [advertising must include sponsorship information] of the Act.

(2) For purposes of section 44 (1) of the Act, an individual or organization is not prohibited from sponsoring internet election advertising, or transmitting such advertising to the public, if

(a) the internet election advertising includes a link that clearly indicates that the link will take the internet user to the required sponsorship information, and

(b) the required sponsorship information is displayed once the internet user accesses the link in the internet election advertising.

Division 2 — Disclosure Requirements for Candidates

General information respecting candidate

16  (1) A candidate disclosure statement must include the following information respecting the candidate:

(a) the full name of the candidate and, if this is different, the name used on the ballot;

(b) the jurisdiction in relation to which and the office for which the individual was a candidate;

(c) the required contact information for the candidate.

(2) If the jurisdiction referred to in subsection (1) (b) is a regional district in relation to an election under the Local Government Act for an electoral area director on a regional district board and the regional district has more than one electoral area, the candidate disclosure statement must include the electoral area in relation to which the individual was a candidate.

(3) If the jurisdiction referred to in subsection (1) (b) is the trust council in relation to an election under the Islands Trust Act for a local trust area trustee, the candidate disclosure statement must include the local trust area in relation to which the individual was a candidate.

(4) If the jurisdiction referred to in subsection (1) (b) is a board of education in relation to an election under the School Act for a trustee on a board of education and the board of education has more than one trustee electoral area, the candidate disclosure statement must include the trustee electoral area in relation to which the individual was a candidate.

Information respecting financial agents and campaign accounts of candidate

17  A candidate disclosure statement must include the following information respecting financial agents and campaign accounts of the candidate:

(a) the full name and required contact information for each individual who acted as financial agent for the candidate in relation to the election and, if the candidate appointed a financial agent, the effective date of the appointment as financial agent;

(b) the name and address of the savings institution for each campaign account of the candidate.

Information respecting candidate election expenses

18  A candidate disclosure statement must include the following information respecting election expenses of the candidate:

(a) the total value of the election expenses;

(b) the total value of the election expenses in each class of election expenses;

(c) if a total value of the election expenses is provided in respect of the class described in section 5 (i) [classes of election expenses], a description of the election expenses.

Information respecting shared election expenses

19  A candidate disclosure statement for a candidate who participated in a shared election expense must include the following information respecting the shared election expense:

(a) in respect of a candidate who paid the total value or a portion of the total value of the shared election expense, the following:

(i) the total value of that shared election expense;

(ii) if the candidate paid a portion of the total value of that shared election expense, the value of that portion;

(iii) the full names of the other participating candidates;

(b) in respect of a participating candidate who reimbursed a candidate described in paragraph (a), the value of the reimbursement.

Information respecting candidate election proceedings period expenses

20  A candidate disclosure statement must include the following information respecting election proceedings period expenses of the candidate:

(a) the total value of the election proceedings period expenses;

(b) the total value of the election proceedings period expenses in each class of election expenses;

(c) if a total value of the election proceedings period expenses is provided in respect of the class described in section 5 (i) [classes of election expenses], a description of the election proceedings period expenses.

Information respecting exclusions from candidate election proceedings period expenses

21  A candidate disclosure statement must include the following information respecting exclusions from election proceedings period expenses of the candidate:

(a) the total value of exclusions under section 15 (2) [what are election proceedings period expenses] of the Act;

(b) the total value of each applicable exclusion described in section 15 (2) of the Act.

Information respecting campaign contributions to candidate

22  A candidate disclosure statement must include the following information respecting campaign contributions received by the candidate:

(a) the total value of the campaign contributions;

(b) the total value of the campaign contributions in each contributor class, other than the anonymous contributor class;

(c) the total value of the campaign contributions in the anonymous contributor class and the total number of contributors that made those contributions;

(d) for each campaign contribution made by a significant contributor, the information referred to in section 29 (1) [campaign contribution information that must be recorded] of the Act;

(e) for each campaign contribution to which section 28 [dealing with prohibited campaign contributions] of the Act applies, the information referred to in section 29 (2) of the Act, other than the mailing address of an individual;

(f) for campaign contributions not referred to in paragraph (c), (d) or (e) of this section, the total value of the campaign contributions received and the total number of contributors that made those contributions.

