1995 Legislative Session: 4th 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 28 -- 1995

ELECTION ACT

Contents

  Section  
 
Part 1 -- Interpretation and Application
  1  Definitions
  2  Time
  3  Amendments do not apply for 6 months unless notice given
 
Part 2 -- Election and Other Officials
   
Division 1 -- Chief Electoral Officer
  4  Appointment of chief electoral officer
  5  Impartiality
  6  Term of office
  7  Remuneration and pension
  8  Resignation, removal or suspension
  9  Acting chief electoral officer
  10  General staff of the chief electoral officer
  11  Expenses of administering Act
  12  Duties and powers of the chief electoral officer
  13  Reports to the Legislative Assembly
   
Division 2 -- Election Advisory Committee
  14  Establishment of Election Advisory Committee
  15  Meetings of committee
  16  Role of committee
   
Division 3 -- Election Officials
  17  Individuals prohibited from being appointed as election officials
  18  District electoral officers
  19  Voting officers and other election officials and staff
  20  Oath of office
  21  Terms of appointment
   
Division 4 -- Voter Registration Officials
  22  District registrars of voters
  23  Temporary voter registration officials
 
Part 3 -- Calling an Election
  24  Order for a general election
  25  Order for a by-election
  26  Election called when writ of election issued
  27  General voting day
  28  Notice of election
 
Part 4 -- Voters
   
Division 1 -- Qualifications
  29  Who may vote
  30  Individuals disqualified from voting
   
Division 2 -- Registration
  31  Who may register as a voter
  32  Rules for determining where an individual is resident
  33  When an individual may register
  34  Updating registration information
  35  Application for registration
  36  General registration
  37  Closed period for general registration
  38  Registration through agencies
  39  Special voter registration opportunities
  40  Automatic updating using driver's licence information
  41  Registration in conjunction with voting
  42  General and limited enumerations
  43  Cancellation of enumeration if election called
  44  Voter registration officials conducting enumeration
   
Division 3 -- Lists of Voters
  45  Provincial List of Voters to be maintained
  46  Updating the Provincial list of voters
  47  Preparation of lists of voters for use in an election
  48  Access to lists of voters during election
  49  Objection to the registration of a voter
  50  Resolving objections
  51  Lists of voters generally
 
Part 5 -- Candidates
   
Division 1 -- Nominations
  52  Who may be nominated
  53  Who may make nominations
  54  Nomination documents
  55  Nomination deposit
  56  Nomination by filing documents with the district electoral officer
  57  Standing nominations filed with the chief electoral officer
  58  Changes to nomination documents after filing
  59  Nomination documents available for public inspection
  60  Endorsement of candidate by registered political party
  61  Declaration of candidates and election
  62  Notice of election by voting
   
Division 2 -- Candidates
  63  When an individual is a candidate
  64  Withdrawal of candidate
  65  Death of candidate
  66  Challenge of candidate
  67  Candidate entitled to leave from employment
  68  Delivery of documents to candidates
   
Division 3 -- Candidate Representatives
  69  Appointment of official agent
  70  Appointment of scrutineers and other candidate representatives
  71  Notice of candidate agents
  72  Presence of candidate representatives at election proceedings
 
Part 6 -- Voting
   
Division 1 -- Voting Opportunities
  73  Voting opportunities
  74  Time off from work for general voting
  75  General voting opportunities for an electoral district
  76  Advance voting opportunities for an electoral district
  77  Special voting opportunities
  78  Alternative absentee voting
  79  Notice of voting opportunities
   
Division 2 -- Arrangements for Voting
  80  Voting areas
  81  Voting places
  82  Voting stations
  83  Voting screens
  84  Voting books
  85  Ballot boxes
  86  Ballots
  87  Ballot papers, certification envelopes and other materials
  88  Assignment of election official responsibilities
   
Division 3 -- Voting Proceedings
  89  Each individual may vote only once in an election
  90  Voting to be by secret ballot
  91  How to mark a ballot
  92  Individuals who must be present at voting proceedings
  93  Individuals who may be present at voting proceedings
  94  Only one individual at a time may use a voting screen
  95  Sealing of ballot boxes
   
Division 4 -- Voting at a Voting Opportunity
  96  General voting
  97  Advance voting for an electoral district
  98  Voting at a special voting opportunity
  99  Absentee voting on general voting day in a different voting area
  100  Absentee voting at general voting for a different electoral district
  101  Absentee voting at an advance voting opportunity for a different electoral district
   
Division 5 -- Alternative Absentee Voting
  102  Who may vote by alternative absentee voting
  103  When an individual may vote by alternative absentee voting
  104  Voting at the office of the district electoral officer
  105  Obtaining an alternative absentee voting package
  106  Voting using an alternative absentee voting package
  107  Receipt of alternative absentee voting packages
  108  Special provision of alternative absentee voting packages for armed forces and others
   
Division 6 -- Special Circumstances
  109  Individuals needing assistance to mark their ballots
  110  Individuals unable to enter a voting place
  111  Challenge of a voter
  112  If another individual has already voted under a voter's name
  113  Replacement of spoiled ballot
  114  Time for voting extended
 
Part 7 -- Counting of the Vote
   
Division 1 -- Initial Count
  115  What is the initial count
  116  When the initial count is to take place
  117  Where the initial count is to take place
  118  Who conducts the initial count
  119  Who must and may be present at the initial count
  120  Proceedings on the initial count
  121  Ballot account for initial count
  122  Consideration of ballots
  123  Rules for accepting and rejecting ballots
  124  Objections to the acceptance of a vote or the rejection of a ballot
  125  Preliminary election results
  126  Packaging and delivery of election materials to district electoral officer
   
Division 2 -- Final Count
  127  What is the final count
  128  When and where the final count is to take place
  129  Who conducts the final count
  130  Who must and may be present at the final count and preparations
  131  Certification envelope preparations for final count
  132  Proceedings on final count
  133  Ballot account for final count
  134  Consideration of certification envelopes
  135  Consideration of ballots from certification envelopes
  136  Recount by district electoral officer of ballots considered in initial count
  137  Declaration of official election results
  138  Preparation of election materials for delivery to chief electoral officer
   
Division 3 -- Judicial Recount
  139  Application for judicial recount by Supreme Court
  140  Notice of time and place for recount
  141  Individuals who may be present at a judicial recount
  142  Judicial recount procedure
  143  Results of judicial recount
  144  Appeal of judicial recount
  145  Procedure on appeal of judicial recount
   
Division 4 -- Final Proceedings
  146  Return of the writ of election
  147  Report of results of election by chief electoral officer
  148  By-election if tie vote
  149  Retention of election materials
 
Part 8 -- Invalid Elections
  150  Application to court
  151  Power of the court on an application
  152  Costs of an application
  153  Report to the Legislative Assembly
 
Part 9 -- Registration of Political Parties and Constituency Associations
   
Division 1 -- Registration
  154  Benefits of registration
  155  Registration of a political party
  156  Prohibitions regarding political party names and other identifications
  157  Registration of a constituency association
  158  Processing of applications for registration
  159  Changes in registration information
  160  Changes in political party name or form of identification
  161  Authority of principal officers
  162  Registers and other information to be open to the public
   
Division 2 -- Deregistration and Suspension
  163  How an organization may be deregistered
  164  Voluntary deregistration
  165  Deregistration of constituency association on request of its political party or MLA
  166  Automatic deregistration of constituency associations
  167  Automatic suspension of constituency associations
  168  Automatic deregistration of political party for failure to run candidates
  169  Notice of deregistration or suspension
   
Division 3 -- Effect of Deregistration
  170  Financial reports required on deregistration
  171  Assets of deregistered organization to be held in trust
  172  Disposition of assets of a political party
  173  Disposition of assets of a constituency association
  174  Reregistration
 
Part 10 -- Election Financing
   
Division 1 -- Financial Officers
  175  Requirement for financial agent
  176  Appointment of financial agent
  177  Obligations of financial agent
  178  Deputy financial agent for issuing tax receipts
  179  Appointment of auditor
   
Division 2 -- Definition and Valuation of Political Contributions and Expenses
  180  Political contributions generally
  181  Political contributions through loans and debts
  182  Political contributions through fundraising functions
  183  Election expenses
  184  Contestant expenses
  185  General valuation rules
   
Division 3 -- Making and Accepting Political Contributions
  186  Restrictions on making political contributions
  187  Restrictions on accepting political contributions
  188  Limits on anonymous contributions
  189  Prohibited contributions must be returned
  190  Financial agent must record each political contribution
  191  Income tax receipts for political contributions
   
Division 4 -- Incurring Election and Contestant Expenses
  192  Restrictions on who may incur election and contestant expenses
  193  Restrictions on who may incur expenses equivalent to election expenses
  194  Time limit for demanding payment of election expenses
   
Division 5 -- Election Expenses Limits
  195  Election expenses in excess of limits prohibited
  196  Calculation of the number of voters for the purpose of determining limits
  197  Election expenses limit for registered political parties
  198  Election expenses limit for candidates
  199  Constituency association expenses on behalf of candidate
  200  Political party expenses on behalf of candidate
  201  New limits if by-election cancelled by general election
  202  Expenses not to be included in calculating amounts subject to limit
  203  Limits and adjustment to reflect changes in consumer price index
  204  Transfer of candidate's surplus election funds
   
Division 6 -- Reporting
  205  Reporting of information regarding political contributions
  206  Annual financial reports by registered political parties and constituency associations
  207  Personal expenses reports by candidates and leadership contestants
  208  Election financing reports by candidates
  209  Election financing reports by registered political parties and constituency associations
  210  Leadership contestant financing reports
  211  Supplementary reports
  212  General requirements for reports
  213  Auditing of reports
  214  Publication of election financing summary
   
Division 7 -- Penalties for Failure to Comply
  215  Publication of failure to comply
  216  Candidate who incurs election expenses over limit
  217  Political party that incurs election expenses over limit
  218  Court order for relief from election expenses limits
  219  Late filing of required reports
  220  Candidate who fails to file election financing report
  221  Leadership contestant who fails to file contestant financing report
  222  Deregistration of political party or constituency association for failure to file financial reports
  223  Deregistration of political party for failure of candidates to file election financing reports
  224  Court order for relief from filing obligations
  225  False or misleading reports in relation to candidates and leadership contestants
  226  False or misleading reports in relation to political parties and constituency associations
 
Part 11 -- Election Communications
  227  Election advertising and opinion surveys
  228  Sponsorship of election advertising and opinion surveys
  229  Restrictions on election advertising
  230  Election advertising must identify sponsor
  231  Restriction on rates charged for election advertising
  232  Prohibition against certain election advertising on general voting day
  233  Restriction on election campaigning near election offices and voting places
  234  Requirements for publication of election opinion surveys
 
Part 12 -- Offences
  235  Penalties under this Part are in addition to any others
  236  Prosecution of offences
  237  Prosecution of organizations and their directors and agents
  238  Defence of due diligence
  239  Vote buying
  240  Intimidation
  241  Corrupt voting
  242  Subversion of election by an official
  243  Offences in relation to candidates
  244  Offences in relation to ballots and other election materials
  245  Offences in relation to voting and counting proceedings
  246  Offences in relation to the registration of political parties and constituency associations
  247  Offences in relation to election financing
  248  Offences in relation to election advertising and other promotion
  249  Offences in relation to election and other officials
  250  Offences in relation to false or misleading information
  251  Offence in relation to use of information
 
Part 13 -- General
  252  Declarations required under this Act
  253  Exceptional assistance for signature or translation
  254  Public notice requirements
  255  Filing documents with chief electoral officer
  256  Adjournment of election proceedings
  257  Keeping peace and order at election proceedings
  258  Proof that an individual has voted
  259  Access to and use of information in records
  260  Investigations and audits by chief electoral officer
  261  Complaints regarding contraventions of this Act
  262  Enforcement of election expenses penalties
  263  Enforcement of Act by court injunction
  264  Emergencies and other extraordinary circumstances
  265  Test of new election procedures in a by-election
  266  Plebiscites on matters of public concern
  267  Regulations of the chief electoral officer
 
Part 14 -- Transitional Provisions
  268  Acting chief electoral officer and other officials
  269  Preparation for implementation of Act
  270  Preparation of Provincial list of voters
  271  Election Advisory Committee
  272  Registration of political parties and constituency associations
  273  Political contributions made after Act introduced as Bill
  274  Authority to issue tax receipts for 1995
  275  Previous Act applies to transitional elections
  276  Transition for petitions under the Recall and Initiative Act
 
Part 15 -- Consequential Amendments
  277-279  Constitution Act
  280-281  Financial Administration Act
  282-283  Freedom of Information and Protection of Privacy Act
  284  Income Tax Act
  285  Legislative Assembly Allowances and Pension Act
  286  Public Service Labour Relations Act
  287-303  Recall and Initiative Act
  304  Referendum Act
  305  Vital Statistics Act
  306  Repeal
  307  Commencement
    Schedule

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

 
Part 1 -- Interpretation and Application

Definitions

1 In this Act:

"absentee voting" means voting referred to in section 73 (d) or (e);

"advance voting" means voting under section 97 at an advance voting opportunity for the electoral district for which an individual is a voter;

"advance voting opportunity" means a voting opportunity under section 76;

"alternative absentee voting" means voting under Division 5 of Part 6;

"auditor" means an auditor appointed under section 179;

"by-election" means an election other than one conducted as part of a general election;

"calling an election" means calling an election within the meaning of section 26 (3);

"campaign period" means, in relation to an election, the period between when the election is called and the close of general voting for the election;

"candidate" means an individual who is a candidate within the meaning of section 63, and for the purposes of Parts 10 and 11 includes an individual who becomes a candidate or who was a candidate;

"candidate representative" means the financial agent of a candidate, the official agent of a candidate or another candidate representative appointed under Division 3 of Part 5;

"chief electoral officer" mean an individual appointed under section 4 as Chief Electoral Officer or under section 9 as acting chief electoral officer;

"close of general voting" means the end of voting hours set by or under this Act for a general voting opportunity;

"conduct" includes, in relation to election advertising, publish;

"constituency association" means an organization referred to in section 157 (1);

"contestant expense" means a contestant expense within the meaning of section 184;

"district electoral officer" means a district electoral officer appointed under section 18;

"district registrar of voters" means a district registrar of voters appointed under section 22;

"election" means an election of an individual to serve as a member of the Legislative Assembly;

"election expense" means an election expense within the meaning of Division 2 of Part 10;

"election expenses limit" means the applicable limit established by Division 5 of Part 10;

"election official" means

(a) the chief electoral officer and the deputy chief electoral officer,

(b) an individual appointed as a district electoral officer or deputy district electoral officer under section 18,

(c) an individual appointed under section 19 (1) or section 88 (3) or (4), or

(d) an individual appointed as an election official for the purposes of section 108;

"election official responsible" means, in relation to election proceedings, the election official assigned responsibility for those proceedings by or under this Act;

"election period" means, in relation to an election, the period between when the writ for the election is issued and the date set for the return of that writ;

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

"final count" means the count of votes conducted under Division 2 of Part 7;

"financial agent" means a financial agent within the meaning of section 175;

"fundraising function" includes a social function held for the purpose of raising funds for the organization or individual by whom or on whose behalf the function is held;

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

"general voting" means voting under section 96 at the general voting opportunity for voters for a voting area;

"general voting day" means the day established by section 27;

"general voting opportunity" means a voting opportunity under section 75;

"incur" means,

(a) in relation to an election expense or contestant expense, using property or services in such a manner that the value of the property or services is an election expense or contestant expense, and

(b) in relation to an expense referred to in section 193, using property or services in such a manner that the value of the property or services would be an election expense if the property or services had been used by or on behalf of a candidate, registered constituency association or registered political party;

"independent" means, in relation to an individual, an individual who is not a representative of a political party, either as a member of the Legislative Assembly or as a candidate;

"inducement" includes money, gift, valuable consideration, refreshment, entertainment, office, placement, employment and any other benefit of any kind and, for certainty, does not include merely transporting an individual to or from a voting opportunity;

"initial count" means the count of votes conducted under Division 1 of Part 7;

"intimidate" means

(a) to use or threaten to use force, violence or restraint against an individual,

(b) to inflict injury, harm, damage or loss on an individual or property or to threaten to do any of these, or

(c) to otherwise intimidate an individual or to threaten to do anything that is otherwise intimidation of an individual;

"judicial recount" means a judicial recount of votes conducted under Division 3 of Part 7;

"leadership contestant" means an individual seeking the leadership of a registered political party, whether or not any other individual seeks that leadership, and for the purposes of Parts 10 and 11 includes an individual who becomes a leadership contestant or who was a leadership contestant;

"list of voters" means a list of voters prepared under Part 4 that is all or part of the Provincial List of Voters referred to in section 45;

"market value" means, in relation to property or services, the lowest price charged for an equivalent amount of equivalent property or services in the market area at the relevant time;

"money" includes cash, a negotiable instrument and a payment by means of a credit card;

"newspaper" means a publication or local periodical that

(a) contains items of news and advertising, and

(b) is distributed at least weekly in the electoral district or other area that is affected by the matter for which notice is required by this Act to be published in a newspaper;

"nomination contestant" means an individual seeking nomination as a candidate representing a registered political party in an election, whether or not any other individual seeks that nomination, and for the purposes of Parts 10 and 11 includes an individual who becomes a nomination contestant or who was a nomination contestant;

"nomination documents" means the documents required by section 54 (2) and (3);

"nomination period" means the period during which nominations for an election are accepted under section 56;

"official agent" means the official agent of a candidate appointed under section 69;

"opinion survey" does not include an opinion survey within a class prescribed by regulation;

"ordinary ballot" means a ballot referred to in section 86 (2);

"organization" means an incorporated or unincorporated organization;

"personal contestant expenses" means personal contestant expenses within the meaning of section 184 (4);

"personal election expenses" means personal election expenses within the meaning of section 183 (4);

"political contribution" means a political contribution within the meaning of Division 2 of Part 10;

"political party" means an organization referred to in section 155 (1);

"Provincial list of voters" means the list of registered voters prepared under section 45;

"registered" means,

(a) in relation to a voter, registered under Part 4, and

(b) in relation to a political party or constituency association, registered under Part 9;

"resident" means resident within the meaning of section 32;

"residential address" means, in relation to voter registration and voting, an address that is sufficient within the meaning of section 35 (2);

"return of the writ" means the return of the writ for an election to the chief electoral officer in accordance with section 146;

"solemn declaration" means an oath or solemn affirmation in accordance with section 252;

"Speaker" means the Speaker of the Legislative Assembly and an individual lawfully acting as Speaker or, if the office is vacant, the Clerk of the Legislative Assembly or any officer lawfully performing the duties of the Clerk;

"special voting opportunity" means a voting opportunity under section 77;

"tax receipt" means a receipt issued under section 8.1 of the Income Tax Act;

"volunteer" means, in relation to services, an individual providing the services as described in section 180 (5) (a) (i) to (iv);

"voter" means an individual who meets the qualifications referred to in section 31 to be registered as a voter under this Act;

"voter for an electoral district" means a voter who is qualified to be registered as a voter and to vote in an election for the electoral district;

"voter for a voting area" means a voter who is a voter for the electoral district for which the voting area is established and who is resident in that voting area;

"voter number" means the number assigned to a voter in a list of voters;

"voter registration official" means

(a) the chief electoral officer and the deputy chief electoral officer,

(b) a district registrar of voters or a deputy district registrar of voters appointed under section 22, and

(c) an individual appointed as a temporary voter registration official under section 23;

"voting area" means an area of an electoral district established as a voting area under section 80;

"voting hours" means the hours established under this Act for voting at a voting opportunity;

"voting officer" means, in relation to voting proceedings, the voting officer appointed under section 19 who is assigned responsibility for those proceedings;

"voting opportunity" means a voting opportunity referred to in section 73 (a) to (d);

"voting place" means a voting place under section 75 for a general voting opportunity or under section 76 for an advance voting opportunity;

"voting station" means a location referred to in section 82 (1);

"writ" means, in relation to an election, an order of the chief electoral officer in the form of a writ under section 26 directing a district electoral officer to conduct an election for the electoral district;

"write-in ballot" means a ballot referred to in section 86 (5).

Time

2 (1) Times set by or under this Act are to be local times for the place at which the applicable proceedings under this Act are being conducted, unless otherwise expressly provided by this Act.

(2) If the time set by or under this Act for doing anything falls or ends on a holiday, the time is extended to the next day that is not a holiday.

Amendments do not apply for 6 months unless notice given

3 (1) Unless notice is given under subsection (2), an amendment to this Act does not apply to an election that is called within 6 months after the amendment comes into force.

(2) After consulting with the Election Advisory Committee, the chief electoral officer may have published in the Gazette a notice that the necessary preparations for the application of an amendment to this Act have been made and that the amendment applies to any election that is called after the publication.

 
Part 2 -- Election and Other Officials

 
Division 1 -- Chief Electoral Officer

Appointment of chief electoral officer

4 (1) On the recommendation of the Legislative Assembly, the Lieutenant Governor must appoint as Chief Electoral Officer an individual who has been unanimously recommended for the appointment by a special Committee of the Legislative Assembly.

(2) The chief electoral officer is an officer of the Legislature.

Impartiality

5 (1) Before beginning to perform the duties of office, the chief electoral officer must make a solemn declaration before the Clerk of the Legislative Assembly to faithfully and impartially exercise the powers and perform the duties of office.

(2) The chief electoral officer is not entitled to vote in an election.

(3) The chief electoral officer must not

(a) hold another office or engage in other employment,

(b) be a member of, hold a position with or make a contribution to a registered political party, a registered constituency association or a

seeking registration, or

(c) in relation to the individual's candidacy, hold a position with or make a contribution to an individual who is, intends to be or was a candidate in an election.

Term of office

6 (1) The term of office for the chief electoral officer is from the date of appointment until 12 months after the date set for the return of the last writ for the second general election for which the chief electoral officer is responsible.

(2) The chief electoral officer may be reappointed to further terms of office.

Remuneration and pension

7 (1) The chief electoral officer

(a) must be paid out of the consolidated revenue fund a salary equal to the salary paid to the chief judge of the Provincial Court of British Columbia, and

(b) must be reimbursed for reasonable travelling and out of pocket expenses personally incurred in performing the duties of the office.

(2) The Pension (Public Service) Act applies to the chief electoral officer, subject to the following:

(a) a chief electoral officer who retires, is retired or is removed from office after at least 10 years' service must be granted an annual pension payable on or after attaining 60 years of age;

(b) if a chief electoral officer who has served at least 5 years is removed from office by reason of a physical or mental disability, section 19 of the Pension (Public Service) Act applies and the chief electoral officer is entitled to a superannuation allowance beginning on the first day of the month after the removal;

(c) if a chief electoral officer who has served at least 5 years dies in office, section 20 of the Pension (Public Service) Act applies and the surviving spouse of the chief electoral officer is entitled to a superannuation allowance beginning on the first day of the month after the death;

(d) except for the purposes of section 6 (5) of the Pension (Public Service) Act, in calculating the amount of a superannuation allowance under this section, each year of service as chief electoral officer is to be counted as 1 1/2 years of pensionable service.

Resignation, removal or suspension

8 (1) The chief electoral officer may resign at any time by notifying the Speaker.

(2) On the recommendation of the Legislative Assembly based on cause or incapacity, the Lieutenant Governor must, in accordance with the recommendation,

(a) suspend the chief electoral officer, with or without salary, or

(b) remove the chief electoral officer from office.

(3) If the Legislative Assembly is not sitting, the Lieutenant Governor in Council may suspend the chief electoral officer, with or without salary, for cause or incapacity.

(4) A suspension under subsection (3) ends not later than 30 sitting days of the Legislative Assembly after the suspension came into effect.

Acting chief electoral officer

9 (1) On the recommendation of the Legislative Assembly in any of the following circumstances, the Lieutenant Governor must appoint an acting chief electoral officer:

(a) the office of chief electoral officer is vacant;

(b) the chief electoral officer appointed under section 4 is suspended;

(c) the chief electoral officer appointed under section 4 is temporarily absent because of illness or another reason.

(2) The Lieutenant Governor in Council may appoint an acting chief electoral officer in any of the following circumstances:

(a) the office of chief electoral officer is or becomes vacant when the Legislative Assembly is not sitting;

(b) the chief electoral officer appointed under section 4 is suspended when the Legislative Assembly is not sitting;

(c) the chief electoral officer is removed or suspended or the office of the chief electoral officer becomes vacant when the Legislative Assembly is sitting, but no recommendation is made by the Legislative Assembly under subsection (1) or section 4 before the end of the session;

(d) the chief electoral officer appointed under section 4 is temporarily absent because of illness or another reason.

(3) An acting chief electoral officer holds office until the earliest of the following:

(a) a new chief electoral officer is appointed under section 4;

(b) the suspension of the chief electoral officer ends;

(c) the chief electoral officer returns to office after the temporary absence;

(d) in the case of an acting chief electoral officer appointed under subsection (2), when an acting chief electoral officer is appointed under subsection (1);

(e) at the end of 30 sitting days after the start of the next session of the Legislative Assembly.

(4) An individual may be reappointed as acting chief electoral officer in accordance with this section.

General staff of the chief electoral officer

10 (1) The chief electoral officer may appoint a deputy chief electoral officer and other employees necessary to enable the chief electoral officer to perform the duties of the office.

(2) The Public Service Act applies to appointments under subsection (1) and, for the purposes of that Act, the chief electoral officer is deemed to be a deputy minister.

(3) The chief electoral officer may also retain, on a temporary basis, other persons necessary to enable the chief electoral officer to perform the duties of the office in relation to short term administrative matters, including the preparation for and conduct of an election, enumeration or plebiscite.

(4) The Public Service Act does not apply to persons retained under subsection (3) and the chief electoral officer may establish their remuneration and the other terms and conditions of their retainers.

Expenses of administering Act

11 (1) All necessary expenses required for the administration of this Act must be paid out of the general fund of the consolidated revenue fund.

(2) The chief electoral officer must approve all amounts to be paid under the authority of this section, with this approval authority subject to any regulations of the Lieutenant Governor in Council.

(3) The Lieutenant Governor in Council may make regulations for the purpose of subsection (2).

Duties and powers of the chief electoral officer

12 (1) The chief electoral officer has the following duties in addition to all others established by this Act:

(a) to provide guidance and supervision respecting the voter registration process and the conduct of elections and plebiscites;

(b) to ensure that all other officials appointed under this Act carry out their duties with fairness and impartiality;

(c) to provide information to the public regarding the voter registration and other electoral processes under this Act.

