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This Act is current to May 16, 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 11 — Third Party Advertising

Division 1 — Sponsorship Contributions

Definition

235.01   In this Division, "contribution" means an amount of money or the value of any property or services provided without compensation by way of donation, advance, deposit, discount or otherwise provided to a third party sponsor.

Sponsorship contributions

235.02   (1) Subject to this section and sections 235.021 to 235.031, a sponsorship contribution is a contribution, in relation to which the contributor has provided a contributor confirmation and contributor consent, that is provided for the purpose of sponsoring election advertising.

(2) If property or services are

(a) provided to a third party sponsor at less than market value, or

(b) acquired from a third party sponsor at greater than market value,

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

(3) The value of the following is not a sponsorship contribution:

(a) services provided by a volunteer, being an individual who

(i) voluntarily performs the services, and

(ii) receives no compensation, directly or indirectly, in relation to the services or the time spent providing the services;

(b) property of a volunteer if it is provided or used in relation to the services of the individual as a volunteer;

(c) publishing without charge news, an editorial, an interview, a column, a letter or a commentary in a bona fide periodical publication or a radio or television program;

(d) broadcasting time provided, without charge, as part of a bona fide public affairs program;

(e) producing, promoting or distributing a publication for no less than its market value, if the publication was planned to be sold regardless of the election.

Loans and guarantees to third party sponsors

235.021   (1) This section applies to third party sponsors that are required to file disclosure reports under section 244.

(2) A permissible loan, or a guarantee for a permissible loan, to a third party sponsor is not a sponsorship contribution.

(3) A permissible loan, or a guarantee for a permissible loan, to a third party sponsor must be made only by a savings institution.

(4) A third party sponsor must not accept a loan other than a permissible loan.

(5) A savings institution must not make to a third party sponsor a loan other than a permissible loan.

(6) A third party sponsor must not accept a guarantee for a permissible loan unless the guarantee is provided with non-preferential treatment.

(7) A savings institution must not make or accept a guarantee for a permissible loan to a third party sponsor unless the guarantee is provided with non-preferential treatment.

(8) As an exception to subsection (2), a permissible loan to a third party sponsor is a sponsorship contribution if a savings institution does not make commercially reasonable efforts to collect or enforce the loan.

Debts

235.03   (1) In this section "debt" means a debt, other than a debt arising from a permissible loan, that is owed by a third party sponsor in relation to sponsoring election advertising.

(2) A debt is a sponsorship contribution if

(a) the debt remains unpaid 6 months after becoming due and payable, and

(b) the creditor does not make commercially reasonable efforts to collect or recover the debt.

(3) For certainty, nothing in this section affects the rights of a creditor in relation to a debt that becomes a sponsorship contribution under this section.

Sponsorship contributions through fundraising functions

235.031   (1) A charge per individual for a fundraising function is a sponsorship contribution if the third party sponsor obtains a contributor confirmation and contributor consent for that amount.

(2) If the amount paid for property or services offered for sale at a fundraising function is greater than the market value of the property or services, the difference between the amount paid and the market value at the time the amount is agreed to be paid is a sponsorship contribution if the third party sponsor obtains a contributor confirmation and contributor consent for that amount.

(3) The value of property or services, or both, donated by an individual for sale at a fundraising function is a sponsorship contribution if the third party sponsor obtains a contributor confirmation and contributor consent for that donation unless the property or services are used for sale at the fundraising function.

Making and using sponsorship contributions

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

(2) A third party sponsor must not use a contribution that is not a sponsorship contribution to sponsor election advertising.

(3) Before a third party sponsor may use a contribution to sponsor election advertising, the third party sponsor must obtain from the contributor the following in writing:

(a) a confirmation from the contributor that the contributor is an eligible individual;

(b) consent from the contributor that the third party sponsor may use all or part of the contribution to sponsor election advertising.

(4) If a contributor does not provide a contributor confirmation and contributor consent, the contribution is not a sponsorship contribution.

Contributor confirmation and consent in relation to sponsorship contributions

235.041   (1) A contributor may provide a contributor confirmation and contributor consent

(a) at the time the contributor makes a contribution, or

(b) after the date the contributor makes a contribution but before the earlier of the following:

(i) the date that is 24 months after the date the contributor made the contribution;

(ii) the date the third party sponsor uses the contribution.

(2) A third party sponsor

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

(b) must, when making that request, advise the contributor whether the contributor has previously provided a contributor consent for one or more contributions in the applicable calendar year, and, if so, the amount of those contributions.

