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This Act is current to November 14, 2018
See the Tables of Legislative Changes for this Act’s legislative history, including any changes not in force.

Election Act

[RSBC 1996] CHAPTER 106

Part 10.1 — Election Communications

Repealed

228   [Repealed 2017-20-29.]

Tenant and strata election advertising

228.1   (1) A landlord or person acting on a landlord's behalf must not prohibit a tenant from displaying election advertising posters on the premises to which the tenant's tenancy agreement relates.

(2) A strata corporation or any agent of a strata corporation must not prohibit the owner or tenant of a strata unit from displaying election advertising posters on the premises of his or her unit.

(3) Despite subsections (1) and (2), a landlord, a person, a strata corporation or an agent referred to in that subsection may

(a) set reasonable conditions relating to the size or type of election advertising posters that may be displayed on the premises, and

(b) prohibit the display of election advertising posters in common areas of the building in which the premises are found.

Sponsorship of election advertising

229   (1) For the purposes of this Part and Part 11, the sponsor of election advertising is whichever of the following is applicable:

(a) the individual or organization who pays for the election advertising to be conducted;

(b) if the services of conducting the advertising are provided without charge as a contribution, the individual or organization to whom the services are provided as a contribution;

(c) if the individual or organization that is the sponsor within the meaning of paragraph (a) or (b) is acting on behalf of another individual or organization, the other individual or organization.

(2) Where this Part and Part 11 requires the inclusion of a mailing address or telephone number at which a sponsor can be contacted,

(a) any mailing address given must be within British Columbia,

(b) any telephone number given must be that of a place within British Columbia, and

(c) the sponsor must make available an individual to be responsible for answering questions from the public that are directed to the address or telephone number.

(3) Where this Part and Part 11 requires a sponsor to be identified, for a numbered corporation or an unincorporated organization the identification must include both

(a) the name of the organization, and

(b) the name of an individual director or, if there are no individual directors, an individual who is a principal officer or a principal member of the organization.

(4) On request of the chief electoral officer,

(a) an individual identified as a sponsor, or

(b) an individual identified as a director, principal officer or principal member of an organization identified as a sponsor

must file with the chief electoral officer a solemn declaration that the identified sponsor is in fact the sponsor and that the sponsor has not contravened this Part and Part 11.

No indirect sponsorship of election advertising

230   An individual or organization must not sponsor election advertising with the property of any other individual or organization or indirectly through any other individual or organization.

Election advertising must identify sponsor

231   (1) Subject to subsection (2), an individual or organization must not sponsor, or publish, broadcast or transmit to the public, any election advertising unless the advertising

(a) identifies the name of the sponsor or, in the case of a candidate, the name of the candidate's financial agent or the financial agent of the registered political party represented by the candidate,

(b) if applicable, indicates that the sponsor is a registered third party sponsor under this Act,

(c) indicates that it was authorized by the identified sponsor or financial agent, and

(d) gives a telephone number or mailing address at which the sponsor or financial agent may be contacted regarding the advertising.

(2) Subsection (1) does not apply to any class of election advertising exempted under section 283.

(3) The chief electoral officer, or a person acting on the direction of the chief electoral officer, may

(a) remove and destroy, without notice to any person, or

(b) require a person to remove or discontinue, and destroy,

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

Identification of sponsor — activities

231.01   (1) With respect to an activity described in section 1 (3) (a), the person canvassing a voter must provide to the voter the information described in section 231 (1) (a) to (c).

(2) With respect to an activity described in section 1 (3) (b), the material must include the information described in section 231 (1) (a) to (d).

(3) The chief electoral officer, or a person acting on the direction of the chief electoral officer, may require a person to discontinue any activity referred to in subsections (1) and (2) of this section that does not meet the requirements described in those subsections.

Monetary penalties for failure to identify sponsor

231.02   (1) Within 7 days of the chief electoral officer making a determination of non-compliance with section 231 or 231.01 by a person, the chief electoral officer must notify the person of the non-compliance and the related penalty.