(2) The chief electoral officer has the following powers in addition to all others given by this Act:

(a) to make recommendations to the Legislative Assembly respecting amendments to this Act or other enactments affecting election matters;

(b) to issue to persons appointed or retained under this Act any information and guidelines the chief electoral officer considers necessary to ensure effective implementation of this Act;

(c) to require election officials and voter registration officials to follow the directions of the chief electoral officer regarding the performance of their duties and the exercise of their powers;

(d) to assign duties and related powers under this Act to election officials and voter registration officials;

(e) to delegate in writing to an individual appointed under section 10 (1), 18 (1) or 22 (1) the authority to exercise any power and perform any duty assigned to the chief electoral officer by this Act, other than the power to make regulations, subject to any limits or conditions imposed by the chief electoral officer;

(f) to prepare directives and guidelines for registered political parties, registered constituency associations, candidates, financial agents and auditors respecting this Act.

(3) The deputy chief electoral officer may perform the duties and exercise the powers of the chief electoral officer, other than the power to make regulations.

Reports to the Legislative Assembly

13 (1) The chief electoral officer must present the following reports to the Speaker:

(a) an annual report on the work done under the direction of the chief electoral officer;

(b) after each election, general enumeration or plebiscite, a report respecting the proceedings, the results and the costs;

(c) any report required under section 42 respecting a decision not to conduct a general enumeration;

(d) any recommendation under section 12 (2) (a) respecting amendments to this Act or another enactment affecting election matters;

(e) any report required under section 216, 220, 221 or 225 respecting a member of the Legislative Assembly who has failed to comply with Part 10.

(2) The chief electoral officer may present a special report to the Speaker if, in the chief electoral officer's opinion, the amounts and establishment for the office of the chief electoral officer permitted under section 11 (2), or the services provided by the Public Service Employee Relations Commission, are inadequate for fulfilling the duties of the office.

(3) The Speaker must lay a report of the chief electoral officer before the Legislative Assembly as soon as possible.

 
Division 2 -- Election Advisory Committee

Establishment of Election Advisory Committee

14 (1) The Election Advisory Committee is established, consisting of the following:

(a) the chief electoral officer, as chair of the committee;

(b) 2 representatives appointed for each registered political party that is represented in the Legislative Assembly;

(c) one representative appointed for each registered political party that had candidates in at least 1/2 of all electoral districts at the immediately preceding general election and is not represented under paragraph (b).

(2) A member of the Legislative Assembly is not eligible to be a member of the committee.

(3) The appointment of a representative of a registered political party to the committee must be made in writing, signed by 2 principal officers of the political party and delivered to the chief electoral officer.

(4) An appointment under subsection (3) may be rescinded in the same manner.

(5) Unless earlier rescinded, an appointment under subsection (3) ends 30 days after the date set under section 26 (2) (c) for the return of the writs for the next general election.

(6) Representatives appointed under subsection (3) must be reimbursed by the chief electoral officer for their reasonable travelling and out of pocket expenses necessarily incurred while discharging their duties.

Meetings of committee

15 (1) Meetings of the committee may be called at any time by the chief electoral officer.

(2) If requested in writing by at least 1/3 of the members of the committee, the chief electoral officer must call a meeting of the committee as soon as reasonably possible.

(3) The proceedings of the committee must be conducted in accordance with any applicable regulations.

Role of committee

16 (1) The role of the committee is to advise the chief electoral officer on the functioning of this Act, particularly regarding the provisions of this Act that relate to the financing of the political process.

(2) The chief electoral officer must consult with the committee as follows:

(a) periodically regarding the application of this Act;

(b) before publishing a notice under section 3 respecting the application of an amendment to this Act;

(c) before making a recommendation under section 12

(2) (a) respecting an amendment to this Act or another enactment;

(d) before determining under section 42 whether a general enumeration is to be cancelled;

(e) before making a regulation at any time other than during the election period for a general election.

(3) No recommendation or other decision of the committee is binding on the chief electoral officer.

 
Division 3 -- Election Officials

Individuals prohibited from being appointed as election officials

17 The following individuals must not be appointed, accept appointment or act as an election official:

(a) a member of the Legislative Assembly or of the Executive Council;

(b) an individual who has served as a member of the Legislative Assembly in the session immediately before the election, or in the session then being held, if the election takes place during a session of the Legislature;

(c) a member of the House of Commons of Canada, of the Senate of Canada or of Her Majesty's Privy Council of Canada;

(d) a judge of the Court of Appeal, the Supreme Court or the Provincial Court;

(e) a master, registrar, district registrar or deputy district registrar of the Supreme Court;

(f) an individual who has been convicted of an offence under this Act or the Recall and Initiative Act within the period of 7 years immediately before the appointment;

(g) an individual who is a candidate or a candidate representative.

District electoral officers

18 (1) For each electoral district, the chief electoral officer must appoint

(a) a district electoral officer, who is to be responsible for the conduct of any election for the electoral district, and

(b) a deputy district electoral officer, who is to assist the district electoral officer.

(2) If a district electoral officer is absent or unable to act, or if the office is vacant, the deputy district electoral officer must perform the duties and has the powers of the district electoral officer and, for these purposes, may appoint an individual to act as deputy district electoral officer for the period to which this applies.

(3) The term of appointment for a district electoral officer ends 6 months after general voting day for the first general election called after the appoint ment.

(4) As an exception to subsection (3), if an election for the electoral district is in progress at the end of the term of appointment for a district electoral officer, the chief electoral officer may extend the term of appointment for a specified period.

(5) The term of appointment for a deputy district electoral officer is as specified by the chief electoral officer in the individual's appointment.

(6) An individual may be reappointed as a district electoral officer or deputy district electoral officer.

(7) A district electoral officer must not resign on less than 3 months' notice to the chief electoral officer, except with the consent of the chief electoral officer.

(8) A district electoral officer or deputy district electoral officer must not

(a) be a member of, be an employee of, hold a position with or make a contribution to a registered political party, a registered constituency association or a political party or constituency association seeking registration, or

(b) in relation to the individual's candidacy, be an employee of, hold a position with or make a contribution to an individual who is, intends to be or was a candidate in an election.

(9) The chief electoral officer may rescind the appointment of a district electoral officer or deputy district electoral officer before what would otherwise be the end of the individual's term of appointment on any of the following grounds:

(a) that the official is incapable, by reason of illness or otherwise, of satisfactorily performing the individual's duties under this Act;

(b) that the official has not followed a direction of the chief electoral officer;

(c) that the official has failed to competently discharge a duty of office to the satisfaction of the chief electoral officer;

(d) that, in the opinion of the chief electoral officer, the official has acted in a politically partisan manner during the term of the individual's appointment, whether or not this was done in the course of performing the individual's duties under this Act.

Voting officers and other election officials and staff

19 (1) If an election is called for an electoral district, the district electoral officer must appoint

(a) sufficient voting officers for the purposes of section 88, and

(b) other election officials required to conduct the election proceedings.

(2) The district electoral officer may retain other persons necessary for the administration of an election in the electoral district.

Oath of office

20 Before undertaking duties under this Act, an individual appointed as an election official must make a solemn declaration that the individual

(a) will faithfully and impartially fulfill the duties,

(b) has not received and will not accept any inducement to perform the duties otherwise than impartially and in accordance with this Act or to otherwise subvert the election, and

(c) will preserve the secrecy of the ballot in accordance with section 90.

Terms of appointment

21 The Public Service Act does not apply to persons appointed or retained under this Division and the chief electoral officer may establish their remuneration and the other terms and conditions of their appointment or retainer.

 
Division 4 -- Voter Registration Officials

District registrars of voters

22 (1) The chief electoral officer

(a) must appoint a district registrar of voters for each electoral district, who is to be responsible for the registration of voters within the electoral district, and

(b) may appoint one or more deputy district registrars of voters for an electoral district, who are to assist the district registrar of voters for the electoral district.

(2) The same individual may be appointed district registrar of voters for more than one electoral district.

(3) An individual appointed under subsection (1) must be employed under section 10 or otherwise be within the public service of British Columbia.

Temporary voter registration officials

23 (1) For the purposes of voter registration proceedings in an electoral district, but subject to the direction of the chief electoral officer, the district registrar of voters may retain on a temporary basis individuals necessary for the proceedings and may appoint those individuals as voter registration officials.

(2) The Public Service Act does not apply to individuals retained under subsection (1) and the chief electoral officer may establish their remuneration and the other terms and conditions of their retainers.

 
Part 3 -- Calling an Election

Order for a general election

24 (1) For a general election to be held, the Lieutenant Governor in Council must issue an order under this section that

(a) directs the chief electoral officer to issue writs of election for all electoral districts,

(b) sets the date of issue for the writs of election, which must be the same for all writs,

(c) specifies the general voting day for the election in accordance with section 27, and

(d) directs that the writs of election be returned in accordance with this Act.

(2) If a general election is called before general voting day for a by-election that is in progress, the by- election is cancelled and the election for that electoral district is to take place as part of the general election.

Order for a by-election

25 (1) On receiving a warrant under the Constitution Act for a by-election, the chief electoral officer must notify the Lieutenant Governor in Council for the purposes of allowing the writ of election to be issued within the time limit established by that Act.

(2) For a by-election to be held, the Lieutenant Governor in Council must issue an order that

(a) directs the chief electoral officer to issue a writ of election for the electoral district,

(b) sets the date of issue for the writ of election,

(c) specifies the general voting day for the election in accordance with section 27, and

(d) directs that the writ of election be returned in accordance with this Act.

Election called when writ of election issued

26 (1) On receiving an order of the Lieutenant Governor in Council under section 24 or 25, the chief electoral officer must

(a) issue the writ or writs of election in accordance with the order,

(b) transmit each writ to the district electoral officer to whom it is addressed, and

(c) arrange for the writ or writs to be published in the Gazette.

(2) A writ of election must be in Form 1 as set out in the Schedule to this Act and must include the following:

(a) the dates for the start and end of the nomination period for nominations under section 56;

(b) the date of general voting day for the election;

(c) the day for the return of the writ, being the date on or before which the district electoral officer is to certify to the chief electoral officer the name of the individual elected as member of the Legislative Assembly.

(3) For the purposes of this Act, an election is called when the writ for the election is issued in accordance with the applicable order of the Lieutenant Governor in Council under section 24 or 25.

General voting day

27 (1) General voting day for an election is the 28th day after the date on which the election is called.

(2) As an exception if the date under subsection (1) would fall on a holiday, general voting day is the next day that is not a holiday.

Notice of election

28 (1) Within 11 days after an election is called, the chief electoral officer must publish or direct the district electoral officer to publish a notice of election in accordance with section 254.

(2) The notice of election must include the following:

(a) the dates, times and places at which nominations will be received by the district electoral officer during the nomination period;

(b) how interested individuals can obtain information on the requirements and procedures for making a nomination;

(c) the dates and voting hours for general voting and advance voting, in the event that an election by voting is required;

(d) any other information the chief electoral officer considers should be included.

(3) The notice of election must also be posted in the office of the district electoral officer throughout the nomination period.

(4) The chief electoral officer may direct or authorize the district electoral officer to provide for additional notice of the election to be given to the public.

 
Part 4 -- Voters

 
Division 1 -- Qualifications

Who may vote

29 In order to vote in an election for an electoral district, an individual must

(a) be a Canadian citizen,

(b) be 18 years of age or older on general voting day for the election,

(c) be a resident of the electoral district,

(d) have been a resident of British Columbia for at least 6 months immediately before general voting day for the election,

(e) be registered as a voter for the electoral district or register as such in conjunction with voting, and

(f) not be disqualified by this Act or any other enactment from voting in the election or be otherwise disqualified by law.

Individuals disqualified from voting

30 Without limiting section 29 (f), the following individuals are not entitled to vote in an election:

(a) the chief electoral officer and the deputy chief electoral officer;

(b) an individual who is imprisoned in a penal institution serving a sentence of 2 years or more;

(c) an individual who is prohibited from voting under Part 12.

 
Division 2 -- Registration

Who may register as a voter

31 (1) An individual must meet all the following qualifications in order to register as a voter:

(a) the individual must be a Canadian citizen;

(b) the individual must be an individual

(i) who is 18 years of age or older at the time of registration, or

(ii) if an election is in progress for the electoral district for which the individual will be entitled to vote on registration, who will be 18 years of age or older on general voting day for the election;

(c) the individual must have been a resident of British Columbia for the immediately preceding 6 months;

(d) the individual must not be disqualified from voting under section 29 (f).

(2) An individual who is registered but who ceases to meet the qualifications referred to in subsection (1) is not entitled to continue to be registered.

Rules for determining where an individual is resident

32 (1) The following rules apply to determine for the purposes of this Act the place where an individual is resident:

(a) an individual is a resident of the place where the individual lives and to which, whenever absent, the individual intends to return;

(b) an individual may be the resident of only one place at a time for the purposes of this Act;

(c) an individual does not change the place where the individual is a resident until the individual has a new place where the individual is a resident;

(d) an individual does not cease being a resident of a place by leaving the place for temporary purposes only.

(2) Without limiting subsection (1) (d), a temporary purpose within the meaning of that subsection includes being absent from British Columbia

(a) while the individual is engaged in the service of the government of British Columbia or Canada,

(b) as the spouse of an individual referred to in paragraph (a), being an individual who is married to the individual or who is living with the individual in a marriage-like relationship, including such a relationship between members of the same sex, or

(c) as an individual who is in a child-parent relationship with an individual referred to in paragraph (a) or (b) and who is accompanying that individual for this reason.

(3) As an exception to subsection (1), if for the purposes of attending an educational institution an individual establishes a new place where the individual is a resident that is away from the usual place where the individual is a resident, the individual may choose for the purposes of this Act either the usual place or the new place as the place where the individual is a resident.

(4) As an exception to subsection (1), an individual who is imprisoned in a penal institution is not by that imprisonment a resident of the place where the penal institution is located, but instead is deemed for the purposes of this Act to be a resident of whichever of the following the individual chooses:

(a) the place where the individual was a resident before being imprisoned;

(b) the place where a spouse, as described in subsection (2) (b), parent or dependant of the individual is a resident within the meaning of subsection (1).

When an individual may register

33 (1) An individual may apply to be registered as a voter at any of the following registration opportunities:

(a) general registration in accordance with section 36;

(b) a special registration opportunity under section 39;

(c) registration in conjunction with voting in accordance with section 41;

(d) registration during an enumeration under section 42.

(2) If satisfied on the basis of the application for registration in accordance with section 35 that an individual is entitled to be registered as a voter, the voter registration or election official responsible must accept the application and register the individual.

(3) An individual becomes registered as a voter when his or her application for registration is accepted by the voter registration or election official responsible.

Updating registration information

34 (1) If a registered voter changes the place where he or she is resident, changes his or her name or otherwise changes the information required regarding registration, the voter may apply to update his or her registration information at any of the registration opportunities referred to in section 33.

(2) This Act, as it applies to registration as a voter, applies to the updating of voter registration information, except that

(a) an application for the updating may be made in any manner acceptable to the official responsible for accepting applications for voter registration, and

(b) if the voter remains a voter for the same electoral district, the official responsible may waive the requirements of section 41 (2) (b).

Application for registration

35 (1) An application for registration as a voter must be on a form supplied by the chief electoral officer, must be signed by the individual applying to be registered and must include the following information:

(a) the full name of the applicant;

(b) the address of the place where the applicant is a resident within the meaning of section 32;

(c) the mailing address of the applicant, if this is different from the address referred to in paragraph (b);

(d) the birth date of the applicant or other identifying information prescribed by regulation;

(e) any other information required to be included by regulation;

(f) a declaration that the applicant meets the requirements of section 31 to be registered as a voter.

(2) For the purposes of subsection (1) (b), an address of an applicant that indicates the place where the applicant is resident within the meaning of section 32 is sufficient if, in the opinion of the voter registration or election official accepting the application, it indicates that place for the purpose of determining the voting area of which the applicant is a resident.

(3) On request, a district registrar of voters must provide an application form without charge to each individual wishing to register as a voter.

(4) On request, the chief electoral officer must provide a reasonable number of application forms without charge to a registered political party or registered constituency association for the organization to use in assisting individuals to register as voters.

General registration

36 (1) Registration under this section must be available except during a closed period under section 37.

(2) An individual may apply to register as a voter by delivering an application form completed in accordance with section 35 to

(a) the chief electoral officer,

(b) a district registrar of voters or another voter registration official authorized by a district registrar of voters, or

(c) an individual authorized as agent under section 38.

(3) Applications under subsection (2) must be received at the office of any district registrar of voters during its regular office hours and may be received at other times and places authorized by the chief electoral officer or a district registrar of voters.

(4) The officials responsible for accepting applications under this section are the chief electoral officer, the district registrars of voters and any voter registration officials authorized by the chief electoral officer.

Closed period for general registration

37 (1) Applications for registration as a voter for an electoral district must not be received under section 36 (2) during the period beginning on the 8th day after an election is called for the electoral district and ending on the 2nd day after general voting day for the election.

(2) As soon as possible after an election is called, the chief electoral officer must have published in accordance with section 254 a notice stating the following:

(a) the date after which an individual may not register or update voter registration information except in conjunction with voting;

(b) how an individual may obtain information about registering or updating voter registration information under section 36 before the date referred to in paragraph (a);

(c) that after the date referred to in paragraph (a) an individual may only register or update voter registration information in conjunction with voting.

Registration through agencies

38 (1) The chief electoral officer may authorize persons other than voter registration and election officials to act as agents of the chief electoral officer for receiving applications for voter registration or for updating voter registration information.

(2) Applications for voter registration must not be received under this section during a closed period under section 37.

(3) If a form or other document under another enactment is specified by regulation, despite any restriction or prohibition in the other enactment,

(a) the form or document may be combined with an application for voter registration or updating voter registration information, and

(b) the persons responsible for receiving that form or document may act as agents for the chief electoral officer in relation to this Division.

(4) As an exception to section 35, the chief electoral officer may accept a copy of an application received under this section as an application for voter registration or updating voter registration information.

(5) The officials responsible for accepting applications under this section are the chief electoral officer and any voter registration official authorized by the chief electoral officer.

Special voter registration opportunities

39 (1) The chief electoral officer may require or authorize a district registrar of voters to arrange a special registration opportunity at which individuals may attend to register.

(2) A special registration opportunity must not be held during the closed period for general registration under section 37.

(3) To register under this section, an individual must deliver an application form completed in accordance with section 35 to the voter registration official responsible at the special registration opportunity.

(4) The official responsible for accepting applications under this section is the district registrar of voters.

Automatic updating using driver's licence information

40 (1) For the purpose of updating voter registration information, the chief electoral officer may request that the Superintendent of Motor Vehicles under the Motor Vehicle Act provide information contained in records kept by the Superintendent and, subject to subsection (2), the Superintendent must provide the information to the chief electoral officer.

(2) If an individual makes a written request to the Superintendent of Motor Vehicles that the Superintendent not provide to the chief electoral officer personal information respecting the individual, the Superintendent must arrange for that information to be excluded from the information provided to the chief electoral officer.

Registration in conjunction with voting

41 (1) An individual who is not registered as a voter may register in accordance with this section in conjunction with voting.

(2) In order to register under this section, an individual must

(a) deliver an application form completed in accordance with section 35 to the district electoral officer or an election official authorized by the district electoral officer, and

(b) satisfy that official of the applicant's identity and place of residence in accordance with subsection (3).

(3) For the purposes of subsection (2) (b), an individual may either

(a) produce to the election official at least 2 documents that provide evidence satisfactory to that official of the applicant's identity and place of residence, at least one of which must contain the applicant's signature, or

(b) produce to the election official at least 2 documents that provide evidence satisfactory to that official of the applicant's identity, at least one of which must contain the applicant's signature, and make a solemn declaration as to the applicant's place of residence within the meaning of section 32.

(4) The election official receiving an application must note on the application the nature of the documents produced for the purposes of subsection (2) (b).

(5) If satisfied on the basis of the application and documents produced that the applicant is entitled to be registered as a voter, the election official responsible must accept the individual's application for registration.

General and limited enumerations

42 (1) Unless the enumeration is cancelled under subsection

(2), the chief electoral officer must arrange for a general enumeration to be conducted, starting on the first Monday in May during the 3rd calendar year after the last general election, in all electoral districts for the purpose of registering voters and updating voter registration information.

(2) The chief electoral officer may cancel a general enumeration under subsection (1), after consulting with the Election Advisory Committee under section 16, if the chief electoral officer determines that the Provincial list of voters is sufficiently current that the general enumeration is not justified.

(3) If a general enumeration is cancelled under subsection (2), the chief electoral officer must report this to the Speaker together with the basis on which the chief electoral officer determined that the Provincial list of voters was sufficiently current.

(4) On a report under subsection (3) being laid before the Legislative Assembly, the Legislative Assembly may, by resolution, direct the chief electoral officer to conduct a general enumeration.

(5) In addition to a general enumeration under subsection (1) or (4), the chief electoral officer may require or authorize one or more district registrars of voters to conduct enumerations of all or part of their electoral districts.

(6) An enumeration may be by residence-to-residence visitation or by another method directed or authorized by the chief electoral officer.

Cancellation of enumeration if election called

43 (1) If an election is called while an enumeration is in progress, the chief electoral officer may cancel the enumeration.

(2) In the case of a by-election, the chief electoral officer may cancel the enumeration in relation to individuals registering as voters for the electoral district for which the election is being held and continue the enumeration for other individuals.

(3) If an enumeration is cancelled, applications for voter registration or updating voter registration information received as part of the enumeration that is cancelled are void and only those individuals who were registered as voters before the start of the enumeration are registered voters.

Voter registration officials conducting enumeration

44 (1) While conducting an enumeration, each voter registration official must wear or carry identification provided by the chief electoral officer and must produce it on request.

(2) A voter registration official has authority to enter an apartment building, other multiple residence building or area of multiple residences during reasonable hours for the purpose of conducting the enumeration of voters in the building or area, and a person having charge of the building or area must allow the official to enter the building or area for this purpose.

(3) An individual must not obstruct a voter registration official in conducting an enumeration.

 
Division 3 -- Lists of Voters

Provincial List of Voters to be maintained

45 (1) The chief electoral officer must maintain a record, to be known as the Provincial List of Voters, of those individuals registered as voters.

(2) The Provincial list of voters must include the names of voters, the places where they are resident and other information required to be included in an application for registration that the chief electoral officer considers should be included in the list.

(3) The chief electoral officer or the district registrar of voters may authorize other voter registration officials to assist in the duties under this Division and may authorize those officials to exercise the powers of the district registrar of voters under this Division.

Updating the Provincial list of voters

46 (1) The chief electoral officer may amend voter registration information on the Provincial list of voters to correctly show the information regarding a voter that the chief electoral officer considers to be current.

(2) The chief electoral officer may remove the name of an individual from the Provincial list of voters as follows, in which case the individual is no longer registered as a voter:

(a) if satisfied that the individual is no longer alive;

(b) if satisfied that the individual is not qualified to be registered as a voter or is fictitious;

(c) if the individual requests in writing that his or her registration as a voter be cancelled;

(d) if, on a general enumeration, it appears that the individual is no longer resident in the electoral district for which he or she is registered as a voter;

(e) if the individual does not respond to a notice in accordance with subsection (3) within 60 days after it is sent to the individual by the chief electoral officer.

(3) The notice referred to in subsection (2) (e)

(a) must state that, if the individual to whom it is addressed does not contact the chief electoral officer within 60 days of the notice being sent, the individual's registration as a voter may be cancelled, and

(b) must be mailed or otherwise sent to the individual's address as shown in the Provincial list of voters.

Preparation of lists of voters for use in an election

47 (1) For each election for an electoral district, the chief electoral officer must have prepared a preliminary list of voters for the electoral district and a revised list of voters for the electoral district.

(2) Only lists of voters prepared under subsection (1) may be used for the purposes of conducting an election.

(3) The preliminary list of voters for an electoral district must

(a) be prepared as soon as possible after the election is called,

(b) include the names and residential addresses of those individuals who, on the basis of the Provincial list of voters, appear to be resident in the electoral district, and

(c) be divided by voting area for the election.

(4) The revised list of voters for an electoral district must

(a) be prepared as soon as possible after the beginning of the closed period for general registration under section 37,

(b) include the names and residential addresses of those individuals who, on the basis of the Provincial list of voters, appear to be resident in the electoral district,

(c) include the assigned voter number for each individual on the list,

(d) be divided by voting area for the election and organized alphabetically by voter surname within each voting area, and

(e) be certified by the chief electoral officer as being the revised list of voters for use in the election.

(5) Other than the requirements of subsections (3) and (4), the form of a preliminary or revised list of voters for an election is in the discretion of the chief electoral officer.

(6) The chief electoral officer must have copies of the preliminary and revised lists of voters provided to the district registrar of voters and the district electoral officer of the electoral district.

Access to lists of voters during election

48 (1) Candidates in an election are entitled without charge to copies of the lists of voters prepared under section 47 as follows:

(a) the district registrar of voters must provide each candidate with 2 printed copies and, if available, one electronic copy of both the preliminary and revised lists of voters prepared under section 47 for the electoral district;

(b) if requested by a candidate, the district registrar of voters must provide the candidate with up to an additional 8 printed copies of each of the preliminary list of voters and the revised list of voters for the electoral district.

(2) Copies of the preliminary and revised lists of voters prepared for an election must be available for public inspection at the offices of the district registrar of voters and the district electoral officer during their regular office hours from the time the lists are received until the close of general voting.

Objection to the registration of a voter

49 (1) The registration of an individual whose name appears on a list of voters prepared under this Act may be objected to in accordance with this section.

(2) An objection must be delivered to the district registrar of voters for the electoral district of which the individual is shown as a resident.

(3) An objection that is received after the start of the closed period for general registration under section 37 must not be dealt with until after the end of that period.

(4) An objection may be made

(a) only by a voter, and

(b) only on the basis that the individual whose name appears on a list of voters

(i) has died, or

(ii) is not qualified to be registered as a voter for the electoral district.

(5) An objection must be made in writing, signed by the individual making it, and include the following:

(a) the name and address of the individual against whose registration the objection is made, as shown on the list of voters;

(b) the basis of the objection, including a statement of facts that the objector believes support this;

(c) the name and address of the individual making the objection.

(6) On receiving an objection, the district registrar of voters must make a reasonable effort to notify the individual against whom the objection is made of the objection, the individual who made the objection and the basis on which it is made.

Resolving objections

50 (1) An objection on the basis that an individual has died must be resolved in accordance with the following:

(a) the district registrar of voters must have a search made of the records under the Vital Statistics Act;

(b) if a record of death is found, the district registrar of voters must remove the individual's name from the list of voters;

(c) if a record of death is not found and the district registrar of voters is unable to contact the individual, the objection must be resolved in accordance with subsection (2) (c) and (d).

