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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 8 — Recall Petition Communications

Division 1 — General

Repealed

134   [Repealed 2018-41-25.]

Contributions to recall advertising sponsors

134.01   (1) In this Part, "recall advertising sponsor" means the following:

(a) an individual or organization that sponsors petition period recall advertising in respect of a recall petition, other than an authorized participant for the recall petition;

(b) an individual or organization that sponsors non-petition period recall advertising.

(2) Subject to this Part, a contribution, in relation to recall advertising, is an amount of money or the value of any property or services provided without compensation by way of donation, advance, deposit, discount or otherwise to a recall advertising sponsor, whether provided before or after the recall advertising sponsor sponsors recall advertising.

Sponsorship of recall advertising

135   (1) For the purposes of this Part, the sponsor of recall advertising is whichever of the following is applicable:

(a) the individual or organization who pays for the recall 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 who 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 requires the inclusion of a mailing address or telephone number at which a recall advertising 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 recall advertising 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 requires a recall advertising 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 principal member of the organization.

(4) On request of the chief electoral officer,

(a) an individual identified as a recall advertising sponsor, or

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

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

No indirect sponsorship of recall advertising

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

Recall advertising must identify sponsor

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

(a) identifies the name of the recall advertising sponsor or, in the case of an authorized participant, the name of the financial agent,

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

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

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

(2) Subsection (1) does not apply to any class of recall advertising exempted under section 171.

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

Identification of sponsor — activities

137.01   (1) With respect to an activity described in section 1 (4) (a), the person canvassing a voter must provide to the voter the information described in section 137 (1) (a) to (c).

(2) With respect to an activity described in section 1 (4) (b), the material must include the information described in section 137 (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

137.02   (1) Within 7 days of the chief electoral officer making a determination of non-compliance with section 137 or 137.01 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 137 or 137.01 to the extent the court considers reasonable in the circumstances;

(c) refuse to grant relief.

Restriction on rates charged for recall advertising

138   An individual or organization must not charge a rate for recall 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 recall petition period.

Repealed

139   [Repealed 2002-60-18.]

Division 2

Repealed

140-142   [Repealed 2002-60-19.]

Division 3 — Registration of Recall Advertising Sponsors

Recall advertising sponsors must be registered

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

(1.01) An individual or organization must not sponsor recall advertising in relation to an electoral district unless the individual or organization is registered as a recall advertising sponsor in relation to that electoral district.

(1.02) An individual or organization must not sponsor petition period recall advertising in relation to a recall petition unless the individual or organization is registered as a recall advertising sponsor in relation to that recall petition.

(2) An authorized participant is not required to be registered to sponsor petition period recall advertising in relation to a recall petition for which the individual is an authorized participant.

Independence from authorized participants

143.01   (1) A recall advertising sponsor who sponsors petition period recall advertising in relation to a recall petition must be independent of the authorized participants in respect of the petition and must not sponsor recall advertising on behalf of or together with either of them.

(2) Subsection (1) does not apply to

(a) the political party that the Member who is the subject of the petition represents, or

(b) a constituency association for the electoral district of that Member that

(i) is the local organization for the political party that the Member represents, or

(ii) supports the Member as an independent Member.

Registration with chief electoral officer

144   (1) An individual or organization who wishes to register as a recall advertising sponsor in relation to an electoral district must file an application in accordance with this section with the chief electoral officer.

(2) An application must include the following:

(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;

(e.1) identification of the electoral district or electoral districts in relation to which the applicant wishes to be registered as a recall advertising sponsor;

(f) if the individual or organization wishes to sponsor petition period recall advertising, identification of the recall petition in relation to which the applicant wishes to be registered as a recall advertising sponsor;

(g) 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 146, and

(ii) does not intend to sponsor recall advertising for any purpose related to circumventing the provisions of this Act limiting the value of recall expenses that may be incurred by an authorized participant.

(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 recall advertising sponsor in relation to the electoral district or electoral districts identified under subsection (2) (e.1) 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 recall advertising sponsor, the recall advertising sponsor must file with the chief electoral officer written notice of the change within 15 days after it occurs.

