1993 Legislative Session: 2nd Session, 35th Parliament
FIRST READING
The following electronic version is for informational purposes only.
The printed version remains the official version.
MR. JEREMY DALTON
HER MAJESTY, by and with the advice and consent of the Legislative Assembly of the Province of British Columbia, enacts as follows:
1 (1) In this Act
(a) "broadcasting undertaking" means a broadcasting undertaking as defined in Section 2 of the Broadcasting Act (Canada);
(b) "by-election" means an election other than a general election;
(c) "campaign period" means the period commencing with the issue of a writ for an election and terminating four months after polling day;
(d) "candidate" means
(i) a person who is duly nominated as a candidate for an electoral district in accordance with the Election Act
(ii) a person who is nominated by a constituency association of a registered party in an electoral district as the official candidate of such party in the electoral district, or
(iii) a person who, on or after the date of the issue of the writ for an election in an electoral district, declares to be an independent candidate at the election in the electoral district;
(e) "Commission" means the Commission on Election Contributions and Expenses;
(f) "constituency association" in an electoral district means the association or organization endorsed by a registered party as the official association of that party in the electoral district;
(g) "contribution" does not include any goods produced by voluntary unpaid labour or any service performed by an individual voluntarily for a political party, constituency association or candidate withoutcompensation from the political party, constituency association or candidate;
(h) "election" means an election to elect a member or members to serve in the Assembly;
(i) "general election" means an election in respect of which election writs are issued for all electoral districts
(j) "outdoor advertising facilities" means facilities other than radio and television and newspapers, magazines and other periodical publications, of any person or corporation that is in the business of providing such facilities on a commercial basis for advertising purposes;
(k) "person" includes a candidate but does not include a corporation or trade union;
(l) "polling day" means the day fixed under the Election Act for holding the poll at an election;
(m) "registered candidate" means a candidate registered under this Act;
(n) "registered constituency association" means a constituency association registered under this Act;
(o) "registered party" means a political party registered under this Act;
(p) "list of voters" means the most recent list of voters as certified under section 22 of the Election Act;
(q) "trade union" means a trade union as defined by the Labour Relations Code or the Canada Labour Code, as the case may be, that holds bargaining rights for employees in British Columbia;
(r) "year" means calendar year.
(2) Corporations that are associated with one another under Section 256 of the Income Tax Act (Canada) shall be considered as a single corporation under this Act.
(3) This Act does not apply to campaigns and conventions carried on or held in relation to the leadership of any registered party or in relation to contested constituency nominations for endorsation of official party candidates.
(4) This Act does not apply to
(a) funds held in trust at 3.00 o'clock in the afternoon of the first day of April, 1993; and
(b) funds raised before the expiration of thirty days after the first day of April, 1993 by a fund-raising function organized before that day that are placed in trust for the purposes of a constituency association or the future candidacy of any person at an election of a future election campaign of any person, but the trustee or trustees of each such trust shall,
(c) within sixty days after the 31st day of May, 1993 report in writing to the Commission the existence of such trust and the total amount of the funds therein;
(d) maintain the funds remaining in the trust from time to time on deposit with a financial institution that is lawfully entitled to accept deposits or investments authorized for trust monies by the Trustee Act;
(e) not permit other funds or other property to be added to the trust other than interest on the amounts on deposit of the income from the investments referred to in clause (d);
(f) file with the Commission on or before the 30th of April in the year 1994 and in each year thereafter a report of the expenditures from the trust during the previous year and a declaration of compliance with the provisions of clauses (d) and (e); and
(g) when the trust is terminated, forthwith notify the Commission thereof.
(5) For the purposes of this Act, the period from 3:00 o'clock in the afternoon of the first day of April, 1993 to and including the 31st day of December, 1993 shall be deemed to have been the calendar year 1993.
2 (1) The commission known as the Commission on Election Contributions and Expenses is hereby created, and shall be composed of
(a) two persons as nominees of each political party that is represented in the Assembly by three or more members of the Legislative Assembly and that nominated candidates in at least 50 percent of the electoral districts in the most recent general election appointed, on the recommendation of the leader of the party, by the Lieutenant Governor in Council for a term of not more than 5 years;
(b) a bencher of the Law Society of British Columbia appointed by the Lieutenant Governor in Council for a term of not more than five years to hold office only while he remains a bencher;
(c) the Chief Electoral Officer; and
(d) the chair of the Commission who shall be appointed by the Lieutenant Governor in Council for a term of not more than ten years.
(2) The members of the Commission shall elect one of the members appointed under section 2 (1) (a) as vice-chair to serve as such for not more than two years.
(3) In the absence of the chair, the vice-chair shall act as chair.
(4) The Commission shall meet on the call of the chair or of five or more members.
(5) Five or more members of the Commission and the chair or vice-chair constitute a quorum.
(6) Members of the Commission shall not, during their term of office, be members of the Assembly or candidates at an election or hold office in any political party or constituency association or make contributions to any political party or constituency association.
(7) No member of the Commission may be reappointed to the Commission.
(8) The chair of the Commission shall be paid such salary and the other members except the Chief Electoral Officer shall be paid such per diem allowances as may be determined by the Lieutenant Governor in Council.
(9) The remuneration of the members of the Commission and the expenditures required for the operation of the Commission are payable out of moneys appropriated by the Legislature.
(10) The accounts and financial transactions of the Commission shall be audited annually by the Auditor General of British Columbia.
3 (1) The Commission may employ an Executive Director, legal counsel, auditors and such staff as it considers necessary to carry out its responsibilities under this Act.
