Search Results | Clear Search | Previous (in doc) | Next (in doc) | Prev Doc | Next Doc
This Act is current to November 7, 2018
See the Tables of Legislative Changes for this Act’s legislative history, including any changes not in force.

Recall and Initiative Act

[RSBC 1996] CHAPTER 398

Contents
Part 1 — Introductory Provisions
1Definitions
Part 2 — Legislative Initiatives
Division 1 — Initiative Petition
2Subject matter of legislative proposals
3Application for initiative petition
4Issue of initiative petition
5Who may sign an initiative petition
6Who may canvass for signatures
7Requirements for initiative petition
7.01Continuation of petition if an electoral district is disestablished or changed
7.1Renumbered
8Time limit for determination
Division 2 — Select Standing Committee
9Select standing committee
10Referral of initiative to select standing committee
11Duty of select standing committee
12Effect of report by select standing committee
Division 3 — Initiative Vote
13Initiative vote
14Initiative voting day every 3 years
15Determination of successful initiative vote
16Effect of successful initiative vote
Division 4 — Effect of General Election
17Suspension of petition process during general election
18General election after petition sent to select standing committee
Part 3 — Recall
Division 1 — Recall Petition
19Application for recall petition
20Issue of recall petition
20.01No more than one current recall petition respecting Member
21Who may sign a recall petition
22Who may canvass for signatures
23Requirements for recall petition
24Time limit for determination
24.01Report of unsuccessful recall petition
25Result of successful recall petition
Division 2 — By-election
26Election
27Prohibition on multiple elections with respect to the same electoral district
28Application of Election Act
Part 4 — Initiative Petition Financing
Division 1 — Authorized Participants and Financial Agents
29Authorized participants must have financial agent
30Financial agent for proponent
31Application to become an opponent of an initiative petition
32Financial agents for opponents
33Notice to opponent groups
34General obligations of financial agent
35Assistant financial agent
Division 2 — Initiative Petition Contributions and Expenses
36Initiative petition contributions generally
37Initiative petition contributions through loans and debts
38Initiative petition contributions through fundraising functions
39Initiative petition expenses
40General valuation rules
Division 3 — Making and Accepting Initiative Petition Contributions
41Restrictions on making initiative petition contributions
42Restrictions on accepting initiative petition contributions
43Limits on anonymous contributions
44Prohibited contributions must be returned
45Financial agent must record each initiative petition contribution
Division 4 — Initiative Petition Expenses
46Restrictions on who may incur initiative petition expenses
47Initiative petition expenses in excess of limit prohibited
48Initiative petition expenses limit
Division 5 — Reporting
49Reporting of information regarding initiative petition contributions
50Initiative petition financing report
51Publication of financing summary
Division 6 — Penalties for Failure to Comply
52Publication of failure to comply
53Effect of incurring expenses over limit
54Court order for relief from expenses limit
55Late filing of required reports
56Failure to file initiative petition financing report
57Court order for relief from filing obligations
58False or misleading reports relating to an initiative petition
Part 5 — Initiative Vote Financing
Division 1 — Authorized Participants and Financial Agents
59Authorized participants must have financial agent
60Notice to proponent and opponents for initiative petition
61Financial agent for petition proponent
62Financial agents for other proponents
63Financial agents for opponents
64Obligations and authority of financial agents and assistant financial agents
Division 2 — Initiative Vote Contributions and Expenses
65Initiative vote contributions
66Initiative vote expenses
67General valuation rules
Division 3 — Making and Accepting Initiative Vote Contributions
68Restrictions on making and accepting initiative vote contributions
69Limits on anonymous contributions
70Prohibited contributions must be returned
71Financial agent must record each initiative vote contribution
Division 4 — Initiative Vote Expenses
72Restrictions on who may incur initiative vote expenses
73Initiative vote expenses in excess of limit prohibited
74Initiative vote expenses limit
Division 5 — Reporting
75Reporting of information regarding initiative vote contributions
76Initiative vote financing report
77Publication of financing summary
Division 6 — Penalties for Failure to Comply
78Publication of failure to comply
79Effect of incurring expenses over limit
80Court order for relief from expenses limit
81Late filing of required reports
82Failure to file initiative vote financing report
83Court order for relief from filing obligations
84False or misleading reports relating to an initiative vote
Part 6 — Initiative Communications
Division 1 — General
85Initiative advertising and opinion surveys
86Sponsorship of initiative advertising
87No indirect sponsorship of initiative advertising
88Initiative advertising must identify sponsor
89Restriction on rates charged for initiative advertising
90Prohibition against certain initiative advertising on general voting day
91Restrictions on initiative campaigning near voting places
92Requirements for publication of initiative opinion surveys
Division 2 — Initiative Advertising Limits
93Advertising limits
94Penalties for exceeding initiative advertising limit
95Court order for relief from advertising limit
Division 3 — Registration of Sponsors
96Initiative advertising sponsors must be registered
97Registration with chief electoral officer
98Obligations of registered sponsor
99Limit on registration
Division 4 — Disclosure of Independent Initiative Advertising
100Independent sponsors must file disclosure reports
101Contents of disclosure report
102Late filing of reports
103Failure to file reports
104Court order for relief from filing obligations
105Obligation to maintain records
106Publication of initiative advertising summary
Part 7 — Recall Petition Financing
Division 1 — Financial Agent
107Authorized participants and their financial agents
108Appointment of financial agent
109General obligations of financial agent
110Assistant financial agent