(7) A notice or other communication that is required or authorized under this Act to be given to a recall advertising 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 recall advertising sponsor, the chief electoral officer must advise the recall advertising sponsor of the current applicable amount under section 146.10.

Obligations of recall advertising sponsor

145   (1) The identification of a recall advertising sponsor referred to in section 137 must be a name filed by the recall advertising sponsor under section 144 with the chief electoral officer.

(2) A recall advertising sponsor must maintain records of the following information in respect of contributions received by the recall advertising sponsor:

(a) in the case of anonymous contributions, the date on which the contributions were received, the total amount received on each date and, if applicable, the event at which they were received;

(b) in other cases, the information referred to in section 120 (1) (a) to (c) and the written contributor confirmations and contributor consents obtained under section 146.08 (3).

Limit on registration

146   An individual or organization who is subject to a penalty under this Part or for whom a required report under this Part is not filed is not entitled to be registered as a recall advertising sponsor until all such outstanding reports are filed and all such outstanding penalties are paid.

Voluntary deregistration

146.01   (1) A registered recall advertising sponsor may apply to the chief electoral officer for deregistration in accordance with this section.

(2) As an exception, a recall advertising sponsor may not apply for deregistration under this section if the recall advertising 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 recall advertising sponsor, the chief electoral officer must deregister the recall advertising sponsor.

(5) As a limit on subsection (4), if outside of a recall petition period a registered recall advertising sponsor has sponsored non-petition period recall advertising or if during a recall petition period a registered recall advertising sponsor has sponsored petition period recall advertising, the recall advertising sponsor must not be deregistered until the recall advertising disclosure report for the recall advertising sponsor has been filed.

Deregistration on becoming authorized participant

146.02   A registered recall advertising sponsor is deregistered in relation to an electoral district on the date that the sponsor becomes an authorized participant for a recall petition that is to be issued for the recall of the Member for that electoral district under section 107 (1).

Reregistration

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

Division 3.1 — Sponsorship Contributions

Sponsorship contributions

146.04   (1) Subject to this section and sections 146.05 to 146.07, a sponsorship contribution is a contribution, in relation to which the contributor has provided a contributor confirmation and contributor consent, that is provided to a recall advertising sponsor, whether provided before or after the recall advertising sponsor sponsors recall advertising.

(2) If property or services are

(a) provided to a recall advertising sponsor at less than market value, or

(b) acquired from a recall advertising 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;

(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 recall petition.

Loans and guarantees to recall advertising sponsors

146.05   (1) This section applies to recall advertising sponsors that are required to file disclosure reports under section 146.19, 147 or 148.01.

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

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

(4) A recall advertising sponsor must not accept a loan other than a permissible loan.

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

(6) A recall advertising 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 recall advertising sponsor unless the guarantee is provided with non-preferential treatment.

(8) Despite subsection (2), a permissible loan to a recall advertising sponsor is a sponsorship contribution if a savings institution does not make commercially reasonable efforts to collect or enforce the loan.

Debts

146.06   (1) In this section, "debt" means a debt, other than a debt arising from a permissible loan, that is owed by a recall advertising sponsor in relation to sponsoring recall 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

146.07   (1) A charge per individual for a fundraising function held by or on behalf of a recall advertising sponsor is a sponsorship contribution if the recall advertising 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 held by or on behalf of a recall advertising sponsor 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 recall advertising 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 held by or on behalf of a recall advertising sponsor is a sponsorship contribution if the recall advertising 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

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

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

(3) Before a recall advertising sponsor may use a contribution to sponsor recall advertising, the recall advertising 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 recall advertising sponsor may use all or part of the contribution to sponsor recall advertising in one or more identified electoral districts.

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

(5) A recall advertising sponsor must not use a sponsorship contribution to sponsor recall advertising in an electoral district not identified by the contributor under subsection (3) (b).

Contributor confirmation and consent in relation to sponsorship contributions

146.09   (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 recall advertising sponsor uses the contribution.

(2) A recall advertising 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 recall advertising sponsor that does not obtain a contributor confirmation and contributor consent must not use any part of the contribution to sponsor recall advertising.

Sponsorship contribution limits

146.10   (1) An eligible individual must not, in a calendar year, make sponsorship contributions that have a total value greater than the amount that is applicable for the year under section 235.05 (4) or (5) of the Election Act to any one recall advertising sponsor.