Information respecting candidate campaign account transactions

23  A candidate disclosure statement must include the following information respecting amounts, other than campaign contributions and election expenses, deposited into or paid from a campaign account of the candidate or transferred between campaign accounts of the candidate:

(a) the amount and date of each payment under section 24 (2), (3) or (4) [what happens if a candidate has surplus campaign funds] of the Act;

(b) the amount and purpose of each deposit, transfer or payment under section 18 (5) (a), (b), (g) or (h) or (6) [requirement for candidate campaign account] of the Act;

(c) the amount, date and purpose of each transfer under section 18 (5) (c) of the Act;

(d) the amount and purpose of each payment for an intended election expense that did not become an election expense;

(e) the amount of each payment made from a campaign account for purposes of obtaining funds for campaign use.

Information respecting property or services provided by jurisdiction

24  A candidate disclosure statement must include the following information respecting property or services provided by the jurisdiction in relation to which an election is being held:

(a) the amount and date of each payment under section 24 (5) (a) [what happens if a candidate has surplus campaign funds] of the Act;

(b) in relation to any free election advertising transmission referred to in section 13 (6) (b) (ii) [campaign contributions to candidate or elector organization] of the Act,

(i) the date the election advertising was transmitted to the public,

(ii) the specific means by which the election advertising was transmitted to the public, and

(iii) the jurisdiction that provided the election advertising.

Additional disclosure requirements for endorsed candidates and candidates who sought endorsement

25  (1) A candidate disclosure statement for a candidate who was endorsed by an elector organization must include the following information:

(a) the name, abbreviation or acronym the elector organization used on the ballot;

(b) if different from the information provided under paragraph (a), the legal name of the elector organization;

(c) in relation to any transfer from the candidate to the elector organization under section 23 (1) [campaign transfers between candidates and elector organizations] of the Act, the amount and date of each transfer;

(d) in relation to any transfer from the elector organization to the candidate under section 23 (2) of the Act, the amount and date of each transfer;

(e) in relation to any transfer of non-monetary property or services between the candidate and the elector organization under section 13 (6) (a) (ii) or (iii) [campaign contributions to candidate or elector organization] of the Act,

(i) the value of the non-monetary property or services provided or received,

(ii) the date the non-monetary property or services were provided or received, and

(iii) a description of the non-monetary property or services provided or received.

(2) A candidate disclosure statement for a candidate who sought endorsement from an elector organization but was not endorsed must include the following information if property or services were transferred between the candidate and the elector organization:

(a) the name, abbreviation or acronym the elector organization used on the ballot;

(b) if different from the information provided under paragraph (a), the legal name of the elector organization;

(c) in relation to any transfer from the elector organization to the candidate under section 23 (4) (a) or (5) [campaign transfers between candidates and elector organizations] of the Act, the amount and date of each transfer;

(d) in relation to any transfer from the candidate to the elector organization under section 23 (4) (b) of the Act, the amount and date of each transfer.

[am. B.C. Reg. 309/2016, App. 1, s. 4.]

Division 3 — Disclosure Requirements for Elector Organizations

General information respecting elector organization

26  (1) An elector organization disclosure statement must include the following information respecting the elector organization:

(a) the name of the elector organization and, if this is different, the legal name of the elector organization;

(b) if different from the information provided under paragraph (a), the name, abbreviation or acronym the elector organization used on the ballot;

(c) the jurisdiction in relation to which the elector organization disclosure statement is being filed;

(d) the full name and required contact information for the authorized principal official of the elector organization and the full names and mailing addresses of the other responsible principal officials of the elector organization.

