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B.C. Reg. 309/2016
O.C. 919/2016
Deposited December 8, 2016
effective December 8, 2016
This consolidation is current to August 15, 2017.
Link to Point in Time

Local Elections Campaign Financing Act

Local Elections Campaign Financing Expense Limit Regulation

[includes amendments up to B.C. Reg. 36/2017, February 20, 2017]

Contents
Part 1 — General
1Definitions
2Application
3Prescribed elections
4Anonymous contributor class
5Election area
6Classes of election expenses
7Classes of election period expenses and classes of campaign period expenses
8Classes of third party advertising and classes of non-election assent voting advertising
9Prescribed transmissions
Part 2 — Candidate and Elector Organization Campaign Financing
10Campaign contributions — loans and debts
11Attribution of shared election expenses to participating candidates
12Permitted payments and deposits — candidate
13Permitted payments and deposits — elector organization
14Amount-available information that must be recorded
15Information about lender that must be recorded
16Candidate obligation if amount not returned
17Campaign contribution information that must be recorded — candidate and elector organization
18Charges for fundraising functions as campaign contributions
Part 3 — Third Party Election Advertising
19Third party advertising limits
20Attribution of shared third party advertising to participating third party sponsors
21Attribution of value of directed advertising to third party advertising limit
22Sponsorship contribution information that must be recorded — third party sponsor
Part 4 — Non-Election Assent Voting Advertising
23Attribution of shared non-election assent voting advertising to participating sponsors
Part 5 — Transparency Requirements for Local Elections and Assent Voting
Division 1 — Sponsorship of Election Advertising and Assent Voting Advertising
24When advertising sponsorship information not required
25Internet election advertising
Division 2 — Disclosure Requirements for Candidates and Elector Organizations
26Other provision of property or services
Division 3 — Disclosure Requirements for Candidates
27General information respecting candidate
28Information respecting financial agents and campaign accounts of candidate
29Information respecting candidate election period expenses
30Information respecting shared election expenses — election period expenses
31Information respecting shared election expenses — campaign period expenses
32Information respecting candidate campaign period expenses
33Information respecting exclusions from candidate election period expenses
34Information respecting exclusions from candidate campaign period expenses
35Information respecting campaign contributions to candidate
36Information respecting candidate campaign account transactions
37Information respecting property or services
38Additional disclosure requirements for endorsed candidates and candidates who sought endorsement
Division 4 — Disclosure Requirements for Elector Organizations
39General information respecting elector organization
40Information respecting endorsed candidates
41Information respecting financial agents and campaign accounts of elector organization
42Information respecting elector organization election period expenses
43Information respecting elector organization campaign period expenses
44Information respecting exclusions from elector organization election period expenses
45Information respecting exclusions from elector organization campaign period expenses
46Information respecting campaign contributions to elector organization
47Information respecting campaign contributions to individual who was never declared a candidate
48Information respecting elector organization campaign account transactions
49Information respecting transfers between candidates and elector organizations
50Information respecting loans
Division 5 — Disclosure Requirements for Third Party Sponsors
51General information respecting third party sponsor
52Information respecting sponsored third party advertising
53Information respecting third party sponsor's own funds
54Information respecting sponsorship contributions to third party sponsor
55Information respecting shared third party advertising
56Limited disclosure for limited third party advertising
Division 6 — Disclosure Requirements for Non-Election Assent Voting Advertising Sponsors
57General information respecting non-election assent voting advertising sponsor
58Information respecting non-election assent voting advertising
59Information respecting non-election assent voting advertising sponsor's own funds
60Information respecting sponsorship contributions to non-election assent voting advertising sponsor
61Information respecting shared non-election assent voting advertising
62Limited disclosure for limited non-election assent voting advertising
Part 6 — Expense Limits
Division 1 — Establishment of Expense Limits
63Expense limits — election area population of less than 10 000
64Expense limits — election area population of 10 000 or more
65Expense limits — francophone education authority
Division 2 — Campaign Financing Arrangements
66Requirements for campaign financing arrangement
67Termination of campaign financing arrangement by candidate
68Termination of campaign financing arrangement by elector organization
69Effect in relation to campaign period expenses of endorsement relationship ending
Division 3 — Attribution
70Attribution of elector organization campaign period expenses
Part 7 — Penalties for Failure to Comply with Disclosure Requirements and Expense Limits
71When candidate penalties for failure to disclose apply — other circumstances
72When candidate penalties for exceeding expense limits or amount available apply — other circumstances
Part 8 — Appeals and Final Determinations
73Determination of who ceases to hold office
Part 9 — Forms
74Prescribed forms
Schedule

Part 1 — General

Definitions

1  (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;

"loan" includes an interest free loan;

"shared non-election assent voting advertising" means non-election assent voting advertising sponsored jointly by 2 or more non-election assent voting advertising sponsors, such that a portion of the total value of the non-election assent voting advertising attributed to each sponsor under section 33 (6) [valuation rules for third party advertising] of the Act is non-election assent voting advertising of each of the sponsors participating in the non-election assent voting advertising.