(2) For certainty, subsection (1) applies even if the recall advertising sponsor is registered as a recall advertising sponsor in relation to more than one electoral district.

(3) A recall advertising sponsor must not accept

(a) from an eligible individual, in a calendar year, sponsorship contributions that have a total value greater than the amount that is applicable for the year under section 235.05 (4) or (5) of the Election Act, or

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

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

Restrictions on sponsorship contributions

146.11   (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 must not make a sponsorship contribution with money, property or services of any other person.

(3) Despite 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 recall advertising sponsor required to record the contribution under section 145 (2) the full name and address of the eligible individual whose money, property or services are being used.

Limits on anonymous sponsorship contributions

146.12   (1) In respect of petition period recall advertising in relation to a recall petition, a recall advertising sponsor must not use anonymous sponsorship contributions

(a) such that the total value of the anonymous sponsorship contributions is greater than the applicable amount under section 235.06 (1) (a) (i) of the Election Act, or

(b) in combination with one or more recall advertising sponsors such that the total value of the anonymous sponsorship contributions is greater than the applicable amount under section 235.06 (1) (b) (i) of the Election Act.

(2) In respect of non-petition period recall advertising, a recall advertising sponsor must not use anonymous sponsorship contributions

(a) such that the total value of the anonymous sponsorship contributions is greater than the applicable amount under section 235.06 (1) (a) (i) of the Election Act, in a calendar year, or

(b) in combination with one or more recall advertising sponsors such that the total value of the anonymous sponsorship contributions is greater than the applicable amount under section 235.06 (1) (b) (i) of the Election Act, in a calendar year.

(3) A recall advertising sponsor must not use as an anonymous sponsorship contribution an anonymous sponsorship contribution that has a value greater than the applicable amount under section 235.06 (3) of the Election Act.

(4) Sections 146.08 (2) and (3) and 146.09 (3) of this Act do not apply to anonymous sponsorship contributions.

Prohibited sponsorship contributions must be returned

146.13   (1) If a recall advertising sponsor becomes aware that a contribution was made or accepted as a sponsorship contribution in contravention of this Act, the recall advertising sponsor must, within 14 days after the recall advertising sponsor becomes aware of the contravention, return to the contributor

(a) the contribution, or

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

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

Sponsorship contributions over specified amount

146.14   An eligible individual must not make, and a recall advertising sponsor must not accept, a sponsorship contribution of money in an amount greater than the applicable amount under section 235.07 of the Election Act, 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.

Division 3.2 — Recall Advertising Limits

Petition period recall advertising limits

146.15   (1) In respect of a recall petition, an individual or organization other than an authorized participant must not sponsor, directly or indirectly, petition period recall advertising during the petition period

(a) such that the total value of that petition period recall advertising is greater than the applicable amount under subsection (2) or (3), or

(b) in combination with one or more individuals or organizations, or both, such that the total value of that petition period recall advertising is greater than the applicable amount under subsection (2) or (3).

(2) For a recall petition period that begins in 2018, the applicable amount for subsection (1) (a) and (b) is $5 000.

(3) Sections 186.01 (3) and 270.01 (2) of the Election Act apply to adjust the amounts under this section.

Penalties for exceeding advertising limit

146.16   (1) Unless relief is granted by a court under section 146.17, if a recall advertising sponsor exceeds a petition period recall advertising limit, the recall advertising sponsor

(a) must pay to the chief electoral officer a penalty of 10 times the amount by which the value of the petition period recall advertising sponsored by the recall advertising sponsor exceeds the limit, and

(b) is deregistered as a recall advertising sponsor under this Part and is not entitled to be reregistered as a recall advertising sponsor until the penalty referred to in paragraph (a) is paid.

(2) In the case of a recall advertising 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 146.17 is made in respect of the recall advertising sponsor, at the end of the period for making such an application;

(b) if, on the final determination of an application under section 146.17, the court refuses to grant relief from the penalty, at the time of that determination.

Court order for relief from advertising limit

146.17   (1) A recall advertising sponsor may apply to the Supreme Court in accordance with this section for relief from penalties under section 146.16.