(2) An objection on the basis that an individual is not entitled to be registered as a voter must be resolved in accordance with the following:

(a) if, after receiving notice of the objection, the individual provides proof satisfactory to the district registrar of voters of the individual's entitlement to be registered or makes a solemn declaration as to that entitlement, the individual's name is to stay on the list of voters;

(b) if, after receiving notice of the objection, the individual does not provide proof of entitlement or make a solemn declaration as to entitlement, the district registrar of voters must remove the individual's name from the list of voters;

(c) if the district registrar of voters is unable to contact the individual who is subject to the objection, the district registrar of voters must require the individual who made the objection to provide satisfactory evidence of the basis of the objection and, if this is done, must remove the name from the list of voters;

(d) if the individual who made the objection does not provide satisfactory evidence as required by paragraph (c), the name is to stay on the list of voters.

(3) If a change is made as a result of an objection after the revised list of voters for the electoral district is prepared, the district registrar of voters must

(a) amend the copy of the revised list of voters provided by the chief electoral officer to show the change and initial the amendment, and

(b) notify the chief electoral officer of the change so that the Provincial list of voters may be amended.

Lists of voters generally

51 (1) Subject to section 259, the chief electoral officer may prepare and provide a list of voters to an individual or organization requesting it and may charge a fee for preparing and providing the list.

(2) Without limiting subsection (1), on request and payment of the reasonable costs of reproduction, the chief electoral officer must provide a list of voters to a registered political party or member of the Legislative Assembly.

(3) For the purpose of tracing unauthorized use of lists of voters, including a list of voters used for election purposes, the chief electoral officer may have fictitious voter information included in a list of voters.

(4) Despite any other provision of this Act, the chief electoral officer may prepare a list of voters, including a list of voters used for election purposes, that omits or obscures the address of a voter or other information about a voter in order to protect the privacy or security of the voter.

 
Part 5 -- Candidates

 
Division 1 -- Nominations

Who may be nominated

52 (1) To be qualified for nomination as a candidate for office as a member of the Legislative Assembly, an individual must

(a) be a Canadian citizen,

(b) be 18 years of age or older on general voting day for the election,

(c) have been a resident of British Columbia for at least 6 months immediately before the individual becomes a candidate, and

(d) not be disqualified by this Act or any other enactment from voting in an election or from being nominated for, being elected to or holding office as a member of the Legislative Assembly, or be otherwise disqualified by law.

(2) At any one time, an individual is not entitled to be nominated as a candidate for more than one electoral district.

Who may make nominations

53 (1) A nomination must be made by at least 25 voters for the electoral district for which the election is being held.

(2) For any one election an individual may not be a nominator for more than one candidate.

(3) Even if one or more of the nominators is not qualified in accordance with this section, a nomination is valid as long as the nomination is made by at least the minimum number of qualified nominators.

Nomination documents

54 (1) A nomination must be made in writing in accordance with this section.

(2) A nomination must be signed by the nominators and must include the following information:

(a) the electoral district for which the individual is being nominated;

(b) the full name of the individual nominated;

(c) the usual name of the individual nominated, if this is different from the full name and the individual wishes to have his or her usual name on the ballot instead;

(d) the residential address of the individual nominated;

(e) if applicable, the name of the registered political party that the individual is nominated to represent;

(f) if the individual is nominated as an independent candidate and wishes to have that status indicated on the ballot, a statement requesting this;

(g) the names and residential addresses of the nominators.

(3) A nomination must be accompanied by the following:

(a) a signed declaration of each nominator that he or she is qualified as a voter for the electoral district for which the election is being held;

(b) a signed consent of the individual nominated to the nomination;

(c) a solemn declaration of the individual nominated that he or she is qualified to be nominated;

(d) in the case of an individual making a request under subsection (2) (c), a solemn declaration of the individual that the name requested to be used on the ballot is his or her usual name;

(e) in the case of an individual making a request under subsection (2) (f), a solemn declaration of the individual that he or she is independent;

(f) the appointment of the auditor in accordance with section 179 and a signed consent of the auditor to act as such;

(g) either

(i) a statement that the individual nominated is acting as his or her own financial agent, or

(ii) the appointment of an individual as financial agent in accordance with section 176 and a signed consent of the individual to act as such;

(h) the appointment of any deputy financial agents in accordance with section 178 and the signed consents of the individuals to act as such;

(i) a statement signed by the individual nominated of an address at which documents will be accepted for delivery to or service on the individual and a telephone number at which the individual can be contacted;

(j) the disclosure required by section 2 (1) of the Financial Disclosure Act.

(4) A solemn declaration required by subsection (3) may be made in advance or taken by the election official responsible when the nomination documents are delivered for filing.

(5) The chief electoral officer may require nomination documents, other than the disclosure under the Financial Disclosure Act, to be made in a form specified by the chief electoral officer.

Nomination deposit

55 (1) In order to be effective, a nomination must be accompanied by a deposit of $100.

(2) The nomination deposit under subsection (1) must be held by the chief electoral officer to be dealt with as follows:

(a) if the individual for whom it is paid receives at least 15% of the total votes accepted and counted in the election, the nomination deposit is to be returned to the financial agent of the individual;

(b) if the individual for whom it is paid dies before the close of general voting for the election, the nomination deposit is to be returned to the financial agent of the individual or to another person determined by the chief electoral officer;

(c) in other cases, the nomination deposit is forfeited and is to be paid to the consolidated revenue fund.

Nomination by filing documents with the district electoral officer

56 (1) In order to make a nomination under this section, the nomination documents required by section 54 (2) and

(3) must be received by the district electoral officer between 9 a.m. on the 22nd day before general voting day and 1 p.m. on the 13th day before general voting day.

(2) As exceptions to subsection (1),

(a) if the first day of the nomination period would otherwise fall on a holiday, the nomination period begins at 9 a.m. on the next day that is not a holiday, and

(b) if the end of the nomination period would otherwise fall on a holiday, the nomination period ends at 1 p.m. on the next day that is not a holiday.

(3) Times referred to in this section are Pacific Standard time or Pacific Daylight time, as applicable.

(4) For the purposes of this section, nomination documents must be received at the office of the district electoral officer during its regular office hours and may be received at other times and places during the nomination period as allowed by the district electoral officer.

(5) The obligation to ensure that nomination documents are received in accordance with this section rests with the individual nominated.

(6) Once all the required nomination documents and the required nomination deposit have been received, the district electoral officer must accept the documents for filing unless the individual appears from those documents to be ineligible for nomination.

(7) If nomination documents are not accepted for filing because they are defective, they may be completed, corrected or substituted before the end of the nomination period.

(8) When all the required nomination documents are accepted for filing, the district electoral officer must issue to the candidate a certificate indicating that the individual is a candidate in the election.

(9) The district electoral officer must forward the nomination deposits received under this section to the chief electoral officer.

Standing nominations filed with the chief electoral officer

57 (1) Nomination documents, other than the documents referred to in subsection (3), may be filed with the chief electoral officer at any time up until the day on which a period for filing nominations under section 56 begins for the electoral district for which the individual is nominated.

(2) The nomination deposit must be received by the chief electoral officer before nomination documents are accepted for filing under subsection (1).

(3) A nomination under this section is completed when the following documents are accepted for filing by the chief electoral officer:

(a) the disclosure required by section 2 (1) of the Financial Disclosure Act;

(b) the solemn declaration of the individual nominated that he or she is qualified to be nominated.

(4) For the purposes of this section, the documents referred to in subsection (3) may be filed with the chief electoral officer only between when the election is called and the end of the day before the nomination period begins under section 56.

(5) The obligation to ensure that nomination documents are received in accordance with this section rests with the individual nominated.

(6) Once all the required nomination documents and the required nomination deposit have been received, the chief electoral officer must accept the documents for filing unless the individual appears from those documents to be ineligible for nomination.

(7) If nomination documents are not accepted for filing because they are defective, they may be completed, corrected or substituted before the day on which the nomination period begins under section 56.

(8) When all the required nomination documents are accepted for filing, the chief electoral officer must issue to the candidate a certificate indicating that the individual is a candidate in the election.

(9) As soon as possible after the end of the period for making nominations under this section, the chief electoral officer must deliver to the applicable district electoral officer a copy of the certificate under subsection (8), a copy of the disclosure under the Financial Disclosure Act and the originals of the other nomination documents filed under this section.

(10) At any time before the individual nominated becomes a candidate, the nomination may be withdrawn by the individual nominated delivering to the chief electoral officer a withdrawal signed by the individual.

(11) If the nomination of an individual for whom nomination documents are filed under subsection (1) is not completed by the end of the period under subsection (4) for the next election for the electoral district for which the individual is nominated, the nomination is deemed to have been withdrawn under subsection (10).

Changes to nomination documents after filing

58 After nomination documents have been accepted for filing, they may be amended by the district electoral officer or the chief electoral officer on the basis of information provided by the candidate in writing, but only in relation to matters of fact that have changed since the time of filing.

Nomination documents available for public inspection

59 (1) Nomination documents filed under section 56 must be available for public inspection at the office of the district electoral officer during its regular office hours until they are sent to the chief electoral officer under subsection (4).

(2) Nomination documents filed under section 57 must be available for public inspection

(a) at the office of the chief electoral officer during its regular office hours until they are sent to the district electoral officer under section 57 (9), and

(b) at the office of the district electoral officer during its regular office hours from the time they are received from the chief electoral officer until they are returned to the chief electoral officer.

(3) A copy of the required disclosure under the Financial Disclosure Act must be made available by the district electoral officer for the purposes of subsection (1) and by the chief electoral officer for the purposes of subsection (2).

(4) The district electoral officer must send the nomination documents under subsections (1) and (2) to the chief electoral officer when returning the writ for the election.

(5) Nomination documents received by the chief electoral officer under subsection (4) must be available for public inspection at the office of the chief electoral officer during its regular office hours until one year after the return of the writ for the election.

Endorsement of candidate by registered political party

60 (1) In order for a candidate to represent a registered political party in an election, a written endorsement of the candidate signed by at least 2 principal officers of the political party must be made by one of the following means:

(a) in all cases, by filing the endorsement with the chief electoral officer before the end of the nomination period;

(b) in the case of an individual nominated under section 56, by filing the endorsement with the district electoral officer before the end of the nomination period.

(2) For a general election, an endorsement under subsection (1) (a) may be made as a single document endorsing candidates for a number of electoral districts.

(3) At any time up until the end of the nomination period, the status of a candidate as representative of a registered political party may be cancelled by

(a) the candidate delivering to the district electoral officer or chief electoral officer a written request to this effect signed by the candidate, or

(b) the registered political party delivering to the district electoral officer or chief electoral officer a written request to this effect signed by at least 2 principal officers of the political party.

(4) If a request under subsection (3) is received, the individual nominated remains a candidate but ceases to be a candidate representing the registered political party.

(5) A registered political party may not at any one time be represented by more than one candidate in an election for a single electoral district.

Declaration of candidates and election

61 (1) Immediately following the end of the nomination period under section 56, the district electoral officer must publicly declare the following:

(a) that the nomination period for the election is closed;

(b) that the individuals whose nomination documents have been accepted for filing are candidates in the election, subject only to a court order under section 66;

(c) the names of the individuals who are candidates in the election;

(d) if there is more than one candidate for the office to be filled, that an election by voting is to be held and the general voting day for that election;

(e) if there is only one candidate for the office to be filled, that the candidate is elected by acclamation.

(2) The district electoral officer must deliver a certified list of the candidates declared under subsection (1) to each of those candidates who requests it.

(3) As soon as possible after the declaration, the district electoral officer must provide the chief electoral officer with the names of the candidates, the registered political parties they represent, if applicable, and any other information the chief electoral officer directs.

(4) In the case of an election by acclamation, as soon as possible after the declaration, the district electoral officer must return the writ of election to the chief electoral officer certifying the name of the individual elected.

Notice of election by voting

62 (1) As soon as possible after the declaration of an election by voting, the district electoral officer must publish a notice of election in accordance with section 254.

(2) The notice of election must include the following information:

(a) the names of the candidates in the order and as the names will appear on the ballots;

(b) as applicable, the status of each candidate as the representative of a registered political party or as an independent candidate;

(c) the date, voting hours and voting places for general voting;

(d) the dates, voting hours and voting places for advance voting;

(e) how an individual may obtain information regarding other opportunities for voting in the election.

 
Division 2 -- Candidates

When an individual is a candidate

63 (1) An individual becomes a candidate when all the required nomination documents are accepted for filing and a certificate is issued by the district electoral officer under section 56 (8) or by the chief electoral officer under section 57 (8).

(2) A candidate continues to be a candidate until the date of the return of the writ for the election, unless the individual earlier withdraws, dies or is declared under section 66 to no longer be a candidate.

Withdrawal of candidate

64 (1) At any time up until 48 hours before the start of general voting, a candidate may withdraw from the election by delivering a signed withdrawal to the district electoral officer.

(2) The candidate's signature on a withdrawal must be witnessed by at least one other individual who must sign the withdrawal as witness.

(3) If only one candidate remains after a withdrawal, the district electoral officer must declare the candidate elected by acclamation and must as soon as possible after the declaration return the writ of election to the chief electoral officer certifying the name of the individual elected.

Death of candidate

65 (1) If a candidate dies before the end of the nomination period, the nomination period ends on whichever of the following is later:

(a) the end of the nomination period under section 56;

(b) 1 p.m. on the 6th day after the date of death.

(2) If a candidate dies between the end of the nomination period and the close of general voting,

(a) the original election proceedings under the writ for the election are cancelled and election proceedings must be started again as if the writ for the election were issued on the day on which the chief electoral officer received proof of the death, and

(b) no new nomination documents and deposit are required for a candidate in the original election proceedings and the individual is deemed to be a candidate in the continued election unless he or she withdraws.

Challenge of candidate

66 (1) The nomination of a candidate may only be challenged by an application to the Supreme Court in accordance with this section.

(2) The time period during which an application may be made is between the time the individual becomes a candidate in accordance with section 63 (1) and noon on the 4th day after the end of the nomination period.

(3) A challenge may only be made by a voter of the electoral district for which the election is being held or by another candidate for the election in the electoral district.

(4) A challenge may only be made on one or more of the following bases:

(a) that the individual is not qualified to be nominated or elected;

(b) that the nomination was not made in accordance with Division 1 of this Part;

(c) that the individual is not in fact nominated as an independent candidate, as stated in the nomination documents;

(d) that the usual name given under section 54 (2)

(c) in the nomination documents is not in fact the usual name of the individual.

(5) At the time the petition commencing a challenge is filed in the court registry, the court

(a) must set a time for the hearing that is adequate to allow the court to give its decision on the matter within the time limit established by subsection (7), and

(b) may in its discretion fix the place for the hearing.

(6) The individual making a challenge must notify affected individuals by

(a) immediately notifying the district electoral officer and the affected candidate of the challenge and of the time and place at which it will be heard by the court, and

(b) within 24 hours of commencing the application, serving on these individuals the petition, the accompanying affidavit and a notice of the time and place for the hearing.

(7) Within 72 hours after the end of the period for commencing a challenge, not including Saturdays, Sundays and other holidays, the court must hear and determine the challenge.

(8) On the hearing of a challenge, the court may issue an order

(a) confirming the individual as a candidate,

(b) declaring that the individual is not a candidate,

(c) declaring that the individual is or is not entitled to have the usual name indicated in the nomination documents used on the ballot, or

(d) declaring that the individual is not nominated as an independent candidate.

(9) For certainty, the jurisdiction of the court under this section may be exercised by a master of the court.

(10) The decision of the court on a challenge under this section is final and may not be appealed.

Candidate entitled to leave from employment

67 (1) If requested in writing by a candidate, the candidate's employer must grant the individual a leave without pay in accordance with this section.

(2) The leave may be either full time or part time, as requested by the candidate.

(3) If the leave is part time, the candidate's request must specify the days and hours of the leave.

(4) Unless ended earlier by the employee, the leave ends as follows:

(a) if the individual withdraws as a candidate, the day after that withdrawal;

(b) if the individual is declared under section 66 to no longer be a candidate, the day after that declaration;

(c) in other cases, the day after the declaration of the results of the election under section 137.

(5) Despite any other enactment and despite any agreement to the contrary, throughout the leave under this section the employee is entitled, subject to this section, to all benefits attached to the employment except pay.

(6) If the employee makes a written request to this effect before or immediately at the beginning of the leave, the employee may continue to contribute to any pension, medical or other plan beneficial to the employee in which the employee participates, as long as the employee pays both the employee's and the employer's contributions to the plan.

(7) Section 54 of the Employment Standards Act applies to a leave under this section and the services of the employee are to be considered continuous for the purposes of sections 36 and 37 and Part 5 of that Act.

(8) An employer must not, because of a leave under this section,

(a) dismiss, lay off, suspend, demote or transfer the employee, or

(b) give the employee less favourable employment conditions or diminish any benefit attached to the employment to which the employee is entitled.

(9) An employee who is affected by a contravention of this section may make a complaint to the Director of Employment Standards or the authorized representative of that official, in which case Part 11 of the Employment Standards Act applies as if the complaint were made under that Act.

(10) As an alternative to a complaint under subsection (9), an employee affected by a contravention of this section whose employment is covered by a collective agreement may have the complaint dealt with in accordance with the grievance procedure established by that agreement.

(11) Nothing in this section applies to preclude any other rights to leave that an individual may have or acquire.

Delivery of documents to candidates

68 (1) Where a document is required or authorized for the purposes of this Act to be served on a candidate, if the document is left at the address given in the nomination documents under section 54 (3) (i), the document is deemed to have been personally served on the candidate.

(2) Where a document or information is required or authorized for the purposes of this Act to be served on or otherwise given to a candidate, giving the document or information to the official agent of the candidate is deemed to be giving it to the candidate.

 
Division 3 -- Candidate Representatives

Appointment of official agent

69 (1) A candidate may appoint one individual as official agent.

(2) An individual may be appointed as both the financial agent and the official agent of the same candidate.

(3) An appointment must be made in writing, must be signed by the candidate and must include the following:

(a) the name of the individual appointed as official agent;

(b) the residential address of the individual appointed;

(c) an address at which documents will be accepted for delivery to or service on the official agent;

(d) a telephone number at which the official agent can be contacted.

(4) An appointment as official agent becomes effective when the appointment and a signed consent of the individual appointed to act as official agent are filed with the nomination documents or delivered to the district electoral officer.

Appointment of scrutineers and other candidate representatives

70 (1) A candidate or the candidate's official agent may appoint candidate representatives in accordance with this section to represent the candidate by observing the conduct of voting and counting proceedings for the election.

(2) An appointment as a candidate representative must be in writing, signed by the individual making the appointment, and include the following:

(a) the name of the individual appointed;

(b) if the individual is appointed as a scrutineer, the voting or counting proceedings for which the individual is appointed;

(c) if the individual is appointed as a candidate representative for the purpose of section 93 (2)

(d) (iv), a statement of this appointment.

Notice of candidate agents

71 (1) As soon as possible after the declaration under section 61 of an election by voting, the district electoral officer must publish a notice of candidate agents in accordance with section 254.

(2) The notice of candidate agents must include for each candidate

(a) the name and mailing address of the financial agent, and

(b) if applicable, the name of the official agent and the address at which documents will be accepted for delivery to or service on the official agent.

(3) If there is a change in the official agent or financial agent for a candidate, the district electoral officer must publish a new notice in accordance with this section respecting the candidate.

Presence of candidate representatives at election proceedings

72 (1) When requested by an election official, a candidate representative present at election proceedings must produce his or her appointment under this Division.

(2) A candidate representative must not be present at voting or counting proceedings unless he or she has made the solemn declaration to preserve the secrecy of the ballot referred to in section 93 (4).

(3) A candidate representative is entitled to inspect a voting book, list of voters or list of voter numbers being used in voting proceedings, so long as this does not interfere with the proceedings.

(4) The absence of a candidate representative from a place where election proceedings are being conducted does not invalidate anything done in the election.

 
Part 6 -- Voting

 
Division 1 -- Voting Opportunities

Voting opportunities

73 A voter for an electoral district who meets the applicable requirements may vote in an election for the electoral district by one of the following:

(a) general voting under section 96 at the general voting opportunity for the voting area in which the individual is resident;

(b) advance voting under section 97 at an advance voting opportunity for the electoral district;

(c) voting under section 98 at a special voting opportunity for the electoral district, subject to any applicable restrictions referred to in section 77 (2);

(d) absentee voting

(i) under section 99 at a general voting opportunity for a different voting area in the electoral district,

(ii) under section 100 at a general voting opportunity for another electoral district for which an election is being conducted at the same time,

(iii) under section 101 at an advance voting opportunity for another electoral district for which an election is being conducted at the same time, or

(iv) under section 98 at a special voting opportunity for another electoral district for which an election is being conducted at the same time, subject to any applicable restrictions referred to in section 77 (2);

(e) alternative absentee voting under Division 5 of this Part.

Time off from work for general voting

74 (1) An employee who is entitled to vote in an election or who, on registration, will be entitled to vote in the election is entitled to have 4 consecutive hours free from employment during voting hours for general voting.

(2) If an individual's hours of employment do not allow for the consecutive hours referred to in subsection (1), the individual's employer must allow the individual time off from employment to provide those hours.

(3) The employer may set time off required by subsection (2) as best suits the convenience of the employer.

(4) An employer must not

(a) without reasonable justification, fail to grant to an employee sufficient time off as required by subsection (2), or

(b) make a deduction in pay for the time off or exact any penalty from the employee for the time off.

(5) The following are not entitled to time off under this section:

(a) election officials and individuals employed or retained by the chief electoral officer or a district electoral officer to work on general voting day;

(b) individuals who, by reason of employment, are in such remote locations that they would be unable to reasonably reach any voting place during voting hours.

General voting opportunities for an electoral district

75 (1) As soon as reasonably possible after an election is called for an electoral district, the district electoral officer must establish the voting places for general voting by specifying a voting place for each voting area within the electoral district.

(2) A voting place for a general voting opportunity must be in or near the voting area for which it is being conducted.

(3) The voting hours for general voting are from 8 a.m. to 8 p.m. Pacific Standard time or Pacific Daylight time, as applicable, on general voting day.

Advance voting opportunities for an electoral district

76 (1) Advance voting opportunities must be held on the Wednesday, Thursday, Friday and Saturday of the week before general voting day for an election.

(2) As soon as reasonably possible after an election is called for an electoral district, the district electoral officer must establish one or more voting places for advance voting opportunities such that voters in different parts of the electoral district have a reasonable opportunity to attend at least one advance voting opportunity.

(3) The voting hours for an advance voting opportunity are from noon to 9 p.m. on each day referred to in subsection (1).

Special voting opportunities

77 (1) In order to give voters who may otherwise be unable to vote an opportunity to do so, the district electoral officer may establish one or more special voting opportunities under this section.

(2) If a special voting opportunity is within a class established by the chief electoral officer by regulation, any restrictions established by the regulation on who may vote apply.

(3) For each special voting opportunity, the district electoral officer must establish

(a) the place where the voting opportunity is to be conducted,

(b) the date of the voting opportunity, and

(c) the voting hours for the voting opportunity, such that the time established does not extend later than the time set by section 75 (3) for the close of general voting.

(4) If a special voting area is established under section 80 (4), voting under this section for the voting area is deemed to be general voting for that voting area and a general voting opportunity under section 75 is not required.

(5) If authorized by the chief electoral officer, a special voting opportunity may be held outside the boundaries of the electoral district for which the district electoral officer is responsible.

(6) The chief electoral officer may establish different procedures for voting and for conducting the voting proceedings and voter registration at a special voting opportunity from those established by or under other provisions of this Act, in which case the procedures established by the chief electoral officer apply and the others do not.

(7) Without limiting subsection (6), if authorized by the chief electoral officer, the district electoral officer may limit the number of scrutineers who may be present at a special voting opportunity, subject to the requirement that at least 2 scrutineers must be allowed to be present.

(8) If the number of scrutineers permitted to be present is limited under subsection (7), the scrutineers must be selected

(a) by agreement among the candidates in the election, or

(b) if agreement cannot be reached, by lot conducted by the district electoral officer to select the candidates, who may each designate one scrutineer to attend the special voting opportunity.

Alternative absentee voting

78 As soon as reasonably possible after the district electoral officer establishes an office for use during an election,

(a) alternative absentee voting as described in section 104, and

(b) alternative absentee voting packages as described in section 105

must be available from that office until 4 hours before the time set by section 75 (3) for the close of general voting.

Notice of voting opportunities

79 (1) The chief electoral officer must arrange for notice regarding voting opportunities to be given to voters.

(2) Without limiting the discretion of the chief electoral officer, notice may be given by one or more of the following methods:

(a) mailing to individual voters a notice indicating where they are entitled to vote;

(b) publishing notice in newspapers or other media;

(c) providing a central telephone information service.

 
Division 2 -- Arrangements for Voting

Voting areas

80 (1) The chief electoral officer must establish voting areas for each electoral district.

(2) In establishing voting areas, the chief electoral officer must

(a) consider the boundaries of municipalities, regional districts and federal electoral districts,

(b) consider any geographic or other factors that might affect the convenience of voters, and

(c) include in each voting area no more than 400 voters, as shown on the Provincial list of voters, unless the chief electoral officer considers that including a greater number will facilitate conducting voting proceedings for the voters.

(3) Without limiting the authority under subsection (1), a voting area may be established consisting of one or more areas that are not immediately adjacent to each other.

(4) The chief electoral officer may establish a special voting area for the purposes of section 77 (4) if satisfied that the voters for the voting area will have an adequate opportunity to vote under that section.

(5) If there is doubt as to the voting area to which a voter should be assigned, the voter registration official or election official authorized by the chief electoral officer must decide the matter having regard to the convenience of the voter and must inform the district registrar of voters of this decision.

(6) Voting areas may be established by the use of maps or otherwise.

(7) Notice of the boundaries of the voting areas, or of where an individual may inspect materials to determine those boundaries, must be published in the Gazette.

(8) Maps of the voting areas and, if these have been prepared under the direction of the chief electoral officer, indexes to residential addresses within the voting areas must be available for public inspection at the office of the chief electoral officer during its regular office hours.

Voting places

81 (1) So far as reasonably possible, a voting place must be in a convenient location for a majority of the voters and must be easily accessible to individuals who have a physical disability or whose mobility is impaired.

(2) A voting place must be in the electoral district unless the district electoral officer considers that another location will be more convenient for a majority of the voters.

(3) If requested by a district electoral officer, accommodation in a school that is the property of a board of school trustees under the School Act must be made available by the board for use as a voting place.

Voting stations

82 (1) A voting station is a location where an individual may vote at a voting opportunity.

(2) For each voting station there must be a ballot box, a voting officer responsible for the ballot box and another election official.

(3) For general voting, the district electoral officer must designate the voting station at which specific voters are entitled to vote at general voting, based on the voting area in which they are resident according to the list of voters for the electoral district, such that no more than 400 voters are assigned to each voting station.

(4) For a voting opportunity other than general voting, the district electoral officer must establish sufficient voting stations to accommodate the number of voters that are anticipated to attend to vote at the opportunity.

Voting screens

83 (1) For each voting place there must be one or more voting screens.

