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This Act is current to September 13, 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 10 — General

Delivery of notices

166  A notice that is required or authorized under this Act to be given to an individual or organization is deemed to be given if it is delivered to the applicable address provided for this purpose under this Act.

Filing documents with chief electoral officer

167  Where this Act or a regulation requires or authorizes a document or other record to be filed with or submitted to the chief electoral officer, this may be done by delivering the record

(a) to the office of the chief electoral officer during its regular office hours, or

(b) to the chief electoral officer or an agent of the chief electoral officer at another place and time authorized by the chief electoral officer.

Access to and use of information in records

168  (1) A record that is required or authorized under this Act to be filed with or submitted to the chief electoral officer must, subject to this section, be available for public inspection in the office of the chief electoral officer during its regular office hours for one year from the time it is filed or submitted.

(2) Unless the chief electoral officer permits earlier inspection,

(a) an application for the issuance of a petition and, in the case of an application for the issuance of an initiative petition, the draft Bill submitted with it, are not available for public inspection until after the chief electoral officer has determined whether or not the petition is to be issued, and

(b) a petition that has been submitted to the chief electoral officer is not available for public inspection until the chief electoral officer has determined whether the requirements of section 7 or 23, as applicable, have been met.

(3) If a record is available for public inspection in the office of the chief electoral officer, subject to this section a member of the public may obtain a copy of the record on payment of the reasonable costs of reproduction.

(4) If a record available for public inspection as referred to in subsection (1) contains information that is and is identified as the residential address or telephone number of a specific individual, on request of that individual, that information must be obscured in the documents available for public inspection and, for these purposes, the chief electoral officer may make a copy rather than the original available for public inspection.

(5) Where this Act permits or requires the disclosure, public inspection or other use of or access to records containing personal information within the meaning of the Freedom of Information and Protection of Privacy Act, the personal information may be used only for the purposes of this Act or for a purpose referred to in section 275 (3) of the Election Act.

(6) The chief electoral officer or a member of the staff of the chief electoral officer may require an individual who wishes to inspect or obtain a copy of a record referred to in subsection (5) to

(a) satisfy the official that any purpose for which personal information is to be used is permitted by that subsection, and

(b) provide a signed statement that the individual, and any individual or organization on whose behalf the first individual is inspecting or obtaining the record, will not use personal information included in the record except for a purpose permitted under this Act.

(7) The minister responsible for the administration of the Information Management Act may require that, after the end of the retention period, records under the control of the chief electoral officer be archived

(a) in the digital archives established by the Information Management Act, or

(b) in the museum archives of government established by the Museum Act.

(7.1) For the purposes of subsection (7), the chief electoral officer must give notice to the minister responsible for the administration of the Information Management Act before the end of each retention period.

(8) To the extent of any inconsistency or conflict with the Freedom of Information and Protection of Privacy Act, this Act applies despite that Act.

Enforcement of Act by chief electoral officer

169  (1) The chief electoral officer may conduct

(a) audits of the accounts of financial agents and authorized participants, and

(b) investigations of any matter that might constitute a contravention of this Act or a regulation under this Act.

(2) For the purposes of subsection (1), the chief electoral officer or a representative of the chief electoral officer may inspect and make copies of the records of an individual or organization

(a) who is or was a financial agent at any time during the previous 5 years,

(b) who is or was an authorized participant at any time during the previous 5 years,

(c) who is or was required to file an initiative advertising disclosure report at any time during the previous 5 years, or

(d) who is or was required to file a recall advertising disclosure report at any time during the previous 5 years,

(3) Section 276 (3) to (6) of the Election Act applies in relation to the authority under subsection (2).

(4) Sections 278 and 279 of the Election Act, respecting the enforcement of that Act and penalties under that Act, apply for the purposes of enforcing this Act or a penalty under this Act.

Emergencies and other extraordinary circumstances

170  (1) The chief electoral officer may, by specific or general order, make exceptions to this Act and the regulations under this Act in accordance with the purposes of this Act if, in the opinion of the chief electoral officer, this is necessary because of an emergency, a mistake or extraordinary circumstances in relation to proceedings under this Act.

(2) Without limiting subsection (1), the chief electoral officer may make orders extending a time period or establishing a new date in place of one set under this Act and giving any other direction the chief electoral officer considers appropriate in relation to this.

General regulations

171  (1) On the recommendation of the minister after consultation with the chief electoral officer, the Lieutenant Governor in Council may make regulations referred to in section 41 of the Interpretation Act.

(2) Without limiting subsection (1), on the recommendation of the minister after consultation with the chief electoral officer, the Lieutenant Governor in Council may make regulations as follows:

(a) governing the duties and powers of the chief electoral officer under this Act;

(b) setting out procedures for the verification of signatures and governing eligibility to sign a petition under this Act;

(c) governing the conduct of individuals who canvass for signatures on petitions;

(d) prescribing forms for the purposes of this Act and prescribing information that may be included on them;

(e) prescribing fees for the purposes of this Act;

(f) specifying recall expenses that are to be included as personal recall expenses under section 114 (4) (f);

(g) specifying expenses that are not to be included when determining whether an organization or individual has complied with an expenses limit;

(h) prescribing information that must be included in

(i) an application under section 97, or

(ii) an initiative advertising disclosure report under section 100;

(i) prescribing classes of advertising for the purposes of section 101 (1) (a);

(j) prescribing information that must be included in

(i) an application under section 144, or

(ii) a recall advertising disclosure report under section 147;

(k) prescribing classes of advertising for the purposes of section 148 (1) (a).

Additional powers of the chief electoral officer

172  (1) The powers, duties and functions given to the chief electoral officer under the Election Act apply for the purposes of this Act except that if there is a conflict or inconsistency between the Election Act and this Act, this Act applies.

(2) Without limiting subsection (1), the chief electoral officer may make regulations in relation to an initiative vote that the chief electoral officer considers necessary or advisable for the purposes of applying the Election Act to the initiative vote.

Appropriation

173  Administrative costs incurred by the chief electoral officer under this Act must be paid out of the consolidated revenue fund.

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