(2) If the jurisdiction referred to in subsection (1) (c) is a regional district in relation to an election under the Local Government Act for an electoral area director on a regional district board and the regional district has more than one electoral area, the elector organization disclosure statement must include the electoral area in relation to which the elector organization endorsed a candidate.

(3) If the jurisdiction referred to in subsection (1) (c) is the trust council in relation to an election under the Islands Trust Act for a local trust area trustee, the elector organization disclosure statement must include the local trust area in relation to which the elector organization endorsed a candidate.

(4) If the jurisdiction referred to in subsection (1) (c) is a board of education in relation to an election under the School Act for a trustee on a board of education and the board of education has more than one trustee electoral area, the elector organization disclosure statement must include the trustee electoral area in relation to which the elector organization endorsed a candidate.

Information respecting endorsed candidates

27  An elector organization disclosure statement must include the following information respecting a candidate endorsed by the elector organization:

(a) the full name of the candidate in relation to whom the elector organization filed endorsement documents and, if this is different, the name the candidate used on the ballot;

(b) the office for which the individual described in paragraph (a) was a candidate.

Information respecting financial agents and campaign accounts of elector organization

28  An elector organization disclosure statement must include the following information respecting financial agents and campaign accounts of the elector organization:

(a) the full name and required contact information for each individual who acted as financial agent for the elector organization in relation to the election and the effective date of the appointment as financial agent;

(b) the name and address of the savings institution for each campaign account of the elector organization.

Information respecting elector organization election expenses

29  An elector organization disclosure statement must include the following information respecting election expenses of the elector organization:

(a) the total value of the election expenses;

(b) the total value of the election expenses in each class of election expenses;

(c) if a total value of the election expenses is provided in respect of the class described in section 5 (i) [classes of election expenses], a description of the election expenses.

Information respecting elector organization election proceedings period expenses

30  An elector organization disclosure statement must include the following information respecting election proceedings period expenses of the elector organization:

(a) the total value of the election proceedings period expenses;

(b) the total value of the election proceedings period expenses in each class of election expenses;

(c) if a total value of the election proceedings period expenses is provided in respect of the class described in section 5 (i) [classes of election expenses], a description of the election proceedings period expenses.

Information respecting exclusions from elector organization election proceedings period expenses

31  An elector organization disclosure statement must include the following information respecting exclusions from election proceedings period expenses of the elector organization:

(a) the total value of exclusions under section 15 (2) [what are election proceedings period expenses] of the Act;

(b) the total value of each applicable exclusion described in section 15 (2) of the Act.

Information respecting campaign contributions to elector organization

32  An elector organization disclosure statement must include the following information respecting campaign contributions received by the elector organization:

(a) the total value of the campaign contributions;

(b) the total value of the campaign contributions in each contributor class, other than the anonymous contributor class;

(c) the total value of the campaign contributions in the anonymous contributor class and the total number of contributors that made those contributions;

(d) for each campaign contribution made by a significant contributor, the information referred to in section 29 (1) [campaign contribution information that must be recorded] of the Act;

(e) for each campaign contribution to which section 28 [dealing with prohibited campaign contributions] of the Act applies, the information referred to in section 29 (2) of the Act, other than the mailing address of an individual;

(f) for campaign contributions not referred to in paragraph (c), (d) or (e) of this section, the total value of the campaign contributions received and the total number of contributors that made those contributions.

Information respecting campaign contributions to individual who was never declared a candidate

33  If section 23 (6) [campaign transfers between candidates and elector organizations] of the Act applies, an elector organization disclosure statement must include the following information respecting campaign contributions made to each individual who was never declared a candidate:

(a) the total value of the campaign contributions;

(b) the total value of the campaign contributions in each contributor class, other than the anonymous contributor class;

(c) the total value of the campaign contributions in the anonymous contributor class and the total number of contributors that made those contributions;

(d) for each campaign contribution made by a significant contributor, the information referred to in section 29 (1) [campaign contribution information that must be recorded] of the Act;

(e) for each campaign contribution to which section 28 [dealing with prohibited campaign contributions] of the Act applies, the information referred to in section 29 (2) of the Act, other than the mailing address of an individual;

(f) for campaign contributions not referred to in paragraph (c), (d) or (e) of this section, the total value of the campaign contributions received and the total number of contributors that made those contributions.