(3) A third party sponsor who does not obtain a contributor confirmation and contributor consent must not use any part of the contribution to sponsor election advertising.

(4) A third party sponsor who obtains a contributor confirmation and contributor consent must, if the sponsor is required to open a sponsorship account under section 235.071 or 235.08, transfer to the sponsorship account all sponsorship contributions of money to which the confirmation and consent relate.

Sponsorship contribution limits

235.05   (1) An eligible individual must not, in a calendar year, make sponsorship contributions that have a total value greater than the applicable amount under subsection (4) or (5) to any one third party sponsor.

(2) A third party sponsor must not accept

(a) from an eligible individual, in a calendar year, sponsorship contributions that have a total value greater than the applicable amount under subsection (4) or (5), or

(b) a sponsorship contribution that the sponsor has reason to believe is made in contravention of this Act.

(3) If 2 or more third party sponsors sponsor election advertising in combination, the third party sponsors must not use sponsorship contributions from a single contributor that exceed the limit set in subsection (2) (a) for that sponsorship.

(4) For 2017 and 2018, the applicable amount for subsections (1) and (2) is $1 200.

(5) For 2019 and each following year, the chief electoral officer must establish the applicable amount for subsections (1) and (2) for the year as soon as possible after each January 1 of that year by

(a) determining the ratio between the consumer price index at January 1, 2018 and the consumer price index at January 1 of the year to which the limit applies, and

(b) applying the ratio to adjust the amount that is to apply for that year.

Restrictions on sponsorship contributions

235.051   (1) An individual or organization must not make a sponsorship contribution indirectly by giving money, or providing property or services without compensation, to a person

(a) for that person to make a sponsorship contribution, or

(b) as consideration for that person making a sponsorship contribution.

(2) An individual or organization must not make a sponsorship contribution with money, property or services of any other person.

(3) As an exception to subsections (1) and (2), an individual may make a sponsorship contribution with money, property or services of another individual, if that other individual is an eligible individual, but must disclose to the registered third party sponsor required to record the contribution under section 241 (2) the full name and address of the eligible individual whose money, property or services are being used.

Limits on anonymous sponsorship contributions

235.06   (1) In respect of a general election, a third party sponsor must not use anonymous sponsorship contributions

(a) such that the total value of the anonymous sponsorship contributions is greater than

(i) $250, or a higher amount established by regulation, in relation to a single electoral district, and

(ii) $5 000, or a higher amount established by regulation, overall, or

(b) in combination with one or more third party sponsors such that the total value of the anonymous sponsorship contributions is greater than

(i) $250, or a higher amount established by regulation, in relation to a single electoral district, and

(ii) $5 000, or a higher amount established by regulation, overall.

(2) In respect of a by-election, a third party sponsor must not use anonymous sponsorship contributions

(a) such that the total value of the anonymous sponsorship contributions is greater than $250, or a higher amount established by regulation, or

(b) in combination with one or more third party sponsors such that the total value of the anonymous sponsorship contributions is greater than $250, or a higher amount established by regulation.

(3) A third party sponsor must not use as an anonymous sponsorship contribution, an anonymous sponsorship contribution that has a value greater than $25, or a higher amount established by regulation.

(4) Sections 235.04 (2) and (3) and 235.041 (3) do not apply to anonymous sponsorship contributions.

Prohibited sponsorship contributions must be returned

235.061   (1) If a third party sponsor becomes aware that a contribution was made or accepted as a sponsorship contribution in contravention of this Act, the third party sponsor must return to the contributor

(a) the contribution, or

(b) an amount equal to the value of the contribution

within 30 days after the third party sponsor becomes aware of the contravention.

(2) If a third party sponsor is not able to comply with subsection (1), the sponsor must not use the contribution to sponsor election advertising.

Sponsorship contributions over specified amount

235.07   An eligible individual must not make, and a third party sponsor must not accept, a sponsorship contribution of money in an amount greater than $100, or a higher amount established by regulation, except by means of

(a) a cheque with the name of the contributor legibly shown on it and drawn on an account in the contributor's name maintained in a savings institution,

(b) a money order with the name of the contributor legibly shown on it and signed by the contributor,

(c) a credit card in the name of the contributor, or

(d) an electronic transfer of funds from an account in the contributor's name maintained in a savings institution.