(2) The election official responsible must ensure that the voting screens are arranged in such a manner that voters may mark their ballots screened from observation by others and without interference.

(3) A notice to provide directions for voting, in the form directed by the chief electoral officer, must be at each voting screen in use.

Voting books

84 (1) The chief electoral officer must arrange for the preparation of voting books and their delivery to the district electoral officer.

(2) Separate voting books must be used for each of the following:

(a) general voting for each voting area;

(b) advance voting for the voters of the electoral district, although the same voting book may be used at more than one advance voting opportunity;

(c) absentee voting, other than alternative absentee voting, although the same voting book may be used for absentee voting at more than one voting opportunity;

(d) voting at special voting opportunities, although the same voting book may be used at more than one special voting opportunity;

(e) alternative absentee voting.

(3) A voting book for general voting must be based on the list of voters for the voting area for which it is to be used, showing the name, residential address and voter number of each voter and providing a space opposite this information for the voter's signature.

(4) A voting book, other than for general voting, must provide spaces for recording the required information.

Ballot boxes

85 (1) A ballot box must be constructed so that ballots can be inserted into it, but cannot be withdrawn unless the box is opened.

(2) Separate ballot boxes must be used for an election as follows:

(a) to keep the ballots used to vote at general voting for any one voting station separate from all other ballots used in the election;

(b) to keep ballots used to vote at advance voting for the electoral district separate from all other ballots used in the election, although the same ballot box may be used at different advance voting opportunities;

(c) to keep ballots used to vote at special voting opportunities for the electoral district separate from all other ballots used in the election, although the same ballot box may be used at different special voting opportunities;

(d) to keep ballots used for alternative absentee voting separate from all other ballots used in the election.

(3) For absentee voting other than alternative absentee voting, either a separate ballot box may be used or the ballot box used for the general, advance or special voting at that time may be used.

Ballots

86 (1) A ballot must not include any of the following:

(a) an indication that a candidate is holding or has held an elected office;

(b) a candidate's occupation;

(c) an indication of a title, honour, degree or other decoration received or held by a candidate.

(2) Ordinary ballots must be prepared in Form 2 as set out in the Schedule to this Act and must include the following:

(a) the full name of each candidate in the election or, if a candidate specified a different usual name in the nomination documents, this usual name;

(b) in the case of a candidate nominated as a representative of a registered political party, the identification of the political party filed with the chief electoral officer under section 155 (3) (c);

(c) if requested by an independent candidate in his or her nomination documents, an indication that the candidate is independent.

(3) The names of the candidates must be arranged on an ordinary ballot alphabetically by their surnames and, if 2 or more candidates have the same surname, must be arranged alphabetically in order of their first given or usual names to be used on the ballot.

(4) If 2 or more candidates

(a) have the same surnames and given names, or

(b) have names so similar that, in the opinion of the chief electoral officer, they are likely to cause confusion,

the chief electoral officer may modify the names or include additional information to assist voters to identify the candidates, subject to the restrictions under subsection (1) and the approval of those candidates, and may establish their order on the ballot.

(5) Write-in ballots must be prepared in Form 3 as set out in the Schedule to this Act to permit the voter to vote by writing in the name or political party of the candidate for whom the individual wishes to vote.

(6) If an election by voting is still required after a candidate withdraws under section 64 or an order is made under section 66 (8) (b) and the ordinary ballot papers for the electoral district have been prepared, the district electoral officer must notify each voting officer as soon as possible and, as time allows,

(a) have ballot papers prepared without the name of the individual,

(b) indicate on the ballots that the individual has ceased to be a candidate, or

(c) have posted at each voting station a notice that the individual has ceased to be a candidate.

(7) If the ordinary ballot papers for the electoral district have been prepared before an order is made under section 66 (8) (c) or (d), the district electoral officer must notify each voting officer as soon as possible and, as time allows,

(a) have ballot papers prepared in accordance with the order of the court,

(b) indicate on the ballot, as applicable, the status or usual name of the candidate in accordance with the order of the court, or

(c) have posted at each voting station a notice of the order of the court.

(8) No ballot is invalid by reason that it includes the name of an individual who is not a candidate or a name or status that is not as ordered by a court under section 66.

(9) Subject to this section, the decision of the chief electoral officer respecting the form and content of a ballot is final and may not be the subject of an application under Part 8.

Ballot papers, certification envelopes and other materials

87 (1) The chief electoral officer is responsible for arranging the preparation of ballot papers, certification envelopes and other election materials required for the conduct of voting and for their delivery to the district electoral officer.

(2) A ballot paper must be prepared in such a manner that it can be divided for use into

(a) a ballot by which an individual may vote,

(b) a numbered counterfoil to identify the ballot before it is deposited in a ballot box, and

(c) a numbered stub to provide a record of the ballots used.

(3) Ballot papers must be prepared in books of a number of ballot papers specified by the chief electoral officer.

(4) Advance voting certificates must be prepared in the form established by the chief electoral officer and must be consecutively numbered.

(5) Certification envelopes must be prepared with spaces in which the full name and residential address of the individual voting are to be recorded and with a printed declaration required of the individual who is voting that the individual

(a) is registered as a voter for the electoral district for which the individual is voting or is applying to register as such in conjunction with voting,

(b) has not previously voted in the election and will not afterwards vote again in the same election, and

(c) if applicable, is eligible to vote by alternative absentee voting.

(6) For the purpose of voting under section 106, alternative absentee voting packages must be prepared containing the following:

(a) a write-in ballot;

(b) a secrecy envelope;

(c) a certification envelope;

(d) an outer envelope on which is printed the address of the office of the election official to whom the envelopes are to be returned;

(e) instructions on how to vote by alternative absentee voting.

Assignment of election official responsibilities

88 (1) For each voting station at a voting place, the district electoral officer must assign a voting officer as the election official responsible for the ballot box and must assign another election official to assist the voting officer.

(2) As required, the district electoral officer may assign voting officers and other election officials necessary for special voting opportunities and alternative absentee voting.

(3) If a voting officer is absent from election proceedings for which the individual is responsible, the election official assigned to assist the voting officer must perform the duties and has the powers of the voting officer and, for these purposes, may appoint another individual to act as an election official for those proceedings.

(4) If an election official is absent from the applicable election proceedings, the voting officer may appoint another individual to act as an election official for those proceedings.

(5) For a voting place at which there is more than one voting station, the district electoral officer may appoint a voting officer as supervising voting officer with additional responsibilities regarding supervision of the voting place.

 
Division 3 -- Voting Proceedings

Each individual may vote only once in an election

89 An individual must not vote more than once in the same general election or by-election.

Voting to be by secret ballot

90 (1) Voting at an election must be by secret ballot.

(2) Each individual present at a place at which a voter exercises the right to vote, including individuals present to vote, and each individual present at the counting of the vote must preserve the secrecy of the ballot and, in particular, must not do any of the following:

(a) interfere with an individual who is marking a ballot;

(b) attempt to discover how an individual voted;

(c) communicate information regarding how another individual voted or marked a ballot;

(d) induce an individual, directly or indirectly, to show the ballot in a way that reveals how the individual voted.

(3) A voter may not be required in any legal proceedings to reveal how he or she voted in an election.

How to mark a ballot

91 (1) In the case of an ordinary ballot, an individual votes by making a cross in the blank space provided on the ballot opposite the name of the candidate for whom the individual wishes to vote.

(2) In the case of a write-in ballot, an individual votes by writing in the blank space provided on the ballot either

(a) the name of the candidate for whom the voter wishes to vote, or

(b) the name of the registered political party of the candidate for whom the individual wishes to vote.

(3) When providing a ballot, an election official may explain the proper method for voting by ballot and must explain this if requested by a voter or an individual assisting a voter under section 109.

Individuals who must be present at voting proceedings

92 A voting officer and another election official must be present at all times at each voting station while voting proceedings are being conducted at the voting station.

Individuals who may be present at voting proceedings

93 (1) Except as provided in this section, an individual must not be present at a voting place while voting proceedings are being conducted.

(2) The following individuals may be present at a voting place while voting proceedings are being conducted:

(a) election officials authorized to be present at the voting place;

(b) individuals who are present at the voting place for the purpose of voting, individuals in the care of an individual attending to vote or individuals assisting in voting under section 109;

(c) individuals acting as translators under section 253 at the voting place;

(d) for each candidate,

(i) the official agent of the candidate,

(ii) one scrutineer at each voting station at the voting place,

(iii) one additional scrutineer at the voting place, and

(iv) candidate representatives temporarily present at the voting place for the purpose of conveying information to and from scrutineers, to a maximum number equal to the number of voting stations;

(e) other individuals permitted to be present at the voting place by the district electoral officer or an election official authorized by the district electoral officer.

(3) Other than for the purpose of voting, a candidate must not be present while voting proceedings are being conducted.

(4) Other than an individual attending to vote, an individual in the care of an individual attending to vote or a peace officer assisting the voting officer under section 257, each individual present at a voting place while voting proceedings are being conducted and each candidate representative present at a special voting opportunity must make a solemn declaration to preserve the secrecy of the ballot in accordance with section 90.

Only one individual at a time may use a voting screen

94 (1) While a voter is using a voting screen to mark a ballot, no other individual may observe or be in a position to observe the ballot being marked.

(2) As exceptions to subsection (1),

(a) an individual assisting a voter to mark a ballot under section 109 may be present with the voter, and

(b) if the election official responsible permits, an individual who is under the care of a voter may be present with the voter.

Sealing of ballot boxes

95 (1) Before a ballot box is used for ballots, the election official responsible, in the presence of at least one witness, must inspect the ballot box to ensure that it is empty and seal it in such a manner that it cannot be opened without breaking the seal.

(2) At the end of voting for a voting opportunity, or if a ballot box becomes full while voting proceedings are being conducted, the election official responsible must seal the ballot box in a manner to prevent the addition or withdrawal of ballots.

(3) In addition to sealing by the election official responsible, candidate representatives are entitled to sign or otherwise mark the seal for the purposes of this section.

(4) A ballot box that has been sealed under subsection (2) must remain sealed and unopened until the ballots are to be counted, unless it is a ballot box for alternative absentee voting or unless it is to be used for another voting opportunity in accordance with section 85 (2).

(5) If a ballot box sealed under subsection (2) is to be used again in the election, the election official responsible must break the seal in the presence of at least one witness.

(6) A ballot box used for alternative absentee voting may be locked rather than sealed, so long as the purposes of this section are reasonably met.

(7) If, at any time that a ballot box is required to be sealed or locked under this section, it appears that there may have been tampering with the seal or lock, this must be reported to the district electoral officer and must be recorded on the ballot account for the ballot box, together with any reasons for this known to the election official responsible.

 
Division 4 -- Voting at a Voting Opportunity

General voting

96 (1) For general voting in accordance with this section, an individual must attend to vote at the general voting opportunity established for the voting area in which the individual is resident.

(2) In order to obtain a ballot for general voting, the following requirements must be met:

(a) the individual voting must sign a written declaration that he or she is entitled to vote in the election;

(b) the individual voting must sign in the voting book opposite his or her name, residential address and voter number;

(c) if the individual is registering as a voter for the electoral district in conjunction with voting, the election official responsible must add the individual's name and residential address to the list of voters being used at the voting station;

(d) if the individual requires assistance to vote, the requirements of section 109 must also be met;

(e) if the individual is challenged under section 111, the individual must also meet the requirements of that section;

(f) if it appears that another individual has already voted using the individual's name, the individual must also meet the requirements of section 112.

(3) Once the requirements referred to in subsection (2) have been met, the election official responsible must

(a) announce the name and voter number of the individual,

(b) mark the voter number of the individual

(i) on the stub and counterfoil of an ordinary ballot paper, and

(ii) sequentially on a list prepared in accordance with the directions of the chief electoral officer,

(c) remove the stub from the ballot and its counterfoil,

(d) fold the ballot, and

(e) hand to the individual the folded ballot with its counterfoil still attached.

(4) To vote after receiving a ballot, an individual must

(a) go directly to a voting screen provided,

(b) while the ballot is screened from observation, mark it in accordance with section 91,

(c) refold the ballot to conceal the names of the candidates and any mark made on the ballot by the individual,

(d) directly return the folded ballot to the election official responsible who must, without opening the ballot, confirm from the attached counterfoil that the ballot is the one that was given to the individual, and then remove and discard the counterfoil, and

(e) at the voter's choice, either

(i) accept the ballot back and deposit it in the appropriate sealed ballot box while observed by the election official, or

(ii) observe the election official deposit the ballot in the appropriate sealed ballot box.

Advance voting for an electoral district

97 (1) For advance voting in accordance with this section, an individual must attend to vote at a voting place established for advance voting for the electoral district for which the individual is a voter.

(2) In order to obtain a ballot for advance voting, the following requirements must be met:

(a) the individual voting must obtain an advance voting certificate from the election official responsible at the voting place, which must be signed and dated by that the certificate;

(b) the individual must deliver the advance voting certificate to the election official responsible for issuing ballots;

(c) the individual must sign a written declaration that he or she is entitled to vote in the election;

(d) the name, residential address and advance voting certificate number of the individual must be recorded in the voting book and the individual must sign the voting book opposite this information;

(e) if applicable, the additional requirements referred to in section 96 (2) (d) to (f) must be met.

(3) An advance voting certificate is only effective for the day it is issued.

(4) Once the requirements referred to in subsection (2) have been met, the election official responsible must

(a) announce the name of the individual,

(b) mark the advance voting certificate number on the stub and counterfoil of a ballot paper,

(c) remove the stub from the ballot and its counterfoil,

(d) fold the ballot,

(e) hand to the individual the folded ballot with its counterfoil still attached,

(f) if the ballot is a write-in ballot, provide the individual with a copy of the list of candidates, indicating the names of the candidates for the electoral district for which the individual is a voter and, as applicable, the status of the candidates as representatives of specific registered political parties or as independent candidates, and

(g) note on the advance voting certificate that it has been used to obtain a ballot.

(5) In order to vote after receiving a ballot, an individual must proceed in accordance with section 96 (4).

(6) A copy of an advance voting certificate used to vote under this section must be forwarded to the district electoral officer, who must arrange for a note of the certificate to be made in the applicable voting book to be used for general voting against the name of the individual to whom it was issued.

Voting at a special voting opportunity

98 (1) For voting at a special voting opportunity in accordance with this section, an individual must

(a) attend to vote at the time and place where the voting opportunity is being conducted, and

(b) be entitled to vote at the special voting opportunity, if any restrictions referred to in section 77 (2) on who may vote at the voting opportunity apply.

(2) Unless the time for voting is extended under section 114 or the voting opportunity is adjourned under section 256, an individual may not vote under this section after the time set by section 75 (3) for the close of general voting for the election in which the individual is voting.

(3) In order to obtain a ballot at a special voting opportunity, the following requirements must be met:

(a) the individual voting must sign a written declaration that he or she is entitled to vote in the election and, if restrictions referred to in subsection (1) (b) apply, that he or she is entitled to vote at the special voting opportunity;

(b) the name and residential address of the individual must be recorded in the voting book and the individual must sign the voting book opposite this information;

(c) except for an individual who is voting as a voter of a special voting area under section 80 (4) for which the voting opportunity is being conducted, the individual must sign the declaration printed on a certification envelope prepared for the purposes of this section;

(d) if applicable, the additional requirements referred to in section 96 (2) (d) to (f) must be met.

(4) Once the requirements of subsection (3) have been met, unless other procedures have been established under section 77, the election official responsible must

(a) announce the name of the individual,

(b) initial the stub and counterfoil of a ballot paper,

(c) remove the stub from the ballot and its counterfoil,

(d) fold the ballot,

(e) hand to the individual the folded ballot with its counterfoil still attached, and

(f) if the ballot is a write-in ballot, provide the individual with a copy of the list of candidates, indicating the names of the candidates for the electoral district for which the individual is a voter and, as applicable, the status of the candidates as representatives of specific registered political parties or as independent candidates.

(5) In order to vote after receiving a ballot, unless other procedures have been established under section 77, an individual must proceed in accordance with section 96 (4) except that, if the individual is voting in an election for another electoral district than the one for which the voting opportunity is being held, the ballot must be dealt with in accordance with section 99 (4).

Absentee voting on general voting day in a different voting area

99 (1) For absentee voting in accordance with this section, an individual must attend to vote at a general voting opportunity for another voting area in the same electoral district as the voting area in which the individual is resident.

(2) In order to obtain a ballot, the following requirements must be met:

(a) the individual voting must sign the declaration printed on a certification envelope prepared for this purpose;

(b) the name and residential address of the individual must be recorded in the voting book and the individual must sign the voting book opposite this information;

(c) if applicable, the additional requirements referred to in section 96 (2) (d) to (f) must be met.

(3) Once the requirements of subsection (2) have been met, the election official responsible must

(a) announce the name of the individual,

(b) initial the stub and counterfoil of an ordinary ballot paper,

(c) remove the stub from the ballot and its counterfoil,

(d) fold the ballot, and

(e) hand to the individual the folded ballot with its counterfoil still attached.

(4) In order to vote after receiving a ballot, an individual must proceed in accordance with section 96 (4) except that, after removing the counterfoil and before the ballot is placed in a ballot box, the election official responsible must

(a) place the ballot in a secrecy envelope,

(b) place the secrecy envelope in the certification envelope under subsection (2) (a), and

(c) mark the certification envelope as having been used to vote under this section.

Absentee voting at general voting for a different electoral district

100 (1) For absentee voting in accordance with this section, an individual must attend to vote at a general voting opportunity for another electoral district for which an election is being conducted at the same time as the election in which the individual is voting.

(2) Unless the time for voting is extended under section 114 or the voting opportunity is adjourned under section 256, an individual may not vote under this section after the time set by section 75 (3) for the close of general voting for the election in which the individual is voting.

(3) Section 99 (2) to (4) applies to voting under this section, except that

(a) the ballot to be provided is a write-in ballot, and

(b) the election official responsible must also provide the individual with a copy of the list of candidates, indicating the names of the candidates for the electoral district for which the individual is a voter and, as applicable, the status of the candidates as representatives of specific registered political parties or as independent candidates.

Absentee voting at an advance voting opportunity for a different electoral district

101 (1) For absentee voting in accordance with this section, an individual must attend to vote at an advance voting opportunity for another electoral district for which an election is being conducted at the same time as the election in which the individual is voting.

(2) Unless the time for voting is extended under section 114 or the voting opportunity is adjourned under section 256, an individual may not vote under this section after the time set by section 75 (3) for the close of general voting for the election in which the individual is voting.

(3) Section 99 (2) to (4) applies to voting under this section, except that

(a) the ballot to be provided is a write-in ballot, and

(b) the election official responsible must also provide the individual with a copy of the list of candidates, indicating the names of the candidates for the electoral district for which the individual is a voter and, as applicable, the status of the candidates as representatives of specific registered political parties or as independent candidates.

 
Division 5 -- Alternative Absentee Voting

Who may vote by alternative absentee voting

102 In order to vote under this Division, an individual must come within at least one of the following circumstances:

(a) the individual expects to be absent from British Columbia on general voting day;

(b) the individual has a physical disability, illness or injury or is an individual whose mobility is impaired;

(c) the individual expects that attending at general voting or advance voting for the election will not reasonably be possible

(i) because the individual will be in a location that is remote from a voting place,

(ii) because of weather or other environmental conditions, or

(iii) for another reason beyond the individual's control.

When an individual may vote by alternative absentee voting

103 (1) Voting under this Division must be available as soon as reasonably possible after the district electoral officer establishes an office for the purposes of the election.

(2) In order to vote under this Division, an individual who is entitled to do so must

(a) attend to vote in accordance with section 104 at the office of a district electoral officer during its regular office hours, or

(b) obtain an alternative absentee voting package in accordance with section 105 and deliver the completed materials to the district electoral officer in accordance with section 106.

Voting at the office of the district electoral officer

104 (1) An individual may attend to vote under this section

(a) at the office of the district electoral officer of the electoral district for which the individual is a voter, or

(b) at the office of the district electoral officer of another electoral district for which an election is being conducted at the same time.

(2) Voting under this section may be done at any time up until 4 hours before the time set by section 75 (3) for the close of general voting for the election in which the individual is voting.

(3) In order to vote under this section, the following requirements must be met:

(a) the individual voting must sign the declaration printed on a certification envelope prepared for this purpose;

(b) the name and residential address of the individual must be recorded in the voting book and the individual must sign the voting book opposite this information;

(c) if applicable, the additional requirements of section 96 (2) (d) to (f) must be met.

(4) Once the requirements of subsection (3) are met, section 100 (3) applies to the voting.

Obtaining an alternative absentee voting package

105 (1) To vote under this Division other than at the office of the district electoral officer under section 104, an individual must apply in accordance with this section to the district electoral officer of the electoral district for which the individual is a voter or of another electoral district for which an election is being conducted at the same time.

(2) An application under subsection (1) may be made at any time up until 4 hours before the time set by section 75 (3) for the close of general voting for the election in which the individual is voting.

(3) An individual must not apply for more than one alternative absentee voting package for an election.

(4) An application under subsection (1) must include the following:

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

(b) a statement of the circumstances under section 102 that qualify the individual to vote under this Division;

(c) an address at which the individual can be reached and to which the alternative absentee voting package is to be sent, if this is different from the residential address of the individual;

(d) if the application is made in the 10 days before general voting day and this is available, a telephone number at which the individual can be contacted.

(5) The election official responsible must mail or otherwise provide an alternative absentee voting package prepared under section 87 (6) to an applicant if satisfied that the applicant

(a) is a voter for the electoral district for which the individual is applying to vote or is entitled to register as such, and

(b) comes within at least one of the circumstances referred to in section 102.

(6) If an application under this section is made in the last 10 days before general voting day for the election in which the individual is voting, the individual requesting the package is responsible for arranging its delivery to the individual under subsection (5) unless the district electoral officer agrees otherwise.

(7) Before sending out an alternative absentee voting package, the election official responsible must

(a) remove the stub and counterfoil from the ballot paper and retain the counterfoil until the envelope is returned,

(b) record on the certification envelope

(i) the name of the applicant, and

(ii) the counterfoil number, and

(c) record in the voting book

(i) the information referred to in paragraph (b),

(ii) the residential address of the applicant, and

(iii) if this is different from the residential address, the delivery address for the applicant.

(8) The election official responsible may include and, if requested by the individual to whom the alternative absentee voting package is being provided, must include with an alternative absentee voting package an application for registration as a voter or for updating voter registration information and instructions on how to complete the application.

Voting using an alternative absentee voting package

106 (1) In order to vote using an alternative absentee voting package, an individual must do the following:

(a) mark the ballot in accordance with section 91;

(b) place the ballot in the secrecy envelope provided and seal this secrecy envelope;

(c) place the secrecy envelope in the certification envelope and seal this envelope;

(d) complete the certification envelope with the required information and, in the presence of a witness, sign the declaration printed on it for this purpose;

(e) have the certification envelope signed by the witness to the signing of the declaration under paragraph (d);

(f) place the certification envelope in the outer envelope provided;

(g) if the individual is registering as a voter in conjunction with voting or updating voter registration information, enclose in the outer envelope the application form and documents required by section 41 (2) and (3) or copies permitted by subsection (2) of this section;

(h) seal the outer envelope;

(i) forward the sealed outer envelope containing the materials referred to in the previous paragraphs to the election official address printed on it, so that it is received before the time set by section 75 (3) for the close of general voting for the election.

(2) For the purposes of satisfying the requirements referred to in subsection (1) (g), an individual may enclose copies rather than originals of documents with the application for registration or for updating voter registration information.

Receipt of alternative absentee voting packages

107 (1) An envelope that is received as required by section 106 (1) (i) before the time set by section 75 (3) for the close of general voting must be dealt with by the election official responsible as follows:

(a) immediately on receipt, the election official must open the outer envelope and record the date of receipt on the certification envelope and in the voting book opposite the information recorded under section 105 (7) (c);

(b) if, on the basis of an included application for registration, the election official is satisfied that the individual is entitled to be registered as a voter, the election official must accept the application for registration and proceed in accordance with the following paragraphs;

(c) if satisfied that the counterfoil number recorded on the certification envelope corresponds to the number recorded for that individual in the voting book, the election official must discard the counterfoil, initial the certification envelope and place it in the ballot box;

(d) if the election official is not satisfied as referred to in paragraph (b) or (c), the election official must note this on the certification envelope and in the voting book and must place the envelope in the ballot box.

(2) An envelope that is received under section 106 (1) (i) after the time set by section 75 (3) for the close of general voting must be dealt with by the election official responsible as follows:

(a) on receipt, the election official must open the outer envelope and record the date and time of receipt on the certification envelope and in the voting book opposite the information recorded under section 105 (7) (c);

(b) the election official must forward any enclosed application for registration as a voter or updating voter registration information to the applicable district registrar of voters to be dealt with as if it were received as part of general registration;

(c) the certification envelope must remain unopened and must not be considered in the initial count, the final count or any judicial recount for the election.

Special provision of alternative absentee voting packages for armed forces and others

108 (1) For the purposes of enabling voting by a group of members of the Canadian armed forces or of another specific class of individuals who, in the opinion of the chief electoral officer, are entitled to vote but are likely to be from a number of different electoral districts, the chief electoral officer may appoint a member of the group as an election official for the purposes of this section.

(2) The chief electoral officer may provide to the election official alternative absentee voting packages, a voting book, applications for registration as a voter and for updating voter registration information.

(3) The election official has the same duties and powers as a district electoral officer regarding the provision of alternative absentee voting packages, the recording of information regarding this and the acceptance of applications for voter registration and updating of voter registration information.

(4) As an exception to section 106 (1) (g), the election official has the authority to accept applications for voter registration and updating of voter registration information and the documents required under section 41 (3) do not need to be enclosed with the certification envelopes.

(5) For a ballot issued under this section to be counted as a vote, the materials referred to in section 106 (1) (i) must be received by the chief electoral officer before the time set by section 75 (3) for the close of general voting for the election in which the individual is voting.

(6) On receiving the materials referred to in subsection (5), the chief electoral officer must deal with the package in accordance with section 107 so far as possible and must forward each certification envelope to the applicable district electoral officer in time for the final count for the election.

(7) The election official must return the voting book and any unused alternative absentee voting packages to the chief electoral officer in sufficient time that the chief electoral officer is able to provide information regarding the issued alternative absentee voting packages to the applicable district electoral officer before the final count.

 
Division 6 -- Special Circumstances

Individuals needing assistance to mark their ballots

109 (1) This section applies to voters who are unable to mark a ballot because of physical disability or difficulties with reading or writing.

(2) A voter referred to in subsection (1) may be assisted in voting by an election official or by an individual accompanying the voter.

(3) An individual other than an election official must not act under this section to assist more than one voter in an election to mark a ballot under this section.

(4) As an exception to subsection (3), a voting officer may permit an individual to assist more than one member of the individual's family.