Information respecting elector organization campaign account transactions

34  An elector organization disclosure statement must include the following information respecting amounts, other than campaign contributions and election expenses, deposited into or paid from a campaign account of the elector organization or transferred between campaign accounts of the elector organization:

(a) the amount and date of each payment under section 25 [what happens if an elector organization has surplus campaign funds] of the Act;

(b) the amount and purpose of each deposit under section 20 (6) (b) [requirement for elector organization campaign account] of the Act;

(c) the amount and purpose of each payment for an intended election expense that did not become an election expense;

(d) the amount of each payment made from a campaign account for purposes of obtaining funds for campaign use.

Information respecting transfers between candidates and elector organizations

35  An elector organization disclosure statement must include the following information respecting transfers of property or provision of services between a candidate and the elector organization:

(a) in relation to any transfer from the candidate to the elector organization under section 23 (1) or (4) (b) [campaign transfers between candidates and elector organizations] of the Act, the amount and date of each transfer and the full name of the candidate;

(b) in relation to any transfer from the elector organization to the candidate under section 23 (2), (4) (a) or (5) of the Act, the amount and date of each transfer and the full name of the candidate;

(c) in relation to any transfer of non-monetary property or services between the candidate and the elector organization that are excluded from being campaign contributions under section 13 (6) (a) (ii) or (iii) [campaign contributions to candidate or elector organization] of the Act,

(i) the value of the non-monetary property or services provided or received,

(ii) the date the non-monetary property or services were provided or received,

(iii) the full name of the candidate who provided or received the non-monetary property or services, and

(iv) a description of the non-monetary property or services provided or received.

[am. B.C. Reg. 309/2016, App. 1, s. 5.]

Division 4 — Disclosure Requirements for Third Party Sponsors

General information respecting third party sponsor

36  (1) A third party sponsor disclosure statement must include the following information respecting the third party sponsor:

(a) if the third party sponsor is an individual,

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

(ii) the required contact information for the individual;

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

(i) the name of the organization and, if this is different, the legal name of the organization,

(ii) any abbreviations, acronyms and other names of the organization, and

(iii) the full name and required contact information for the authorized principal official of the organization and the full names and mailing addresses of the other responsible principal officials of the organization;

(c) if the third party sponsor is a candidate or an elector organization in relation to an election that is being held at the same time as the election for which the third party sponsor is a third party sponsor, the jurisdiction in relation to which the third party sponsor is a candidate or an elector organization.

(2) If the jurisdiction referred to in subsection (1) (c) is a regional district in relation to an election under the Local Government Act for an electoral area director on a regional district board and the regional district has more than one electoral area, the third party sponsor disclosure statement must include the electoral area in relation to which the third party sponsor is a candidate or an elector organization.

(3) If the jurisdiction referred to in subsection (1) (c) is the trust council in relation to an election under the Islands Trust Act for a local trust area trustee, the third party sponsor disclosure statement must include the local trust area in relation to which the third party sponsor is a candidate or an elector organization.

(4) If the jurisdiction referred to in subsection (1) (c) is a board of education in relation to an election under the School Act for a trustee on a board of education and the board of education has more than one trustee electoral area, the third party sponsor disclosure statement must include the trustee electoral area in relation to which the third party sponsor is a candidate or an elector organization.