4 (1) The Commission, in addition to its other powers and duties under this Act, shall
(a) assist political parties, constituency associations and candidates registered under this Act in the preparation of returns required under this Act;
(b) ensure that every registered constituency association and registered candidate has appropriate auditing services in order to comply with this Act;
(c) examine all financial returns filed with the Commission;
(d) conduct periodic investigations and examinations of the financial affairs and records of registered political parties and constituency associations and of registered candidates in relation to election campaigns;
(f) recommend any amendments to this Act that the Commission considers advisable;
(h) report to the Attorney General any apparent contravention of this Act;
(i) prescribe forms and the contents thereof for use under this Act and provide for their use;
(j) prepare, print and distribute forms for use under this Act;
(k) provide such guidelines as it considers necessary for the guidance of auditors and political parties, constituency associations and candidates and any of the officers thereof;
(l) publish a summary of each candidate's election receipts, expenses and subsidy in a newspaper having a general circulation in the electoral district contested; and
(m) the Commission may lease such premises and acquire such equipment and supplies as are necessary to properly carry out its responsibilities under this Act.
(2) The Commission shall report annually upon the affairs of the Commission to the Speaker of the Legislative Assembly who shall cause the report to be laid before the Legislative Assembly if it is in session or, if not, at the next ensuing session.
(3) For the purpose of carrying out any investigation or examination under this Act, the Commission has the powers of a commission under the Inquiry Act which Part applies to such investigation or examination as if it were an inquiry under that Act.
(4) For the purposes of an investigation or examination under this Act, a representative of the Commission, upon production of his authorization from the Commission to enter the premises (referred to in the authorization) in which the books, papers and documents of a political party, constituency association or candidate relevant to the subject-matter of the investigation or examination are kept, may at any reasonable time enter such premises and examine such books, papers and documents.
(5) Such information with respect to the affairs of a registered party or registered constituency association that is reasonably required in respect of its duties under this Act as the Commission may request shall be provided by the registered party or constituency association within thirty days after receiving a written request therefor from the Commission or within such extended period as the Commission may determine.
5 (1) No political party and no person, corporation or trade union acting on behalf of the political party shall accept contributions for the purposes of the political party or for the purposes of any constituency association or for the candidacy of any person at an election or for an election campaign of any person unless the political party is registered under this Act.
(2) Any political party that
(a) held a minimum of four seats in the Assembly following the most recent election;
(b) nominated candidates in at least 50 percent of the electoral districts in the most recent general election;
(c) nominated candidates in at least 50 percent of the electoral districts following the issue of a writ for a general election; or
(d) at any time other than during a campaign period provides the Commission with the names, addresses and signatures of 3,000 persons who
(i) are eligible to vote in an election, and
(ii) attest to the registration of the political party concerned, may apply to the Commission for registration in the register of political parties.
(3) The Commission shall maintain a register of political parties and subject to this section shall register therein any political party that is qualified to be registered and that files an application for registration with the Commission, setting out
(a) the full name of the political party;
(b) the political party name or abbreviation to be shown in any election documents;
(c) the name of the leader of the political party;
(d) the address of the place or places where records of the political party are maintained and of the place to which communications may be addressed;
(e) the names of the principal officers of the political party;
(f) the name of the chief financial officer of the political party;
(g) the names of all persons authorized by the political party to accept contributions;
(h) the name and address of every chartered bank, trust company or other financial institution that is lawfully entitled to accept deposits to be used by the political party as the depositories for contributions made to that political party;
(i) the names of the political party's signing officers responsible for each depository referred to in clause (h); and
(j) a statement of the assets and liabilities of the political party as of a date not earlier than prior to the date of its application for registration attested to by its chief financial officer.
(4) Upon receipt of an application for registration of a political party, the Commission shall examine the application and determine if the political party can be registered; and
(a) if the political party can be registered, enter it in the register of political parties and so inform the political party; or
(b) if the political party cannot be registered, so inform the political party with written reasons for its determination.
(5) The Commission shall not register a political party where the name includes the word "independent" or where in the opinion of the Commission the name or abbreviation of the name of the party so nearly resembles the name or abbreviation of a registered party as to be likely to be confused with that registered party.
(6) Where any of the information referred to in section 6 (3) (a) through (i) is altered, the registered party shall notify in writing the Commission within thirty days of such alteration and, upon receipt of any such notice, the Commission shall vary the register of political parties accordingly.
(7) No contribution shall be accepted by a registered candidate otherwise than through the chief financial officer or other person on record as authorized to accept contributions.
6 (1) No constituency association of a registered party and no person, corporation or trade union acting on behalf of the constituency association shall accept contributions for the purposes of the constituency association or for the purposes of the registered party of for the candidacy of any person at an election or for an election campaign of any person unless the constituency association is registered under this Act.
(2) The Commission shall maintain a register of constituency associations and, subject to this section, shall register therein any constituency association of a registered party that files an application for registration with the Commission setting out
(a) the full name of the constituency association and of the registered party by which it is endorsed;
(b) the address of the place or places where records of the constituency association are maintained and the place to which communications may be addressed;
(c) the names of the principal officers of the constituency association;
(d) the name of the chief financial officer of the constituency association;
(e) the names of all persons authorized by the constituency association to accept contributions;
(f) the name and address of every chartered bank, trust company or other financial institution that is lawfully entitled to accept deposits to be used by the constituency association as the depositories for all contributions made to that constituency association;
(g) the names of the constituency association signing officers responsible for each depository referred to in clause (f); and
(h) a statement of the assets and liabilities of the constituency association as of a date not earlier than ninety days prior to the date of its application for registration attested to by the chief financial officer.
(3) Upon receipt of an application for registration of a constituency association, the Commission shall examine the application and determine if the constituency association can be registered and
(a) if the constituency association can be registered, enter it in the register of constituency associations and so inform the constituency association; or
(b) if the constituency association cannot be registered, so inform the constituency association with written reasons for its determination.
