1994 Legislative Session: 3rd Session, 35th Parliament
FIRST READING


The following electronic version is for informational purposes only.
The printed version remains the official version.


HONOURABLE COLIN GABELMANN
ATTORNEY GENERAL

BILL 36 -- 1994

RECALL AND INITIATIVE ACT

Contents

  Section  
 
Part 1 -- Introductory Provisions
  1  Definitions
 
Part 2 -- Legislative Initiatives
   
Division 1 -- Initiative Petition
  2  Subject matter of legislative proposals
  3  Application for initiative petition
  4  Issue of initiative petition
  5  Who may sign an initiative petition
  6  Who may canvass for signatures
  7  Requirements for initiative petition
  8  Submission of completed initiative petition to chief electoral officer
   
Division 2 -- Select Standing Committee
  9  Select standing committee
  10  Referral of initiative question to select standing committee
  11  Duty of select standing committee
  12  Effect of report by select standing committee
   
Division 3 -- Initiative Vote
  13  Initiative vote
  14  Initiative voting day every 3 years
  15  Determination of successful initiative vote
  16  Effect of successful initiative vote
   
Division 4 -- Effect of General Election
  17  General election before submission of completed petition
  18  General election after petition sent to select standing committee
 
Part 3 -- Recall
   
Division 1 -- Recall Petition
  19  Application for recall petition
  20  Issue of recall petition
  21  Who may sign a recall petition
  22  Who may canvass for signatures
  23  Requirements for recall petition
  24  Submission of completed petition to chief electoral officer
  25  Result of successful recall petition
   
Division 2 -- By-election
  26  Election
  27  Prohibition on multiple elections with respect to the same electoral district
  28  Application of Election Act
 
Part 4 -- Initiative and Recall Financing and Advertising
  29  Regulations for initiative and recall financing
  30  Regulations for initiative and recall advertising
 
Part 5 -- Offences
  31  Prosecution of organizations and their directors and agents
  32  Defence of due diligence
  33  Signature buying offences
  34  Intimidation offences
  35  Penalty
  36  Offences in relation to false or misleading information
  37  Limitation
  38  Application of Offence Act
 
Part 6 -- Miscellaneous
  39  Filing documents with chief electoral officer
  40  General regulations
  41  Additional powers of the chief electoral officer
  42  Appropriation
  43-45  Consequential Amendments
  46  Commencement

HER MAJESTY, by and with the advice and consent of the Legislative Assembly of the Province of British Columbia, enacts as follows:

 
Part 1 -- Introductory Provisions

Definitions

1 (1) In this Act:

"chief electoral officer" means the chief electoral officer appointed under the Election Act;

"electoral district" means an electoral district referred to in section 19 of the Constitution Act;

"general election" means, collectively, elections called at the same time for all electoral districts to elect all members of the Legislative Assembly;

"inducement" includes money, gift, valuable consideration, refreshment, entertainment, office, placement, employment and any other benefit of any kind;

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

"member" means a member of the Legislative Assembly;

"organization" means an incorporated or unincorporated organization;

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

"proponent" means

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

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

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

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

"voter" means a person who is registered as an elector in the list of voters, maintained by the chief electoral officer under the Election Act, for an electoral district.

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

 
Part 2 -- Legislative Initiatives

 
Division 1 -- Initiative Petition

Subject matter of legislative proposals

2 A legislative proposal may be made with respect to any matter within the jurisdiction of the Legislature.

Application for initiative petition

3 (1) A voter may apply to the chief electoral officer for the issuance of a petition to have a legislative proposal introduced into the Legislative Assembly in accordance with this Act.

(2) The application for the issuance of an initiative petition must include the following information:

(a) the name and residential address of the proponent;

(b) a copy of a draft Bill for introduction into the Legislative Assembly;

(c) any other information that may be prescribed.

(3) The application for the issuance of an initiative petition must be accompanied by a processing fee of $50.

(4) The draft Bill must comply with section 2 and be drafted in a clear and unambiguous manner.

(5) The initiative petition must not relate to a legislative proposal that is the same or substantially similar to a legislative proposal that is the subject of any other initiative petition that has been issued within the 132 days preceding the application or that has been sent to the select standing committee under section 10 and has not yet been dealt with under section 11.

Issue of initiative petition

4 (1) The chief electoral officer must issue the initiative petition in the form set out in the regulations if he or she is satisfied that the requirements of section 3 have been met.

(2) An initiative petition must be signed within 90 days from the date on which it is issued by the chief electoral officer.