Information respecting sponsored third party advertising

37  (1) A third party sponsor disclosure statement must include the following information respecting sponsored third party advertising:

(a) the total value of the third party advertising;

(b) the total value of the third party advertising in each class of third party advertising;

(c) if a total value of the third party advertising is provided in respect of the class described in section 7 (g) [classes of third party advertising and classes of non-election assent voting advertising], a description of the third party advertising;

(d) the total value of the third party advertising that is directed advertising in each jurisdiction;

(e) the total value of the third party advertising that is directed advertising in each class of third party advertising in each jurisdiction;

(f) if a total value of the third party advertising that is directed advertising is provided in respect of the class described in section 7 (g), a description of the third party advertising.

(2) If the jurisdiction referred to in subsection (1) (d) or (e) is a regional district in relation to an election under the Local Government Act for an electoral area director on a regional district board and the regional district has more than one electoral area, the third party sponsor disclosure statement must include the electoral area in relation to which the third party sponsor sponsored directed advertising.

(3) If the jurisdiction referred to in subsection (1) (d) or (e) is the trust council in relation to an election under the Islands Trust Act for a local trust area trustee, the third party sponsor disclosure statement must include the local trust area in relation to which the third party sponsor sponsored directed advertising.

(4) If the jurisdiction referred to in subsection (1) (d) or (e) is a board of education in relation to an election under the School Act for a trustee on a board of education and the board of education has more than one trustee electoral area, the third party sponsor disclosure statement must include the trustee electoral area in relation to which the third party sponsor sponsored directed advertising.

Information respecting third party sponsor's own funds

38  A third party sponsor disclosure statement must include the total value of the third party sponsor's own funds, other than funds received by way of a sponsorship contribution, used to pay for third party advertising.

Information respecting sponsorship contributions to third party sponsor

39  A third party sponsor disclosure statement must include the following information respecting sponsorship contributions received by the third party sponsor:

(a) the total value of the sponsorship contributions;

(b) the total value of the sponsorship contributions in each contributor class, other than the anonymous contributor class;

(c) the total value of the sponsorship contributions in the anonymous contributor class and the total number of contributors that made those contributions;

(d) for sponsorship contributions made by a significant contributor, the information referred to in section 36 (1) [records of sponsorship contributions and sponsored advertising] of the Act;

(e) for each sponsorship contribution to which section 35 [dealing with prohibited sponsorship contributions] of the Act applies, the information referred to in section 36 (2) of the Act, other than the mailing address of an individual;

(f) for sponsorship contributions not referred to in paragraph (c), (d) or (e) of this section, the total value of the sponsorship contributions received and the total number of contributors that made those contributions.

Information respecting third party advertising sponsored in combination

40  A third party sponsor disclosure statement for a third party sponsor that sponsors third party advertising in combination with one or more other third party sponsors must include the following information:

(a) the total value of the third party advertising;

(b) the names of the other third party sponsors of that third party advertising as those names appear in the sponsorship information required under section 44 (1) [advertising must include sponsorship information] of the Act.

Limited disclosure for limited third party advertising

41  Despite this Division, a third party sponsor disclosure statement for a third party sponsor to which section 51 (3) [third party disclosure statement — information and other requirements] of the Act applies must include only the following:

(a) the information listed in section 36 [general information respecting third party sponsor] of this regulation;

(b) a statement confirming that the total value of the third party advertising sponsored by the third party sponsor was less than $500.

Division 5 — Disclosure Requirements for Non-Election Assent Voting Advertising Sponsors

General information respecting non-election assent voting advertising sponsor

42  An assent voting advertising disclosure statement must include the following information respecting the assent voting advertising sponsor:

(a) if the assent voting advertising sponsor is an individual,

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

(ii) the required contact information for the individual;

(b) if the assent voting advertising sponsor is an organization,

(i) the name of the organization and, if this is different, the legal name of the organization,

(ii) any abbreviations, acronyms and other names of the organization, and

(iii) the full name and required contact information for the authorized principal official of the organization and the full names and mailing addresses of the other responsible principal officials of the organization.