(2) In the Act and this regulation, "incur" means, in relation to an election expense, using property or services in such a manner that the value of the property or services is an election expense.

Application

2  This regulation does not apply in relation to the following that are held before the 2018 general local election:

(a) assent voting;

(b) an election.

Prescribed elections

3  (1) For the 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 Local Government Act for a local community commissioner;

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

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

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

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

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

(g) an election under The Cultus Lake Park Act for a 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)Local Community CommissionerRegional DistrictThe Board
(b)Rural Water CouncillorTown of OliverThe council
(c)Water CouncillorTown of OsoyoosThe council
(d)MayorResort Municipality of WhistlerThe council
(e)CouncillorResort Municipality of WhistlerThe council
(f)Member of the Advisory CouncilAdvisory CouncilAdvisory Council
(g)CommissionerCultus Lake Park BoardCultus Lake Park Board

[am. B.C. Reg. 36/2017, s. 1.]

Anonymous contributor class

4  For the 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.

Election area

5  For the purposes of the definition of "election area" in the Schedule to the Act, the election area,

(a) in relation to an election under The Cultus Lake Park Act, means the area for which an election is held under that Act;

(b) in relation to an election under the Resort Municipality of Whistler Act, means the area for which an election is held under that Act;

(c) in relation to an election under the Sechelt Indian Government District Enabling Act, means the area for which an election is held under that Act.

Classes of election expenses

6  The following classes of election expenses are established for the 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) Repealed. [B.C. Reg. 36/2017, s. 2.]

(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) other.

[am. B.C. Reg. 36/2017, s. 2.]

Classes of election period expenses and classes of campaign period expenses

7  The classes of election expenses established under section 6 apply for the purposes of complying with disclosure requirements for candidates and elector organizations in relation to election period expenses and campaign period expenses.

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

8  The following classes of third party advertising and classes of non-election assent voting advertising are established for the 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) internet;

(g) other.

Prescribed transmissions

9  (1) In this section, "placement cost" means the following:

(a) the price paid for advertising space on the internet;

(b) if no price is paid, or if the price paid is less than market value, the value of advertising space on the internet that is provided as a campaign contribution or sponsorship contribution, as applicable.

(2) For the purposes of section 7 (2) (e) [what is not election advertising] of the Act, the following transmissions are prescribed:

(a) a transmission of a communication on the internet that does not have a placement cost and that promotes or opposes, directly or indirectly,

(i) the election of a candidate, or

(ii) an elector organization that is endorsing a candidate or is an established elector organization, including a communication that takes a position on an issue with which the candidate or elector organization is associated;

(b) assent voting advertising that is transmitted on the internet that would be election advertising under section 8 (3) [assent voting advertising that is election advertising] of the Act and that does not have a placement cost.

(3) For the purposes of section 8 (5) (e) [what is not non-election assent voting advertising] of the Act, a transmission on the internet, that does not have a placement cost, of a communication that promotes or opposes, directly or indirectly, a particular result in assent voting is prescribed.

[am. B.C. Reg. 36/2017, s. 3.]

Part 2 — Candidate and Elector Organization Campaign Financing

Campaign contributions — loans and debts

10  For the purposes of section 13 (1) (i) [campaign contributions to candidate or elector organization] of the Act, provision of the following property or services is prescribed:

(a) if a loan provided to a candidate or elector organization for campaign use is made at a rate of interest that is less than the prime lending rate of the principal banker to the Province on the date the loan is received, the difference between the amount of interest that would be payable at that prime lending rate and the amount of interest charged for the loan;

(b) the amount of a loan provided to a candidate or elector organization for campaign use that remains unpaid if it remains unpaid for 6 months after it becomes due and no legal proceedings to recover the loan have been commenced by the creditor;

(c) the amount of a loan provided to a candidate or elector organization for campaign use if the amount of the loan is forgiven.

Attribution of shared election expenses to participating candidates

11  (1) The value of shared election expenses that are election period expenses must be attributed to a participating candidate in accordance with the proportion of the value of the property or services used that the participating candidate must disclose under the Act as an election period expense under the Act.

(2) The value of shared election expenses that are campaign period expenses must be attributed to a participating candidate in accordance with the proportion of the value of the property or services used that the participating candidate must disclose under the Act as a campaign period expense under the Act.

Permitted payments and deposits — candidate

12  (1) Subject to subsection (2) of this section, for the purposes of section 18 (5) (h) [requirement for candidate campaign account] of the Act, a campaign account may be used for the following:

(a) paying the total value or a portion of the total value of a shared election expense;

(b) paying a loan provided to a candidate for campaign use.