(4) Where any of the information referred to in Section 7 (2) (a) through (g) is altered, the registered constituency association shall notify in writing the Commission within thirty days of any such alteration and, upon receipt of any such notice, the Commission shall vary the register of constituency associations accordingly.
7 Sections 10 and 11 do not apply to any political party or its constituency associations, except the political parties and their constituency associations that are deemed by section 8 to be registered under this Act, until the date named in a notice published by the Commission in The British Columbia Gazette as the first day upon which applications for registration of political parties and constituency associations will be received for filing by the Commission.
8 (1) Every political party that is qualified under Section 5 (2) (a) to be registered under this Act shall be deemed to be registered under this Act as of 3:00 o'clock in the afternoon on the first day of April, 1993 and each constituency association of such party shall be deemed to be registered under this Act as of 3:00 o'clock in the afternoon of the first day of April, 1993.
(2) When a political party or a constituency association referred to in section 8 (1) or (5) receives a request in writing from the Commission to file an application for registration under this Act, it shall immediately comply with such request and when the political party or constituency association becomes registered as the result of the application therefor, subsection (1) ceases to apply to it.
(3) Where contributions are received by or on behalf of a political party or constituency association referred to in section 8 (1), during the period from 3:00 o'clock in the afternoon on the first day of April, 1993 to and including the day it becomes registered as a result of an application therefor under section 8 (2), notwithstanding any other provision of this Act, the political party and constituency association shall cause each contribution accepted by it to be recorded as to amount and source and deposited in an account in a chartered bank, trust company or other institution that is lawfully entitled to accept deposits and shall issue receipts therefor in accordance with this Act within a reasonable time after it becomes registered as the result of an application therefor under section 8 (2).
(4) Any constituency association referred to in section 8 (1) that by reason of The Electoral District Act, 1989
(a) ceases to exist, shall be deemed never to have been registered under section 8 (1); or
(b) is replaced by another constituency association, such other constituency association shall be deemed to be an association referred to in section 8 (1).
(5) Any new constituency association endorsed by a political party referred to in section 8 (1) that was formed by reason of The Electoral District Act, 1989 and that does not replace a constituency association referred to in subsection (1) shall be deemed to be registered under this Act on the date of its formation.
9 (1) The Commission may deregister
(a) a registered party on an application therefor by the registered party; or
(b) a registered constituency association on an application therefor by the constituency association and the registered party concerned.
(2) Where the chief financial officer of a registered party or registered constituency association fails to comply with section 33, the Commission may deregister the registered party or constituency association, as the case may be.
(3) Where under subsection (2) the Commission proposes to deregister
(a) a political party, it shall send by registered mail notice of the proposed deregistration with written reasons therefor to the political party; or
(b) a constituency association, it shall send by registered mail notice of the proposed deregistration with written reasons therefor to the constituency association and the political party concerned and the political party or constituency association so notified, within thirty days after the sending of the notice, may request the Commission in writing to review such deregistration.
(4) Where the Commission receives a written request to review its proposal, it shall review the proposal and give the political party and constituency association notified under subsection (3), an opportunity to make representation to the Commission and following such review of the proposed deregistration the Commission may withdraw its proposal or deregister the political party or constituency association, as the case may be, and shall
(a) where the proposed deregistration involves a political party, notify it in writing; and
(b) where the proposed deregistration involves a constituency association, notify in writing the constituency association involved and the political party concerned, of its decision.
(5) Where a political party is deregistered, the registered constituency associations of such political party are thereby also deregistered.
(6) Where a political party or constituency association is deregistered for failure to comply with section 33 together with the auditor's report thereon required by subsection 41 (4) that were not filed with the Commission.
(7) Where a political party or constituency association is deregistered, all funds of the political party or constituency association not required to pay any outstanding debts thereof shall be paid over to the Commission and held by the Commission in trust for the political party or constituency association and, if the political party or constituency association does not become registered under this Act within a period of two years following its deregistration, the funds shall escheat to the Commission in carrying out its responsibilities under this Act.
10 (1) No person and no person, corporation or trade union acting on behalf of such person and, except as provided under subsection 10 (1) and subsection 11 (1), no political party or association or organization thereof acting on behalf of such person, shall accept contributions for the candidacy of such person at an election of or an election campaign of such person unless such person is a candidate registered under this Act.
(2) The Commission shall maintain a register of candidates in relation to each election held after the first day of April, 1992 and subject to this section, shall register therein any candidate that files an application for registration with the Commission setting out
(a) that the individual,
(i) has been duly nominated in accordance with the Election Act in the electoral district of ____________________,
(ii) has not been duly nominated in accordance with the Election Act but has been nominated by the constituency association of in the electoral district of ____________________ and has enclosed with his application a statement to the effect attested to by the chief financial officer of the association, or
(iii) has not been duly nominated in accordance with the Election Act but, after the issue of a writ for an election in an electoral district, has declared to be an independent candidate at the election in the electoral district of ____________________;
(b) the full name and address of the candidate;
(c) the political party affiliation, if any, of the candidate;
(d) the address of the place or places where records of the candidate are maintained and of the place to which communications may be addressed;
(e) the name of the auditor and chief financial officer of the candidate;
(f) the names of all persons authorized by the candidate to accept contributions;
(g) the name and address of every chartered bank, trust company or other financial institution that is lawfully entitled to accept deposits to be used by or on behalf of the candidate as the depositories for all contributions made to that candidate; and
(h) the names of the persons responsible for each depository referred to in clause (g).
(3) A candidate who files an application under subsection (2)
(a) prior to the issue of a writ for an election, shall be deemed to be registered effective from the issue of the writ; and
(b) after the issue of a writ for an election, shall be deemed to be registered on and after the day following the day of filing.