Who may sign an initiative petition

5 (1) A voter who is registered to vote on the date the petition is issued may sign an initiative petition.

(2) A voter who signs an initiative petition must also indicate his or her residential address on the petition.

Who may canvass for signatures

6 (1) A voter may canvass for signatures on an initiative petition if, before the date on which he or she begins canvassing,

(a) the voter has been resident in British Columbia for at least 6 months, and

(b) the voter has registered his or her name and residential address with the chief electoral officer.

(2) A person must not, directly or indirectly, accept any inducement for canvassing for signatures on an initiative petition.

(3) A person must not, directly or indirectly, pay, give, lend or procure any inducement for a person who canvasses for signatures on an initiative petition.

Requirements for initiative petition

7 (1) An initiative petition must comply with the following requirements:

(a) the petition must be submitted to the chief electoral officer within 90 days from the date on which the petition was issued under section 4;

(b) the petition must be signed by at least 10% of the total number of voters for each electoral district in British Columbia;

(c) each signature on the petition must be accompanied by the residential address of the person who signed and must be witnessed by the person who canvassed the signature.

(2) For the purpose of subsection (1) (b) the total number of voters must be calculated as of the date on which the initiative petition was first issued.

Submission of completed initiative petition to chief electoral officer

8 Within 42 days from the day on which the petition is submitted to the chief electoral officer, he or she must determine whether the petition meets the requirements of section 7.

 
Division 2 -- Select Standing Committee

Select standing committee

9 (1) At the commencement of the first session of each Parliament, the committee of selection appointed under the Standing Orders of the Legislative Assembly must appoint a select standing committee on Legislative Initiatives for the purpose of this Act.

(2) The select standing committee remains in existence until the dissolution of the Parliament for which the members of the committee are appointed.

(3) The select standing committee may meet and conduct its business regardless of whether or not the Legislative Assembly is in session.

Referral of initiative question to select standing committee

10 If the chief electoral officer determines in accordance with the regulations that the initiative petition meets the requirements of section 7 and the proponent has complied with the regulations under Part 4, the chief electoral officer must send a copy of the petition and draft Bill to the select standing committee.

Duty of select standing committee

11 (1) The select standing committee must, within 30 days of receiving the initiative petition and draft Bill under section 10, meet to consider the initiative petition and draft Bill.

(2) The select standing committee must, within 90 days of the date of its first meeting,

(a) table a report recommending that the draft Bill be introduced at the next session of the Legislative Assembly, or

(b) refer the initiative petition and draft Bill to the chief electoral officer.

Effect of report by select standing committee

12 If the select standing committee tables a report recommending that the draft Bill be introduced at the next session of the Legislative Assembly, the government must

(a) introduce the Bill at the next or current session of the Legislative Assembly, or

(b) if the Bill is for the appropriation of any part of the consolidated revenue fund or of any tax or impost,

(i) request the Lieutenant Governor to recommend the Bill by a message in accordance with sections 51 and 52 of the Constitution Act to the Legislative Assembly, and

(ii) introduce the Bill at the next or current session of the Legislative Assembly.

 
Division 3 -- Initiative Vote

Initiative vote

13 (1) If the select standing committee refers the initiative petition and draft Bill to the chief electoral officer, the chief electoral officer must hold an initiative vote under this Act.

(2) The Lieutenant Governor in Council may make regulations that the Lieutenant Governor in Council considers necessary or advisable respecting the manner by which an initiative vote under this Act is to be conducted.

(3) Without limiting subsection (2), the regulations may

(a) specify what provisions of the Election Act apply, and

(b) adapt any of the provisions of the Election Act with changes that the regulations may provide.

Initiative voting day every 3 years

14 If required, initiative votes must be held on September 28, 1996 and on the last Saturday of September every third year after that date.

Determination of successful initiative vote

15 (1) The chief electoral officer must declare an initiative vote to be successful if

(a) more than 50% of the total number of voters in British Columbia vote in favour of the initiative, and

(b) more than 50% of the total number of voters in each of at least 2/3 of the electoral districts in British Columbia vote in favour of the initiative.

(2) For the purpose of subsection (1) the total number of voters must be calculated as of the date of the vote.

Effect of successful initiative vote

16 If the chief electoral officer declares an initiative vote to be successful, the government must do one of the following:

(a) introduce the Bill at the next or current session of the Legislative Assembly;

(b) if the Bill is for the appropriation of any part of the consolidated revenue fund or of any tax or impost,

(i) request the Lieutenant Governor to recommend the Bill by a message in accordance with sections 51 and 52 of the Constitution Act to the Legislative Assembly, and

(ii) introduce the Bill at the next or current session of the Legislative Assembly.