(5) In order to receive a ballot to be marked under this section, the following requirements must be met:

(a) if the individual assisting is not an election official, the individual must make a solemn declaration that he or she

(i) will preserve the secrecy of the ballot in accordance with section 90,

(ii) will mark the ballot in accordance with the wishes of the voter,

(iii) will refrain from attempting in any manner to influence the voter as to how the voter should vote, and

(iv) has not, except as permitted under subsection (4), assisted another individual under this section in the election;

(b) if assistance is needed because the voter needs a translator to be able to read the ballot and the instructions for voting, the individual assisting must make a solemn declaration in accordance with section 253 (4).

(6) The individual assisting must accompany the voter to the voting screen or other place to be used for voting and mark the ballot in accordance with the directions of the voter.

(7) Candidates and candidate representatives must not assist in marking a ballot.

(8) An individual does not vote by assisting under this section.

Individuals unable to enter a voting place

110 (1) This section applies to voters who come to a voting place to vote but who are unable to enter the voting place because of physical disability or impaired mobility.

(2) A voter referred to in subsection (1) may request to vote at the nearest location to the voting place to which the voter has access.

(3) If a request is made, the election official responsible must attend the voter at the nearest location to the voting place for the purpose of allowing the voter to meet the applicable requirements to obtain a ballot.

(4) The election official responsible must ensure that the voter's marked ballot is placed in the appropriate ballot box, taking whatever steps the official considers necessary to maintain the secrecy of the ballot.

(5) The election official responsible may temporarily suspend voting proceedings in order to allow a voter to vote under this section.

(6) Separate ballot boxes may be used for the purposes of this section.

Challenge of a voter

111 (1) An individual's right to vote at a voting opportunity or by alternative absentee voting under section 104 may be challenged in accordance with this section at any time during the procedures to obtain a ballot up until the time the individual receives the ballot.

(2) A challenge may be made

(a) only by an election official, a candidate representative or a voter for the electoral district, and

(b) only on the basis that the individual proposing to vote is not entitled to vote.

(3) In order to receive a ballot, an individual whose right to vote has been challenged must either

(a) provide evidence satisfactory to the election official responsible that the individual is entitled to vote, or

(b) make a solemn declaration before the election official responsible as to the individual's entitlement to vote.

(4) The solemn declaration required by subsection (3) (b) must state that the individual

(a) meets all the qualifications to be registered as a voter and is either registered as a voter of that electoral district or is applying to register in conjunction with voting,

(b) is entitled to vote in the election,

(c) is in fact the individual under whose name the individual is registered or registering as a voter,

(d) has not contravened section 239, and

(e) has not voted before in the same election and will not vote again in the same election.

(5) In relation to a challenge under this section, the election official responsible must record in the voting book

(a) that the individual was challenged,

(b) the name of the individual who made the challenge, and

(c) whether and how the individual challenged satisfied the requirement of subsection (3).

If another individual has already voted under a voter's name

112 (1) This section applies if a voter otherwise meets the requirements to obtain a ballot but the voting book or other election record indicates that an individual has already voted using the name of the voter.

(2) In order to obtain a ballot, the individual asserting the right to vote as the named voter must either

(a) provide evidence satisfactory to the voting officer that the individual is the named voter, or

(b) make a solemn declaration as to the individual's entitlement to vote as the named voter.

(3) The election official responsible must record in the voting book

(a) that a second ballot was issued in the name of the voter, and

(b) whether and how the individual asserting the right to vote satisfied the requirement of subsection (2).

Replacement of spoiled ballot

113 (1) If a voter spoils a ballot before it is deposited in a ballot box, the voter may obtain a replacement ballot by giving the spoiled ballot to the election official responsible.

(2) The election official responsible must immediately mark as spoiled a ballot replaced under subsection (1) and retain the spoiled ballot for inclusion with the election materials under section 126.

Time for voting extended

114 (1) If the start of voting, as set by or under this Act, is delayed at a location and the district electoral officer considers that a significant number of voters would not be able to vote without an extension under this section, the district electoral officer may extend the time for the end of the voting but the extension must not permit voting for a longer length of time than would have been permitted had voting not been delayed.

(2) As soon as possible, the district electoral officer must inform the chief electoral officer of an extension under subsection (1).

(3) If, at the time set by or under this Act for the end of voting at a location, there are individuals waiting in or in line outside the place in order to vote, those individuals are entitled to vote and the ballot box must remain unsealed until their ballots are deposited.

(4) No individuals other than those referred to in subsection (3) are entitled to vote after the time set for the end of the voting.

(5) The decision of the election official responsible as to who is or who is not entitled to vote under subsection (3) is final and may not be the basis of an application under Part 8.

 
Part 7 -- Counting of the Vote

 
Division 1 -- Initial Count

What is the initial count

115 The initial count is to be a count of the votes on the ballots for an election, other than those contained in certification envelopes.

When the initial count is to take place

116 (1) The initial count must not take place until the close of general voting for the election but must take place as soon as possible after this time.

(2) If the close of general voting is extended under section 114, the initial count for voting opportunities other than the one for which there was an extension may begin as soon as possible after the close of general voting for the other voting opportunities.

(3) If the close of general voting is extended under section 256 by an adjournment, the initial count for all voting opportunities must not begin until the close of general voting for the adjourned voting opportunity.

Where the initial count is to take place

117 (1) The initial count of ballots used for general voting must be conducted at the voting place where the general voting was conducted, unless the district electoral officer directs that the count is to take place at another location.

(2) The initial count of ballots other than those referred to in subsection (1) must be conducted at a place specified by the district electoral officer.

(3) The district electoral officer must notify the candidates of any place other than a voting place referred to in subsection (1) at which the initial count is to be conducted.

Who conducts the initial count

118 (1) The initial count of the ballots in a ballot box must be conducted by the voting officer responsible for the ballot box.

(2) The voting officer may be assisted by another election official under the direction of the voting officer, but must personally make all decisions regarding the acceptance of a vote or the rejection of a ballot.

(3) As an exception to subsection (1), if the district electoral officer considers that the voting officer will not reasonably be able to conduct the initial count, the district electoral officer may assign the voting officer's responsibilities under this Division to another election official.

Who must and may be present at the initial count

119 (1) At the initial count, for each ballot box for which the count is being separately conducted,

(a) the voting officer responsible and at least one other election official must be present,

(b) candidates in the election are entitled to be present, and

(c) each candidate is entitled to have one candidate representative present.

(2) Individuals other than those permitted by subsection (1) and other than election officials taking part in the counting may not be present during the initial count unless permitted by the district electoral officer or an election official authorized by the district electoral officer.

Proceedings on the initial count

120 (1) The initial count of the votes on ballots in a ballot box must proceed as follows:

(a) a ballot account for the ballot box is to be prepared in accordance with section 121 (1);

(b) the ballot box is to be opened by the voting officer;

(c) any certification envelopes found in the ballot box are to be removed by the voting officer and kept separate and unopened for inclusion with the other election materials as required by section 126;

(d) the remaining ballots are to be considered in accordance with sections 122 to 124;

(e) the ballot account for the ballot box is to be completed in accordance with section 121 (2);

(f) the ballots and other materials are to be packaged in accordance with section 126 for delivery to the district electoral officer.

(2) If it appears from the ballot account prepared in accordance with section 121 (1) that there are so few ballots in a ballot box that the secrecy of the ballots may be at risk, the district electoral officer may authorize the ballots in the ballot box to be combined with other ballots in another ballot box unless this would substantially delay the time at which the ballots would otherwise be counted.

(3) If ballots are combined under subsection (2),

(a) the ballot account prepared in accordance with section 121 (1) for the ballot box that contains the smaller number of ballots must be attached to the ballot account for the other ballot box, and

(b) the ballot account for the ballot box that contains the larger number of ballots must be completed for all combined ballots in the box in accordance with section 121 (2).

Ballot account for initial count

121 (1) For each ballot box, the voting officer must prepare in duplicate a ballot account with the following information:

(a) the election for which it is prepared;

(b) the voting opportunity for which the ballot box was used;

(c) the number of ordinary ballots and the number of write-in ballots provided to the voting officer for that voting opportunity;

(d) the number of ordinary ballots and the number of write-in ballots that remain unused;

(e) the number of ordinary ballots and the number of write-in ballots that were marked as spoiled and replaced under section 113;

(f) the number of ordinary ballots and the number of write-in ballots that were used in certification envelopes according to the records for the voting opportunity.

(2) After the counting under section 120 (1) (d) is complete, the voting officer must record on each duplicate ballot account

(a) the number of votes accepted for each candidate, and

(b) the number of ballots rejected.

(3) After the information is recorded under subsection (2), the duplicate ballot accounts must be signed by the voting officer and may be signed by any other individual present at the initial count who wishes to do so.

(4) One completed ballot account must be placed in the ballot box in accordance with section 126 and the other duplicate must be separately packaged and personally delivered to the district electoral officer or sent to the district electoral officer in the manner directed by the district electoral officer.

(5) The voting officer must provide a signed copy of the ballot account to each candidate or candidate representative present who requests it.

Consideration of ballots

122 (1) Each ballot to be considered on the initial count must be dealt with as follows:

(a) the voting officer must unfold the ballot;

(b) if the counterfoil of the ballot is attached, the voting officer must remove and discard the counterfoil, without examining the number on it and with care to conceal the number from other individuals present;

(c) the voting officer must consider in accordance with section 123 whether the ballot is to be accepted as a vote or whether it is to be rejected;

(d) after making the consideration, the voting officer must call out in a distinct voice, as applicable,

(i) the name of the candidate for whom the vote is recorded, if the ballot is accepted as a vote, or

(ii) that the ballot is rejected;

(e) the voting officer must place the ballot in such a manner that any candidates and candidate representatives present are able to see how the ballot is marked.

(2) The voting officer must record or have another election official record the votes for each candidate as they are counted.

(3) Once started, counting must proceed as continuously as practical.

Rules for accepting and rejecting ballots

123 (1) A ballot must be rejected if any of the following applies:

(a) the ballot physically differs from the ballots officially provided for the voting proceedings for which the counting is being conducted;

(b) there is no mark referred to in subsection (2) or (3) on it;

(c) the ballot is uniquely marked, or otherwise uniquely dealt with, in such a manner that the voter could reasonably be identified, other than is necessary for the purposes of voting by write- in ballot;

(d) the ballot is marked as voting for more than one candidate;

(e) the ballot does not clearly indicate the intention of the voter to vote for a candidate;

(f) the ballot is a write-in ballot marked for a registered political party that is not represented by a candidate in the election;

(g) the ballot is a write-in ballot marked for both a candidate and a registered political party, but the candidate is not a representative of that political party.

(2) Unless rejected under subsection (1), any of the following marks on an ordinary ballot is to be accepted and counted as a vote for the applicable candidate:

(a) a cross in or partly in the blank space provided on the ballot opposite the name of the candidate;

(b) a tick mark that is placed in the location referred to in paragraph (a);

(c) a mark other than one referred to in paragraph (a) or (b) that

(i) is placed in the location referred to in paragraph (a), and

(ii) clearly indicates the intention of the voter to vote for the candidate.

(3) Unless rejected under subsection (1), any of the following marks on a write-in ballot is to be accepted and counted as a vote for the applicable candidate:

(a) the name of the candidate marked on the ballot in accordance with section 91 (2);

(b) the name of the registered political party represented by the candidate marked on the ballot in accordance with section 91 (2);

(c) an indication of either the name of the candidate or the registered political party represented by the candidate that, although misspelled or abbreviated, clearly indicates the intention of the voter.

Objections to the acceptance of a vote or the rejection of a ballot

124 (1) A candidate or candidate representative may object to the acceptance of a vote or the rejection of a ballot.

(2) An objection must be made at the time the ballot is considered by the voting officer under section 122.

(3) The decision of the voting officer regarding the acceptance of a vote or the rejection of a ballot may not be challenged except as provided in this section and the decision may only be changed by the district electoral officer under section 136 on the final count or on a judicial recount under Division 3 of this Part.

(4) If a ballot is subject to an objection, the voting officer must

(a) record the objection on the form established by the chief electoral officer, numbering each objection with a sequential number, and

(b) mark the assigned number on the back of the ballot and initial this number.

Preliminary election results

125 (1) After the ballot account is completed under section 121 (3), the voting officer must report to the district electoral officer the number of votes accepted for each candidate and the number of rejected ballots.

(2) On the basis of the reports received under subsection (1), the district electoral officer may make public preliminary results for the election.

Packaging and delivery of election materials to district electoral officer

126 (1) After the ballot account is completed, the voting officer must separately package each of the following:

(a) ballots accepted as votes, separated for each candidate;

(b) rejected ballots;

(c) ballots that were marked as spoiled and replaced under section 113;

(d) unused ballots and the stubs of used ballots;

(e) the unopened certification envelopes separated under section 120;

(f) any applications for registration as a voter or updating voter registration information.

(2) Each package under subsection (1) must be sealed by the voting officer and marked to indicate its contents.

(3) The voting officer must place the marked packages in the ballot box together with the following:

(a) a completed ballot account;

(b) the voting book used at the voting opportunity;

(c) any marked list of voters used at the voting opportunity;

(d) if applicable, the advance voting certificates used to obtain a ballot;

(e) any other materials directed by the chief electoral officer to be included.

(4) The ballot box must then be sealed in accordance with section 95 and delivered to the district electoral officer in the manner directed by the district electoral officer.

 
Division 2 -- Final Count

What is the final count

127 (1) The final count for an election is to be a count of the votes on the ballots for an election that were not considered as part of the initial count and a determination of the results of the election based on the votes accepted in the initial count and in the final count.

(2) The final count is to be conducted by

(a) counting in accordance with section 135 the votes on ballots that were not considered as part of the initial count,

(b) if applicable, recounting in accordance with section 136 some or all of the ballots considered in the initial count, and

(c) determining the results of the election on the basis of the ballot accounts from the initial count, the counting referred to in paragraph (a) and the recounting referred to in paragraph (b).

(3) Certification envelopes containing ballots to be considered at the final count must be dealt with in accordance with section 131.

When and where the final count is to take place

128 (1) The final count must not take place before the 13th day after general voting day unless authorized by the chief electoral officer.

(2) The final count must be conducted at the office of the district electoral officer unless the district electoral officer gives notice under subsection (3) that it is to be conducted at another location.

(3) The district electoral officer must notify the candidates of the date and time when and, if this is not the office of the district electoral officer, the place where the final count and the certification envelope preparations referred to in section 131 are to be conducted.

Who conducts the final count

129 (1) The final count and the preparations under section 131 must be conducted by the district electoral officer.

(2) The district electoral officer may be assisted in the final count and preparations by other election officials and for this purpose may delegate authority under this Division to those election officials, but on the final count must personally deal with any ballots or envelopes that are subject to an objection under section 124 as it applies to section 134 or 135.

Who must and may be present at the final count and preparations

130 (1) At the final count and preparations under section 131,

(a) the district electoral officer and at least one other election official must be present,

(b) candidates are entitled to be present,

(c) each candidate is entitled to have one candidate representative present, and

(d) if ballots have been divided for the purpose of having different election officials counting them at the same time during the final count, each candidate is entitled to have one additional candidate representative present for each set of ballots that is being counted.

(2) Individuals other than election officials and those permitted to be present under subsection (1) may not be present during the final count or the preparations unless permitted by the district electoral officer.

Certification envelope preparations for final count

131 (1) Ballot boxes delivered to the district electoral officer under section 126 must be dealt with as follows:

(a) each ballot box must be opened by the district electoral officer;

(b) the election materials, other than the packages containing ballots that were considered in the initial count, must be removed from the ballot box;

(c) the ballot box must be resealed by the district electoral officer in accordance with section 95.

(2) Any package containing certification envelopes must be opened and the envelopes sorted by the following classes:

(a) certification envelopes used to vote under section 98 at a special voting opportunity;

(b) certification envelopes used to vote under section 99 by absentee voting on general voting day in a different voting area;

(c) certification envelopes used to vote under section 100 by absentee voting at general voting for a different electoral district;

(d) certification envelopes used to vote under section 101 by absentee voting at an advance voting opportunity for another electoral district;

(e) certification envelopes used to vote by alternative absentee voting under Division 5 of Part 6;

(f) certification envelopes used in any other circumstances.

(3) Certification envelopes containing ballots for different electoral districts, together with any applications for registration as a voter or updating voter registration information received in relation to them, must be sent to the applicable district electoral officer.

(4) Certification envelopes containing ballots for the electoral district and applications for registration as a voter or updating voter registration information in relation to these must be reviewed and sorted as directed by the chief electoral officer, but the certification envelopes must not be opened until the final count.

Proceedings on final count

132 (1) The final count must proceed as follows:

(a) each class of certification envelopes referred to in section 131 (2) must be considered under section 134;

(b) after a class of certification envelopes is considered under section 134, a ballot account for the class must be prepared in accordance with section 133 (1);

(c) for each class, the certification envelopes to be opened on the final count are to be dealt with in accordance with section 135;

(d) after each class of certification envelopes is dealt with under section 135, the ballot account for the class is to be completed in accordance with section 133 (2);

(e) any recount under section 136 must be conducted in accordance with that section;

(f) the district electoral officer must prepare a summary of the ballot accounts prepared on the initial and the final counts;

(g) the results of the election are to be determined on the basis of the ballot accounts prepared on the initial and final counts.

(2) If it appears from a ballot account prepared in accordance with section 133 (1) that there are so few certification envelopes of a class that the secrecy of the ballots may be at risk, the district electoral officer may authorize the certification envelopes to be combined with those of another class.

(3) If certification envelopes are combined under subsection (2),

(a) the ballot account prepared in accordance with section 133 (1) for the class that has the smaller number of certification envelopes must be attached to the ballot account for the other class, and

(b) the ballot account for the class that has the larger number of certification envelopes must be completed in accordance with section 133 (2) for all combined envelopes.

Ballot account for final count

133 (1) For each class of certification envelopes, the district electoral officer must prepare in duplicate a ballot account with the following information:

(a) the election for which it is prepared;

(b) the class of certification envelopes for which it is prepared;

(c) the number of certification envelopes considered;

(d) the number of certification envelopes to remain unopened under section 134.

(2) After the ballots in a class of certification envelopes have been dealt with under section 135, the district electoral officer must complete the ballot account with the following information:

(a) the number of votes accepted for each candidate;

(b) the number of ballots rejected;

(c) the number of secrecy envelopes that remain unopened or were resealed under section 135.

(3) After the information is recorded under subsection (2), the duplicate ballot accounts must be signed by the district electoral officer and may be signed by any other individual present at the final count who wishes to do so.

(4) The district electoral officer must provide a signed copy of a ballot account or ballot accounts summary to each candidate or candidate representative present who requests it.

Consideration of certification envelopes

134 (1) A certification envelope must remain unopened and any ballot in it must not be considered on the final count if one or more of the following applies:

(a) the envelope is not completed as required by or under this Act;

(b) the individual identified on the envelope as using the envelope to vote is not the individual to whom the envelope was issued;

(c) the individual identified on the envelope as using the envelope to vote is not entitled to vote in the election;

(d) the individual identified on the envelope as using the envelope to vote appears to be voting more than once in the election.

(2) If a certification envelope is to remain unopened under subsection (1), the election official responsible must mark this on the envelope, together with the applicable reason.

(3) A candidate or candidate representative may object in accordance with section 124 to a decision on whether or not a certification envelope is to remain unopened under subsection (1) of this section.

Consideration of ballots from certification envelopes

135 (1) After the ballot account for a class of certification envelopes is prepared, the certification envelopes other than those referred to in section 134 must be opened one at a time and dealt with as follows:

(a) if a certification envelope contains more than one secrecy envelope,

(i) the secrecy envelopes must be marked as being required to remain unopened under this provision and must be resealed in the certification envelope,

(ii) the certification envelope must be marked as having been dealt with under this provision, and

(iii) the certification envelope must not be reopened and the secrecy envelopes must remain unopened and any ballots in them must not be considered on the final count;

(b) if a certification envelope contains a ballot but no secrecy envelope, the election official responsible must place the ballot in the ballot box to be used for the final count, with care to conceal any marking on the ballot from other individuals present;

(c) if a secrecy envelope is uniquely marked, or otherwise uniquely dealt with, in such a manner that the voter could reasonably be identified, the election official responsible must open the envelope, remove the ballot and place it in the ballot box to be used for the final count, with care to conceal any marking on the envelope and ballot from other individuals present;

(d) if not otherwise dealt with under this subsection, a secrecy envelope is to be removed from its certification envelope for opening under subsection (2).

(2) The remaining secrecy envelopes referred to in subsection (1) (d) are to be opened one at a time and dealt with as follows:

(a) if a secrecy envelope contains more than one ballot,

(i) the ballots must be resealed in the secrecy envelope,

(ii) the secrecy envelope must be marked as having been dealt with under this provision, and

(iii) the secrecy envelope must not be reopened and the ballots in it must not be considered on the final count;

(b) if a secrecy envelope contains only one ballot, the ballot must be placed in the ballot box to be used for the final count;

(c) after all ballots to be considered have been placed in the ballot box, the contents of the ballot box must be mixed to ensure secrecy of the ballot.

(3) After the ballot box has been prepared in accordance with subsections (1) and (2), the final count of the ballots in it is to be completed by

(a) considering the ballots one at a time in accordance with sections 122 to 124, and

(b) completing the ballot account in accordance with section 133 (2).

Recount by district electoral officer of ballots considered in initial count

136 (1) As part of the final count, the district electoral officer

(a) may recount some or all of the ballots that were considered as part of the initial count, and

(b) if requested by a candidate or the official agent of a candidate, must recount some or all, as requested, of the ballots that were considered as part of the initial count.

(2) A recount under this section must be conducted in accordance with sections 122 to 124, with the ballots from each ballot box considered separately.

(3) At the conclusion of a recount under this section, the district electoral officer must prepare a ballot account for the recount and attach it to the ballot account from the initial count for the ballot box to which it applies.

Declaration of official election results

137 (1) At the conclusion of the final count, the district electoral officer must declare the official election results as follows:

(a) the results of the final count, as determined under section 132;

(b) the election of the candidate who received the most votes;

(c) if no candidate can be declared elected because there is an equality of votes for 2 or more candidates, or if the difference between the votes received by the candidate declared elected and the candidate with the next highest number of votes is less than 1/500 of the total ballots considered, that the results of the election are subject to a required judicial recount under section 139 (5).

(2) The results and election as declared under subsection (1) are final subject only to a judicial recount under Division 3 of this Part or a declaration under Part 8.

Preparation of election materials for delivery to chief electoral officer

138 (1) After the final count, the district electoral officer must

(a) seal the ballots and the unopened or resealed certification and secrecy envelopes in suitable packages, marking each as to its contents, place the packages in a ballot box and seal the ballot box in accordance with section 95, and

(b) package all other election materials in accordance with the directions of the chief electoral officer.

(2) Unless otherwise directed by a court, the district electoral officer must retain the election materials until the time for bringing an application for judicial recount has ended or the results of the judicial recount are determined, as applicable.

(3) At the end of the time referred to in subsection (2), the district electoral officer must deliver the election materials to the chief electoral officer in accordance with the directions of the chief electoral officer.

 
Division 3 -- Judicial Recount

Application for judicial recount by Supreme Court

139 (1) An application may be made to the Supreme Court in accordance with this section for a judicial recount of some or all of the votes on ballots for an election.

(2) Except as provided in subsection (5), an application may only be made on one or more of the following bases:

(a) that votes were not correctly accepted or ballots were not correctly rejected as required by the rules of section 123;

(b) that unopened or resealed certification or secrecy envelopes contain ballots that should be considered;

(c) that a ballot account does not accurately record the number of votes for a candidate;

(d) that the final count under Division 2 of this Part did not correctly calculate the total number of votes for a candidate.

(3) The time period during which an application may be made is limited to the period between the declaration of official election results under section 137 and 6 days after that declaration.

(4) The application may only be made by

(a) a voter for the electoral district for which the election was held,

(b) a candidate in the election or a candidate representative of a candidate in the election, or

(c) the district electoral officer.

(5) An application must be made by the district electoral officer if, at the end of the final count under Division 2 of this Part,

(a) a candidate cannot be declared elected because there is an equality of votes for 2 or more candidates, or

(b) the difference between the votes received by the candidate declared elected and the candidate with the next highest number of votes is less than 1/500 of the total ballots considered.

Notice of time and place for recount

140 (1) Within 24 hours after an application for judicial recount has been filed, the court registry must notify the individual making the application of the date, time and place at which the judicial recount is to be conducted.

(2) The date set under subsection (1) for the judicial recount must be no later than 8 days after the petition commencing the application is filed.

(3) A recount may be conducted by the court in chambers, at the office of the district electoral officer or at any other place specified by the court.

(4) The individual making the application must notify affected individuals as follows:

(a) the individual must immediately notify the district electoral officer and the candidates in the election that an application for judicial recount has been made;

(b) within 24 hours of filing the petition commencing the application, the individual must serve copies of the petition and its accompanying affidavit on the affected individuals;

(c) within 24 hours of being notified by the court registry under subsection (1), the individual must serve notice of the date, time and place of the judicial recount on the affected individuals.

(5) The individual making the application and the individuals required to be notified under subsection (4) are the parties to the judicial recount.

Individuals who may be present at a judicial recount

141 (1) The following individuals and their legal counsel are entitled to be present at a judicial recount:

(a) the individual who made the application for the recount;

(b) the district electoral officer and one other election official designated by the district electoral officer;

(c) the candidates in the election;

(d) for each candidate who is present at the judicial recount, one agent, and for each candidate who is not present, 2 agents;

(e) the chief electoral officer and an agent of the chief electoral officer.

(2) Individuals other than those referred to in subsection (1) may be present only if permitted by the court.

(3) The district electoral officer must bring or arrange for the following to be delivered to the judicial recount:

(a) all ballot accounts used for the determination of official election results under section 132;

(b) the summary of ballot accounts prepared under section 132;

(c) the ballot boxes containing the ballots and envelopes for which the recount is requested.

Judicial recount procedure

142 (1) A judicial recount must be conducted in accordance with this section.

(2) Before beginning any consideration of the ballots or envelopes for which the recount was requested, if the court determines on the basis of the summary of ballot accounts prepared under section 132 that the results of a recount, if it were conducted, would not materially affect the results of the election, the court may declare that the results of the election are those declared under section 137 and take no further action under this section.

(3) If consented to by the individual who made the application for the recount, the district electoral officer and the candidates present at the recount, the court may limit the ballots and envelopes to be considered on the recount from those for which the recount was requested.

(4) In its discretion, the court may consider other ballots and open other envelopes in addition to those for which the recount was requested, and for this purpose may require the district electoral officer to bring other ballot boxes.