(4) An application under subsection (2) may be filed with the Commission by registered mail in which case it shall be deemed to be filed on the second day after it is mailed.
(5) Where a registered candidate who was duly nominated in accordance with the Election Act withdraws their candidacy in accordance with that Act or a person who becomes registered before becoming so nominated does not become nominated as a candidate in accordance with the Election Act, the person shall notify the Commission in writing and the Commission shall delete the name from the register of candidates.
11 (1) All documents filed with the Commission are public records and may be inspected by any person upon request at the offices of the Commission during normal office hours.
(2) Any person may take extracts from the documents referred to in subsection (1) and is entitled to copies thereof upon payment for the preparation of the copies at such rate as the Commission may determine.
12 (1) Contributions to political parties, constituency associations and candidates registered under this Act may be made only by persons individually, corporations and trade unions.
(2) Monies contributed to political parties, constituency associations and candidates registered under this Act in amounts in excess of twenty-five dollars ($25.00) shall be made only by a cheque having the name of the contributor legibly printed thereon signed by the contributor and drawn on an account in the contributors name or by a money order signed by the contributor, or by a credit card signed in person by the contributor.
(3) All monies accepted by or on behalf of a political party, constituency association or candidate registered under this Act shall be paid into the appropriate depository on record with the Commission.
13 Any anonymous contribution received by a political party, constituency association or candidate registered under this Act shall not be used or expended, but shall be returned to the contributor if the contributor's identity can be established, and if the contributor's identity cannot be established, the contribution shall be paid over to the Commission and become part of the funds of the Commission to be used by the Commission in carrying out its responsibilities under this Act.
14 (1) Contributions by any person, corporation or trade union to political parties, constituency associations and candidates registered under this Act are limited to those set out in clauses (a) and (b) and shall not exceed
(a) in any year,
(i) $10,000 to each registered party, and
(ii) $1,000 to any registered constituency association but in respect of registered constituency associations of a registered party, an aggregate of $4,000 to constituency associations of each registered party; and
(b) in any campaign period in addition to contributions authorized under stet.
(i) $10,000 in relation to the election in such period to each registered party, and
(ii) $1,000 in relation to the election in such period to any registered party but in respect of candidates endorsed by a registered party, an aggregate of $4,000 to registered candidates of each registered party.
(2) Where the writs for two or more by-elections bear the same date and provide for the same polling day, all such by-elections shall be deemed one election for the purposes of Section 14 (1) (b).
(3) Any monies to be used for a political campaign by a candidate out of their own funds shall be deemed to be a contribution for the purposes of this Act and shall be paid into a depository on record with the Commission.
15 (1) Subject to section 23, no person, corporation or trade union shall contribute to any political party, constituency association or candidate registered under this Act funds not actually belonging to that party or any funds that have been given or furnished to that party by any person or group of persons or by a corporation or trade union for the purpose of making a contribution thereof.
(2) No political party, constituency association or candidate registered under this Act, and no party on its or the candidates behalf shall solicit or knowingly accept any contribution contrary to the provisions of subsection (1) and
(3) No political party, constituency association or candidate registered under this Act shall accept funds from a federal political party registered under the Elections Expenses Act (Canada).
(4) Where the chief financial officer learns that any contribution received by or on behalf of the political party, constituency association or candidate for whom he acts was made contrary to subsection (1), the chief financial officer shall, within thirty days after learning that the contribution was made contrary to subsection (1), return the contribution or an amount equal to the sum contributed.
16 (1) The value of goods and services, other than those that are not contributions under clause 1 (1) (g), which are provided to a political party, constituency association or candidate registered under this Act shall be
(a) where the contributor is in the business of supplying such goods or services, the lowest amount charged by the business for an equivalent amount of the same goods and services at or about the time and in the market area in which the goods or services are provided; and
(b) contributions of goods or services from a single source in any year, excluding any campaign period or part thereof in that year or in any campaign period that in the aggregate have a value of more than one hundred dollars ($100), shall be considered as a contribution for the purposes of this Act.
17 (1) Where any person, corporation or trade union with the knowledge and consent of a political party or candidate registered under this Act promotes the political party or the election of the candidate or opposes any other registered party or the election of any other registered candidate by advertising on the facilities of any broadcasting undertaking or by publishing an advertisement in any newspaper, magazine or other periodical publication or printed leaflets, pamphlets or other documents or through the use of any outdoor advertising facility and the amount of the cost thereof
(a) in the case of any single such advertisement or publication is more than one hundred dollars ($100); and
(b) in the case of any such advertisements and publications from a single source published in any year, excluding any campaign period or part thereof in that year, or in any campaign period in the aggregate exceeds one hundred dollars ($100), such amount shall be considered a contribution for the purposes of this Act to the political party or candidate with whose knowledge and consent the advertising was done.
(2) No person, corporation, trade union or registered party or constituency association shall cause any political advertisement to be published in any newspaper, magazine or other periodical publication or through the use of any outdoor advertising facility unless the party furnishes to the publisher of the advertisement identification, in writing, together with the identification, in writing, of any person, corporation or trade union or constituency association sponsoring the political advertisement.
(3) Any publisher who publishes a political advertisement shall maintain records for a period of two years after the date of publication setting forth such advertisement, the charge therefor and any material relating to identification furnished to him in connection therewith and shall permit the public to inspect such records during normal business hours.
(4) For the purposes of subsections (2) and (3), "political advertisement" means any matter promoting or opposing any registered party or the election of any registered candidate but does not include any bona fide new stories (including interviews, commentaries or other works prepared for and published by any newspaper, magazine or other periodical of which works are not paid for by or on behalf of any political party, constituency association or candidate).