(2) An application may be made only within 58 days after the end of the recall petition period for the recall petition in relation to which the petition period recall 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 recall advertising sponsor acted in good faith, or

(b) refuse to grant relief.

Division 4 — Reporting by Recall Advertising Sponsors

Disclosure report within 14 days — non-petition period recall advertising

146.18   (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 recall advertising sponsor sponsors non-petition period recall advertising that has a total value greater than $5 000, the recall advertising 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 recall advertising sponsor sponsoring the advertising message being transmitted to the public that brings the total value of the non-petition period recall advertising to an amount greater than $5 000.

(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 the applicable amount under section 243.01 (3) (a) of the Election Act;

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

(4) If a recall advertising sponsor must file a disclosure report under subsection (2), the recall advertising 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 recall advertising 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 the applicable amount under section 243.01 (5) (a) of the Election Act, since the date of the initial disclosure report;

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

(6) The recall advertising sponsor must file subsequent disclosure reports under subsection (4) until the recall advertising sponsor is deregistered as a recall advertising sponsor under this Part.

Disclosure report within 28 days — non-petition period recall advertising

146.19   (1) A recall advertising sponsor must file with the chief electoral officer a recall advertising disclosure report in accordance with this section and section 146.20 if

(a) the recall advertising sponsor sponsors non-petition period recall advertising in an electoral district that has a total value of greater than the applicable amount under section 244 (1) of the Election Act, and

(b) a recall petition to which the recall advertising relates is issued.

(2) A recall advertising disclosure report under subsection (1) must be filed within 28 days after the beginning of the recall petition period for the recall petition referred to in subsection (1) (b).

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

(4) A supplementary report under subsection (3) must be filed within 30 days after the recall advertising sponsor becomes aware of the circumstances requiring the report to be filed.

(5) This section does not apply to a recall advertising sponsor who becomes an authorized participant for a recall petition to which the recall advertising relates before a recall advertising disclosure report is due under subsection (2).

Contents of 28-day disclosure report — non-petition period recall advertising

146.20   (1) A recall advertising disclosure report filed under section 146.19 must be in the form specified by the chief electoral officer and must include the following information:

(a) the value of the non-petition period recall advertising sponsored by the recall advertising sponsor in the electoral district in which the petition was issued that was not previously reported under section 148.01, reported by class as required by regulation;

(b) the amount of the sponsorship contributions accepted, but not previously reported under section 148.01, by the recall advertising sponsor, in relation to the non-petition period recall advertising referred to in paragraph (a), reported in accordance with subsections (2) to (4) of this section;

(c) any amount of the recall advertising sponsor's assets, other than assets received by way of sponsorship contributions reported under paragraph (b), that was used to pay for the non-petition period recall advertising referred to in paragraph (a);

(d) any other information required by the chief electoral officer to be included.

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

(3) For the purposes of subsection (1) (b), if the records of the recall advertising sponsor indicate that a contributor made one or more sponsorship contributions that, in total, have a value of more than the applicable amount under section 245 (3) of the Election Act, the report under this section must include the following:

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

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

(4) For anonymous sponsorship contributions, the report under this section 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) A report under this section must be accompanied by a signed declaration of the individual recall advertising 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.

Disclosure report within 28 days — petition period recall advertising

147   (1) If a recall advertising sponsor sponsors petition period recall advertising that has a total value of greater than the applicable amount under section 244 (1) of the Election Act, the recall advertising sponsor must file with the chief electoral officer a recall advertising disclosure report in accordance with this section and section 148 of this Act.

(2) A recall advertising disclosure report under subsection (1) must be filed with the chief electoral officer within 28 days after the end of the recall petition period to which it relates.

(3) [Repealed 2018-41-40.]

(4) A recall advertising sponsor must file a supplementary report with the chief electoral officer if any of the information required to be disclosed in a recall advertising disclosure report changes or if the recall advertising 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 the equivalent period under section 125 (3) after the recall advertising sponsor becomes aware of the facts in relation to which the report is required.

