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This Act is current to November 1, 2017
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

Recall advertising

134  For the purposes of this Act, recall advertising is advertising used during a recall petition period to promote or oppose, directly or indirectly, the recall of the Member who is the subject of the petition.

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 sponsor can be contacted,

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

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

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

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

(a) the name of the organization, and

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

(4) On request of the chief electoral officer,

(a) an individual identified as a sponsor, or

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

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

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  An individual or organization must not sponsor or conduct any recall advertising unless the advertising

(a) identifies the name of the 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 sponsor under this Act,

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

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

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 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.

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

Registration with chief electoral officer

144  (1) An individual or organization who wishes to become a registered sponsor in relation to a recall petition 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;

(f) identification of the recall petition in relation to which the applicant wishes to be registered as a 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 is not prohibited from being registered by section 146.

(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 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 sponsor, the 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 sponsor is deemed to have been given if it is delivered to the applicable address filed under this section with the chief electoral officer.

Obligations of registered sponsor

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

(2) An individual or organization who is registered or required to be registered as a sponsor must maintain records of the following information in respect of contributions received by the 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 (e), with the class of contributor recorded in accordance with section 148.

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 sponsor until all such outstanding reports are filed and all such outstanding penalties are paid.

Division 4 — Disclosure of Independent Recall Advertising

Independent sponsors must file disclosure reports

147  (1) Subject to subsection (2), if an individual or organization sponsors during a recall petition period recall advertising that has a total value of $500 or a higher amount established by regulation, the sponsor must file with the chief electoral officer a recall advertising disclosure report in accordance with this section and section 148.

(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) An authorized participant for the recall petition is not required to file a report under this section.

(4) A 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 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 sponsor becomes aware of the facts in relation to which the report is required.

Contents of disclosure report

148  (1) A recall advertising disclosure report must be in the form prescribed by regulation and must include the following information:

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

(b) the amount of the contributions accepted by the sponsor during the period beginning 6 months before the recall petition was issued and ending at the end of the recall petition period, reported in accordance with subsections (2) to (4);

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

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

(2) For the purposes of subsection (1) (b), amounts accepted from contributors must be reported separately for each of the following classes of contributor:

(a) individuals;

(b) corporations;

(c) unincorporated organizations engaged in business or commercial activity;

(d) trade unions;

(e) non-profit organizations;

(f) other identifiable contributors;

(g) anonymous contributors.

(3) If the records of the sponsor indicate that, during the period for which contributions are required to be reported, a contributor made one or more contributions of money that, in total, have a value of more than $250 or a higher amount established by regulation, the report under this section must include the following:

(a) the full name of the individual;

(b) the class of the contributor as referred to in subsection (2);

(c) if the contributor is a numbered corporation or an unincorporated organization, the full names and addresses of at least 2 individuals

(i) who are directors of the organization, or

(ii) if there are no individual directors, who are principal officers or principal members of the organization;

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

(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 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) As a limit on the reporting obligations under this section, the obligation of a sponsor in relation to contributions accepted before the recall petition period to which the report relates is that reasonable effort must be made to report the information required under this section.

Late filing of reports

149  If a sponsor fails to file a report under section 147 with the chief electoral officer within the time period established by that section or by a court under section 151, 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, the report may be filed within 30 days after the end of the time period under section 147 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 sponsor

(a) is deregistered as a 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 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 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 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 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 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 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 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 sponsor of recall advertising 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 summary

153  As soon as practicable after a recall advertising disclosure report under this Division is received, the chief electoral officer must publish a report including the following:

(a) the name of the sponsor for whom it is filed;

(b) an identification of the relevant recall petition;

(c) a summary of the information included in the report.

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