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This Act is current to February 13, 2019
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

Part 1 — Introductory Provisions

Definitions

1   (1) In this Act:

"advertising limit" means a limit under section 93 (2);

"assistant financial agent", in relation to an authorized participant, means an individual authorized under section 110 (1) by the financial agent for the authorized participant;

"authorized participant" means,

(a) in relation to an initiative petition, an authorized participant within the meaning of section 29,

(b) in relation to an initiative vote, an authorized participant within the meaning of section 59, and

(c) in relation to a recall petition, an authorized participant within the meaning of section 107;

"conduct" includes, in relation to initiative advertising and recall advertising, publish;

"contribution", in relation to initiative advertising, means a contribution of money provided to a sponsor of such advertising, whether given before or after the individual or organization acts as a sponsor;

"eligible individual" means an individual who is, or was immediately before the date of the individual's death,

(a) a resident of British Columbia, and

(b) a Canadian citizen or a permanent resident as defined in the Immigration and Refugee Protection Act (Canada);

"expenses limit" means,

(a) in relation to an initiative petition, the applicable limit established under section 48 for initiative petition expenses,

(b) in relation to an initiative vote, the applicable limit established under section 74 for initiative vote expenses, and

(c) in relation to a recall petition, the applicable limit established under section 123 for recall expenses;

"financial agent" means,

(a) in relation to an initiative petition, a financial agent under section 30 or 32,

(b) in relation to an initiative vote, a financial agent under section 61, 62 or 63, and

(c) in relation to a recall petition, a financial agent under section 108;

"incur" means, in relation to an initiative petition expense, an initiative vote expense or a recall expense, using property or services in a manner that the value of the property or services is such an expense;

"initiative advertising" means initiative advertising within the meaning of section 85;

"initiative opinion survey" means an initiative opinion survey within the meaning of section 85;

"initiative petition" means a petition to have a proposed law introduced into the Legislative Assembly;

"initiative petition contribution" means an initiative petition contribution within the meaning of Part 4;

"initiative petition expense" means an initiative petition expense within the meaning of Part 4;

"initiative petition period" means the period starting on the day on which an initiative petition application is approved in principle by the chief electoral officer and ending

(a) on the last day under section 4 (4) or 17 (4), as applicable, for signing the petition, or

(b) if this is earlier, on the day on which the petition is submitted to the chief electoral officer in accordance with section 7;

"initiative vote" means an initiative vote under section 13;

"initiative vote contribution" means an initiative vote contribution within the meaning of Part 5;

"initiative vote expense" means an initiative vote expense within the meaning of Part 5;

"initiative vote period" means the period starting 60 days before general voting day for an initiative vote and ending at the close of general voting for the initiative vote;

"Member" means a member of the Legislative Assembly;

"non-petition period recall advertising" means the transmission to the public by any means, outside of a recall petition period, of an advertising message that directly promotes or opposes the recall of a Member, but does not include

(a) the publication without charge of news, an editorial, an interview, a column, a letter, a debate, a speech or a commentary in a bona fide periodical publication or a radio or television program,

(b) the distribution of a book, or the promotion of the sale of a book, for no less than its commercial value, if the book was planned to be made available to the public regardless of whether there was to be a recall,

(c) the transmission of a document directly by a person or a group to their members, employees or shareholders, or

(d) the transmission by an individual, on a non-commercial basis on the internet, or by telephone or text messaging, of his or her personal political views;

"opponent" means,

(a) in relation to an initiative petition, an opponent of the petition within the meaning of section 29 (1) (b), or

(b) in relation to an initiative vote, an opponent of the vote within the meaning of section 59 (1) (b),

and, in relation to Parts 4, 5 and 6, includes an individual or organization who intends to become an opponent or who was an opponent;

"opponent group" means,

(a) in relation to an initiative petition, an opponent group for the petition within the meaning of section 33, or

(b) in relation to an initiative vote, an opponent group for the vote within the meaning of section 63 (2);