(2) A campaign account may be used for the payment described in subsection (1) (a) 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 the 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 18 (c) (ii) of this regulation;

(e) a loan provided to the candidate for campaign use.

[am. B.C. Reg. 36/2017, s. 4.]

Permitted payments and deposits — elector organization

13  (1) For the purposes of section 20 (5) (g) [requirement for elector organization campaign account] of the Act, a campaign account may be used for the payment of a loan provided to an elector organization for campaign use.

(2) For the purposes of section 20 (6) (b) 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 18 (c) (ii) of this regulation;

(d) a loan provided to the elector organization for campaign use.

[am. B.C. Reg. 36/2017, s. 5.]

Amount-available information that must be recorded

14  For the purposes of section 22 (2) (g) [recording requirements] of the Act, the financial agent of an elector organization must record the following:

(a) the amount that is available for use by the elector organization during the campaign period in the election campaign of the endorsing elector organization as set out in the campaign financing arrangement between the elector organization and a candidate endorsed by the elector organization;

(b) if the campaign financing arrangement referred to in paragraph (a) is amended under section 63.10 [amendment to and termination of campaign financing arrangement] of the Act, the amended amount that is available for use by the elector organization during the campaign period in the election campaign of the endorsing elector organization;

(c) the date that the campaign financing arrangement referred to in paragraph (a) is signed by the candidate, the date it is signed by the financial agent of the candidate, if the candidate has a financial agent, and the date it is signed by the financial agent of the elector organization;

(d) if the campaign financing arrangement referred to in paragraph (a) is amended under section 63.10 of the Act, the date the amendment is signed by the candidate, the date it is signed by the financial agent of the candidate, if the candidate has a financial agent, and the date it is signed by the financial agent of the elector organization;

(e) if a candidate endorsed by the elector organization terminates the campaign financing arrangement and delivers a copy of the notification of termination to the elector organization, the date the candidate signed the notification of termination.

Information about lender that must be recorded

15  For the purposes of section 22 (2) (g) [recording requirements] of the Act, the financial agent of a candidate or elector organization must record the following in relation to a loan provided to the candidate or elector organization for campaign use, if the lender is an organization and

(a) has 2 or more directors, the full names and mailing addresses of at least 2 individuals who are directors of the organization,

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

(c) 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,

(d) has no directors, the full names and mailing address of at least 2 individuals who are principal officials of the organization, or

(e) 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.

Candidate obligation if amount not returned

16  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.

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

17  For the 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

18  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.

Part 3 — Third Party Election Advertising

Third party advertising limits

19  (1) For the purposes of section 41.1 (a) (i) [third party advertising limits — population less than 15 000] of the Act, the prescribed amount is $750.

(2) For the purposes of section 41.1 (a) (ii) [third party advertising limits — population 15 000 or more] of the Act, the third party advertising limit for third party advertising that is directed advertising is determined as follows:

(a) the amount in respect of an election under the Local Government Act or the Vancouver Charter for mayor and an election under those Acts for councillor for the applicable election area is, in total, the greater of the following:

(i) $750;

(ii) 5% of the expense limit for the candidate for mayor;

(b) the amount in respect of an election under the Local Government Act for an electoral area director for the applicable election area is the greater of the following:

(i) $750;

(ii) 5% of the expense limit for the candidate for electoral area director;

(c) the amount in respect of an election under the Vancouver Charter for a Vancouver Park Board member for the applicable election area is the greater of the following:

(i) $750;

(ii) 5% of the expense limit for the candidate for Vancouver Park Board member;

(d) the amount in respect of an election under the Islands Trust Act for a local trust area trustee for the applicable election area is the greater of the following:

(i) $750;

(ii) 5% of the expense limit for the candidate for local trust area trustee;

(e) the amount in respect of an election under the School Act for a trustee on a board of education for the applicable election area is the greater of the following:

(i) $750;

(ii) 5% of the expense limit for the candidate for trustee on a board of education;

(f) the amount in respect of an election under the School Act for a regional trustee of a francophone education authority is 5% of the amount prescribed by section 65 [expense limits — francophone education authority];

(g) the amount in respect of an election under The Cultus Lake Park Act for a commissioner for the applicable election area is the greater of the following:

(i) $750;

(ii) 5% of the expense limit for the candidate for commissioner;

(h) the amount in respect of an election under the Local Government Act for a local community commissioner for the applicable election area is the greater of the following:

(i) $750;

(ii) 5% of the expense limit for the candidate for local community commissioner;

(i) the amount in respect of an election under the Local Government Act for a rural water councillor as provided for by Order in Council 1870/89 for the applicable election area is the greater of the following:

(i) $750;

(ii) 5% of the expense limit for the candidate for rural water councillor;

(j) the amount in respect of an election under the Local Government Act for a water councillor as provided for by Order in Council 1870/89 for the applicable election area is the greater of the following:

(i) $750;

(ii) 5% of the expense limit for the candidate for water councillor;

(k) the amount in respect of an election under the Resort Municipality of Whistler Act for mayor or for councillor for the applicable election area, in total, is the greater of the following:

(i) $750;

(ii) 5% of the expense limit for the candidate for mayor;

(l) the amount in respect of an election under the Sechelt Indian Government District Enabling Act for a member of the Advisory Council for the applicable election area is the greater of the following:

(i) $750;

(ii) 5% of the expense limit for the candidate for member of the Advisory Council.