Requirement for sponsorship account

235.071   (1) A third party sponsor who accepts a sponsorship contribution that brings the total value of the sponsorship contributions accepted by the third party sponsor to an amount greater than $10 000 must, as soon as practicable, open a sponsorship account at a savings institution.

(2) A sponsorship account under this section

(a) must be,

(i) in the case of a third party sponsor who is an individual, in the name of the individual, and

(ii) in the case of a third party sponsor that is an organization,

(A) in the name of the organization,

(B) in the name of one of the principal officers of the organization, or

(C) if there are no principal officers, in the name of one of the principal members of the organization,

(b) must be used exclusively for purposes of sponsoring election advertising by the sponsor, and

(c) must not receive deposits other than those required or permitted under this section.

(3) The third party sponsor must ensure that

(a) the only amounts deposited into a sponsorship account of the sponsor are amounts permitted to be deposited under this section, and

(b) a sponsorship account of the sponsor is not used for any purpose other than one permitted under this section.

(4) If a third party sponsor is required to open a sponsorship account under subsection (1), the sponsor must

(a) deposit every sponsorship contribution of money in the sponsorship account, and

(b) transfer to the sponsorship account, within 7 days of opening the sponsorship account, all sponsorship contributions of money that the sponsor has accepted, other than sponsorship contributions of money that the sponsor has used, before the date of opening the sponsorship account, to sponsor election advertising.

(5) In addition to purposes of sponsoring election advertising, a sponsorship account under this section may be used for the following purposes:

(a) transfers required under section 235.041 (4);

(b) making payments required under section 235.061;

(c) transfers permitted under section 235.08 (2);

(d) transfers out of, or withdrawals from, the sponsorship account if the money being transferred or withdrawn is not used to sponsor election advertising.

(6) In addition to the required deposits under subsection (4), the following may be deposited into a sponsorship account of the sponsor:

(a) assets, other than assets received by way of contribution;

(b) an amount equal to the amount transferred or withdrawn under subsection (5) (d) if the money was not used to sponsor election advertising;

(c) permissible loans;

(d) interest on amounts on deposit in the sponsorship account;

(e) dividends paid on the sponsorship account if the account is at a credit union.

(7) If a third party sponsor who is required to open a sponsorship account under subsection (1) is deregistered as a sponsor, the sponsor is not required to keep the sponsorship account open, but may do so.

(8) If an individual or organization that is required to open a sponsorship account under subsection (1) does not register as a sponsor, the individual or organization is not required to keep the sponsorship account open, but may do so.

Subsequent sponsorship account

235.08   (1) If, after closing a sponsorship account, a third party sponsor accepts a sponsorship contribution that brings the total value of the sponsorship contributions accepted by the sponsor from the date of the closure of the sponsorship account to an amount greater than $10 000, the sponsor must open a new sponsorship account at a savings institution and section 235.071 (2) to (8) applies.

(2) The third party sponsor may transfer into the sponsorship account required under subsection (1) an amount equal to an amount up to the balance that remained in the previous sponsorship account when it was closed.

Division 2 — Third Party Advertising Limits

Value of election advertising

235.081   In this Division and Division 4, the value of election advertising is

(a) the price paid for preparing and conducting the election advertising, or

(b) the market value of preparing and conducting the election advertising, if no price is paid or if the price paid is lower than the market value.

Third party advertising limits

235.1   (1) In respect of a general election, an individual or organization other than a candidate, registered political party or registered constituency association must not sponsor, directly or indirectly, campaign period election advertising during the campaign period

(a) such that the total value of that campaign period election advertising is greater than

(i) $3 000 in relation to a single electoral district, and

(ii) $150 000 overall, or

(b) in combination with one or more individuals or organizations, or both, such that the total value of that campaign period election advertising is greater than

(i) $3 000 in relation to a single electoral district, and

(ii) $150 000 overall.

(2) In respect of a by-election, an individual or organization other than a candidate, registered political party or registered constituency association must not sponsor, directly or indirectly, campaign period election advertising during the campaign period

(a) such that the total value of that campaign period election advertising is greater than $3 000, or

(b) in combination with one or more individuals or organizations, or both, such that the total value of that campaign period election advertising is greater than $3 000.

(3) Sections 204 and 270.01 apply to adjust the amounts under this section.