Information respecting non-election assent voting advertising

43  An assent voting advertising disclosure statement must include the following information respecting non-election assent voting advertising sponsored by the assent voting advertising sponsor:

(a) the total value of the non-election assent voting advertising;

(b) the total value of the non-election assent voting advertising in each class of non-election assent voting advertising;

(c) if a total value of the non-election assent voting advertising is provided in respect of the class described in section 7 (g) [classes of third party advertising and classes of non-election assent voting advertising], a description of the non-election assent voting advertising.

Information respecting non-election assent voting advertising sponsor's own funds

44  An assent voting advertising disclosure statement must include the total value of the assent voting advertising sponsor's own funds, other than funds received by way of a sponsorship contribution, used to pay for non-election assent voting advertising.

Information respecting sponsorship contributions to non-election assent voting advertising sponsor

45  An assent voting advertising disclosure statement for an assent voting advertising sponsor that sponsors non-election assent voting advertising must include the following information respecting sponsorship contributions received by the assent voting advertising sponsor:

(a) the total value of the sponsorship contributions;

(b) the total value of the sponsorship contributions in each contributor class, other than the anonymous contributor class;

(c) the total value of the sponsorship contributions in the anonymous contributor class and the total number of contributors that made those contributions;

(d) for sponsorship contributions made by a significant contributor, the information referred to in section 36 (1) [records of sponsorship contributions and sponsored advertising] of the Act;

(e) for each sponsorship contribution to which section 35 [dealing with prohibited sponsorship contributions] of the Act applies, the information referred to in section 36 (2) of the Act, other than the mailing address of an individual;

(f) for sponsorship contributions not referred to in paragraph (c), (d) or (e) of this section, the total value of the sponsorship contributions received and the total number of contributors that made those contributions.

Information respecting non-election assent voting advertising sponsored in combination

46  An assent voting advertising disclosure statement for an assent voting advertising sponsor that sponsors non-election assent voting advertising in combination with one or more other assent voting advertising sponsors must include the following information:

(a) the total value of the non-election assent voting advertising;

(b) the names of the other assent voting advertising sponsors of that non-election assent voting advertising as those names appear in the sponsorship information required under section 44 (1) [advertising must include sponsorship information] of the Act.

Limited disclosure for limited non-election assent voting advertising

47  Despite this Division, an assent voting advertising disclosure statement for an assent voting advertising sponsor to which section 52 (3) [non-election assent voting advertising sponsor disclosure statement — information and other requirements] of the Act applies must include only the following:

(a) the information listed in section 42 [general information respecting non-election assent voting advertising sponsor] of this regulation;

(b) a statement confirming that the total value of the non-election assent voting advertising sponsored by the assent voting advertising sponsor was less than $500.

Part 5 — Penalties for Failure to Comply with Disclosure Requirements

When candidate disqualification penalties for failure to disclose apply — other circumstances

48  For purposes of section 64 (5) [disqualification penalties for failure to disclose] of the Act, a candidate becomes subject to the penalties under section 64 of the Act as follows:

(a) if an application for relief under section 66 [application for relief in relation to disclosure requirements] of the Act is heard and dismissed before the penalties under section 64 of the Act would otherwise apply under subsection (5) of that section, on the later of

(i) the day after the compliance deadline, and

(ii) the day on which the application is dismissed;

(b) if the petition for an application for relief under section 66 of the Act has not been served as required, on the later of

(i) the day after the compliance deadline, and

(ii) the date by which the petition is required to be served;

(c) if an application for relief under section 66 of the Act has not been set down for hearing as required, on the later of

(i) the day after the compliance deadline, and

(ii) the date by which the application is required to be set down for hearing.

Part 6 — Repeal of Regulation

Repeal

49  This regulation is repealed on December 31, 2023.

[en. B.C. Reg. 309/2016, App. 1, s. 6.]

[Provisions relevant to the enactment of this regulation: Local Elections Campaign Financing Act, S.B.C. 2014, c. 18, section 100]