 
Division 4 -- Effect of General Election

General election before submission of completed petition

17 (1) In this section "initiative petition period" means the period during which an initiative petition must be signed in accordance with section 4 (2).

(2) If a general election is called during an initiative petition period, the initiative petition is suspended and may not be signed unless it is re-issued in accordance with this section.

(3) In order to have the initiative petition re-issued, the proponent must, within 72 hours of the day on which the general election is called, submit all of the copies of the petition that were issued under section 4 to the chief electoral officer.

(4) The chief electoral officer must keep the copies of the petition that were submitted under subsection (3) and re-issue the copies of the petition as soon as practicable after reporting the results of the general election to the Clerk of the Legislative Assembly.

(5) Despite any other provision of this Act, when an initiative petition is re-issued under this section, the petition may be signed during a period consisting of 90 days in total, including

(a) the number of days in the initiative petition period before the general election was called, and

(b) the number of days after the petition was re-issued equal to the number of days that remained in the initiative petition period when the general election was called.

General election after petition sent to select standing committee

18 (1) If a general election is called after the initiative petition and draft Bill have been sent to the select standing committee but before it has reached its decision, the new select standing committee appointed after the election must meet within 30 days from the commencement of the first session of the Legislative Assembly following the election to consider the initiative petition and draft Bill.

(2) If a general election is called after the select standing committee has tabled a report under section 11 (2) (a) but before the Bill has been introduced into the Legislative Assembly, the government must

(a) introduce the Bill at the first session of the Legislative Assembly following the election, or

(b) if the Bill is for the appropriation of any part of the consolidated revenue fund or of any tax or impost,

(i) request the Lieutenant Governor to recommend the Bill by a message in accordance with sections 51 and 52 of the Constitution Act to the Legislative Assembly, and

(ii) introduce the Bill at the first session of the Legislative Assembly following the election.

 
Part 3 -- Recall

 
Division 1 -- Recall Petition

Application for recall petition

19 (1) A voter for an electoral district may apply under subsection (2) for the issuance of a petition for the recall of the member of the Legislative Assembly for that electoral district.

(2) The application for the issuance of a recall petition must be made to the chief electoral officer and contain the following information:

(a) the name of the member;

(b) the name and residential address of the proponent;

(c) a statement, not exceeding 200 words, setting out why, in the opinion of the proponent, the recall of the member is warranted;

(d) any other information that may be prescribed.

(3) The application for the issuance of a recall petition must be accompanied by a processing fee of $50.

(4) No application for the issuance of a recall petition may be made during the 18 months following the last election of the member.

Issue of recall petition

20 (1) The chief electoral officer must issue a recall petition in the form set out in the regulations if he or she is satisfied that the requirements of section 19 have been met.

(2) A recall petition must be signed within 60 days from the date on which it is issued by the chief electoral officer.

(3) The chief electoral officer must notify the member named in the recall petition and the Speaker immediately after the petition is issued.

Who may sign a recall petition

21 A voter who, on the date of the last election of the member, was registered as a voter for the electoral district in which the member was elected may sign the recall petition.

Who may canvass for signatures

22 (1) A voter may canvass for signatures on a recall petition if, before the date on which he or she begins canvassing,

(a) the voter has been resident in British Columbia for at least 6 months, and

(b) the voter has registered his or her name and residential address with the chief electoral officer.

(2) A person must not, directly or indirectly, accept any inducement for canvassing for signatures on a recall petition.

(3) A person must not, directly or indirectly, pay, give, lend or procure any inducement for a person who canvasses for signatures on a recall petition.

Requirements for recall petition

23 A recall petition must comply with the following requirements:

(a) the petition must be submitted to the chief electoral officer within 60 days from the date on which the petition was issued under section 20;

(b) the petition must be signed by more than 40% of the total number of individuals who are authorized to sign the recall petition under section 21;

(c) each signature on the petition must be witnessed by the person who canvassed the signature.

Submission of completed petition to chief electoral officer

24 When a recall petition is submitted to the chief electoral officer, he or she must determine within 42 days and in accordance with the regulations, if any, whether the petition meets the requirements of section 23.

Result of successful recall petition

25 (1) If the chief electoral officer determines that

(a) the recall petition meets the requirements of section 23, and

(b) the proponent has complied with the regulations under Part 4, the member ceases to hold office and the seat of the member becomes vacant.