(3) For the purposes of section 41.1 (b) [cumulative third party advertising limit] of the Act, the prescribed amount is $150 000.

Attribution of shared third party advertising to participating third party sponsors

20  The value of shared third party advertising must be attributed to the participating third party sponsors in accordance with the amount paid by each participating third party sponsor for the shared third party advertising.

Attribution of value of directed advertising to third party advertising limit

21  (1) In this section:

"applicable third party advertising limit" means the third party advertising limit in a relevant election area;

"coverage", in relation to directed advertising, means the following:

(a) the amount of space used to promote or oppose, directly or indirectly, a candidate or elector organization;

(b) the amount of time used to promote or oppose, directly or indirectly, a candidate or elector organization;

"relevant election area" means an election area in relation to which third party advertising specifically relates to a candidate or elector organization that is undertaking an election campaign.

(2) Subject to subsection (3), if a single third party sponsor sponsors directed advertising that specifically relates to one or more candidates, one or more elector organizations or one or more of both candidates and elector organizations in 2 or more election areas, the third party sponsor must attribute the value of the directed advertising to the applicable third party advertising limit on a reasonable basis in proportion to the coverage of the candidate or elector organization in the directed advertising.

(3) If a single third party sponsor sponsors directed advertising that specifically relates to an elector organization that endorses candidates in 2 or more election areas and that is not specifically related to candidates, the third party sponsor must attribute the value of the directed advertising to the applicable third party advertising limit as follows:

(a) the sponsor must determine the number of election areas in which the elector organization endorses candidates and to which the directed advertising relates;

(b) the sponsor must divide the value of the directed advertising by the number determined under paragraph (a);

(c) the sponsor must attribute the amount determined under paragraph (b) to each applicable third party advertising limit.

(4) Subject to subsection (5), if 2 or more third party sponsors sponsor shared third party advertising that is directed advertising that specifically relates to one or more candidates, one or more elector organizations or one or more of both candidates and elector organizations in 2 or more election areas, the third party sponsors must attribute the value of the directed advertising to the applicable third party advertising limit as follows:

(a) the sponsors must attribute the value of the directed advertising to the applicable third party advertising limit on a reasonable basis in proportion to the coverage of the candidate or elector organization in the directed advertising;

(b) the sponsors must express the amount paid by each sponsor as a percentage of the total value of the directed advertising;

(c) the sponsors must multiply the value attributed under paragraph (a) by the percentages under paragraph (b) for each relevant election area;

(d) the sponsors must attribute, in relation to each sponsor, the amount determined under paragraph (c) to the applicable third party advertising limits.

(5) If 2 or more third party sponsors sponsor shared third party advertising that is directed advertising that specifically relates to an elector organization that endorses candidates in 2 or more election areas and that is not specifically related to candidates, the third party sponsors must attribute the value of the directed advertising to the applicable third party advertising limit as follows:

(a) the sponsors must determine the number of election areas in which the elector organization endorses candidates and to which the directed advertising relates;

(b) the sponsors must divide the value of the directed advertising by the number determined under paragraph (a);

(c) the sponsors must attribute the amount determined under paragraph (b) to each applicable third party advertising limit;

(d) the sponsors must express the amount paid by each sponsor as a percentage of the total value of the directed advertising;

(e) the sponsors must multiply the value attributed under paragraph (c) by the percentages under paragraph (d) for each relevant election area;

(f) the sponsors must attribute, in relation to each sponsor, the amount determined under paragraph (e) to the applicable third party advertising limits.

[am. B.C. Reg. 36/2017, s. 6.]

Sponsorship contribution information that must be recorded — third party sponsor

22  For the 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 — Non-Election Assent Voting Advertising

Attribution of shared non-election assent voting advertising to participating sponsors

23  The value of shared non-election assent voting advertising must be attributed to the participating sponsors in accordance with the amount paid by each participating sponsor for the shared non-election assent voting advertising.

Part 5 — Transparency Requirements for Local Elections and Assent Voting

Division 1 — Sponsorship of Election Advertising and Assent Voting Advertising

When advertising sponsorship information not required

24  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

25  (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 the 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 and Elector Organizations

Other provision of property or services

26  For the purposes of section 13 (6) (c) [property or services that are not campaign contributions but must be disclosed] of the Act, a loan provided to a candidate or elector organization for campaign use is prescribed.