Penalties for exceeding advertising limit

235.2   (1) Unless relief is granted by a court under section 235.3, if a third party sponsor exceeds an campaign period election advertising limit, the third party sponsor

(a) is deregistered as a third party sponsor under Division 3 of this Part and is not entitled to be reregistered as a third party sponsor until after the next general election, and

(b) must pay to the chief electoral officer a penalty of 10 times the amount by which the value of the campaign period election advertising sponsored by the third party sponsor exceeds the limit.

(2) In the case of a third party sponsor that is an unincorporated organization, the members of the organization are jointly and severally liable to pay the penalty under subsection (1) (b).

(3) A penalty referred to in subsection (1) is effective as follows:

(a) if no application under section 235.3 is made in respect of the third party sponsor, at the end of the period for making such an application;

(b) if, on the final determination of an application under section 235.3, the court refuses to grant relief from the penalty, at the time of that determination.

Court order for relief from advertising limit

235.3   (1) A third party sponsor may apply to the Supreme Court in accordance with this section for relief from penalties under section 235.2.

(2) An application may be made only within 120 days after general voting day for the election in relation to which the election advertising limit was exceeded.

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

(4) On the hearing of an application, the court may

(a) grant relief from a penalty if the court considers that, in relation to the non-compliance, the third party sponsor acted in good faith, or

(b) refuse to grant relief.

Repealed

236-238   [Repealed 2002-60-8.]

Division 3 — Registration of Sponsors

Third party sponsors must be registered

239   (1) Subject to subsection (2), an individual or organization who is not registered under this Division must not sponsor election advertising.

(2) A candidate, registered political party or registered constituency association is not required to be registered under this Division.

(3) An individual or organization who is registered or required to be registered as a third party sponsor must be independent of registered political parties, registered constituency organizations, candidates, agents of candidates and financial agents, and must not sponsor election advertising on behalf of or together with any of these.

Registration with chief electoral officer

240   (1) An individual or organization who wishes to become a registered third party sponsor must file an application in accordance with this section with the chief electoral officer.

(2) An application must include the following information:

(a) the full name of the applicant and, in the case of an applicant organization that has a different usual name, this usual name;

(b) the full address of the applicant;

(c) in the case of an applicant organization, the names of the principal officers of the organization or, if there are no principal officers, of the principal members of the organization;

(d) an address at which notices and communications under this Act and other communications will be accepted as served on or otherwise delivered to the individual or organization;

(e) a telephone number at which the applicant can be contacted;

(f) any other information required by regulation to be included.

(3) An application must

(a) be signed, as applicable, by the individual applicant or, in the case of an applicant organization, by 2 principal officers of the organization or, if there are no principal officers, by 2 principal members of the organization, and

(b) be accompanied by a signed statement of an individual who signed the application under paragraph (a) that the applicant

(i) is not prohibited from being registered by section 247, and

(ii) does not intend to sponsor election advertising for any purpose related to circumventing the provisions of this Act limiting the value of election expenses that may be incurred by a candidate or registered political party.

(4) The chief electoral officer may require applications to be in a specified form.

(5) As soon as practicable after receiving an application, if satisfied that the requirements of this section are met by an applicant, the chief electoral officer must register the applicant as a registered third party sponsor in the register maintained by the chief electoral officer for this purpose.

(6) If there is any change in the information referred to in subsection (2) for a registered third party sponsor, the third party sponsor must file with the chief electoral officer written notice of the change within 30 days after it occurs.

(7) A notice or other communication that is required or authorized under this Act to be given to a third party sponsor is deemed to have been given if it is delivered to the applicable address filed under this section with the chief electoral officer.

(8) As soon as practicable after the registration of a third party sponsor, the chief electoral officer must advise the registered third party sponsor of the most recent adjusted amount established under section 235.05.

Register of third party sponsors

240.01   The chief electoral officer must establish and maintain a register of all registered third party sponsors and must include in the register the information referred to in section 240 (2) and the date of the appointment of an auditor by the registered third party sponsor, if applicable.

Obligations of third party sponsor

241   (1) The identification of a registered third party sponsor referred to in section 231 must be a name filed by the third party sponsor under section 240 with the chief electoral officer.