(2) The chief electoral officer must report to the member and to the Speaker of the Legislative Assembly as soon as possible after making a determination under subsection (1).

 
Division 2 -- By-election

Election

26 When a member's office becomes vacant as the result of a recall petition, an election must be held to fill the vacancy within the time limit set out in section 60 or 61 of the Constitution Act.

Prohibition on multiple elections with respect to the same electoral district

27 Only one election for any electoral district may be held under this Act during the period between general elections.

Application of Election Act

28 The Election Act applies to an election under this Act.

 
Part 4 -- Initiative and Recall Financing and Advertising

Regulations for initiative and recall financing

29 (1) The Lieutenant Governor in Council may make regulations respecting the financing of petitions and initiative votes under this Act.

(2) Without limiting subsection (1), the Lieutenant Governor in Council may make regulations as follows:

(a) establishing what is to be considered a contribution or expense in relation to a petition or initiative vote under this Act;

(b) establishing restrictions on

(i) who may accept contributions,

(ii) how contributions must be made and accepted, and

(iii) information that must be recorded regarding contributions;

(c) establishing restrictions on

(i) who may incur expenses,

(ii) how an expense must be authorized by the individual or organization incurring it,

(iii) information that must be recorded regarding expenses, and

(iv) the amount of expenses that may be incurred by

(A) any one individual or organization, or

(B) all individuals and organizations that support a petition or initiative vote and all individuals and organizations that oppose a petition or initiative vote;

(d) establishing a registration scheme to be administered by the chief electoral officer;

(e) requiring the reporting of information respecting contributions and expenses;

(f) requiring the public disclosure of information reported under paragraph (e), including the disclosure of the names of contributors;

(g) establishing penalties for exceeding a limit established under paragraph (c) or for failing to make a report under paragraph (e).

(3) Without limiting subsection (2) (g), the regulations may provide that a petition or an initiative vote fails if the proponent or the supporters of a petition or initiative vote exceed a limit established under subsection (2) (c), fail to make a report that is required under subsection (2) (e) or make a false or misleading report that is required under that subsection.

(4) Regulations under this section may be different for recall petitions, initiative petitions and initiative votes.

(5) For the purposes of this section, using property and services in such a manner that the use is an expense as defined in a regulation under subsection (2) (a) is incurring an expense.

Regulations for initiative and recall advertising

30 (1) The Lieutenant Governor in Council may make regulations respecting advertising and opinion surveys in relation to petitions and initiative votes under this Act.

(2) Without limiting subsection (1), the Lieutenant Governor in Council may make regulations as follows:

(a) establishing what is to be considered advertising and opinion surveys in relation to petitions and initiative votes under this Act;

(b) establishing restrictions on

(i) when advertising or opinion surveys may take place or be conducted, and

(ii) who may sponsor advertising and opinion surveys;

(c) restricting or prohibiting the charging of amounts for advertising in relation to petitions or initiative votes under this Act that exceed the rate usually charged for equivalent advertising;

(d) respecting the publication of the results of opinion surveys;

(e) establishing penalties for contravening the regulations.

(3) Regulations under this section may be different for recall petitions, initiative petitions and initiative votes.

 
Part 5 -- Offences

Prosecution of organizations and their directors and agents

31 (1) An act or thing done or omitted by an officer, director, employee or agent of an organization within the scope of the individual's authority to act on behalf of the organization is deemed to be an act or thing done or omitted by the organization.

(2) If an organization commits an offence under this Act, an officer, director, employee or agent of the organization who authorizes, permits or acquiesces in the offence commits the same offence, whether or not the organization is convicted of the offence.

(3) A prosecution for an offence under this Act may be brought against an unincorporated organization in the name of the organization and, for the purposes of the prosecution, the unincorporated organization is deemed to be a person.

Defence of due diligence

32 An individual or organization is not guilty of an offence under this Act if the individual or organization exercised due diligence to prevent the commission of the offence.

Signature buying offences

33 (1) A person must not pay, give, lend or procure an inducement for either of the following purposes:

(a) to induce a person to sign a petition or refrain from signing a petition;

(b) to reward a person for having signed a petition or refrained from signing a petition.

(2) A person must not accept an inducement

(a) to sign a petition or refrain from signing a petition, or

(b) as a reward for having signed a petition or refrained from signing a petition.