Division 3 — Disclosure Requirements for Candidates

General information respecting candidate

27  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 election area in relation to which the individual was a candidate;

(c) the jurisdiction in relation to which the individual was a candidate;

(d) the office for which the individual was a candidate;

(e) the required contact information for the candidate.

Information respecting financial agents and campaign accounts of candidate

28  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 more than one financial agent, the effective date of each appointment;

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

Information respecting candidate election period expenses

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

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

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

(c) if a total value of the election period expenses is provided in respect of the class described in section 6 (h) [classes of election expenses], a description of the election period expenses.

[am. B.C. Reg. 36/2017, s. 7.]

Information respecting shared election expenses — election period expenses

30  A candidate disclosure statement for a candidate who participated in shared election expenses that are election period expenses must include the following information respecting the shared election expenses:

(a) the total value of the shared election expenses;

(b) the amount paid by the candidate of the total value of the shared election expenses;

(c) the total amount of reimbursements received by the candidate from the other participating candidate or candidates;

(d) the total amount of reimbursements paid by the candidate to the other participating candidate or candidates;

(e) the full names of the other participating candidate or candidates.

Information respecting shared election expenses — campaign period expenses

31  A candidate disclosure statement for a candidate who participated in shared election expenses that are campaign period expenses must include the following information respecting the shared election expenses:

(a) the total value of the shared election expenses;

(b) the amount paid by the candidate of the total value of the shared election expenses;

(c) the total amount of reimbursements received by the candidate from the other participating candidate or candidates;

(d) the total amount of reimbursements paid by the candidate to the other participating candidate or candidates;

(e) the full names of the other participating candidate or candidates.

Information respecting candidate campaign period expenses

32  A candidate disclosure statement must include the following information respecting campaign period expenses of the candidate:

(a) the total value of the campaign period expenses;

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

(c) if a total value of the campaign period expenses is provided in respect of the class described in section 6 (h) [classes of election expenses], a description of the campaign period expenses.

Information respecting exclusions from candidate election period expenses

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

(a) the total value of exclusions under section 14 (6) [election expenses of candidates] of the Act;

(b) the total value of each applicable exclusion described in section 14 (6) of the Act.

Information respecting exclusions from candidate campaign period expenses

34  A candidate disclosure statement must include the following information respecting exclusions from campaign period expenses of the candidate:

(a) the total value of exclusions under section 14 (6) [election expenses of candidates] of the Act;

(b) the total value of each applicable exclusion described in section 14 (6) of the Act.

Information respecting campaign contributions to candidate

35  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

36  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), (g) or (h) [requirement for candidate campaign account] of the Act;

(c) the total amount of transfers under section 18 (5) (b) of the Act in relation to each campaign account;

(d) the total amount of transfers under section 18 (5) (c) of the Act;

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

(f) the amount of each payment made from a campaign account for the purposes of obtaining funds for campaign use, other than obtaining funds by way of a loan;

(g) the amount and purpose of each deposit under section 18 (6) (a) of the Act;

(h) the amount and purpose of each deposit under section 18 (6) (b) of the Act, other than a loan.

Information respecting property or services

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

(ii) the jurisdiction that provided the election advertising.

(2) A candidate disclosure statement must include the following information respecting a loan provided to a candidate for campaign use:

(a) if the lender is an individual, the full name of the lender;

(b) if the lender is an organization, the name of the organization;

(c) the amount of the loan;

(d) the date the loan is received;

(e) the due date of the loan;

(f) the rate of interest, if any, charged for the loan;

(g) the prime lending rate of the principal banker to the Province on the date the loan is received;

(h) any amount outstanding on the loan;

(i) whether the lender is

(i) an individual;

(ii) a corporation;

(iii) an unincorporated organization engaged in business or commercial activity;

(iv) a trade union;

(v) a non-profit organization;

(vi) another identifiable contributor.

Additional disclosure requirements for endorsed candidates and candidates who sought endorsement

38  (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 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, 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) 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.

Division 4 — Disclosure Requirements for Elector Organizations

General information respecting elector organization

39  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 election area in relation to which the elector organization disclosure statement is being filed;

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

(e) 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.

Information respecting endorsed candidates

40  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;

(c) the election area in relation to which the individual described in paragraph (a) was a candidate.

Information respecting financial agents and campaign accounts of elector organization

41  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, if the elector organization appointed more than one financial agent, the effective date of each appointment;

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

Information respecting elector organization election period expenses

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

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

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

(c) if a total value of the election period expenses is provided in respect of the class described in section 6 (h) [classes of election expenses], a description of the election period expenses.