(5) In conducting a recount, the court must

(a) consider ballots in accordance with sections 122 and 123 and envelopes in accordance with sections 134 and 135,

(b) confirm or change the ballot accounts in accordance with the consideration, and

(c) at the completion of the recount, declare the results of the election as determined in the judicial recount.

(6) The court may appoint individuals to assist in the recount.

(7) Unless otherwise directed by the court, until a judicial recount is completed the ballot boxes brought for the recount must remain in the custody of the court and, during a recess or adjournment of a judicial recount and after the completion of the judicial recount, the ballot boxes must be resealed in accordance with section 95.

(8) No costs may be awarded on a judicial recount unless, in the opinion of the court, a party to the judicial recount engaged in vexatious conduct or made unfounded allegations or objections.

Results of judicial recount

143 If no appeal of the results of a judicial recount is commenced under section 144 within the time permitted by that section, the Supreme Court judge who conducted the recount must issue to the district electoral officer a certificate of the results of the election.

Appeal of judicial recount

144 (1) A candidate in the election may appeal the decision of the Supreme Court under section 142 to the Court of Appeal in accordance with this section.

(2) An appeal must be commenced by filing a notice of appeal with the Court of Appeal within 2 days after the results of the judicial recount are declared under section 142 (5) (c).

(3) Within the period referred to in subsection (2), the individual bringing the appeal must give written notice of the appeal to the parties to the judicial recount and to the judge who conducted the judicial recount.

(4) The time set for the hearing of the appeal must be no later than 10 days after the registrar receives the notice of appeal.

(5) Once an appeal is commenced, the registrar of the Court of Appeal must obtain an appointment from the court for a time for hearing the appeal within the time limit set by subsection (4).

(6) In sufficient time to permit the appeal to be heard at the time set under subsection (5), the ballots or envelopes that are the subject of the appeal must be forwarded to the registrar of the Court of Appeal and the Supreme Court judge who conducted the recount must provide the Court of Appeal with a certificate of the decision on the recount.

(7) Each candidate is entitled to a copy of the certificate under subsection (6).

Procedure on appeal of judicial recount

145 (1) The individuals entitled to be present at an appeal of a judicial recount are the same as those entitled to be present at the judicial recount, and other individuals may only be present if permitted by the Court of Appeal.

(2) On the hearing of the appeal, the Court of Appeal must recount the ballots that are the subject of the appeal in accordance with section 142.

(3) At the conclusion of the appeal, the Court of Appeal must declare the results of the election in accordance with its recount and must issue to the district electoral officer a certificate of those results.

 
Division 4 -- Final Proceedings

Return of the writ of election

146 (1) If no application for a judicial recount is made, at the end of the period for making such an application, the district electoral officer must complete the writ of election in accordance with the results of the election as declared under section 137.

(2) If an application for a judicial recount is made, on receipt of the certificate of the results of the judicial recount under section 143 or the appeal under section 145 (3), the district electoral officer must complete the writ of election in accordance with the results as certified.

(3) If no candidate can be declared elected because 2 or more candidates have the same number of votes, the writ of election must indicate that no member was elected for the electoral district and that the office of the member is vacant.

(4) The district electoral officer must send the completed writ of election to the chief electoral officer in the manner directed by the chief electoral officer.

Report of results of election by chief electoral officer

147 (1) As soon as possible after the date set for the return of the writs of election for a general election, the chief electoral officer must prepare a certified report of the individuals elected to serve as members of the Legislative Assembly and must deliver this to the Clerk of the Legislative Assembly.

(2) For an election not reported under subsection (1), as soon as possible after the return of the writ for the election, the chief electoral officer must prepare a certified report of the individual elected to serve as member of the Legislative Assembly and must deliver this to the Speaker of the Legislative Assembly.

By-election if tie vote

148 (1) This section applies if the chief electoral officer is unable to report a member elected for an electoral district because 2 or more candidates had the same number of votes.

(2) As soon as possible after receiving the writ of election from the district electoral officer, the chief electoral officer must present a report to the Speaker that the office of the member is vacant, in which case a warrant for a by-election is to be issued in accordance with the Constitution Act.

Retention of election materials

149 (1) The ballots, unopened or resealed certification and secrecy envelopes, ballot accounts, voting books and lists of voters used in conducting an election, and other materials specific to the election, must be retained by the chief electoral officer

(a) for one year after general voting day for that election, or

(b) if an application to the Supreme Court has been made under Part 8, until such later time as that application is finally determined.

(2) During the retention period under subsection (1), the ballots accounts must be available for public inspection in the office of the chief electoral officer during its regular office hours.

(3) At the end of the retention period under subsection (1), the ballots and the unopened or resealed certification and secrecy envelopes must be destroyed unless otherwise ordered by a court.

 
Part 8 -- Invalid Elections

Application to court

150 (1) The right of an elected candidate to take office or the validity of an election may not be challenged except by an application under this section.

(2) An application may be made in accordance with this section to the Supreme Court for a declaration regarding the right of an individual to take office or the validity of an election.

(3) The time limit for making an application is as follows:

(a) if the application is on the basis that section 239, 240, 241 or 242 was contravened, 3 months after the date of the contravention or 30 days after the return of the writ for the election, whichever is later;

(b) in other cases, 30 days after the return of the writ for the election.

(4) An application may be made only by a candidate in the election, the chief electoral officer or a voter for the electoral district for which the election was held.

(5) An application may be made only on one or more of the following bases:

(a) that a candidate declared elected was not qualified to hold office at the time he or she was elected;

(b) that an election should be declared invalid because it was not conducted in accordance with this Act or a regulation under this Act;

(c) that an election should be declared invalid because section 239, 240, 241 or 242 was contravened.

(6) As a restriction on subsection (5) (b), an application may not be made on any basis for which an application for judicial recount may be or may have been made.

(7) The individual making the application must serve the petition on the chief electoral officer, the district electoral officer and the individuals who were candidates in the election.

(8) The individuals referred to in subsection (7) are entitled to be parties to the application.

(9) If a candidate affected by an application files a written statement renouncing all claim to the office to which the candidate was elected, the court may permit the petition for the application to be withdrawn unless it is based on an allegation that the candidate who has renounced the office contravened section 239 or 240.

(10) If the application is based on a claim that section 239, 240 or 242 was contravened, the evidence regarding that claim must be given orally by witnesses rather than by affidavit.

Power of the court on an application

151 (1) On the hearing of an application, the court may do any of the following:

(a) declare that an elected candidate is qualified to take and hold office;

(b) declare that an elected candidate is not qualified to hold office and that the office is vacant;

(c) declare that an election is confirmed as valid;

(d) declare that an election is invalid and that the office is vacant.

(2) The court must not declare an election invalid by reason only of an irregularity or a contravention of this Act or a regulation under this Act if the court is satisfied that

(a) the election was conducted in good faith and in accordance with the principles of this Act, and

(b) the irregularity or contravention did not materially affect the result of the election.

(3) The court may confirm the election of a candidate in relation to which the court finds there was a contravention of section 239, 240, 241 or 242 if the court is satisfied that

(a) the candidate did not contravene the applicable section, and

(b) the contravention did not materially affect the result of the election.

Costs of an application

152 (1) If the court declares that a candidate is not qualified to hold office or that an election is invalid, the costs, within the meaning of the Rules of Court, of the individual who made the application under section 150 must be paid promptly by the chief electoral officer.

(2) The court may order that costs to be paid under subsection (1) may be recovered from any other person as directed by the court in the same manner as a judgment of the Supreme Court.

(3) Except as provided in subsection (1), the costs of an application are in the discretion of the court.

Report to the Legislative Assembly

153 (1) As soon as possible after the final determination of an application under this Part, the chief electoral officer must present to the Speaker a report respecting the application and the decision of the court.

(2) The Speaker must lay a report under subsection (1) before the Legislative Assembly as soon as possible.

 
Part 9 -- Registration of Political Parties and Constituency Associations

 
Division 1 -- Registration

Benefits of registration

154 (1) A political party must be registered in order to

(a) be identified on a ballot,

(b) issue tax receipts, or

(c) incur election expenses.

(2) A constituency association must be registered in order to

(a) issue tax receipts, or

(b) incur election expenses.

(3) If the registration of a political party or constituency association is suspended under this Act, during the period of the suspension the organization must not do anything otherwise authorized by subsection (1) or (2).

(4) A political party or constituency association that is not registered, or an individual or organization acting on behalf of such an organization, must not do anything authorized by subsection (1) or (2) for a registered organization.

Registration of a political party

155 (1) For the purposes of this Act, a political party is an organization that has as a primary purpose the fielding of candidates for election to the Legislative Assembly.

(2) In order to be registered, a political party must

(a) file with the chief electoral officer a completed application in accordance with this section,

(b) have a financial agent appointed in accordance with section 176,

(c) have an auditor appointed in accordance with section 179, and

(d) not be prohibited under section 156 or 174 from registering.

(3) An application for registration must be signed by 2 principal officers of the political party and must include the following:

(a) the full name of the political party;

(b) the usual name of the political party, if this is different from the full name, and any abbreviations, acronyms or other names used by the political party;

(c) the name, abbreviation or acronym by which the political party proposes to be identified on ballot papers;

(d) the name of the leader of the political party;

(e) the address of the place or places where records of the political party are maintained;

(f) the address to which communications to the political party may be addressed;

(g) the names of the principal officers of the political party;

(h) the name and address of the auditor of the political party and a copy of the appointment and consent of the auditor under section 179;

(i) the name and address of the financial agent of the political party and a copy of the appointment and consent of that individual under section 176;

(j) the names and addresses of the savings institutions to be used by the political party as referred to in section 177 (2) (b);

(k) the names of the signing officers of the political party responsible for each account used by the political party as referred to in section 177 (2) (b);

(l) a statement of the assets and liabilities of the political party as of a date not earlier than 90 days before the date the application is submitted to the chief electoral officer;

(m) a solemn declaration of the financial agent of the political party as to the accuracy of the statement submitted under paragraph (l);

(n) a solemn declaration of a principal officer of the organization that it has as a primary purpose the fielding of candidates for election to the Legislative Assembly and any additional evidence necessary to satisfy the chief electoral officer of this;

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

(4) The chief electoral officer may require an application for registration under this section to be in a form specified by the chief electoral officer.

Prohibitions regarding political party names and other identifications

156 (1) A political party must not be registered if any of the forms of identification referred to in section 155 (3) (a) to (c)

(a) includes the word "independent" or "non- affiliated" or, in the opinion of the chief electoral officer, could otherwise reasonably indicate that a candidate representing the party is not affiliated with a party, or

(b) includes any matter that is prohibited by section 86 (1) from being included on a ballot.

(2) A political party must not be registered if, in the opinion of the chief electoral officer, any of the forms of identification referred to in section 155

(3) (a) to (c) is likely to be confused with such a form of identification for another political party

(a) that is currently registered,

(b) that has an earlier application for registration pending before the chief electoral officer, or

(c) that was registered at any time during the previous 10 years.

(3) During the 10 years after this section comes into force, a political party must not be registered if, in the opinion of the chief electoral officer, any of the forms of identification referred to in section 155 (3) (a) to (c) is likely to be confused with such a form of identification for another political party

(a) that was represented in the Legislative Assembly during the 10 years before the application was made, or

(b) whose name appeared on a ballot paper at any time during the 10 years before the application was made.

Registration of a constituency association

157 (1) For the purposes of this Act, a constituency association is an organization that is formed for an electoral district

(a) as the local organization of a registered political party or a political party that is currently applying for registration, or

(b) as a local organization to support an individual who is an independent member of the Legislative Assembly for the electoral district.

(2) In order to be registered, a constituency association must

(a) file with the chief electoral officer a completed application in accordance with this section,

(b) have a financial agent appointed in accordance with section 176,

(c) have an auditor appointed in accordance with section 179, and

(d) not be prohibited under section 174 from registering.

(3) An application for registration must be signed by 2 principal officers of the constituency association and must include the following:

(a) the full name of the constituency association;

(b) as applicable, the name of the registered political party of which the constituency association is the local organization or the independent member of the Legislative Assembly that it is formed to support;

(c) the address of the place or places where records of the constituency association are maintained;

(d) the address to which communications to the constituency association may be addressed;

(e) the names of the principal officers of the constituency association;

(f) the name and address of the auditor of the constituency association and a copy of the appointment and consent of the auditor under section 179;

(g) the name and address of the financial agent of the constituency association and a copy of the appointment and consent of that individual under section 176;

(h) the names and addresses of the savings institutions to be used by the constituency association as referred to in section 177 (2) (b);

(i) the names of the signing officers of the constituency association responsible for each account used by the constituency association as referred to in section 177 (2) (b);

(j) as applicable,

(i) a statement signed by a principal officer of the registered political party that the constituency association is the local organization of the political party, or

(ii) a statement signed by the independent member of the Legislative Assembly supported by the constituency association that the member endorses the application;

(k) a statement of the assets and liabilities of the constituency association as of a date not earlier than 90 days before the date the application is submitted to the chief electoral officer;

(l) a solemn declaration of the financial agent of the constituency association as to the accuracy of the statement submitted under paragraph (k);

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

(4) If an application under this section is made in conjunction with an application for registration for a political party, the constituency association must not be registered until after the political party is registered and, for the purposes of the time limits under section 158 (2), the application of the constituency association is deemed to have been received on the date the political party is registered.

(5) A registered political party or independent member of the Legislative Assembly may not have more than one registered constituency association for an electoral district, but a registered constituency association may have one or more branches within the electoral district.

(6) As an exception to subsection (5), if an enactment has been made establishing new electoral districts but the enactment does not come into force until a future time,

(a) a constituency association of a registered political party may be registered for a future electoral district even if this means that the political party has registered constituency associations for both the existing and future electoral districts, and

(b) a constituency association may be registered for a future electoral district to support the election of an individual who is an independent member of the Legislative Assembly for an existing electoral district as the member for the future electoral district, even if this means that the member is supported by registered constituency associations for both the existing and future electoral districts, so long as at least some part of the existing electoral district is the same as at least some part of the future electoral district.

(7) The chief electoral officer may require an application for registration under this section to be in a form specified by the chief electoral officer.

Processing of applications for registration

158 (1) The chief electoral officer must review each application for registration that is received to determine whether the political party or constituency association meets the requirements for registration.

(2) The determination under subsection (1) must be completed as follows:

(a) within 30 days after the application is received, unless paragraph (b) or (c) applies;

(b) if an election is called after the application is received but before the determination is completed, within 30 days after general voting day for the election;

(c) if the application is received after an election is called but before 30 days after general voting day for the election, the determination must not be completed until after general voting day but must be completed within 60 days after general voting day.

(3) If the applicant organization meets the requirements for registration, the chief electoral officer must

(a) register the organization in a register maintained by the chief electoral officer for this purpose,

(b) notify the political party or constituency association of the date on which it was registered under paragraph (a), and

(c) have notice of the registration published in the Gazette.

(4) The chief electoral officer

(a) may require the applicant organization to provide any additional information or evidence the chief electoral officer considers necessary to make the determination under subsection (1), and

(b) has the absolute discretion to determine if a political party or constituency association applying for registration is the same as one that was previously registered or is new.

(5) If the applicant organization does not meet the requirements for registration, the chief electoral officer must notify the organization in writing of the reasons for this.

(6) An organization whose application does not meet the requirements for registration may amend its application but, if the requirements for registration are not met within 30 days of its receipt of a notice under subsection (5), the application ceases to be effective.

Changes in registration information

159 (1) If there is any change in the information referred to in section 155 (3) for a registered political party or section 157 (3) for a registered constituency association, the organization must file with the chief electoral officer notice of the change within 60 days after it occurs.

(2) Notice under subsection (1) must be in writing and must be made as follows:

(a) in the case of a registered political party, the notice must be signed by 2 principal officers of the party;

(b) in the case of a registered constituency association, the notice must be signed

(i) by 2 principal officers of the constituency association, and

(ii) as applicable, by a principal officer of the registered political party of which it is the local organization or by the independent member of the Legislative Assembly that it supports.

(3) On being satisfied that a notice under subsection (2) is authorized by the organization for which it is made, the chief electoral officer must amend the register to reflect the change.

(4) On request by the chief electoral officer, a registered political party or registered constituency association must provide any information or evidence the chief electoral officer considers necessary to confirm that the information referred to in subsection (1) currently filed with the chief electoral officer is correct.

Changes in political party name or form of identification

160 (1) As a limit on the authority of a registered political party to change a form of identification referred to in section 155 (3) (a) to (c), the political party may make the change but only after receiving the approval of the chief electoral officer.

(2) For the purposes of subsection (1), the political party must apply to the chief electoral officer as provided in section 159 (2) and sections 156 and 158 apply.

Authority of principal officers

161 Where this Act requires or authorizes an action by a principal officer of a registered political party or registered constituency association, the only individuals authorized to take that action are individuals who are

(a) in fact principal officers of the organization, and

(b) identified as such in the current documents filed by the organization under this Part with the chief electoral officer or identified in documents of the organization being filed at that time under section 159.

Registers and other information to be open to the public

162 The registers under this Part and the information filed under this Act with the chief electoral officer by a political party or constituency association since the general election before the previous general election must be available for public inspection at the office of the chief electoral officer during its regular office hours.

 
Division 2 -- Deregistration and Suspension

How an organization may be deregistered

163 A political party or constituency association may be deregistered as follows:

(a) by voluntary deregistration under section 164;

(b) in the case of a constituency association, by deregistration under section 165 on the request of its registered political party or independent member of the Legislative Assembly;

(c) in the case of a constituency association, by automatic deregistration under section 166;

(d) in the case of a political party, by automatic deregistration under section 168 for failure to field candidates;

(e) by deregistration under Division 7 of Part 10 for failure to comply with that Part.

Voluntary deregistration

164 (1) A registered political party or registered constituency association may apply to the chief electoral officer for deregistration in accordance with this section.

(2) As an exception, an organization may not apply for deregistration under this section if it is subject to deregistration or suspension because

(a) it has not filed reports, or its candidates have not filed reports, in accordance with Part 10,

(b) it has election expenses greater than the amount permitted by Part 10, or

(c) it has not yet paid an applicable penalty under section 217 in relation to election expenses.

(3) An application for deregistration must be in writing and must be made as follows:

(a) in the case of a registered political party, the application must be signed by 2 principal officers of the party;

(b) in the case of a registered constituency association, the application must be signed

(i) by 2 principal officers of the constituency association, and

(ii) as applicable, by a principal officer of the registered political party of which it is the local organization or by the independent member of the Legislative Assembly that it supports.

(4) On being satisfied that an application for deregistration is authorized by the organization for which it is made, the chief electoral officer must deregister the organization.

(5) As a limit on subsection (4), if a political party applying to be deregistered is represented by a candidate in an election in progress, the chief electoral officer must not deregister the political party until after general voting day for the election.

Deregistration of constituency association on request of its political party or MLA

165 (1) The registered political party of which a registered constituency association is its local organization, or the independent member of the Legislative Assembly supported by a registered constituency association, may apply to the chief electoral officer for deregistration of the constituency association in accordance with this section.

(2) As an exception, a political party or independent member may not apply for deregistration under this section if the constituency association is subject to deregistration because it has not filed reports in accordance with Part 10.

(3) The political party or independent member must notify the constituency association before applying for deregistration under this section.

(4) An application for deregistration must be in writing and must be made as follows:

(a) in the case of an application by a registered political party, the application must be signed by 2 principal officers of the party;

(b) in the case of an application by an independent member, the application must be signed by the member.

(5) On being satisfied that an application for deregistration is authorized by the registered political party or independent member for which it is made, the chief electoral officer must deregister the constituency association.

Automatic deregistration of constituency associations

166 (1) If a political party is deregistered, the chief electoral officer must deregister all its registered constituency associations, effective the date on which the political party is deregistered.

(2) If an electoral district is abolished, the chief electoral officer must deregister all constituency associations for the electoral district.

(3) The chief electoral officer must deregister the constituency association of an independent member of the Legislative Assembly if the individual ceases to be a member of the Legislative Assembly or becomes a representative of a political party.

(4) After a general election is called, a registered constituency association in an electoral district for an individual who was an independent member of the Legislative Assembly at the time the election was called is entitled to remain registered until

(a) the end of the nomination period, if the individual is not at that time an independent candidate in the electoral district election, or

(b) the date for the return of the writ for the electoral district election, if the individual is an independent candidate in that election but is not re-elected.

(5) The chief electoral officer must deregister a constituency association referred to in subsection (4) after the applicable time under that subsection.

Automatic suspension of constituency associations

167 If the registration of a political party is suspended, registration of all its registered constituency associations is suspended, effective the date on which the political party is suspended.

Automatic deregistration of political party for failure to run candidates

168 (1) The chief electoral officer must deregister a political party following a general election if, for that general election and the immediately preceding general election, it was not represented by at least 2 candidates in one of the general elections.

(2) As an exception to subsection (1), a political party that would otherwise be deregistered under that subsection is entitled to remain registered if a candidate representing it in the current general election is elected.

(3) If, at the end of the nomination period for a general election, a political party may be subject to deregistration under this section following the election, the chief electoral officer must notify the political party of this.

(4) Deregistration under this section is effective on the date of the return of the last of the writs for the general election.

Notice of deregistration or suspension

169 (1) The chief electoral officer must specify and record in the register the effective date of the deregistration or suspension of a political party or constituency association.

(2) The chief electoral officer must give notice of a deregistration or suspension, including the effective date and the reasons for the deregistration or suspension,

(a) to the deregistered or suspended organization, and

(b) in the case of a constituency association, to the applicable registered political party or independent member of the Legislative Assembly.

(3) The chief electoral officer must also have notice referred to in subsection (2) published in the Gazette.

 
Division 3 -- Effect of Deregistration

Financial reports required on deregistration

170 (1) An organization that is deregistered must file the following financial reports with the chief electoral officer:

(a) a financial report prepared in accordance with section 206 for the period from the date of the last report under that section up to and including the last day the organization was registered;

(b) a report of the financial activity of the organization between the end of the period referred to in paragraph (a) and the date, as applicable, on which the funds of the organization are transferred under section 171 or on which the organization reports to the chief electoral officer that there are no funds to be transferred;

(c) any other financial report the chief electoral officer requires the organization to file.

(2) Sections 211 and 212 apply to a report under subsection (1) of this section.

(3) A report under subsection (1) (a) or (b) must be audited and the chief electoral officer may require that a report under subsection (1) (c) be audited.

(4) Section 213 applies for the purposes of an audit under subsection (3) of this section.

Assets of deregistered organization to be held in trust

171 (1) A political party or constituency association that is deregistered must

(a) transfer to the chief electoral officer all the funds of the organization that are not required to pay its outstanding debts, and

(b) order its financial affairs as expeditiously as possible for the purpose of complying with paragraph (a).

(2) Funds received under subsection (1), including accumulated interest, must be held in trust by the chief electoral officer to be dealt with in accordance with this Division.

Disposition of assets of a political party

172 Funds of a deregistered political party must be dealt with as follows:

(a) if the political party reregisters within 3 years of the date of its deregistration, the chief electoral officer must pay the funds to the registered political party;

(b) if the funds are not paid out under paragraph (a), the chief electoral officer must pay them to the consolidated revenue fund.

Disposition of assets of a constituency association

173 (1) Funds of a deregistered constituency association for a registered political party must be dealt with as follows:

(a) if the constituency association reregisters within 3 years of the date of its deregistration, the chief electoral officer must pay the funds to the registered constituency association;

(b) if at the end of the period referred to in paragraph (a) the constituency association has not reregistered but its political party remains registered, the chief electoral officer must pay the funds to the registered political party;

(c) if the funds are not paid out otherwise under this subsection, the chief electoral officer must pay them to the consolidated revenue fund.

(2) Funds of a deregistered constituency association for a political party that has been deregistered must be dealt with as follows:

(a) if its political party reregisters within 3 years after deregistration and the constituency association reregisters within one year after that reregistration, the chief electoral officer must pay the funds to the registered constituency association;

(b) if at the end of the one year period referred to in paragraph (a) the constituency association has not reregistered but its political party is reregistered, the chief electoral officer must pay the funds to the registered political party;

(c) if the funds are not paid out otherwise under this subsection, the chief electoral officer must pay them to the consolidated revenue fund.

(3) Funds of a deregistered constituency association for an independent member of the Legislative Assembly must be dealt with as follows:

(a) if, before the funds are paid out under paragraph (b), the individual who is or was the independent member is an independent candidate in an election for any electoral district, the chief electoral officer must pay the funds to the financial agent of the candidate for use in the election;

(b) if the funds are not paid out under paragraph (a) and the constituency association reregisters within 3 years of the date of its deregistration, the chief electoral officer must pay the funds to the registered constituency association;

(c) if the member or former member dies before the end of the period referred to in paragraph (b) and the funds are not paid out under paragraph (a), the chief electoral officer must pay the funds to the consolidated revenue fund;

(d) if the funds are not paid out otherwise under this subsection, the chief electoral officer must pay the funds to the consolidated revenue fund.

(4) As an exception to section 171, when an electoral district is abolished and a constituency association is deregistered as a result, the funds of the constituency association not required to pay its outstanding debts must be paid as follows:

(a) in the case of a constituency association for a registered political party, the chief electoral officer must pay the funds, at the option of the political party,

(i) to the political party, or

(ii) to a constituency association of the political party registered under section 157 (6) (a) for a new electoral district;

(b) in the case of a constituency association for an individual who was an independent member of the Legislative Assembly for the electoral district at the time it was abolished, the chief electoral officer must pay the funds, at the option of the individual,

(i) in accordance with subsection (3), or

(ii) to a constituency association registered under section 157 (6) (b) for the individual for a new electoral district.

Reregistration

174 (1) Unless deregistered under section 164 or 165, a political party or constituency association that has been deregistered may not apply to be reregistered until whichever of the following applies:

(a) in the case an organization that is deregistered under section 226, 2 years after the date on which the requirements referred to in sections 170 and 171 are met;

(b) in other cases, one year after the date on which the requirements referred to in sections 170 and 171 are met.

(2) In order to reregister, a political party or constituency association that has been deregistered must

(a) satisfy the chief electoral officer that it is the same organization that was previously registered,

(b) fulfill any unfulfilled requirements for the organization established by or under this Act including, without limiting this, filing reports and paying penalties and fines, unless the organization has been granted relief from the requirements under section 224, and

(c) file with the chief electoral officer a report in accordance with the directions of the chief electoral officer of political contributions received by the organization since it was deregistered.

(3) The chief electoral officer may require an organization that is applying for reregistration to file a report on its financial activities since it was deregistered.

 
Part 10 -- Election Financing

 
Division 1 -- Financial Officers

Requirement for financial agent

175 (1) The following must have a financial agent:

(a) a registered political party;

(b) a registered constituency association;

(c) a candidate;

(d) a leadership contestant.

(2) For the purposes of subsection (1),

(a) a political party or constituency association must appoint an individual as financial agent in accordance with section 176, and

(b) a candidate or leadership contestant may appoint an individual as financial agent in accordance with section 176 but, if no financial agent is appointed, the candidate or leadership contestant is his or her own financial agent.