(2) Unless relief is granted by a court on an application under this section, if the chief electoral officer gives notice under subsection (1) of this section, the person must pay to the chief electoral officer a penalty in the amount of up to $10 000, as determined by the chief electoral officer.

(3) A person who is subject to a monetary penalty under this section may apply to the Supreme Court in accordance with this section for relief from the monetary penalty for non-compliance.

(4) An application may be made only within 30 days after the chief electoral officer, under subsection (1), notifies the person of the non-compliance and the related penalty.

(5) The petition commencing an application must be served on the chief electoral officer within 7 days after the petition is filed and the chief electoral officer is a party to the application.

(6) On the hearing of an application, the court may do the following:

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

(b) make any order the court considers appropriate to secure compliance with section 231 or 231.01 to the extent the court considers reasonable in the circumstances;

(c) refuse to grant relief.

Restriction on rates charged for campaign period election advertising

232   An individual or organization must not charge a registered political party, registered constituency association or candidate a rate for campaign period election advertising in a periodical publication or on radio or television that exceeds the lowest rate charged by the individual or organization for equivalent advertising in the same medium during the same campaign period.

Prohibition against certain campaign period election advertising on general voting day

233   (1) An individual or organization must not publish, broadcast or transmit to the public campaign period election advertising in an electoral district on general voting day before the close of all of the voting stations in the electoral district.

(2) An individual or organization must not sponsor or agree to sponsor in an electoral district campaign period election advertising that is or is to be published, broadcasted or transmitted to the public on general voting day before the close of all of the voting stations in the electoral district, whether the publication, broadcast or transmission is within British Columbia or outside British Columbia.

(3) Subject to section 234 (2) (a), subsections (1) and (2) do not apply in respect of any of the following:

(a) a notice of an event that the leader of a registered political party intends to attend or an invitation to meet or hear the leader of a registered political party;

(b) a message that was transmitted to the public on the internet before general voting day and that was not changed before the close of all of the voting stations in the electoral district;

(c) the distribution on general voting day of pamphlets or the posting of messages on signs, posters or banners;

(d) a message that was transmitted to the public on the internet for the sole purpose of encouraging voters to vote in the election.

Prohibition against transmitting new poll results on general voting day

233.1   (1) [Repealed 2017-20-35.]

(2) An individual or organization must not publish, broadcast or transmit to the public, in an electoral district on general voting day before the close of all of the voting stations in the electoral district, the results of an election opinion survey that have not previously been made available to the public.

Restriction on election campaigning near election offices and voting places

234   (1) During a campaign period, an individual or organization must not post, display or disseminate in or within 100 metres of the building where the office of the district electoral officer is located

(a) campaign period election advertising, or

(b) any material that identifies a candidate, registered political party or registered constituency association, unless this is done with the authorization of the district electoral officer.

(2) While advance voting or general voting is being conducted at a voting place, an individual or organization must not do any of the following in or within 100 metres of the building where the voting is being conducted:

(a) post, display or disseminate

(i) campaign period election advertising, or

(ii) any material that identifies a candidate, registered political party or registered constituency association, unless this is done with the authorization of the district electoral officer;

(b) canvass or solicit votes or otherwise attempt to influence how a voter votes;

(c) carry, wear or supply a flag, badge or other thing indicating that the individual using it is a supporter of a particular candidate or registered political party;

(d) post, display, disseminate or openly leave a representation of a ballot marked for a particular candidate or registered political party.

(3) If subsection (1) or (2) is being contravened by the posting or display of materials, the district electoral officer or another election official authorized by the district electoral officer may enter on the property where the materials are located and remove or cover or otherwise obscure them from view.

(4) While advance voting or general voting is being conducted at a voting place, an individual or organization must not publish, broadcast or transmit to the public campaign period election advertising by means of a public address system or loudspeaker that is within hearing distance of the voting place.

Repealed

235   [Repealed 2002-60-7.]

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