[am. B.C. Reg. 36/2017, s. 8.]

Information respecting elector organization campaign period expenses

43  An elector organization disclosure statement must include the following information respecting campaign period expenses of the elector organization:

(a) the total value of the campaign period expenses;

(b) for each candidate endorsed by the elector organization, the total value of the campaign period expenses attributable to each candidate's expense limit;

(c) for each candidate endorsed by the elector organization, the total value of campaign period expenses attributable to each candidate's expense limit in each class of election expenses;

(d) if a total value of the campaign period expenses attributable to a candidate's expense limit is provided in respect of the class described in section 6 (h) [classes of election expenses], a description of the campaign period expenses.

[am. B.C. Reg. 36/2017, s. 9.]

Information respecting exclusions from elector organization election period expenses

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

(a) the total value of exclusions under section 14 (6) [election expenses of elector organization] of the Act;

(b) the total value of each applicable exclusion described in section 14 (6) of the Act.

Information respecting exclusions from elector organization campaign period expenses

45  An elector organization disclosure statement must include the following information respecting exclusions from campaign period expenses of the elector organization:

(a) the total value of exclusions under section 14 (6) [election expenses of elector organization] of the Act;

(b) the total value of each applicable exclusion described in section 14 (6) of the Act.

Information respecting campaign contributions to elector organization

46  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

47  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

48  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 date of each payment for a loan provided to an elector organization for campaign use;

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

(d) the total amount of transfers under section 20 (5) (b) of the Act;

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

(f) the amount of each payment made from a campaign account for the purposes of obtaining funds for campaign use, other than obtaining funds by way of a loan;

(g) the total amounts of transfers under section 20 (5) (a) of the Act in relation to each campaign account;

(h) the amount and purpose of each deposit under section 18 (6) (a) of the Act.

Information respecting transfers between candidates and elector organizations

49  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.

Information respecting loans

50  An elector organization disclosure statement must include the following information respecting each loan provided to the elector organization for campaign use:

(a) if the lender is an individual, the full name of the lender;

(b) if the lender is an organization, the name of the organization;

(c) the amount of the loan;

(d) the date the loan is received;

(e) the due date of the loan;

(f) the rate of interest, if any, on the loan;

(g) the prime lending rate of the principal banker to the Province on the date the loan is received;

(h) any amount outstanding on the loan;

(i) whether the lender is

(i) an individual;

(ii) a corporation;

(iii) an unincorporated organization engaged in business or commercial activity;

(iv) a trade union;

(v) a non-profit organization;

(vi) another identifiable contributor.

Division 5 — Disclosure Requirements for Third Party Sponsors

General information respecting third party sponsor

51  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 and the election area in relation to which the third party sponsor is a candidate or an elector organization.

Information respecting sponsored third party advertising

52  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, under paragraph (b) of this section, in respect of the class described in section 8 (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 election area;

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

(f) if a total value of the third party advertising that is directed advertising is provided, under paragraph (e) of this section, in respect of the class described in section 8 (g) a description of the third party advertising;

(g) the jurisdiction in relation to which the third party sponsor sponsored directed advertising.

Information respecting third party sponsor's own funds

53  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

54  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 shared third party advertising

55  A third party sponsor disclosure statement for a third party sponsor that participated in shared third party advertising must include the following information in relation to each time the third party sponsor sponsors third party advertising jointly with one or more other third party sponsors:

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

(b) the total amount of the third party advertising that was paid for by the third party sponsor;

(c) the names of the other participating third party sponsors 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

56  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 51 [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 is less than $500.

Division 6 — Disclosure Requirements for Non-Election Assent Voting Advertising Sponsors

General information respecting non-election assent voting advertising sponsor

57  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;

(c) the jurisdiction in relation to which the non-election assent voting advertising relates.

Information respecting non-election assent voting advertising

58  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 8 (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

59  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

60  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 shared non-election assent voting advertising

61  An assent voting advertising disclosure statement for an assent voting advertising sponsor that participated in shared non-election assent voting advertising must include the following information in relation to each time the assent voting sponsor sponsors non-election assent voting advertising jointly with one or more other sponsors:

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

(b) the total amount of the non-election assent voting advertising that was paid for by the assent voting advertising sponsor;

(c) the names of the other participating assent voting advertising sponsors 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

62  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 57 [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 is less than $500.

Part 6 — Expense Limits

Division 1 — Establishment of Expense Limits

Expense limits — election area population of less than 10 000

63  (1) For the purposes of section 63.01 (1) (a) [expense limits — candidate for mayor] of the Act, the prescribed amount is $10 000.

(2) For the purposes of section 63.01 (2) (a) [expense limits — candidate for other than mayor] of the Act, the prescribed amount is $5 000.