(2) An individual or organization that is registered or required to be registered as a third party sponsor must maintain records of the following information:

(a) in respect of sponsorship contributions accepted by the third party sponsor,

(i) in the case of anonymous sponsorship contributions, the date on which the sponsorship contributions were accepted, the total amount accepted on each date and, if applicable, the event at which they were accepted, and

(ii) in the case of sponsorship contributions that are not anonymous sponsorship contributions, the information referred to in section 190 (1) (a) to (c) and (f) and the written contributor confirmations and contributor consents obtained under section 235.04;

(b) in respect of the amounts deposited into or paid from the third party sponsor's sponsorship account, if applicable,

(i) the total amount transferred under section 235.041 (4),

(ii) the amount and date of each payment under section 235.061,

(iii) the amount and date of each deposit made under section 235.071 (4) (a),

(iv) the amount and date of each transfer made under section 235.071 (4) (b),

(v) the total amount transferred or withdrawn under section 235.071 (5) (d),

(vi) the amount and date of each deposit made under section 235.071 (6) (a) and (b), and

(vii) the total amount transferred under section 235.08 (2).

Voluntary deregistration

242   (1) A registered third party sponsor may apply to the chief electoral officer for deregistration in accordance with this section.

(2) As an exception, a third party sponsor may not apply for deregistration under this section if the third party sponsor is subject to deregistration under this Part or has not yet paid a penalty under this Part.

(3) An application for deregistration must be in writing and must be signed, as applicable,

(a) by the individual applicant, or

(b) in the case of an applicant organization, by 2 principal officers of the organization or, if there are no principal officers, by 2 principal members of the organization.

(4) On being satisfied that an application for deregistration is authorized by the third party sponsor, the chief electoral officer must deregister the third party sponsor.

(5) As a limit on subsection (4), if during a pre-campaign period a registered third party sponsor has sponsored pre-campaign period election advertising or if during a campaign period a registered third party sponsor has sponsored campaign period election advertising, the third party sponsor must not be deregistered until the election advertising disclosure report for the third party sponsor has been filed.

Reregistration

243   In order to be reregistered, an individual or organization must file any outstanding reports and pay any outstanding penalties under this Part.

Division 4 — Reporting by Third Party Sponsors

Disclosure reporting by third party sponsor

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

(2) If a third party sponsor sponsors election advertising that has a total value greater than $10 000, the third party sponsor must file with the chief electoral officer an initial disclosure report that includes the information referred to in subsection (3) within 14 days of the third party sponsor sponsoring the advertising message being transmitted to the public that brings the total value of the election advertising to an amount greater than $10 000.

(3) The initial disclosure report must include the following information:

(a) the full name of each contributor who made one or more sponsorship contributions that, in total, have a value of more than $250, or a higher amount established by regulation, since the most recent general election;

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

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

(5) A subsequent disclosure report must include the following information:

(a) the full name of each contributor who made one or more sponsorship contributions that, in total, have a value of more than $250, or a higher amount established by regulation since the date of the initial disclosure report;

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

(6) The third party sponsor must file subsequent disclosure reports under subsection (4) until general voting day.

Election advertising disclosure reports by third party sponsors

244   (1) If a third party sponsor sponsors election advertising that has a total value of greater than $500, or a higher amount established by regulation, the third party sponsor must file with the chief electoral officer an election advertising disclosure report in accordance with this section and section 245.

(2) An election advertising disclosure report under subsection (1) must be filed within 90 days after general voting day for the election to which it relates.

(3) [Repealed 2017-20-50.]

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

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

Contents of disclosure report

245   (1) An election advertising disclosure report under section 244 must be in the form prescribed by regulation and must include the following information:

(a) the value of the election advertising sponsored by the third party sponsor, reported by class as required by regulation;

(b) the amount of the sponsorship contributions accepted, but not previously reported under section 244, by the third party sponsor, reported in accordance with subsections (2) to (4) of this section;

(c) any amount of the third party sponsor's assets, other than assets received by way of contributions reported under paragraph (b), that was used to pay for the election advertising sponsored by the third party sponsor;

(d) any other information required by regulation to be included.

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

(3) If the records of the third party sponsor indicate that a contributor made one or more sponsorship contributions not previously reported under section 244 that, in total, have a value of more than $250, or a higher amount established by regulation, the report must include the following:

(a) the full name and address of the contributor;

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

(4) For anonymous sponsorship contributions, the report must include the dates on which the sponsorship contributions were received, the amounts received on each date and, if applicable, the events at which they were received.

(5) The report must be accompanied by a signed declaration of the individual third party sponsor or, in the case of an organization, by a principal officer of the organization or, if there are no principal officers, by a principal member of the organization, as to the accuracy of the report.