18 (1) In this section, "fund raising function" includes suppers, dances, garden parties and any other social function held for the purpose of raising funds for the political party, constituency association or candidate registered under this Act by whom or on whose behalf the function is held.
(2) The gross income from any fund-raising function shall be recorded and reported to the Commission by the chief financial officer of the political party, constituency association or candidate registered under this Act that held or on whose behalf the function was held.
(3) Where an individual charge by the sale of tickets or otherwise is made for a fund-raising function, half of the charge shall be allowed for expenses and, where the amount of the other half of the charge exceeds $10.00, such amount shall be considered a contribution to the political party, constituency association or candidate registered under this Act that held or on whose behalf the function was held, provided that where the individual charge is $50.00 or more the amount allowed for expenses shall be $25.00 and the amount of the charge in excess of $25.00 shall be considered a contribution.
(4) Except as provided in subsection (3), funds raised by a fund-raising function shall be considered not to be contributions for the purposes of this Act.
(5) Where at a meeting held on behalf or in relation to the affairs of a candidate, political party or constituency association or candidate registered under this Act money is given in response to a general collection of money solicited from the persons in attendance at the meeting, no amount shall be given anonymously by any person in excess of five dollars ($5.00) and the amounts so given shall be considered not to be contributions for the purposes of this Act but the gross amount collected shall be recorded and reported to the Commission by the chief financial officer of the political party, constituency association or candidate as the case may be.
19 (1) Every political party, constituency association or candidate registered under this Act shall issue or cause to be issued receipts as required by the Commission for every contribution accepted.
(2) No political party or candidate shall issue tax receipts unless the political party or candidate is registered under this Act.
(3) Where a candidate or political party is registered under this Act, no person except the chief financial officer of the political party or candidate shall issue tax receipts for contributions received by or on behalf of the political party or candidate.
(4) Where a candidate is not registered under this Act, no person except the chief financial officer of the candidate shall issue receipts for contributions received on or behalf of the candidate.
(5) No constituency association shall issue tax receipts.
(6) Subject to section 19 (7), where a contribution of more than twenty-five dollars ($25.00) is made to a political party or candidate registered under this Act, the chief financial officer shall issue a tax receipt therefor in a form prescribed by the Commission.
(7) No tax receipts shall be issued for donations in kind made to a political party or candidate registered under this Act.
(8) Any contribution to a political party, constituency association or candidate registered under this Act made through any unincorporated association or organization, except a trade union, shall be recorded by the unincorporated association or organization as to the individual sources and amounts making up such contribution.
(9) The amounts making up a contribution under subsection (2) that are attributable to any person, corporation or trade union are contributions of such person, corporation or trade union for the purposes of this Act.
20 A political party, constituency association or candidates registered under this Act may transfer to or accept funds, goods and services from each other and all such funds, goods and services accepted by such political party, constituency association or candidate shall not be deemed contributions for the purposes of this Act but shall be recorded as to source and any funds accepted shall be deposited in the appropriate depository on record with the Commission.
21 (1) No political party, constituency association or candidate registered under this Act and no person on their behalf shall knowingly accept any contributions in excess of the limits imposed by this Act.
(2) Where the chief financial officer learns that any contribution was accepted by or on behalf of the political party, constituency association or candidate for whom the chief financial officer acts, in excess of the limits imposed by this act, the chief financial officer shall, within thirty days after learning thereof, return the amount of the contribution which is in excess of the limits.
22 (1) No political party, constituency association or candidate registered under this Act shall, directly or indirectly
(a) knowingly accept contributions from any person normally resident outside British Columbia, from any corporation that does not carry on business in British Columbia or from a trade union other than a trade union as defined in this Act; or
(b) contribute or transfer funds to any federal, municipal or civic political party, constituency association or candidate.
(2) Where the chief financial officer learns that any contribution was accepted by or on behalf of the political party, constituency association or candidate for whom the chief financial officer acts from any person normally resident outside British Columbia, from any corporation that does not carry on business in British Columbia or from a trade union other than a trade union as defined in this Act, the chief financial officer shall, within thirty days after learning thereof, return the contribution or an amount equal to the sum contributed.
23 An annual membership fee paid for membership in a political party or in a constituency association of such party or in both may be considered not to be a contribution for the purposes of this Act provided such fee, or where a fee is paid to the party and to a constituency association of that party, the total of such fees does not exceed ten dollars ($10.00) and the political party and constituency association maintain a membership list indicating the amount of such fee or fees paid by each member that is allocated to the political party or constituency association as the case may be.
24 Contributions of not more than 10 cents per month by any member of a bargaining unit represented by a trade union through payroll deductions shall not be considered contributions from a person for the purposes of this Act, but any amounts contributed to a political party, constituency association or candidate registered under this Act from such funds shall be deemed to be a contribution from the trade union.
25 (1) Every political party and constituency association that is applying for registration under this Act, before filing its application with the Commission, and every political party and constituency association that is deemed by section 13 to be registered under this Act, within 30 days after the first day of April, 1993, shall appoint a chief financial officer.
(2) Every candidate shall appoint a chief financial officer for the purposes of this Act.
(3) Where a chief financial officer appointed under subsection (1) or (2) ceases for any reason to hold office as such, the political party, constituency association or candidate, as the case may be, shall forthwith appoint another chief financial officer.
(4) The chief financial officer of each political party, constituency association and candidate registered under this Act in relation to the affairs of the party, constituency association or candidate who appointed the chief financial officer, shall be responsible for ensuring that,
(a) proper records are kept of all receipts and expenditures;
(b) contributions are placed in the appropriate depository;
(c) proper receipts are completed and dealt with in accordance with this Act;
(d) the financial statements as required by section 33 together with the auditor's report thereon, are filed with the Commission with this Act; and
(e) contributions consisting of goods and services are valued and recorded in accordance with this Act.