Division 2 — Recall Contributions and Expenses
111Recall contributions generally
112Loans and guarantees to authorized participant
112.01Debts owed by authorized participant
113Recall contributions through fundraising functions
114Recall expenses
115General valuation rules
Division 2.1Specified Fundraising Functions
115.01Specified fundraising function using private residence property
115.02Information respecting specified fundraising function
Division 3 — Making and Accepting Recall Contributions
116Restrictions on making recall contributions
116.01Sponsorship contributions that become recall contributions
116.02Confirmation and consent requirements for using recall contributions
116.03Contributor confirmation and consent in relation to recall contribution
116.04Recall contribution limits
117Restrictions on accepting recall contributions
118Limits on anonymous contributions
119Prohibited contributions must be returned
120Financial agent must record each recall contribution
120.01Amounts transferred for use by Member
120.02Return of unused recall contributions
Division 4 — Recall Expenses
121Restrictions on who may incur recall expenses
122Recall expenses in excess of limit prohibited
123Recall expenses limit
Division 5 — Reporting
124Reporting of information regarding recall contributions
125Recall financing report
126Publication of financing summary
Division 6 — Penalties for Failure to Comply
127Publication of failure to comply
128Effect of incurring expenses over limit
129Court order for relief from expenses limit
130Late filing of required reports
131Failure to file recall financing report
132Court order for relief from filing obligations
133False or misleading reports relating to a recall petition
133.01Monetary penalties for making or accepting prohibited loan or guarantee
133.02Monetary penalties for accepting recall contributions from specified fundraising functions using private residence property
133.03Monetary penalties for failure to provide information respecting specified fundraising functions
133.04Monetary penalties respecting prohibited recall contributions
133.05Monetary penalties in relation to prohibited transfers
133.06Monetary penalties for exceeding recall contribution limits
133.07Monetary penalties respecting accepting recall contributions
133.08Monetary penalties respecting anonymous recall contributions
133.09Monetary penalties for failure to return recall contributions
133.10Court order for relief respecting recall contributions
133.11Publication of names
Part 8 — Recall Petition Communications
Division 1 — General
134Repealed
134.01Contributions to recall advertising sponsors
135Sponsorship of recall advertising
136No indirect sponsorship of recall advertising
137Recall advertising must identify sponsor
137.01Identification of sponsor — activities
137.02Monetary penalties for failure to identify sponsor
138Restriction on rates charged for recall advertising
139Repealed
Division 2
140-142Repealed
Division 3Registration of Recall Advertising Sponsors
143Recall advertising sponsors must be registered
143.01Independence from authorized participants
144Registration with chief electoral officer
145Obligations of recall advertising sponsor
146Limit on registration
146.01Voluntary deregistration
146.02Deregistration on becoming authorized participant
146.03Reregistration
Division 3.1Sponsorship Contributions
146.04Sponsorship contributions
146.05Loans and guarantees to recall advertising sponsors
146.06Debts
146.07Sponsorship contributions through fundraising functions
146.08Making and using sponsorship contributions
146.09Contributor confirmation and consent in relation to sponsorship contributions
146.10Sponsorship contribution limits
146.11Restrictions on sponsorship contributions
146.12Limits on anonymous sponsorship contributions
146.13Prohibited sponsorship contributions must be returned
146.14Sponsorship contributions over specified amount
Division 3.2Recall Advertising Limits
146.15Petition period recall advertising limits
146.16Penalties for exceeding advertising limit
146.17Court order for relief from advertising limit
Division 4Reporting by Recall Advertising Sponsors
146.18Disclosure report within 14 days — non-petition period recall advertising
146.19Disclosure report within 28 days — non-petition period recall advertising
146.20Contents of 28-day disclosure report — non-petition period recall advertising
147Disclosure report within 28 days — petition period recall advertising
148Contents of 28-day disclosure report — petition period recall advertising
148.01Disclosure report after calendar year
148.02Contents of disclosure report after calendar year
149Late filing of reports
150Failure to file reports
151Court order for relief from filing obligations
152Obligation to maintain records
153Publication of recall advertising disclosure report
Division 5Monetary Penalties for Recall Advertising Sponsors
153.01Monetary penalties for failing to register
153.02Monetary penalties respecting making and using sponsorship contributions
153.03Monetary penalties respecting contributor confirmation and consent
153.04Monetary penalties respecting sponsorship contribution limits
153.05Monetary penalties respecting sponsorship contributions
153.06Monetary penalties respecting anonymous sponsorship contributions
153.07Monetary penalties respecting return of sponsorship contributions
153.08Monetary penalties respecting sponsorship contributions over specific amount
153.09Court order for relief respecting recall advertising sponsor registration and sponsorship contributions
153.10Publication of names
Part 9 — Offences
154Prosecution of organizations and their directors and agents
155Defence of due diligence
156Signature and vote buying offences
157Intimidation offences
158Wrongful signing and voting
159Offences in relation to canvassing for signatures
160Offences in relation to financing
161Offences in relation to initiative or recall advertising and promotion
162Offences in relation to false or misleading information
163Offence in relation to use of information
164Penalties under this Part are in addition to any others
165Limitation
Part 10 — General
166Delivery of notices
166.01Publication of adjusted amounts
167Filing documents with chief electoral officer
168Access to and use of information in records
169Enforcement of Act by chief electoral officer
170Emergencies and other extraordinary circumstances
171General regulations
172Additional powers of the chief electoral officer
173Appropriation