(3) A person must not advance, pay or otherwise provide an inducement, or cause an inducement to be provided, knowing or with the intent that it is to be used for any of the acts prohibited by this section.

(4) A person must not offer, agree or promise to do anything otherwise prohibited by this section.

(5) A person prohibited from doing something by this section must not do the prohibited act directly, indirectly or by another person on behalf of the first person.

Intimidation offences

34 (1) In this section "intimidate" means to do or threaten to do any of the following:

(a) use force, violence or restraint against a person;

(b) inflict injury, harm, damage or loss on a person or property;

(c) otherwise intimidate a person.

(2) A person must not intimidate another person for either of the following purposes:

(a) to persuade or compel a person to sign a petition or refrain from signing a petition;

(b) to punish a person for having signed a petition or refrained from signing a petition.

(3) A person must not, by abduction, duress or fraudulent means, do either of the following:

(a) impede, prevent or otherwise interfere with a person's right to sign a petition;

(b) compel, persuade or otherwise cause a person to sign a petition or refrain from signing a petition.

(4) A person prohibited from doing something by this section must not do the prohibited act directly, indirectly or by another person on behalf of the first person.

Penalty

35 (1) An individual or organization that contravenes section 6 (2) or (3) or 22 (2) or (3) or the regulations under section 29 or 30 commits an offence.

(2) Unless otherwise specifically provided, an individual or organization who commits an offence under subsection (1) is liable to a fine of not more than $5 000 or imprisonment for a term not longer than one year, or both.

Offences in relation to false or misleading information

36 (1) An individual or organization who does either of the following commits an offence:

(a) provides false or misleading information when required or authorized by this Act or the regulations to provide information;

(b) makes a false or misleading statement or declaration when required by this Act or the regulations to make a statement or declaration.

(2) An individual or organization is not guilty of an offence under this section if, at the time the information was given or the statement or declaration was made, the individual or organization did not know that it was false or misleading and, with the exercise of reasonable diligence, could not have known that it was false or misleading.

(3) An individual or organization who commits an offence under this section is liable, in addition to any penalties referred to in the regulations under Part 4, to a fine of not more than $10 000 or imprisonment for a term not longer than 2 years, or both.

Limitation

37 A prosecution under this Act must be commenced within one year of the time when the subject matter of the prosecution arose.

Application of Offence Act

38 Section 5 of the Offence Act does not apply to this Act or the regulations.

 
Part 6 -- Miscellaneous

Filing documents with chief electoral officer

39 Where this Act or the regulations require or authorize a document to filed with the chief electoral officer, this may be done by delivering the document

(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.

General regulations

40 (1) The Lieutenant Governor in Council may make regulations as authorized by section 41 of the Interpretation Act.

(2) Without limiting subsection (1), the Lieutenant Governor in Council may make regulations as follows:

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

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

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

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

(e) prescribing fees for the purpose of this Act.

Additional powers of the chief electoral officer

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

Appropriation

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

 
Consequential Amendments

 
Constitution Act

43 Section 60 of the Constitution Act, R.S.B.C. 1979, c. 62, is amended

(a) by renumbering the section as section 60 (1),

(b) in subsection (1) by adding "or under section 25 of the Recall and Initiative Act," after "under section 27," and by striking out "A new writ shall be issued within 6 months after the receipt of the warrant by the Deputy Provincial Secretary.", and

(c) by adding the following subsection:

(2) A new writ shall be issued

(a) in the case of a cessation of membership under section 27, within 6 months after the receipt of the warrant by the Deputy Provincial Secretary, or

(b) in the case of a cessation of membership under section 25 of the Recall and Initiative Act, within 90 days after the receipt of the warrant by the Deputy Provincial Secretary.

44 Section 61 is amended by adding "or, in the case of a vacancy under section 25 of the Recall and Initiative Act, within 90 days" after "6 months".

 
Referendum Act

45 The Referendum Act, S.B.C. 1990, c. 68, is amended by adding the following section:

Application

1.1 This Act does not apply to initiative votes under the Recall and Initiative Act.

Commencement

46 This Act comes into force by regulation of the Lieutenant Governor in Council.

 
Explanatory Note

This Bill is based on the Report on Recall and Initiative by the All-Party Select Standing Committee on Parliamentary Reform, Ethical Conduct, Standing Orders and Private Bills. It provides a process whereby o the constituents of a sitting Member of the Legislative Assembly may petition to remove their member from office prior to the expiry of his or her normal term of office, and o citizens are able to petition the government to conduct a referendum on a specific legislative proposal.


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