Expense limits — election area population of 10 000 or more

64  (1) For the purposes of section 63.01 (1) (b) [expense limits — candidate for mayor] of the Act, the amount of the expense limit is determined in accordance with subsection (2) of this section.

(2) The expense limit for a candidate in an election for mayor is the total of the following:

(a) $1 for each person up to and including 15 000 persons;

(b) $0.55 for each person over 15 000 persons up to and including 150 000 persons;

(c) $0.60 for each person over 150 000 persons up to and including 250 000 persons;

(d) $0.15 for each person over 250 000 persons.

(3) For the purposes of section 63.01 (2) (b) [expense limits — candidate for other than mayor] of the Act, the amount of the expense limit is determined in accordance with subsection (4) of this section.

(4) The expense limit for a candidate in an election, other than in an election for mayor, is the total of the following:

(a) $0.50 for each person up to and including 15 000 persons;

(b) $0.28 for each person over 15 000 persons up to and including 150 000 persons;

(c) $0.30 for each person over 150 000 persons up to and including 250 000 persons;

(d) $0.08 for each person over 250 000 persons.

Expense limits — francophone education authority

65  For the purposes of section 63.01 (4) [expense limits — candidate for regional trustee of francophone education authority] of the Act, the prescribed amount is $25 000.

Division 2 — Campaign Financing Arrangements

Requirements for campaign financing arrangement

66  For the purposes of section 63.07 (3) (e) [written campaign financing arrangement required] of the Act, the following matters are prescribed:

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

(b) the full name of the financial agent of the candidate, if the candidate has a financial agent;

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

(d) the full name of the financial agent of the elector organization;

(e) the office for which the individual is a candidate;

(f) the election area in relation to which the individual is a candidate;

(g) the jurisdiction in relation to which the individual is a candidate;

(h) the address for service of the candidate that is required to be provided to the chief election officer under section 90 (1) (c) [other information to be provided by candidate] of the Local Government Act;

(i) the address for service of the financial agent of the elector organization that is required to be included in the appointment of the financial agent under section 19 (3) [each elector organization must have a financial agent] of the Act;

(j) a requirement that the candidate deliver a copy of the completed campaign financing arrangement, including a copy of a completed campaign financing arrangement as amended under section 63.10 [amendment to and termination of campaign financing arrangement] of the Act, if applicable as soon as practicable to the address for service of the financial agent of the elector organization;

(k) a requirement that the candidate file a copy of the completed campaign financing arrangement, including a copy of a completed campaign financing arrangement as amended under section 63.10 of the Act, if applicable as soon as practicable with the BC chief electoral officer;

(l) if a campaign financing arrangement is amended under section 63.10 of the Act,

(i) the information required under paragraphs (a) to (g) of this section,

(ii) the amended amount, if any, that is available for use by the candidate during the campaign period in the election campaign of the candidate, and

(iii) the amended amount, if any, that is available for use by the elector organization during the campaign period in the election campaign of the endorsing elector organization.

Termination of campaign financing arrangement by candidate

67  (1) For the purposes of section 63.10 (4) [termination of campaign financing arrangement] of the Act, a campaign financing arrangement may be terminated by a candidate only in accordance with this section.

(2) In order for a campaign financing arrangement to be terminated, the following steps must be taken:

(a) the candidate must complete the notification in the prescribed form of termination;

(b) the candidate must deliver a copy of the completed notification of termination to the address for service of the financial agent of the elector organization;

(c) the financial agent of the elector organization must, as soon as possible,

(i) acknowledge, in writing, receipt of the copy of the notification of termination and sign and date the acknowledgement,

(ii) deliver a copy of the written acknowledgement to the address for service of the candidate, and

(iii) notify the authorized principal official of the elector organization that the financial agent received notification of termination;

(d) the candidate must, as soon as practicable, file a copy of the notification of termination with the BC chief electoral officer.

(3) For the purposes of subsection (2) (b), a candidate must deliver a copy of the notification of termination to the address for service of the financial agent of the elector organization on or before a date that will ensure that the financial agent receives the notification on or before the day before the start of the campaign period.

(4) Termination of the campaign financing arrangement takes effect on the following date, whichever occurs first:

(a) the date the financial agent for the elector organization receives the notification of termination;

(b) the day before the start of the campaign period.

(5) When the financial agent of an elector organization receives a notification of termination under subsection (2) (b), the elector organization must use best efforts to stop promoting, directly or indirectly, the election of the candidate.

Termination of campaign financing arrangement by elector organization

68  (1) For the purposes of section 63.10 (4) [termination of campaign financing arrangement] of the Act, a campaign financing arrangement may be terminated by an elector organization only in accordance with this section.