(3) An organization or individual may not have more than one financial agent at the same time.

(4) If the appointment of a financial agent for a registered political party or registered constituency association ends for any reason, the organization must appoint a new financial agent as soon as possible.

(5) A nomination contestant, although not required to have a financial agent, must ensure that records are maintained respecting nomination contestant contributions and nomination contestant expenses to comply with the requirements of section 208 if applicable.

Appointment of financial agent

176 (1) The following are disqualified from acting as financial agent:

(a) an election official, a voter registration official or an individual who is otherwise a member of the staff of the chief electoral officer;

(b) an individual who does not have full capacity to enter into contracts;

(c) an individual who is a member of the same firm as the auditor for the appointing organization or individual, or who is a member of the firm which is that auditor;

(d) an individual who, at any time within the previous 7 years, has been convicted of an offence under this Act or the Recall and Initiative Act.

(2) The appointment of a financial agent must be made in writing and must

(a) include the name, mailing address and telephone number of the individual appointed and the effective date of the appointment,

(b) be signed, as applicable, by a principal officer of the appointing organization or by the appointing individual, and

(c) be accompanied by a signed consent of the individual appointed to act as financial agent.

(3) As soon as possible after an appointment is made under this section, the appointing organization or individual must deliver a copy of the appointment and of the financial agent's consent to act

(a) to the district electoral officer, in the case of a candidate nominated under section 56, or

(b) to the chief electoral officer in other cases.

(4) If a candidate or leadership contestant ceases to have an appointed financial agent, the individual must deliver, in accordance with subsection (3), a statement that the individual is acting as his or her own financial agent.

(5) For certainty, an individual may be the financial agent for more than one organization or individual.

Obligations of financial agent

177 (1) A financial agent must administer in accordance with this Act the finances of the organization or individual for whom the financial agent is acting.

(2) Without limiting subsection (1), a financial agent must do the following:

(a) ensure that all political contributions, income, election expenses, contestant expenses and other expenditures of the organization or individual for whom the financial agent is acting are properly recorded to allow compliance with the reporting requirements of this Act and the Income Tax Act;

(b) ensure that all money received by or on behalf of the organization or individual for whom the financial agent is acting is deposited in an account in a savings institution and that all expenditures of the organization or individual are paid from an account in a savings institution;

(c) ensure that all records required to be kept for the purposes of this Part by the financial agent or the organization or individual for whom the financial agent is acting are maintained in British Columbia;

(d) ensure that all financial records and receipts of the organization or individual for whom the financial agent is acting are retained for at least 5 years, or a longer period specified by the chief electoral officer, from the date of filing of any report under this Act required in relation to them;

(e) make every reasonable effort to ensure that every expenditure greater than $25, or a higher amount established by regulation, that is incurred by the organization or individual for whom the financial agent is acting is documented by a statement setting out the particulars of the expenditure.

(3) A financial agent is not personally liable for any liability of the organization or individual for whom the financial agent is acting unless the liability is personally guaranteed by the financial agent.

Deputy financial agent for issuing tax receipts

178 (1) A financial agent may appoint one or more individuals as deputy financial agents for the purposes of issuing tax receipts.

(2) Section 176 applies to the appointment of a deputy financial agent.

(3) For the purposes of this Part, the authority of a deputy financial agent as a deputy is limited to the issuing of income tax receipts and the receiving of political contributions for which these tax receipts are issued.

(4) A deputy financial agent has the same authority as a financial agent to issue tax receipts and the same responsibilities as a financial agent in relation to them.

Appointment of auditor

179 (1) A registered political party, registered constituency association or candidate must have an auditor appointed in accordance with this section.

(2) If the appointment of an auditor ends for any reason, the organization or candidate must appoint a new auditor as soon as possible.

(3) In order to be appointed, an auditor must be qualified to be the auditor of a reporting company under the Company Act.

(4) The following are disqualified from being appointed as an auditor:

(a) an individual who is disqualified under section 176 (1) from being a financial agent;

(b) an individual who is the financial agent of the organization or individual to be audited;

(c) a firm of which a member is the financial agent of the organization or individual to be audited, or an individual who is a member of the same firm as that financial agent.

(5) The appointment of an auditor must be made in writing and must

(a) include the name, mailing address and telephone number of the auditor appointed and the effective date of the appointment,

(b) be signed, as applicable, by a principal officer of the appointing organization or by the appointing individual, and

(c) be accompanied by a signed consent of the auditor.

(6) As soon as possible after an appointment is made under this section, the appointing organization or individual must deliver a copy of the appointment and of the auditor's consent to act

(a) to the district electoral officer, in the case of a candidate nominated under section 56, or

(b) to the chief electoral officer in other cases.

(7) For certainty, an auditor may be appointed as such for more than one organization or individual.

 
Division 2 -- Definition and Valuation of Political Contributions and Expenses

Political contributions generally

180 (1) Subject to this Division, a political contribution is an amount of money or the value of any property or services provided without compensation by way of donation, advance, deposit, discount or otherwise to any of the following:

(a) a political party;

(b) a constituency association;

(c) a candidate, in relation to that individual's candidacy;

(d) a leadership contestant, in relation to that individual's seeking of the leadership;

(e) a nomination contestant, in relation to that individual's seeking of the nomination.

(2) If property or services are

(a) provided to an organization or individual as referred to in subsection (1) (a) to (e) at less than market value, or

(b) acquired from an organization or individual as referred to in subsection (1) (a) to (e) at greater than market value,

the difference between the market value of the property or services at the time provided and the amount charged is a political contribution.

(3) Without limiting subsection (1), fees paid for conferences and conventions of a political party, including leadership conventions, and membership fees for a political party or constituency association are political contributions.

(4) The amount of any money, but not the value of any property or services, provided by an individual who is, intends to become or was a candidate, nomination contestant or leadership contestant in relation to that role is a political contribution.

(5) The value of the following is not a political contribution:

(a) services provided by a volunteer, being an individual who

(i) voluntarily performs the services,

(ii) receives no compensation in relation to the services directly or indirectly from the organization or individual to whom the services are provided, or from another organization or individual to whom the provision of such services would otherwise be a political contribution,

(iii) receives no compensation in relation to the services directly or indirectly from an organization or individual other than his or her employer, and

(iv) receives no greater compensation from his or her employer than the compensation that the individual would normally receive during the period the services were performed;

(b) property of a volunteer if it is provided or used in relation to the services of the individual as a volunteer;

(c) property or services provided by an election official, a voter registration official or any other member of the staff of the chief electoral officer in that official capacity;

(d) publishing without charge news, an editorial, an interview, a column, a letter or a commentary in a bona fide periodical publication or a radio or television program;

(e) broadcasting time provided, without charge, as part of a bona fide public affairs program;

(f) producing, promoting or distributing a publication for no less than its market value, if the publication was planned to be sold regardless of the election.

(6) The following are not political contributions, but must be reported in accordance with Division 6 of this Part:

(a) a transfer of money or other property from, or the provision of services by, a registered political party to

(i) a candidate representing the political party, or

(ii) a registered constituency association for the political party;

(b) a transfer of money or other property from, or the provision of services by, a registered constituency association to

(i) its registered political party, or

(ii) a candidate who represents its political party or who is the independent member supported by the constituency association;

(c) a transfer of money or other property from, or the provision of services by, a candidate to

(i) the registered political party represented by the candidate,

(ii) a registered constituency association for the political party represented by the candidate, or

(iii) a registered constituency association that supports the candidate as an independent member;

(d) the transfer of a surplus under section 204 (2) (a);

(e) a transfer from the chief electoral officer under Division 3 of Part 9.

Political contributions through loans and debts

181 (1) A loan to an organization or individual as referred to in section 180 (1) (a) to (e) is not a political contribution unless it is forgiven or written off.

(2) If a loan to an organization or individual as referred to in section 180 (1) (a) to (e) is made at a rate of interest that is less than the prime rate of the principal banker to the government at the time the rate of interest for the loan is fixed, the benefit of the difference between the amount of interest that would be payable at that prime rate and the amount of interest being charged for the loan is a political contribution.

(3) The amount of a debt owed as follows is a political contribution if it remains unpaid for 6 months after becoming due and no legal proceedings to recover the debt have been commenced by the creditor:

(a) a debt owed by a political party or constituency association;

(b) a debt owed by a candidate in relation to an election expense;

(c) a debt owed by a nomination contestant or leadership contestant in relation to a contestant expense.

(4) For certainty, nothing in subsection (3) affects the rights of a creditor in relation to a debt that becomes a political contribution under that subsection.

Political contributions through fundraising functions

182 (1) Except as provided in this section or if received as anonymous contributions under section 186 (1) (f), funds raised by a fundraising function for an organization or individual as referred to in section 180 (1) (a) to (e) are not political contributions.

(2) If a charge per individual is made for a fundraising function, the following rules apply:

(a) the payment of such a charge by an organization is a political contribution;

(b) if the per individual charge is greater than $50, or a higher amount established by regulation, the payment of such a charge by an individual is a political contribution;

(c) if the per individual charge is the amount referred to in paragraph (b) or less,

(i) the payment by an individual of more than $250, or a higher amount established by regulation, in respect of one or more charges is a political contribution, and

(ii) the payment by an individual of the amount referred to in subparagraph (i) or less in respect of one or more charges is not a political contribution.

(3) If the amount paid for property or services offered for sale at a fundraising function is greater than their market value, the difference between the amount paid and the market value at the time it is agreed to be paid is a political contribution.

(4) The value of property or services, or both, donated by an organization or individual for sale at a fundraising function is a political contribution unless the property or services or both, as applicable,

(a) are used for sale at the fundraising function, and

(b) have a total value that is not greater than $250 or a higher amount established by regulation.

(5) Despite subsection (2), for the purposes of section 8.1 of the Income Tax Act, the amount, if any, by which the charge per individual for a fundraising function exceeds the reasonably estimated cost of the function apportioned on a per individual basis is the political contribution in respect of that charge.

Election expenses

183 (1) Subject to this Division, an election expense is the value of property or services used during a campaign period by or on behalf of a candidate, registered constituency association or registered political party

(a) to promote or oppose, directly or indirectly, the election of a candidate, or

(b) to promote or oppose, directly or indirectly, a registered political party.

(2) For certainty, an election expense includes such an expense incurred by an individual who becomes a candidate before that individual in fact became a candidate under Part 5.

(3) A deficit incurred in holding a fundraising function during a campaign period is an election expense.

(4) The following election expenses incurred by a candidate, if they are reasonable, are personal election expenses of the candidate:

(a) payments for care of a child or other family member for whom the candidate is normally directly responsible;

(b) the cost of travelling to or within the electoral district;

(c) the cost of lodging, meals and incidental charges while travelling to or within the electoral district;

(d) the cost of renting a temporary residence if it is necessary for the election;

(e) election expenses incurred as a result of any disability of the candidate, including the cost of any individual required to assist the candidate in performing the functions necessary for seeking election;

(f) any other election expenses specified by regulation.

(5) If, during a campaign period, a candidate for a registered political party incurs nomination contestant expenses that in total exceed 10% of the candidate's election expenses limit under section 198, the excess is deemed to be election expenses of the candidate.

(6) For the purposes of subsection (5), the personal contestant expenses of the candidate are not to be included as contestant expenses.

(7) Election expenses incurred by the leader of a registered political party, other than those election expenses directly related to that individual as a candidate in an electoral district, are election expenses of the registered political party.

(8) The value of the following is not an election expense:

(a) services and property referred to in section 180 (5);

(b) services provided by a candidate in relation to that individual's candidacy and goods produced by a candidate in relation to that individual's candidacy from the property of the candidate;

(c) goods produced by an individual as a volunteer from the property of the individual.

Contestant expenses

184 (1) A contestant expense in relation to a leadership contestant is the value of property or services used by or on behalf of the leadership contestant to promote or oppose, directly or indirectly, the selection of a leadership contestant as leader of a registered political party.

(2) A contestant expense in relation to a nomination contestant is the value of property or services used by or on behalf of the nomination contestant to promote or oppose, directly or indirectly, the selection of a nomination contestant as the candidate to represent a registered political party.

(3) A deficit incurred in holding a fundraising function for or on behalf of a nomination contestant or a leadership contestant is a contestant expense.

(4) The following contestant expenses incurred by a nomination or leadership contestant, if they are reasonable, are personal contestant expenses of the contestant:

(a) payments for care of a child or other family member for whom the contestant is normally directly responsible;

(b) the cost of travelling to or within the electoral district in the case of a nomination contestant, and within British Columbia in the case of a leadership contestant;

(c) the cost of lodging, meals and incidental charges while travelling as referred to in paragraph (b);

(d) the cost of renting a temporary residence if it is necessary for seeking the nomination or leadership;

(e) contestant expenses incurred as a result of any disability of the contestant, including the cost of any individual required to assist the contestant in performing the functions necessary for seeking the nomination or leadership;

(f) any other contestant expenses specified by regulation.

(5) Except as provided in section 183 (5), a nomination contestant expense is not an election expense.

(6) The value of the following is not a contestant expense:

(a) services and property referred to in section 180 (5);

(b) services provided by a contestant and goods produced by a contestant from the property of the contestant;

(c) goods produced by an individual as a volunteer from the property of the individual.

General valuation rules

185 (1) The rules in this section apply for the purpose of determining the value of a political contribution, election expense or contestant expense unless otherwise expressly provided.

(2) The value of any property or services is

(a) the price paid for the property or services, or

(b) the market value of the property or services, if no price is paid or if the price paid is lower than the market value.

(3) If the property is a capital asset, the value of the property is the market value of using the property.

(4) For the purposes of this Part, the value of free advertising space in a periodical publication and free broadcasting time provided to a candidate in an election, if the space or time is also made available on an equitable basis to all other candidates in the election, is to be considered nil.

 
Division 3 -- Making and Accepting Political Contributions

Restrictions on making political contributions

186 (1) An individual or organization must not do any of the following:

(a) make a political contribution to an organization or individual required to have a financial agent except by making it to the financial agent or an individual authorized in writing by the financial agent;

(b) make a political contribution without disclosing to the individual required to record the contribution under section 190 the information that the individual is required to record;

(c) make a political contribution of money in an amount greater than $100, or a higher amount established by regulation, except by means of

(i) a cheque with the name of the contributor legibly shown on it and drawn on an account in the contributor's name maintained in a savings institution,

(ii) a money order with the name of the contributor legibly shown on it and signed by the contributor, or

(iii) a credit card in the name of the contributor, evidenced by an authorization for the payment with the name of the contributor legibly shown on it and signed by the contributor;

(d) make a political contribution with the money, other property or services of another;

(e) make a political contribution indirectly by giving money, other property or services to an individual or organization

(i) for that individual or organization to make as a political contribution, or

(ii) as consideration for that individual or organization making a political contribution;

(f) make an anonymous political contribution unless the contribution

(i) is provided in response to a general solicitation for funds at a function held on behalf of or in relation to the affairs of the organization or individual to whom the contribution is provided, and

(ii) has a value of less than $50 or a higher amount established by regulation.

(2) As exceptions to subsection (1) (d) and (e),

(a) an individual or organization may make a political contribution indirectly by providing compensation to an individual who provides services that are a political contribution, in which case the individual or organization providing the compensation is the contributor for the purposes of this Act, and

(b) an individual may make a political contribution with the money of another individual, but must disclose to the individual required to record the contribution under section 190 the full name and address of the individual whose money is being used.

(3) An unregistered political party or unregistered constituency association must not make a political contribution.

Restrictions on accepting political contributions

187 (1) An organization or individual required to have a financial agent must not accept political contributions except through the financial agent or an individual authorized in writing by the financial agent.

(2) A financial agent or an individual authorized under subsection (1) must not accept a political contribution that the financial agent or authorized individual has reason to believe is made in contravention of this Act.

(3) If an individual authorized under subsection (1) becomes aware that a political contribution may have been made in contravention of the Act, the individual must immediately inform the financial agent.

Limits on anonymous contributions

188 (1) A registered political party or registered constituency association must not accept in any calendar year more than $10 000, or a higher amount established by regulation, in permitted anonymous contributions under section 186 (1) (f).

(2) A candidate, leadership contestant or nomination contestant must not, in relation to any one election or contest, accept more than $3 000, or a higher amount established by regulation, in permitted anonymous contributions under section 186 (1) (f).

(3) An organization referred to in subsection (1) or an individual referred to in subsection (2), or an organization or individual acting on behalf of any of these, must not accept an anonymous political contribution if this will exceed the applicable limit under this section.

Prohibited contributions must be returned

189 (1) If a financial agent becomes aware that a political contribution was made or accepted in contravention of this Act, the financial agent must return to the contributor

(a) the political contribution, or

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

within 30 days after the financial agent becomes aware of the contravention.

(2) If a financial agent is not able to comply with subsection (1), as soon as practicable the financial agent must instead pay the amount referred to in that subsection to the chief electoral officer for payment to the consolidated revenue fund.

(3) A financial agent must use his or her best efforts to obtain and destroy the contributor's copy of any tax receipt issued for a political contribution referred to in subsection (1).

(4) If a financial agent is unable to destroy the copy of the tax receipt referred to in subsection (3), the financial agent must notify the Commissioner of Income Tax under the Income Tax Act.

(5) If an account maintained by a financial agent for a candidate or leadership contestant contains insufficient funds to make a payment required under subsection (1) or (2), the individual for whom the financial agent is appointed must provide the necessary funds to meet the deficiency.

Financial agent must record each political contribution

190 (1) For the purposes of complying with the reporting requirements of Division 6 of this Part, a financial agent must record the following for each political contribution made to the organization or individual for whom the financial agent is acting:

(a) the value of the contribution;

(b) the date the contribution was made;

(c) the full name and address of the contributor;

(d) the class of the contributor as described in subsection (2);

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

(i) who are directors of the organization, or

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

(f) in the case of a contribution referred to in section 186 (2) (b), the full name and address of the individual whose money was used to make the contribution.

(2) Contributors must be classified as follows:

(a) individuals;

(b) corporations;

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

(d) trade unions;

(e) non-profit organizations;

(f) other contributors.

(3) As an exception in the case of anonymous contributions permitted under section 186 (1) (f), the financial agent must record the following:

(a) a description of the function at which the contributions were collected;

(b) the date of the function;

(c) the number of people in attendance at the function;

(d) the total amount of anonymous contributions accepted.

(4) In the case of a loan referred to in section 181 (2), at the time the loan is made the financial agent must record the following:

(a) the information referred to in subsection (1) (b) to (e);

(b) the amount of the loan;

(c) the rate of interest charged for the loan.

(5) For a fundraising function held by or on behalf of an organization or individual, the financial agent must record the following:

(a) a description of the function;

(b) the date of the function;

(c) the cost, the gross income and the net income or loss arising from the function.

Income tax receipts for political contributions

191 (1) A financial agent or deputy financial agent must not issue tax receipts except in accordance with this Act and section 8.1 of the Income Tax Act.

(2) Before income tax receipts are issued in respect of a registered political party, registered constituency association or candidate, the financial agent of the organization or individual must receive from the chief electoral officer an identity number that must be included on all income tax receipts issued for the organization or individual.

(3) The financial agent of a candidate for a registered political party must provide to the financial agent of the political party a copy of each tax receipt issued for a political contribution to the candidate.

 
Division 4 -- Incurring Election and Contestant Expenses

Restrictions on who may incur election and contestant expenses

192 (1) An organization or individual who is not authorized by this section must not incur an election expense or a leadership contestant expense.

(2) A registered political party or registered constituency association must not incur an election expense except through its financial agent or an individual authorized in writing by the financial agent.

(3) A candidate must not incur an election expense, and a leadership contestant must not incur a contestant expense, except through his or her financial agent or an individual authorized in writing by the financial agent.

(4) An individual must not pay an election expense or a leadership contestant expense unless

(a) the payment is made out of the property of the organization or individual for whom it is incurred, and

(b) the individual paying the expense is the financial agent or an individual authorized in writing by the financial agent.

(5) As an exception, subsections (3) and (4) (b) do not apply to personal election expenses and personal contestant expenses.

Restrictions on who may incur expenses equivalent to election expenses

193 (1) Except as permitted under subsection (2) or (3), an individual or organization must not incur, directly or indirectly, an expense that would be an election expense if it were incurred on behalf of a candidate, registered political party or registered constituency association.

(2) An individual may incur an expense referred to in subsection (1) if both the following requirements are met:

(a) the expense must be incurred for the purpose of

(i) gaining support for views held by the individual on an issue of public policy, or

(ii) advancing the aims of an organization, other than a political party or an organization of a partisan political character, of which the individual is a member and on whose behalf the expense is incurred;

(b) the expense must be incurred in good faith and not for any purpose related to the provisions of this Act limiting the value of election expenses that may be incurred by a candidate or registered political party.

(3) An organization may incur an expense referred to in subsection (1) if all the following requirements are met:

(a) the organization must not be a political party or an organization of a partisan political character;

(b) the expense must be incurred for the purpose of

(i) gaining support for views held by the organization on an issue of public policy,

(ii) advancing the aims of the organization, or

(iii) advancing the aims of another organization, other than a political party or an organization of a partisan political character, of which the organization is a member and on whose behalf the expense is incurred;

(c) the expense must be incurred in good faith and not for any purpose related to the provisions of this Act limiting the value of election expenses that may be incurred by a candidate or registered political party.

Time limit for demanding payment of election expenses

194 (1) The creditor of an election expense is not entitled to be paid unless a claim for the amount owing is submitted to the appropriate financial agent within 60 days after general voting day.

(2) As an exception to subsection (1), if the creditor in respect of an election expense dies within the 60 day period referred to in that subsection before having made a claim, the time limit for making the claim is extended to 30 days after the date the personal representative of the creditor is authorized to administer the estate of the creditor.

 
Division 5 -- Election Expenses Limits

Election expenses in excess of limits prohibited

195 (1) A registered political party, registered constituency association or candidate must not incur an election expense if this will result in the election expenses of the organization or individual exceeding the applicable election expenses limit.

(2) A registered political party, a registered constituency association or a candidate must not incur an election expense in cooperation with an organization or individual if this will result in an organization or individual subject to an election expenses limit exceeding that limit.

Calculation of the number of voters for the purpose of determining limits

196 (1) For the purpose of determining an election expenses limit, the number of voters for an electoral district is the number shown on the revised list of voters for the electoral district prepared under section 47 (4).

(2) As an exception to subsection (1), if the number of voters for the electoral district determined under that subsection is less than the number of voters shown on the preliminary list of voters prepared under section 47 (3), the number of voters for the electoral district is the number shown on the preliminary list of voters.

Election expenses limit for registered political parties

197 (1) The total value of election expenses incurred by a registered political party during a campaign period for a general election must not exceed the limit calculated by multiplying

(a) the applicable amount under section 203, and

(b) the number of registered voters for those electoral districts in which the political party has a candidate on general voting day.

(2) The total value of election expenses incurred by a registered political party during a campaign period for a by-election in which the party has a candidate on general voting day must not exceed the limit calculated by multiplying

(a) the applicable amount under section 203, and

(b) the number of registered voters for the electoral district for which the election is held.

Election expenses limit for candidates

198 (1) In the case of an electoral district for which there are 25 000 or fewer registered voters, the total value of election expenses incurred by a candidate during a campaign period must not exceed the applicable amount under section 203.

(2) In the case of an electoral district for which there are more than 25 000 registered voters, the total value of election expenses incurred by a candidate during a campaign period must not exceed the total of

(a) the amount permitted by subsection (1), and

(b) the applicable amount under section 203 for each registered voter for the electoral district in excess of 25 000.

(3) Subject to subsection (4), if an electoral district has an average of fewer than 2 registered voters for each square kilometre, the limit on election expenses under subsection (1) or (2), as applicable, is increased by the amount calculated by multiplying

(a) the applicable amount under section 203, and

(b) the total number of square kilometres in the electoral district.

(4) The maximum increase in the limit on election expenses under subsection (3) is 25% of the limit determined under subsection (1) or (2), as applicable.

(5) If a campaign period is extended under section 65 (2) as a result of the death of a candidate, the election expenses limit under subsections (1) to (4) of this section

(a) applies to a candidate who is nominated after the date the new election proceedings are started, and

(b) is increased to 150% of that limit for a candidate who was nominated before the new election proceedings were started.

Constituency association expenseson behalf of candidate

199 (1) A registered constituency association must not incur an election expense unless both of the following requirements are met:

(a) the election expense must be incurred, as applicable, on behalf of the individual who is selected to be nominated as the candidate for its registered political party or on behalf of the independent member it is supporting;

(b) the election expense must be incurred during the period between when the election is called and when the individual referred to in paragraph (a) becomes a candidate within the meaning of section 63.

(2) Within 60 days after general voting day, the financial agent of a constituency association that incurs election expenses under this section must deliver to the financial agent of the candidate a report of those election expenses.

(3) An election expense incurred by a constituency association under this section must be included in the election expenses of the candidate on whose behalf it was incurred.

Political party expenses on behalf of candidate

200 (1) If a registered political party incurs an election expense for the primary purpose of promoting the election of a particular candidate, the election expense is deemed to be an election expense incurred on behalf of the candidate.

(2) Subsection (1) does not apply to an election expense incurred for the primary purpose of promoting the election of the leader of a registered political party.

(3) Within 60 days after general voting day, the financial agent of a registered political party that incurs an election expense to which subsection (1) applies must deliver to the financial agent of the candidate a report of that election expense.

(4) An election expense to which subsection (1) applies must be included in the election expenses of the candidate on whose behalf it is deemed to have been incurred.

New limits if by-election cancelled by general election

201 If a by-election is cancelled because a general election is called, any election expenses incurred for the by- election are not to be included in calculating the limits under this Division on election expenses for the election conducted as part of the general election.

Expenses not to be included in calculating amounts subject to limit

202 (1) The following expenses are not to be included as election expenses for the purpose of determining whether an organization or individual has complied with an election expenses limit:

(a) the nomination deposit of a candidate;

(b) personal election expenses of a candidate;

(c) legal or accounting services provided to comply with this Act;

(d) services provided by a financial agent or auditor in that capacity;

(e) the cost of any communication that a registered political party or a registered constituency association sends exclusively to its members;

(f) expenses incurred in holding a fundraising function if no deficit is incurred;

(g) expenses incurred exclusively for the day-to-day administration of a registered political party or a registered constituency association;

(h) interest on a loan for election expenses to a candidate, registered constituency association or registered political party;

(i) expenses prescribed for the purposes of this section by regulation.

(2) For certainty, an election expense that is not included for the purpose of calculating whether there has been compliance with a limit under this Division remains an election expense and is subject to all other provisions of this Act.