Contents of 28-day disclosure report — petition period recall advertising

148   (1) A recall advertising disclosure report filed under section 147 must be in the form specified by the chief electoral officer and must include the following information:

(a) the value of the petition period recall advertising sponsored by the recall advertising sponsor in relation to the recall petition to which the report relates, reported by class as required by regulation;

(b) the amount of the sponsorship contributions accepted, but not previously reported under section 146.19, by the recall advertising sponsor, in relation to the petition period recall advertising referred to in paragraph (a), reported in accordance with subsections (2) to (4) of this section;

(c) any amount of the recall advertising sponsor's assets, other than assets received by way of sponsorship contributions reported under paragraph (b), that was used to pay for the petition period recall advertising referred to in paragraph (a);

(d) any other information required by the chief electoral officer to be included.

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

(3) For the purposes of subsection (1) (b), if the records of the recall advertising sponsor indicate that a contributor made one or more sponsorship contributions that, in total, have a value of more than the applicable amount under section 245 (3) of the Election Act, the report under this section must include the following:

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

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

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

(5) A report under this section must be accompanied by a signed declaration of the individual recall advertising 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.

(6) [Repealed 2018-41-41.]

Disclosure report after calendar year

148.01   (1) A recall advertising sponsor must file with the chief electoral officer a recall advertising disclosure report in accordance with this section and section 148.02 if the recall advertising sponsor sponsors in a calendar year non-petition period recall advertising that has a total value of greater than the applicable amount under section 244 (1) of the Election Act.

(2) A recall advertising disclosure report under subsection (1) must be filed within 28 days after the end of the calendar year.

(3) Subsection (1) does not apply if the value of all recall advertising sponsored, and the amount of all sponsorship contributions accepted, by the recall advertising sponsor in the calendar year was previously reported in one or more disclosure reports filed under section 146.19 or 147.

Contents of disclosure report after calendar year

148.02   (1) A recall advertising disclosure report filed under section 148.01 must be in the form specified by the chief electoral officer and must include the following information:

(a) the value of the non-petition period recall advertising sponsored by the recall advertising sponsor in the applicable calendar year, reported

(i) by electoral district, and

(ii) by class as required by regulation;

(b) the amount of the sponsorship contributions accepted by the recall advertising sponsor in the applicable calendar year, whether or not previously reported by the recall advertising sponsor, in relation to all recall advertising sponsored by the recall advertising sponsor in the applicable calendar year, reported in accordance with subsections (2) to (4) of this section;

(c) any amount of the recall advertising sponsor's assets, other than assets received by way of sponsorship contributions reported under paragraph (b), that was used to pay for all recall advertising sponsored by the recall advertising sponsor in the applicable calendar year;

(d) any other information required by the chief electoral officer to be included.

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

(3) For the purposes of subsection (1) (b), if the records of the recall advertising sponsor indicate that a contributor made one or more sponsorship contributions that, in total, have a value of more than the applicable amount under section 245 (3) of the Election Act, the report under this section must include the following:

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

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

(4) For anonymous sponsorship contributions, the report under this section 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) A report under this section must be accompanied by a signed declaration of the individual recall advertising 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.

Late filing of reports

149   (1) Subject to subsection (2), a recall advertising sponsor that fails to file a report under section 146.18, 146.19, 147 or 148.01, as applicable, with the chief electoral officer within the time period established by the applicable section or by a court under section 151 may file the report on payment to the chief electoral officer of a late filing fee equivalent to the applicable amount under section 220 (5) (b) of the Election Act.

(2) A report under subsection (1) must be filed within 30 days after the end of the time period established by section 146.18, 146.19, 147 or 148.01, as applicable, or before a later date permitted by a court under section 151.

Failure to file reports

150   (1) Unless relief is granted by a court on an application under section 151 commenced before the end of the late filing period under section 149, if a recall advertising disclosure report is not filed with the chief electoral officer before the end of that period, the recall advertising sponsor

(a) is deregistered as a recall advertising sponsor under Division 3 of this Part, and

(b) must pay to the chief electoral officer a penalty equivalent to the applicable amount under section 220 (5) (b) of the Election Act for each day after the last day on which it may be filed under section 149 up to the date on which it is in fact filed.

(2) In the case of a recall advertising sponsor that is an unincorporated organization, the members of the organization are jointly and separately 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 151 is made in respect of the recall advertising sponsor, at the end of the period for making such an application;

(b) if, on the final determination of an application under section 151, the court refuses to grant relief from the penalty, at the time of that determination.