Requirement for audit

245.01   (1) A third party sponsor who sponsors election advertising with a total value greater than $10 000 must appoint an auditor.

(2) Section 179 (2) to (5) applies to an appointment under subsection (1) of this section.

(3) As soon as possible after an appointment is made under this section, the third party sponsor must deliver to the chief electoral officer a copy of the appointment and the auditor's consent to act.

(4) The election advertising disclosure report of a third party sponsor who is required to appoint an auditor under subsection (1) must be audited.

(5) The third party sponsor must give the auditor access at all reasonable times to the records of the third party sponsor and must provide the auditor with any information the auditor considers necessary to enable the auditor to make a report under this section.

Late filing of reports

246   If a third party sponsor fails to file a report under section 244 with the chief electoral officer within the time period established by that section or by a court under section 248, on payment to the chief electoral officer of a late filing fee equivalent to the applicable amount under section 220 (5) (b), the report may be filed within 30 days after the end of the time period under section 244 or before a later date permitted by a court under section 248.

Failure to file reports

247   (1) Unless relief is granted by a court on an application under section 248 commenced before the end of the late filing period under section 246, if an election advertising disclosure report is not filed with the chief electoral officer before the end of that period, the third party sponsor

(a) is deregistered as a third party sponsor under Division 3 of this Part and is not entitled to be reregistered as a third party sponsor until after the next general election, and

(b) must pay to the chief electoral officer a penalty equivalent to the applicable amount under section 220 (5) (b) for each day after the last day on which it may be filed under section 246 up to the date on which it is in fact filed.

(2) In the case of a third party sponsor that is an unincorporated organization, the members of the organization are jointly and severally liable to pay the penalty under subsection (1) (b).

(3) The penalties referred to in subsection (1) are effective as follows:

(a) if no application under section 248 is made in respect of the third party sponsor, at the end of the period for making such an application;

(b) if, on the final determination of an application under section 248, the court refuses to grant relief from the penalty, at the time of that determination.

Court order for relief from filing obligations

248   (1) A third party sponsor subject to section 246 or 247 may apply to the Supreme Court in accordance with this section for relief from an obligation to file an election advertising disclosure report or from a penalty in relation to the filing of such a report.

(2) An application may be made only within 120 days after general voting day for the election in relation to which the report is required or, if the failure is disclosed in a supplementary report under section 244 (4), within 30 days after the supplementary report is filed.

(3) Within 7 days after it is filed, the petition commencing an application must be served on the chief electoral officer.

(4) The applicant and the chief electoral officer are parties to the application.

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

(a) relieve the third party sponsor from the obligation to file the report, or from specified obligations in relation to the report, if the court considers that, in relation to the non-compliance, the third party sponsor acted in good faith;

(b) grant an extension of the time for filing the report without payment of a late filing fee under section 246 if

(i) the application is commenced before the end of the time for filing without penalty, and

(ii) the court considers that, in relation to the non-compliance, the third party sponsor acted in good faith;

(c) grant an extension of the time for filing the report, subject to payment of the late filing fee under section 246, if the court considers that, in relation to the non-compliance, the third party sponsor acted in good faith;

(d) make any order the court considers appropriate to secure compliance with this Act and the regulations to the extent the court considers reasonable in the circumstances;

(e) refuse to grant an extension or other relief.

Obligation to maintain records

249   An individual or organization who is or has been a third party sponsor of election advertising must

(a) ensure that the records required for the purposes of this Part are maintained in British Columbia, and

(b) retain these records for at least 5 years, or a longer period specified by the chief electoral officer, from the date of filing of a report required under this Division in relation to those records.

Information to be open to the public

250   The information filed under this Part with the chief electoral officer since the general election before the previous general election must be available for public inspection at the office of the chief electoral officer during its regular office hours.

Division 5 — Monetary Penalties for Third Party Sponsors

Monetary penalties respecting making and using sponsorship contributions

250.01   (1) Within 7 days of the chief electoral officer making a determination of non-compliance with section 235.04 by a person, the chief electoral officer must notify the person of the non-compliance and the related penalty.

(2) Unless relief is granted by a court on an application under section 250.08, if the chief electoral officer gives notice under subsection (1) of this section, the person must pay to the chief electoral officer a penalty in the amount of up to double the sponsorship contribution, as determined by the chief electoral officer.

Monetary penalties respecting sponsorship contribution limits

250.02   (1) Within 7 days of the chief electoral officer making a determination of non-compliance with section 235.05 by an eligible individual or a third party sponsor, the chief electoral officer must notify the eligible individual or third party sponsor of the non-compliance and the related penalty.