26 (1) Where any person on behalf of a political party, constituency association or candidate registered under this Act accepts in any year,
(a) a single contribution in excess of ten dollars ($10.00); or
(b) contributions from a single source in any year, excluding any campaign period or part thereof in that year, or in any campaign period that in the aggregate exceed ten dollars ($10.00), the chief financial officer shall record all such contributions and in the case of a single contribution of more than one hundred dollars ($100.00) in contributions from a single source in any year, excluding any campaign period or part thereof in that year, or in any campaign period that in the aggregate exceed one hundred dollars ($100.00), the name and address of the contributor.
(2) All contributions referred to in subsection (1) accepted on behalf of a political party, constituency association or candidate registered under this Act in any year shall be recorded separately from other contributions accepted during that year.
(3) Every political party, constituency association and candidate registered under this Act shall file with the Commission
(a) within the period during which a financial statement must be filed relating to a campaign period, a return setting out all the information required to be recorded under subsections (1) and (2) by the political party, constituency association or candidate relating to the campaign period; and
(b) within the period during which an annual financial statement must be filed, a return setting out all the information required to be recorded under subsection (1), excluding the information to be returned under clause (a).
27 A political party, constituency association or candidate registered under this Act may borrow from any chartered bank or any other recognized lending institution provided that all such loans and the terms thereof are recorded by the political party, constituency association or candidate and reported by it or the candidate to the Commission.
28 (1) No person, corporation, trade union or unincorporated association shall sign, co-sign or provide collateral responsibility for any loan, monetary obligation or indebtedness on behalf or in the interest of any political party, constituency association or candidate registered under this Act.
(2) No political party, constituency association or candidate registered under this Act shall receive any contribution from any person, corporation, trade union or unincorporated association or organization in the form of a loan other than from a registered party or registered constituency association.
(3) Subsections (1) and (2) do not apply to a guarantee of a loan referred to in section 36.
29 (1) No political party, constituency association or candidate registered under this Act and no person acting with their knowledge and consent shall, after the issue of a writ for an election and before the day immediately following polling day, except during the period of twenty-one days immediately preceding the day before polling day,
(a) advertise on the facilities of any broadcasting undertaking; or
(b) procure for publication, cause to be published or consent to the publication of, an advertisement in a newspaper, magazine or other periodical publication or through the use of outdoor advertising facilities, for the purpose of promoting or opposing any registered party or the election of a registered candidate.
(2) Subsection (1) does not apply
(a) to advertising of public meetings in constituencies;
(b) to announcing constituency headquarters locations;
(c) to announcing services for voters by constituency associations respecting enumeration and revision of lists of voters; or
(d) to any other matter respecting administrative functions of constituency associations, provided the advertisements, announcements and other matters are done in accordance with the guidelines of the Commission.
(3) Nothing contained in subsection (1) shall prohibit the procuring for publication, causing to be published or consenting to the publication of an advertisement referred to therein on the day before polling day in a newspaper which is published in British Columbia not more frequently than once a week and whose day of regular publication falls on the day before polling day.
(4) No person or corporation shall
(a) charge a registered party, constituency association or candidate, or any person acting on their knowledge and consent, a rate for broadcasting time on any broadcasting undertaking in the period beginning on the twenty-eighth day before the day immediately before polling day at an election and ending on the second day before polling day, that exceeds the lowest rate charged by the broadcaster for an equal amount of equivalent time on the same facilities made available to any other person in that period; or
(b) charge a registered party, constituency association or candidate, or any person acting with its or the candidates knowledge and consent, a rate for an advertisement in a periodical publication published or disbursed and made public in the period referred to in clause (a) that exceeds the lowest rate charged by the publisher for an equal amount of equivalent advertising space in the same issue of the periodical or in any other issue thereof published or disbursed and made public in that period.
(5) The total expenses incurred for advertising by a political party, constituency association or candidate registered under this Act, including advertising done by any person, corporation or trade union with the knowledge and consent of the political party, constituency association or candidate, by use of time on the facilities of any broadcasting undertaking or by publishing in any newspaper, magazine or other periodical publication or by display through the use of any outdoor advertising facility shall not, during the period referred to in subsection 38 (1) exceed,
(a) in the case of a registered party in relation to a general election, the aggregate amount determined by multiplying 50 cents by the number of names appearing on all of the revised lists of voters at the election for the electoral districts in which there is an official candidate of the party;
(b) in the case of a registered party in relation to a by-election in an electoral district, the amount determined by multiplying 50 cents by the number of names appearing on the revised list of voters for the electoral district; and
(c) in the case of
(i) a registered constituency association of a registered party and the official candidate of such party in an electoral district, or
(ii) an independent candidate in an electoral district, the amount determined by multiplying 40 cents by the number of names appearing on the revised list of voters for the electoral district.
(d) In the case of candidates in the electoral districts of Bulkley Valley-Stikine, Cariboo North, Cariboo South, Columbia River-Revelstoke, Kamloops-North Thompson, Nelson-Creston, North Coast, North Island, Okanagan-Boundary, Peace River North, Peace River South, Prince George-Mount Robson, Prince George North, Prince George Omineca, Skeena, Shuswap, and Yale-Lillooet, as set out in the Electoral Districts Act, the amount determined under subsection (1) shall be increased by 7 cents per name appearing on the revised list of voters for the respective electoral district.
30 (1) For the purposes of this Act, "election expenses" means
(a) money spent or liabilities incurred; and
(b) the value of donations in kind accepted; prior to or during an election period in respect of goods used or services provided during the election period for the purpose of supporting or opposing a candidate or registered political party in the election.