Court order for relief from filing obligations

151   (1) A recall advertising sponsor subject to section 149 or 150 may apply to the Supreme Court in accordance with this section for relief from an obligation to file a recall advertising disclosure report or from a penalty in relation to the filing of such a report.

(2) An application may be made only within the applicable period under section 132 (2).

(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 recall advertising 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 recall advertising 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 149 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 recall advertising 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 149, if the court considers that, in relation to the non-compliance, the recall advertising 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

152   An individual or organization who is or has been a recall advertising sponsor must

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

(b) retain those 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.

Publication of recall advertising disclosure report

153   (1) As soon as practicable after a recall advertising disclosure report under this Division is received, the chief electoral officer must publish the report and, if applicable, identify the relevant recall petition.

(2) The chief electoral officer may publish a report under subsection (1) on an Elections BC authorized internet site.

(3) A report published under this section must not include the address of a contributor.

Division 5 — Monetary Penalties for Recall Advertising Sponsors

Monetary penalties for failing to register

153.01   (1) Within 7 days of the chief electoral officer making a determination of non-compliance with section 143 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 153.09, 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.

Monetary penalties respecting making and using sponsorship contributions

153.02   (1) Within 7 days of the chief electoral officer making a determination of non-compliance with section 146.08 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 153.09, 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 contributor confirmation and consent

153.03   (1) Within 7 days of the chief electoral officer making a determination of non-compliance with section 146.09 by a recall advertising sponsor, 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 153.09, if the chief electoral officer gives notice under subsection (1) of this section, the recall advertising sponsor must pay to the chief electoral officer a penalty in the amount of up to double the contribution, as determined by the chief electoral officer.

Monetary penalties respecting sponsorship contribution limits

153.04   (1) Within 7 days of the chief electoral officer making a determination of non-compliance with section 146.10 by an eligible individual or a recall advertising sponsor, the chief electoral officer must notify the eligible individual or recall advertising sponsor of the non-compliance and the related penalty.

(2) Unless relief is granted by a court on an application under section 153.09, if the chief electoral officer gives notice under subsection (1) of this section, the eligible individual or recall advertising 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 146.10, as determined by the chief electoral officer.

Monetary penalties respecting sponsorship contributions

153.05   (1) Within 7 days of the chief electoral officer making a determination of non-compliance with section 146.11 by an individual or organization, 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 153.09, 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 double the sponsorship contribution, as determined by the chief electoral officer.

Monetary penalties respecting anonymous sponsorship contributions

153.06   (1) Within 7 days of the chief electoral officer making a determination of non-compliance with section 146.12 by a recall advertising sponsor, the chief electoral officer must notify the recall advertising sponsor of the non-compliance and the related penalty.

(2) Unless relief is granted by a court on an application under section 153.09, if the chief electoral officer gives notice under subsection (1) of this section, the recall advertising 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 146.12, as determined by the chief electoral officer.

Monetary penalties respecting return of sponsorship contributions

153.07   (1) Within 7 days of the chief electoral officer making a determination of non-compliance with section 146.13 by a recall advertising sponsor, the chief electoral officer must notify the recall advertising sponsor of the non-compliance and the related penalty.

(2) Unless relief is granted by a court on an application under section 153.09, if the chief electoral officer gives notice under subsection (1) of this section, the recall advertising sponsor 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 contributions over specific amount

153.08   (1) Within 7 days of the chief electoral officer making a determination of non-compliance with section 146.14 by an eligible individual or a recall advertising sponsor, the chief electoral officer must notify the eligible individual or recall advertising sponsor of the non-compliance and the related penalty.

(2) Unless relief is granted by a court on an application under section 153.09, if the chief electoral officer gives notice under subsection (1) of this section, the eligible individual or recall advertising 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 146.14, as determined by the chief electoral officer.

Court order for relief respecting recall advertising sponsor registration and sponsorship contributions

153.09   (1) A person who is subject to a monetary penalty under sections 153.01 to 153.08 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

153.10   (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 153.01 to 153.08,

(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 an 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 practicable 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