"permissible loan" means a loan to

(a) an authorized participant in relation to a recall petition, or

(b) a recall advertising sponsor for the purpose of sponsoring recall advertising

at a rate of interest that is not less than the prime rate of the principal banker to the government at the time the rate of interest for the loan is fixed;

"personal recall expenses" means personal recall expenses within the meaning of section 114;

"petition" means an initiative petition or a recall petition;

"petition period recall advertising" means the transmission to the public by any means, during the recall petition period in respect of a recall petition, of an advertising message that promotes or opposes, directly or indirectly, the recall of the Member who is the subject of the petition, but does not include

(a) the publication without charge of news, an editorial, an interview, a column, a letter, a debate, a speech or a commentary in a bona fide periodical publication or a radio or television program,

(b) the distribution of a book, or the promotion of the sale of a book, for no less than its commercial value, if the book was planned to be made available to the public regardless of whether there was to be a recall,

(c) the transmission of a document directly by a person or a group to their members, employees or shareholders, or

(d) the transmission by an individual, on a non-commercial basis on the internet, or by telephone or text messaging, of his or her personal political views;

"proponent" means,

(a) in relation to an initiative petition, the registered voter who applied for the issuance of the petition,

(b) in relation to an initiative vote, a proponent within the meaning of section 59 (1) (a), and

(c) in relation to a recall petition, the registered voter who applied for the issuance of the petition,

and, in relation to Parts 4, 5, 6, 7 and 8, includes an individual who intends to become a proponent or who was a proponent;

"proponent group" means, in relation to an initiative vote, a proponent group for the vote within the meaning of section 62 (3);

"recall advertising" means the following:

(a) petition period recall advertising;

(b) non-petition period recall advertising;

"recall contribution" means a recall contribution within the meaning of Part 7;

"recall expense" means a recall expense within the meaning of Part 7;

"recall petition" means a petition issued by the chief electoral officer under this Act for the recall of a Member;

"recall petition period" means the period starting on the day on which the chief electoral officer publishes notice under section 20 (1) (b) of approval in principle of the recall petition and ending

(a) on the last day under section 20 (2) for signing the petition, or

(b) if this is earlier, on the day on which the petition is submitted to the chief electoral officer in accordance with section 23;

"registered sponsor" means a sponsor registered under Division 3 of Part 6 in relation to initiative advertising;

"registered voter" means a voter who is registered under the Election Act as a voter for an electoral district;

"select standing committee" means the select standing committee of the Legislative Assembly appointed under section 9;

"signature sheet" means a sheet for an initiative petition that is to be used for the signatures of registered voters for a specific electoral district;

"specified fundraising function" means a fundraising function that

(a) is attended by one or more of the following:

(i) a member of the Executive Council;

(ii) a parliamentary secretary;

(iii) a leader of a major political party, and

(b) is held for the purpose of raising funds to be used in relation to a recall petition by an authorized participant, whether or not there is certainty as to who will become the authorized participant for the recall petition;

"sponsorship contribution" means a sponsorship contribution within the meaning of sections 146.04 to 146.07;

"value", in relation to initiative advertising or recall advertising, means

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

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

(2) Subject to subsection (1), words and expressions used in this Act, except "independent", have the meanings given to them in the Election Act.

(3) For the purposes of the definition of "non-petition period recall advertising", an advertising message that directly promotes or opposes the recall of a Member is a message that

(a) names the Member, includes an image or likeness of the Member or identifies the Member by voice, physical description or electoral district,

(b) relates to the recall process under this Act, and

(c) includes anything else prescribed by regulation.

(4) Except in relation to sections 137, 138 and 161 (1) (b) and (c), the transmission of an advertising message, for the purposes of the definitions of "non-petition period recall advertising" and "petition period recall advertising", includes the following activities, if the activities are conducted on a commercial basis to attempt to influence voters in relation to the recall of a Member:

(a) canvassing voters, in person or by telephone;

(b) mailing material that contains advertising messages.

Contents | Part 1 | Part 2 | Part 3 | Part 4 | Part 5 | Part 6 | Part 7 | Part 8 | Part 9 | Part 10