(2) Without restricting the generality of the definition in subsection (1), for purposes of this Act, "election expenses" includes money spent or liabilities incurred, and the value of donations in kind accepted, prior to or during an election period in respect of:
(a) advertising;
(b) the services of any person acting as official agent, organizer, manager, office worker or any other campaign worker;
(c) the services of any person to run as a candidate, except by way of paid leave or absence under a collective agreement or other employment agreement
(d) transportation, accommodation, and food and refreshment for candidates, campaign workers and leaders of registered political parties;
(e) rental or purchase of office space, including office equipment and supplies and costs of utilities such as telephones, hydro service and heating;
(f) hall rental and other meeting space;
(g) posters, leaflets, pamphlets, letters, cards, and other promotional material,
(h) signs and banners;
(i) lumber and other structural supports for signs and banners; and
(j) mailing or other distribution of election materials;
used or provided during an election period for the purpose of supporting or opposing a candidate or constituency association, or registered political party in the election.
(3) For the purposes of this Act, "election expenses" does not include money spent or liabilities incurred, and the value of donations in kind accepted, in respect of
(a) a leadership convention or other conference or convention of a registered political party;
(b) meetings to nominate candidates for an election;
(c) the reasonable expenses in the operation of any permanent office of a registered political party, including salaries and wages paid to permanent staff members working in the office during the election period;
(d) auditor's fees
(e) any recount for an election in an electoral district; and
(f) a commentary, letter to the editor or similar expression of opinion of a kind normally published without charge in a newspaper, magazine or other periodical publication or normally broadcast without charge on radio or television.
(4) The total election expenses incurred by or on behalf of a registered political party, including election expenses incurred by any person of organization acting on behalf of the registered political party with the knowledge and consent of the registered political party, shall not exceed
(a) in the case of a registered political party in relation to a general election, the amount determined by multiplying $1.50 by the number of names on the revised lists of voters for all the electoral districts in which the registered party endorses candidates; and
(b) in the case of a registered political party in relation to a by-election in an electoral district, the amount determined by multiplying $1.50 by the number of names on the revised lists of voters for the electoral district
(5) The total election expenses incurred by or on behalf of
(i) a registered constituency association of a registered party and the official candidate of such party in an electoral district, or
(ii) an independent candidate in an electoral district, including election expenses incurred by any person of the constituency association acting on behalf of the registered constituency association or official candidate with the knowledge and consent of the registered constituency association, the official candidate of a registered party or an independent candidate in an electoral district shall be the aggregate of $2.50 for each of the first 20,000 voters in the candidate's electoral district, and $1.00 for each voter in excess of 20,000 in the candidate's electoral district.
(6) In relation to candidates in the electoral districts of Bulkley Valley-Stikine, Cariboo North, Cariboo South, Columbia River-Revelstoke, Kamloops-North Thompson, Nelson-Creston, North Coast, North Island, Peace River North, Peace River South, Prince George-Mount Robson, Prince George North, Prince George-Omineca, Skeena, Shuswap, West Vancouver-Garibaldi and Yale-Lillooet, as set out in the Electoral Districts Act, the amount determined under subsection (1) shall be increased by $2,000.
(7) Where the chief financial officer of a political party registered under this Act, in the financial statements required under Section 33, files an audited statement which exceeds the maximum allowable election expense as determined under this Act, is guilty of an offence and on conviction is liable to a fine of not more than $50,000.
(8) Where the chief financial officer of a candidate registered under this Act, in the financial statements required under Section 33 of this Act, exceeds the maximum allowable election expense for the contested electoral district, the candidate, in addition to any other penalty, is ineligible to stand as a candidate at any election up to and including the next general election.
(9) Where the chief financial officer of an registered candidate who is elected as a member of the Assembly, in the statements required under Section 33, exceeds the maximum allowable election expense for the contested electoral district, the Commission shall notify the Speaker who shall address the warrant under the Speaker's hand and seal to the Chief Election Officer for the election of a member in the place of the member whose seat is vacated and the writ shall issue accordingly.
31 A political party shall, prior to filing an application for registration under this Act, establish a non-profit corporation as a foundation for the purposes of receiving and managing the assets, except the premises, equipment, supplies and other such property required for the administration of the affairs of the party, held by the political party immediately prior to filing such application and,
(a) all the assets of the foundation shall consist of deposits with a bank to which the Bank Act (Canada) applies or to a trust company registered under the Financial Institutions Act or shall be invested in investments authorized for trust monies by the Trustee Act;
(b) no funds or other property shall be received by or transferred to the foundation after the filing of a application for registration of that political party other than interest on the amounts on deposit or the income from investments referred to in clause (a); and
(c) the foundation shall file with the Commission, on or before the 31st day in May each year, a report of the expenditures of the foundation during the previous year.
(2) Funds transferred by the foundation to a political party, constituency association or candidate are not contributions for the purposes of this Act, but shall be recorded as to amount and source by the recipient of the funds.
32 (1) Every candidate, at the time of appointment of a chief financial officer, and every registered party and registered constituency association, within thirty days after becoming registered under this Act, shall appoint an auditor or auditors licensed under the Accountants (Chartered) Act or a firm whose partners are licensed under that Act.
(2) Where an auditor appointed under subsection (1) ceases to act as auditor for any reason, including resignation, ceases to be qualified as provided in subsection (1) or becomes ineligible as provided in subsection (3), the candidate, party or constituency association, as the case may be, shall forthwith appoint another auditor pursuant to Subsection (1).
(3) No returning officer, deputy returning officer or election clerk and no candidate, official agent or chief financial officer of a registered party or constituency association shall act as the auditor for a candidate or registered party or constituency association, but nothing in this subsection makes ineligible the partners or firm with which such a person is associated from acting as an auditor for a candidate or registered party or constituency association.