(2) Unless relief is granted by a court on an application under section 250.08, if the chief electoral officer gives notice under subsection (1) of this section, the eligible individual or third party sponsor must pay to the chief electoral officer a penalty in the amount of up to double the amount that the sponsorship contribution exceeds the sponsorship contribution limit set in section 235.05, as determined by the chief electoral officer.

Monetary penalties respecting sponsorship contributions

250.03   (1) Within 7 days of the chief electoral officer making a determination of non-compliance with section 235.051 by a person, the chief electoral officer must notify the person of the non-compliance and the related penalty.

(2) Unless relief is granted by a court on an application under section 250.08, if the chief electoral officer gives notice under subsection (1) of this section, the person must pay to the chief electoral officer a penalty in the amount of up to double the sponsorship contribution, as determined by the chief electoral officer.

Monetary penalties respecting anonymous sponsorship contributions

250.04   (1) Within 7 days of the chief electoral officer making a determination of non-compliance with section 235.06 by a third party sponsor, the chief electoral officer must notify the third party sponsor of the non-compliance and the related penalty.

(2) Unless relief is granted by a court on an application under section 250.08, if the chief electoral officer gives notice under subsection (1) of this section, the third party sponsor must pay to the chief electoral officer a penalty in the amount of up to double the amount that the sponsorship contribution exceeds the anonymous sponsorship contribution limit set in section 235.06, as determined by the chief electoral officer.

Monetary penalties respecting return of sponsorship contributions

250.05   (1) Within 7 days of the chief electoral officer making a determination of non-compliance with section 235.061 by a third party sponsor, the chief electoral officer must notify the third party sponsor of the non-compliance and the related penalty.

(2) Unless relief is granted by a court on an application under section 250.08, if the chief electoral officer gives notice under subsection (1) of this section, the third party sponsor must pay to the chief electoral officer a penalty in the amount of up to double the amount of the sponsorship contribution, as determined by the chief electoral officer.

Monetary penalties respecting sponsorship contributions over specific amount

250.06   (1) Within 7 days of the chief electoral officer making a determination of non-compliance with section 235.07 by an eligible individual or third party sponsor, the chief electoral officer must notify the eligible individual or third party sponsor of the non-compliance and the related penalty.

(2) Unless relief is granted by a court on an application under section 250.08, if the chief electoral officer gives notice under subsection (1) of this section, the eligible individual or third party sponsor must pay to the chief electoral officer a penalty in the amount of up to double the amount that the sponsorship contribution exceeds the amount described in section 235.07, as determined by the chief electoral officer.

Monetary penalties for failing to register

250.07   (1) Within 7 days of the chief electoral officer making a determination of non-compliance with section 239 by an individual or organization, the chief electoral officer must notify the individual or organization of the non-compliance and the related penalty.

(2) Unless relief is granted by a court on an application under section 250.08, if the chief electoral officer gives notice under subsection (1) of this section, the individual or organization must pay to the chief electoral officer a penalty in the amount of up to $10 000, as determined by the chief electoral officer.

Court order for relief respecting sponsorship contributions

250.08   (1) A person who is subject to a monetary penalty under sections 250.01 to 250.07 may apply to the Supreme Court in accordance with this section for relief from the monetary penalty for non-compliance with the applicable section.

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

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

(4) 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 the applicable section to the extent the court considers reasonable in the circumstances;

(c) refuse to grant relief.

Publication of names

250.09   (1) The chief electoral officer must

(a) publish on an Elections BC authorized internet site

(i) the names of persons on whom the chief electoral officer has imposed a monetary penalty under sections 250.01 to 250.07,

(ii) the section under which the chief electoral officer has imposed the monetary penalty, and

(iii) the amount of the monetary penalty, and

(b) have notice of the information described in paragraph (a) published in the Gazette.

(2) The information published under subsection (1) (a) must continue to be published on the Elections BC authorized internet site until one year after general voting day for the next general election.

(3) Publication of the notice under subsection (1) (b) must take place as soon as possible after the chief electoral officer imposes the monetary penalty.

Contents | Part 1 | Part 2 | Part 3 | Part 4 | Part 5 | Part 6 | Part 7 | Part 8 | Part 9 | Part 10 | Part 10.1 | Part 11 | Part 12 | Part 13 | Schedule