(2) In order for a campaign financing arrangement to be terminated, the following steps must be taken:

(a) the financial agent of the elector organization must complete the notification in the prescribed form of termination;

(b) the authorized principal official of the elector organization must sign and date the notification of termination;

(c) the financial agent of the elector organization must deliver a copy of the completed notification of termination to the address for service of the candidate;

(d) the candidate must, as soon as possible,

(i) acknowledge, in writing, receipt of the copy of the notification of termination and sign and date the acknowledgement,

(ii) deliver a copy of the written acknowledgement to the address for service of the financial agent of the elector organization, and

(iii) if the candidate has a financial agent, the candidate must, as soon as possible, notify the financial agent that the candidate received notification of termination;

(e) the financial agent of the elector organization must, as soon as practicable, file a copy of the notification of termination with the BC chief electoral officer.

(3) For the purposes of subsection (2) (c), the financial agent of the elector organization must deliver a copy of the notification of termination to the address for service of the candidate on or before a date that will ensure that the candidate receives the notification on or before the day before the start of the campaign period.

(4) The termination of the campaign financing arrangement takes effect on the following date, whichever occurs first:

(a) the date the candidate receives the notification of termination;

(b) the day before the start of the campaign period.

(5) When a candidate receives a notification of termination under subsection (2) (c), the candidate must use best efforts to stop promoting, directly or indirectly, the elector organization.

[am. B.C. Reg. 36/2017, s. 10.]

Effect in relation to campaign period expenses of endorsement relationship ending

69  (1) If the circumstance referred to in section 63.11 (1) (a) [withdrawal of candidate] of the Act occurs, the candidate must deliver, as soon as possible after the candidate knows that the minister has approved the withdrawal of the candidate under section 101 (2) [withdrawal of candidate] of the Local Government Act or section 52 (2) of the Vancouver Charter, written notification of the withdrawal of the candidate to the following:

(a) the address for service of the elector organization;

(b) the BC chief electoral officer.

(2) If the circumstance in section 63.11 (1) (b) [candidate incapacitated] of the Act occurs, the local election officer must deliver, at the same time that the officer notifies the minister responsible under section 101 (4) [death or incapacity of candidate] of the Local Government Act or section 52 (4) of the Vancouver Charter, written notification of the incapacity or death of the candidate to the following:

(a) the address for service of the elector organization endorsing the candidate;

(b) the BC chief electoral officer.

(3) If any of the circumstances in section 63.11 (1) of the Act apply, an elector organization must use best efforts to stop promoting, directly or indirectly, the election of the candidate and incurring campaign period expenses that would otherwise be attributed to the candidate, starting on the following dates, as applicable, whichever occurs first:

(a) the date the elector organization receives the notification under subsection (1) or (2) of this section;

(b) the date the elector organization becomes aware of the death of the candidate.

Division 3 — Attribution

Attribution of elector organization campaign period expenses

70  (1) If an elector organization endorses more than one candidate, the campaign period expenses of the elector organization must be attributed to the expense limit of each candidate endorsed by the elector organization on a reasonable basis in proportion to the benefit received by the candidate.

(2) For the purposes of this section, in determining the proportion of the benefit received by a candidate from campaign period expenses incurred for election advertising, the following factors must be considered:

(a) the amount of space used to promote or oppose, directly or indirectly, the election of the candidate or opposes, directly or indirectly, the election of a candidate in the same election;

(b) the amount of time used to promote or oppose, directly or indirectly, the election of the candidate or opposes, directly or indirectly, the election of a candidate in the same election.

Part 7 — Penalties for Failure to Comply with Disclosure Requirements and Expense Limits

When candidate penalties for failure to disclose apply — other circumstances

71  For the purposes of section 64 (5) [penalties for failure to disclose] of the Act, a candidate becomes subject to the penalties under that section 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.

When candidate penalties for exceeding expense limits or amount available apply — other circumstances

72  For the purposes of section 68.01 (7) [penalties for exceeding expense limits or amount available] of the Act, a candidate becomes subject to the penalties under that section as follows:

(a) if an application for relief under section 68.04 [application for relief in relation to exceeding expense limits or amount available] of the Act is heard and dismissed before the penalty under section 68.01 (3) of the Act would otherwise apply under section 68.01 (7) of the Act, 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 68.04 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 68.04 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 8 — Appeals and Final Determinations

Determination of who ceases to hold office

73  For the purposes of section 72 (4) [appeals and final determinations] of the Act, the individuals who received the lowest numbers of votes in the by-election cease to hold office.

Part 9 — Forms

Prescribed forms

74  The following forms set out in the Schedule are prescribed:

(a) Amendment of a Campaign Financing Arrangement;

(b) Campaign Financing Arrangement;

(c) Notification of Termination of a Campaign Financing Arrangement.

Schedule

[am. B.C. Reg. 36/2017, s. 11.]

[Provisions relevant to the enactment of this regulation: Local Elections Campaign Financing Act, S.B.C. 2014, c. 18, sections 100, 100.1 and 100.2]