(4) The auditor appointed under subsection (1) or (2) shall make a report to the chief financial officer of a candidate, political party or constituency association that appointed the auditor in respect of the financial statements, as required by section 33, and shall make such examination as will enable the auditor to state in the report whether in the auditors opinion the financial statements presents fairly the information contained in the accounting records on which the financial statement is based.
(5) An auditor, in the report under subsection (4), shall make such statements as is considered necessary in any case where,
(a) the auditor has not received from the chief financial officer all the information and explanation deemed required; or
(b) proper accounting records have not been kept by the chief financial officer so far as appears from the auditor's examination.
(6) An auditor appointed under subsection (1) or (2) shall have access at all reasonable times to all records, documents, books, accounts and vouchers of the candidate, political party or constituency association that appointed the auditor and is entitled to require from the chief financial officer such information and explanation as in the auditors opinion may be necessary to enable the auditor to make a report as required by subsection (4).
(7) The Commission shall subsidize the cost of auditor's services for constituency associations by paying
(a) to the auditor of each constituency association in respect of an audit under section 33, the lesser of two hundred fifty dollars ($250.00) and the amount of the auditor's account to the association; and
(b) to the auditor of a candidate in respect of an audit for the candidate under section 33, the lesser of five hundred dollars ($500.00) and the amount of the auditor's account to the candidate.
33 (1) The chief financial officer of every political party and constituency association registered under this Act, shall, on or before the 31st day of May in the year 1994, and in each year thereafter, file with the Commission financial statements of assets and liabilities and of receipts and expenses for the previous year of the political party or constituency association for which the chief financial officer acts, excluding campaign receipts and expenses relating to an election during a campaign period, together with the auditor's report thereon as required by Section 32 (4).
(2) Where a political party or constituency association becomes registered under this Act within the last four months of any year, the financial statement filed with its application shall be deemed compliance with subsection (1) in relation to that year.
(3) The chief financial officer of every political party, constituency association and candidate registered under this Act shall, within six months after polling day, file with the Commission a financial statement of receipts and expenses of the political party, constituency association or candidate for which the chief financial officer acts relating to the election during the campaign period, together with the auditor's report thereon as required by Section 32 (4).
(4) In relation to a by-election, subsection (1) applies only to registered parties and constituency associations that received contributions or made expenditures in relation to such by-election and to registered candidates at such by-election.
(5) In this section, "candidate" means a person who is duly nominated as a candidate at an election in accordance with the Election Act.
34 (1) Where the chief financial officer of a registered candidate who is not declared elected fails to file a financial statement as required by section 33, together with the auditor's report thereon as required by Section 32 (4), the candidate, in addition to any other penalty, is ineligible to stand as a candidate at any election up to and including the next general election unless prior thereto the candidate or chief financial officer has filed such statement and the auditor's report thereon with the Commission.
(2) Where the chief financial officer of a registered candidate who is elected as a member of the Assembly fails to file a financial statement as required by section 33, together with the auditor's report thereon as required by section 32 (4), the Commission shall notify the Speaker who shall inform the Assembly and if the Assembly finds no mitigating circumstance for non- compliance, the member may not resume the seat in the Assembly until either the member or chief financial officer has filed such statement and the auditor's report thereon with the Commission and the Commission has so notified the Speaker, and, in addition, the member is liable to any other penalty that may be imposed under any Act.
(3) Where a member or chief financial officer fails to file a financial statement and the auditor's report thereon with the Commission within sixty days after the Speaker has informed the Assembly under subsection (2), the Speaker shall so inform the Assembly and the seat of the member shall thereby be vacated and the Speaker shall address the warrant under the Speaker's hand and seal to the Chief Election Officer for the election of a member in the place of the member whose seat is vacated and the writ shall issue accordingly.
35 All applications, returns, statements, balance sheets and other documents required to be filed with the Commission shall be filed in the form prescribed therefor by the Commission.
36 (1) The chief financial officer of a political party, constituency association or candidate registered under this Act who contravenes section 32 is guilty of an offence and on conviction is liable to a fine of not more than $2,000.
(2) Where any contravention of this Act that is an offence by virtue of subsection (1) is committed by a chief financial officer of a political party, constituency association or candidate registered under this Act, the political party or constituency association or candidate for which the chief financial officer acts is guilty of an offence and on conviction is liable,
(a) in the case of a registered party, to a fine of not more than $10,000; and
(b) in the case of a registered constituency association or registered candidate, to a fine of not more than $2,000.
(3) Every corporation or trade union that contravenes the provisions of this Act is guilty of an offence and on conviction is liable to a fine of not more than $25,000.
(4) Every person, political party or constituency association that contravenes any of the provisions of this Act, for which contravention no penalty is otherwise provided, is guilty of an offence and on conviction is liable to a fine of not more than $2,000.
(5) No person shall obstruct a person making an investigation or examination under this Act or withhold from the investigator or examiner or conceal or destroy any books, papers, documents or things relevant to the subject- matter of the investigation or examination.
(6) No person shall knowingly make a false statement in any application, return financial statement of other document filed with the Commission under this Act.
(7) No person shall knowingly give false information to a chief financial officer or other person authorized to accept contributions.
(8) A prosecution for an offence under this Act may be instituted against a political party, constituency association or trade union in the name of the political party, constituency association or trade union and for the purposes of any such prosecution, a political party, constituency association or trade union shall be deemed to be a person.
(9) Any act or thing done or omitted by an officer, official or agent of a political party, constituency association or trade union within the scope of the individual's authority to act on behalf of the political party, constituency association or trade union shall be deemed to be an act or thing done or omitted by the political party, constituency association or trade union.
(10) No prosecution shall be instituted under this Act without consent of the Commission.
37 This Act comes into force by regulation of the Lieutenant Governor in Council.
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