Limits and adjustment to reflect changes in consumer price index

203 (1) For an election that is called between when this section comes into force and January 1 in the next year, the following are to be used as the amounts for determining the limits on election expenses:

(a) under section 197 (1) (a) in relation to election expenses incurred by registered political parties, $1.25;

(b) under section 198 (1) in relation to election expenses incurred by a candidate, $50 000;

(c) under section 198 (2) (b) in relation to election expenses incurred by a candidate for an electoral district for which there are more than 25 000 registered voters, $0.50;

(d) under section 198 (3) (a) in relation to election expenses incurred by a candidate for a sparsely populated electoral district, $0.30.

(2) For each election that is called after the time period referred to in subsection (1), before the end of the nomination period for the election the chief electoral officer must establish the applicable amounts for the election by

(a) determining the ratio between the consumer price index at the end of that time period and the consumer price index at the time the election was called, and

(b) applying the ratio to adjust the amounts under subsection (1).

(3) The chief electoral officer must

(a) have notice of adjusted amounts under this section published in the Gazette, and

(b) give notice of them to the candidates in the election, the registered political parties represented by those candidates and the registered constituency associations for the electoral district.

(4) For the purpose of making an adjustment under this section, the chief electoral officer has the discretion to determine whether to use a consumer price index prepared by the director under the British Columbia Statistics Act or published by Statistics Canada under the Statistics Act (Canada) and to determine which consumer price index is applicable for a particular time.

Transfer of candidate's surplus election funds

204 (1) If, after the payment of a candidate's election expenses and any other reasonable expenses incidental to the candidacy, there is a balance remaining in an account referred to in section 177 (2) (b) for the candidate, the financial agent of the candidate must as soon as possible pay the balance as follows:

(a) in the case of a candidate that represented a registered political party, the surplus must be paid

(i) to the registered constituency association for the registered political party in the electoral district, if there is one,

(ii) to the registered political party if there is no registered constituency association, or

(iii) to the chief electoral officer if the political party is no longer registered;

(b) in the case of a candidate elected as an independent member of the Legislative Assembly, the surplus must be paid

(i) to the registered constituency association for the independent member, if there is one, or

(ii) to the chief electoral officer if there is no registered constituency association;

(c) in the case of a candidate not referred to in paragraph (a) or (b), the surplus must be paid to the chief electoral officer.

(2) Funds received by the chief electoral officer under subsection (1), including accumulated interest, must be held in trust by the chief electoral officer to be dealt with as follows:

(a) if the candidate in respect of whom they were paid is a candidate within the meaning of section 63 for any electoral district in the next general election or in a by-election called before that time, the chief electoral officer must pay the funds to the financial agent of the candidate for use in the election;

(b) if the funds are not paid out under paragraph (a), the chief electoral officer must pay the funds to the consolidated revenue fund.

 
Division 6 -- Reporting

Reporting of information regarding political contributions

205 (1) Where this Act requires that political contributions be disclosed in a report, the report must include the following:

(a) for each contributor who, during the period covered by the report, made one or more political contributions that in total have a value of more than $250, or a higher amount established by regulation, the information required to be recorded under section 190 (1), other than the address of an individual;

(b) for anonymous contributions, the information required to be recorded under section 190 (3);

(c) for contributions not referred to in paragraph (a) or (b), the aggregate value of the political contributions received and the total number of contributors from whom they were received.

(2) On request by the chief electoral officer, a contributor must file with the chief electoral officer a solemn declaration that the contributor has not contravened this Part.

Annual financial reports by registered political parties and constituency associations

206 (1) The fiscal year of a registered political party or registered constituency association must be the calendar year.

(2) By March 31 in each year, the financial agent must file with the chief electoral officer, on behalf of the appointing organization, a financial report respecting the previous calendar year.

(3) An annual financial report under subsection (2) must be in the form prescribed by regulation and must include the following information:

(a) the political contributions the organization accepted during the year;

(b) the total amount of all tax receipts issued for contributions received during the year;

(c) the assets, liabilities and surplus or deficit of the organization at the end of the year;

(d) any transfers of money, as referred to in section 180 (6), made or received by the organization during the year;

(e) for fundraising functions held by or on behalf of the organization during the year, the information recorded under section 190 (5);

(f) any income received and any expenditures made or incurred by the organization during the year, if these are not otherwise disclosed in the report;

(g) any loans or guarantees received by the organization during the year and any conditions attached to them, including for loans referred to in section 181 (2) the information recorded under section 190 (4) other than the address of an individual;

(h) any loans referred to in section 181 (2) received before the year for which the report is made if there is an outstanding balance, indicating for each the information recorded under section 190 (4) other than the address of an individual;

(i) any political contributions received during the year by the organization but returned or otherwise dealt with in accordance with section 189;

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

(4) If applicable, income and expenditures must be reported by class as prescribed by regulation.

(5) The first report of an organization under this section must include the information referred to in subsection (3) for the period between the date of the statement of the assets and liabilities of the organization included in its application for registration and the end of the fiscal year for which the report is made.

Personal expenses reports by candidates and leadership contestants

207 (1) A candidate who is not acting as his or her own financial agent must, within 60 days after general voting day, provide to the financial agent a report of the candidate's personal election expenses and, if applicable, personal contestant expenses.

(2) A leadership contestant who is not acting as his or her own financial agent, must, within 60 days after a leader is selected for the political party, provide to the financial agent a report of his or her personal contestant expenses.

(3) A report under this section must set out the details of the personal election expenses or personal contestant expenses incurred by the individual for whom it is prepared and must be in the form prescribed by regulation.

(4) If an individual required to provide a report under this section dies before the report is provided, the financial agent must make every reasonable effort to prepare the required financing report on behalf of the individual.

Election financing reports by candidates

208 (1) Within 90 days after general voting day for an election, the financial agent of a candidate must file with the chief electoral officer, on behalf of the candidate, an election financing report in accordance with this section.

(2) The election financing report must be in the form prescribed by regulation and must include the following information:

(a) the election expenses incurred by the candidate, showing separately those election expenses that are not included for the purposes of determining whether the candidate exceeded the applicable election expenses limit;

(b) the political contributions accepted by the candidate in relation to that individual's candidacy;

(c) the total amount of all tax receipts issued for contributions received in relation to the individual's candidacy;

(d) any transfers of money, as referred to in section 180 (6), made or received by the candidate;

(e) any loans or guarantees received by the candidate for election expenses and any conditions attached to them, including for loans referred to in section 181 (2) the information recorded under section 190 (4) other than the address of an individual;

(f) if the candidate was a nomination contestant, the political contributions accepted by the candidate as a nomination contestant in relation to the seeking of the nomination;

(g) if the candidate incurred nomination contestant expenses during the campaign period, those nomination contestant expenses that are not included as election expenses under section 183 (5);

(h) for fundraising functions held by or on behalf of the candidate, the information recorded under section 190 (5);

(i) any income received and any expenditures made or incurred by the candidate in relation to the individual's candidacy or election, if these are not otherwise disclosed in the report;

(j) any surplus for the candidate as referred to in section 204, or any equivalent deficit, as at the day the report is prepared;

(k) any political contributions received by the candidate but returned or otherwise dealt with in accordance with section 189;

(l) any other information required by regulation.

(3) If applicable, election expenses and contestant expenses must be reported by class as prescribed by regulation.

(4) If a by-election is cancelled because a general election is called, the financial agent for a candidate in the by-election must file a report under this section respecting the cancelled election but, as an exception to subsection (1) in the case of an individual who was a candidate in both elections, that report is not required to be filed until the time for filing the report in relation to the general election.

(5) For certainty, a report under this section is required even if the candidate is acclaimed, dies, withdraws from the election or is declared by a court to no longer be a candidate.

(6) A report under this section, or under section 211 in relation to a report under this section, must be available for public inspection at the office of the chief electoral officer during its regular office hours until one year after general voting day for the next general election.

Election financing reports by registered political parties and constituency associations

209 (1) Within 90 days after general voting day for an election, the financial agent of

(a) a registered political party that was represented by a candidate in the election,

(b) a registered constituency association that is the local organization for the electoral district of a registered political party referred to in paragraph (a), or

(c) a registered constituency association for an independent candidate in the election

must file with the chief electoral officer, on behalf of the organization, an election financing report in accordance with this section.

(2) The election financing report must be in the form prescribed by regulation and must include the following information:

(a) in the case of a report for a registered political party, the election expenses of the political party, showing separately those election expenses that are not included for the purposes of determining whether the political party exceeded the applicable election expenses limit;

(b) the political contributions accepted by the organization between December 31 of the previous year and the end of the campaign period;

(c) the total amount of all tax receipts issued for contributions received between December 31 of the previous year and the end of the campaign period;

(d) any transfers of money, as referred to in section 180 (6), made or received by the organization between December 31 of the previous year and the end of the campaign period;

(e) any loans or guarantees received by the organization for election expenses and any conditions attached to them, including for loans referred to in section 181 (2) the information recorded under section 190 (4) other than the address of an individual;

(f) for fundraising functions held by or on behalf of the organization between December 31 of the previous year and the end of the campaign period, the information recorded under section 190 (5);

(g) any political contributions received by the organization between December 31 of the previous year and the end of the campaign period, but returned or otherwise dealt with in accordance with section 189;

(h) any other information required by regulation.

(3) If applicable, election expenses must be reported by class as prescribed by regulation.

(4) If a by-election is cancelled because a general election is called, a report under this section respecting the cancelled election must be filed but, as an exception to subsection (1) in the case of a political party or constituency association that is required to file reports for both elections, those reports are not required to be filed until the time for filing the report in relation to the general election.

Leadership contestant financing reports

210 (1) Within 90 days after a leader is selected for a registered political party, the financial agent of a leadership contestant must file with the chief electoral officer, on behalf of the leadership contestant, a financing report in accordance with this section.

(2) The financing report must be in the form prescribed by regulation and must include the following information:

(a) the contestant expenses incurred by the leadership contestant;

(b) the political contributions accepted by the leadership contestant in relation to that individual's seeking of the leadership;

(c) any loans or guarantees received by the leadership contestant for contestant expenses and any conditions attached to them, including for loans referred to in section 181 (2) the information recorded under section 190 (4) other than the address of an individual;

(d) for fundraising functions held by or on behalf of the contestant, the information recorded under section 190 (5);

(e) any political contributions received by the leadership contestant but returned or otherwise dealt with in accordance with section 189;

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

(3) If applicable, contestant expenses must be reported by class as prescribed by regulation.

(4) For certainty, a report under this section is required even if the leadership contestant dies or withdraws from the leadership contest.

(5) A report under this section, or under section 211 in relation to a report under this section, must be available for public inspection at the office of the chief electoral officer during its regular office hours until one year after general voting day for the next general election.

Supplementary reports

211 (1) A supplementary report must be filed with the chief electoral officer within 30 days after the financial agent, or the individual or organization for whom a report was filed, becomes aware that

(a) information disclosed in the report has changed, or

(b) the report did not completely and accurately disclose the required information.

(2) A supplementary report under this section must be in the form prescribed by regulation or, if no form is prescribed, in the same form as that required for the initial report to which it is a supplement.

General requirements for reports

212 (1) A report under this Part must be prepared in accordance with generally accepted accounting principles, and must be filed with

(a) a signed declaration of the financial agent or other individual filing it as to its accuracy, and

(b) a report of the auditor prepared under section 213 if the value of the political contributions, election expenses or contestant expenses to be reported is equal to or greater than $10 000 or a higher amount established by regulation.

(2) As an exception to subsection (1) (b), a report of the auditor is not required for a supplementary report under section 211.

(3) After examining a report for which no report of the auditor is filed, the chief electoral officer may require such a report and may establish a time limit by which the financial agent must provide the report to the chief electoral officer.

(4) The financial agent of a registered political party may file the required reports for its constituency associations, candidates and leadership contestants.

Auditing of reports

213 (1) For every report that is required to be audited under this Act, the auditor for the organization or individual must make a report to the financial agent.

(2) Subject to any guidelines issued by the chief electoral officer, the auditor must

(a) conduct an audit in accordance with generally accepted auditing standards, and

(b) perform such tests and other procedures as in the auditor's judgment are necessary to determine whether the report has been prepared in accordance with generally accepted accounting principles.

(3) An auditor must make any additional reports the auditor considers necessary if

(a) the auditor has not received all the information and explanations required from the financial agent or from the organization or individual on whose behalf the report has been prepared, or

(b) proper accounting records have not been kept by the financial agent.

(4) The financial agent must give the auditor access at all reasonable times to the records of the financial agent and must provide the auditor with any information the auditor considers necessary to enable the auditor to give a report under this section.

Publication of election financing summary

214 (1) After each election, the chief electoral officer must publish a report respecting the political financing for the election.

(2) The report under subsection (1) must include the following:

(a) a summary of the information included in the election financing reports for the election;

(b) a statement of the applicable election expenses limits for the registered political parties and candidates;

(c) a list of the names of any organizations or individuals who

(i) failed to file the required election financing reports,

(ii) filed the required reports after the time period for filing established under this Division, or

(iii) exceeded the applicable election expenses limit.

 
Division 7 -- Penalties for Failure to Comply

Publication of failure to comply

215 (1) The chief electoral officer must have notice of the following published in the Gazette:

(a) the name of any political party, constituency association, candidate or leadership contestant for whom a report required under this Act is not filed within the applicable time limit established under Division 6 of this Part or by court order under section 224;

(b) the name of any political party, constituency association, candidate or leadership contestant for whom a report required under this Act is not filed before the end of the applicable late filing period under section 219;

(c) the name of any candidate or political party that exceeds the applicable election expenses limit under Division 5 of this Part;

(d) the name of any political party, constituency association, candidate or leadership contestant in relation to whom there was a conviction under section 250 in relation to a report under this Act.

(2) Publication under subsection (1) must take place as soon as possible after the chief electoral officer becomes aware of the applicable circumstances referred to in that subsection.

Candidate who incurs election expenses over limit

216 (1) Unless relief is granted by a court under section 218, a candidate whose election expenses exceed the applicable election expenses limit is subject to the following penalties:

(a) in the case of a candidate who is declared elected as a member of the Legislative Assembly, at the applicable time under subsection (3) the member ceases to hold office and the seat of the member becomes vacant;

(b) in all cases, the candidate must pay to the chief electoral officer a penalty of double the amount by which the election expenses exceed the limit.

(2) The chief electoral officer must present a report to the Speaker respecting a member of the Legislative Assembly who may be subject to the penalty under subsection (1) (a) as soon as possible after the applicable report is filed for the candidate.

(3) A member referred to in subsection (1) (a) ceases to hold office and the seat of the member becomes vacant as follows:

(a) if no application under section 218 is made in respect of the member, at the end of the period for making such an application;

(b) if, on the final determination of an application under section 218, the court refuses to grant relief, at the time of that determination.

Political party that incur selection expenses over limit

217 (1) Unless relief is granted by a court under section 218, a registered political party whose election expenses exceed the applicable election expenses limit is subject to the following penalties:

(a) the chief electoral officer must suspend the registration of the political party for a period of 6 months from the date of the suspension as recorded under section 169;

(b) the registered political party must pay to the chief electoral officer a penalty of double the amount by which the election expenses exceed the limit.

(2) The chief electoral officer must give the registered political party notice of the period of a suspension under subsection (1) (a).

Court order for relief from election expenses limits

218 (1) A registered political party or candidate may apply to the Supreme Court in accordance with this section for relief from a penalty under this Division for failing to comply with an election expenses limit.

(2) For certainty, a registered political party may apply under subsection (1) in relation to an obligation of a candidate who represented the political party.

(3) An application may only be made within 120 days after general voting day for the election or, if the failure to comply is disclosed by a supplementary report under section 211, within 30 days after the supplementary report is filed.

(4) The petition commencing an application must be served on the chief electoral officer within 7 days after it is filed and the chief electoral officer is a party to the application.

(5) On the hearing of an application, the court may do the following:

(a) grant relief from a penalty if the court considers that, in relation to the non- compliance, the financial agent and, if applicable, the candidate have acted in good faith;

(b) if relief is granted for a political party that has been suspended under section 217 (1) (a), order that the suspension be cancelled immediately or at a time or on conditions specified by the court;

(c) refuse to grant relief.

Late filing of required reports

219 (1) This section applies if a financial agent fails to file a report under Division 6 of this Part with the chief electoral officer within the time period established by that Division or by order of the Supreme Court under section 224.

(2) In the case of a report for a registered political party or registered constituency association, in addition to publishing notice in accordance with section 215, the chief electoral officer must make a note of the failure in the applicable register.

(3) The chief electoral officer must give notice to the individual or organization for whom the report was to be filed that, if the report is not filed within the late filing period permitted by this section, the individual or organization will be subject to the penalties provided in this Division unless an extension is granted by the Supreme Court under section 224.

(4) In the case of a report for a candidate, leadership contestant or constituency association, the chief electoral officer must also give the notice under subsection (3) to the registered political party or independent member of the Legislative Assembly who may be affected by the failure.

(5) The report may be filed within the following applicable late filing period on payment to the chief electoral officer of the specified late filing fee:

(a) in the case of an annual financial report for a registered political party or registered constituency association, on payment of a late filing fee of $100, or a higher amount established by regulation, the report may be filed before June 30 of that year or a later date permitted by the Supreme Court under section 224;

(b) in the case of an election financing report for a candidate, registered political party or registered constituency association or a contestant financing report for a leadership contestant, on payment of a late filing fee of $500, or a higher amount established by regulation, the report may be filed within 30 days after the end of the time period for filing established by Division 6 of this Part or before a later date permitted by the Supreme Court under section 224.

Candidate who fails to file election financing report

220 (1) Unless relief is granted by a court on an application under section 224 commenced before the end of the late filing period under section 219 (5), a candidate for whom the election financing report under section 208 is not filed with the chief electoral officer before the end of that period is subject to the following penalties:

(a) in the case of a candidate who is declared elected as a member of the Legislative Assembly, at the applicable time under subsection (4) the member ceases to hold office and the seat of the member becomes vacant;

(b) in all cases, unless the individual complies with subsection (2), from the applicable time under subsection (4) the individual is disqualified from being nominated, being elected or holding office as a member of the Legislative Assembly until after the next general election after the applicable time under subsection (4).

(2) An individual referred to in subsection (1) (b) is not disqualified under that subsection if, before the individual is nominated, the outstanding election financing report is filed with the chief electoral officer and a late filing penalty of $10 000 is paid to the chief electoral officer.

(3) The chief electoral officer must present a report to the Speaker respecting a member of the Legislative Assembly who may be subject to the penalty under subsection (1) (a) as soon as possible after the end of the late filing period referred to in subsection (1).

(4) The time at which a candidate becomes subject to the penalties under subsection (1) is as follows:

(a) if no application under section 224 is commenced in respect of the candidate before the end of the late filing period under section 219 (5), at the end of that period;

(b) if, on the final determination of an application under section 224 commenced before the end of the late filing period under section 219 (5) the court refuses to grant relief from the penalty, at the time of that determination.

Leadership contestant who fails to file contestant financing report

221 (1) Unless relief is granted by a court on an application under section 224 commenced before the end of the late filing period under section 219 (5), a leadership contestant for whom the contestant financing report under section 210 is not filed with the chief electoral officer before the end of that period is subject to the following penalties:

(a) in the case of a leadership contestant who is a member of the Legislative Assembly, at the applicable time under subsection (4) the member ceases to hold office and the seat of the member becomes vacant;

(b) in all cases, unless the individual complies with subsection (2), from the applicable time under subsection (4) the individual is disqualified from being nominated, being elected or holding office as a member of the Legislative Assembly until after the next general election after the applicable time under subsection (4).

(2) An individual referred to in subsection (1) (b) is not disqualified under that subsection if, before the individual is nominated, the outstanding contestant financing report is filed with the chief electoral officer and a late filing penalty of $10 000 is paid to the chief electoral officer.

(3) The chief electoral officer must present a report to the Speaker respecting a member of the Legislative Assembly who may be subject to the penalty under subsection (1) (a) as soon as possible after the end of the late filing period referred to in subsection (1).

(4) The time at which a leadership contestant becomes subject to the penalties under subsection (1) is as follows:

(a) if no application under section 224 is commenced in respect of the leadership contestant before the end of the late filing period under section 219 (5), at the end of that period;

(b) if, on the final determination of an application under section 224 commenced before the end of the late filing period under section 219 (5) the court refuses to grant relief from the penalty, at the time of that determination.

Deregistration of political party or constituency association for failure to file financial reports

222 (1) Unless relief is granted by a court under section 224, the chief electoral officer must deregister a political party or constituency association if a report for the organization required under Division 6 of this Part is not filed with the chief electoral officer before the end of the late filing period under section 219 (5).

(2) As an exception to subsection (1), the chief electoral officer must suspend the registration of the organization pending the decision of the court if, by the end of the late filing period referred to in subsection (1), an application for relief under section 224 has been made but not decided.

(3) If on the final determination of an application under section 224 the court refuses to grant relief under that section from deregistration to an organization whose registration has been suspended, the chief electoral officer must deregister the organization.

Deregistration of political party for failure of candidates to file election financing reports

223 (1) The chief electoral officer must deregister a political party following a general election if election financing reports under section 208 are not filed by the end of the late filing period under section 219 (5) for 50% or 15, whichever is the lesser number, of the candidates representing the political party in the general election.

(2) If the Supreme Court grants relief under section 224 to a candidate from the obligation to file an election financing report, for the purposes of subsection (1) of this section the candidate is deemed to have filed the report.

(3) As an exception to subsection (1), the chief electoral officer must suspend the registration of the political party pending the decisions of the court if, by the end of the late filing period referred to in that subsection, sufficient applications for relief under section 224 have been made but not decided that, if they were successful, would relieve the political party from deregistration under this section.

(4) If on the final determination of applications referred to in subsection (3) the court refuses to grant relief from the obligation to file, the chief electoral officer must deregister the political party.

Court order for relief from filing obligations

224 (1) A political party, constituency association, candidate or leadership contestant may apply to the Supreme Court in accordance with this section for relief from an obligation to file a report under Division 6 of this Part.

(2) For certainty, a political party may apply under subsection (1) in relation to an obligation of any of its constituency associations, candidates or leadership contestants.

(3) An application may be made at any time before or after the end of the late filing period permitted for the report under section 219 (5).

(4) The petition commencing an application must be served on the chief electoral officer within 7 days after it is filed and the chief electoral officer is a party to the application.

(5) On the hearing of an application, the court may do the following:

(a) relieve the organization or individual from the obligation to file the report, or from specified obligations in relation to the report, if the court considers that, in relation to the non- compliance, the financial agent and, if applicable, the candidate or leadership contestant have acted in good faith;

(b) grant an extension of the time for filing the report without payment of a late filing fee under section 219 if

(i) the application is commenced before the end of the time for filing without penalty, and

(ii) the court considers that, in relation to the non-compliance, the financial agent and, if applicable, the candidate or leadership contestant have acted in good faith;

(c) grant an extension of the time for filing the report, subject to payment of the late filing fee under section 219, if the court considers that, in relation to the non-compliance, the financial agent and, if applicable, the candidate or leadership contestant have acted in good faith;

(d) make any order the court considers appropriate to secure compliance with Division 6 of this Part to the extent the court considers reasonable in the circumstances;

(e) if relief is granted for an organization that has been deregistered or suspended under section 222 or 223, order that the registration be reinstated, or the suspension be cancelled, immediately or at a time or on conditions specified by the court;

(f) refuse to grant an extension or other relief.

False or misleading reports in relation to candidates and leadership contestants

225 (1) If a candidate or leadership contestant is convicted under section 250 (1) or (2) in relation to a report under this Part, the candidate or leadership contestant is subject to the following penalties:

(a) in the case of an individual who is a member of the Legislative Assembly, at the applicable time under subsection (3) the member ceases to hold office and the seat of the member becomes vacant;

(b) in all cases, from the applicable time under subsection (3) the individual is disqualified from being nominated, being elected or holding office as a member of the Legislative Assembly until after the next general election after the applicable time under subsection (3).

(2) The chief electoral officer must present a report to the Speaker respecting a member of the Legislative Assembly who may be subject to the penalty under subsection (1) (a) as soon as possible after the conviction to which it relates.

(3) A candidate or leadership contestant becomes subject to a penalty under subsection (1) as follows:

(a) if no appeal of the conviction is made, at the end of the period for making such an appeal;

(b) if the conviction is upheld on its final determination on appeal, at the time of that determination.

False or misleading reports in relation topolitical parties and constituency associations

226 (1) If a registered political party or a registered constituency association is convicted under section 250 (1) or (2) in relation to a report under this Part, the political party or constituency association is subject to the following penalties:

(a) immediately on conviction, the chief electoral officer must suspend the registration of the organization until such time as the organization is deregistered or the conviction is overturned on the final determination of an appeal;

(b) if no appeal of the conviction is made, at the end of the time for making an appeal the chief electoral officer must deregister the organization;

(c) if the conviction is upheld on the final determination of an appeal, the chief electoral officer must deregister the organization.

(2) A suspension under subsection (1) (a) may be cancelled, pending the final determination of an appeal of the conviction, by a court hearing the appeal.

 
Part 11 -- Election Communications

Election advertising and opinion surveys

227 For the purposes of this Act:

"election advertising" means advertising used during a campaign period

(a) to promote or oppose, directly or indirectly, the election of a candidate, or

(b) to promote or oppose, directly or indirectly, a registered political party;

"election opinion survey" means an opinion survey respecting an election or a matter of public discussion in relation to the election, including an opinion survey respecting an issue discussed publicly in the election.

Sponsorship of election advertising and opinion surveys

228 (1) For the purposes of this Part, the sponsor of election advertising or an election opinion survey is whichever of the following is applicable:

(a) the individual or organization who pays for the election advertising or election opinion survey to be conducted;

(b) if the services of conducting the advertising or survey are provided without charge as a contribution, the individual or organization to whom the services are provided as a contribution;

(c) if the individual or organization that is the sponsor within the meaning of paragraph (a) or

(b) is acting on behalf of another individual or organization, the other individual or organization.

(2) Where this Part requires the inclusion of a mailing address or telephone number at which a sponsor can be contacted,

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

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

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

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

(a) the name of the organization, and

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

(4) On request of the chief electoral officer,

(a) an individual identified as a sponsor, or

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

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

Restrictions on election advertising

229 (1) A candidate, registered political party or registered constituency association may sponsor election advertising as an election expense.

(2) Other than election advertising authorized by subsection (1),

(a) an individual or organization must not sponsor election advertising conducted during the campaign period for a general election or by- election such that the total value of the election advertising sponsored by the individual or organization during that period is greater than $2 000 or a higher amount established by regulation, and

(b) an individual or organization must not sponsor election advertising conducted during the campaign period for a general election or by- election in combination with one or more individuals or organizations, or both, such that the total value of the election advertising sponsored by those individuals and organizations during that period is greater than $2 000 or a higher amount established by regulation.

(3) As an exception to subsection (2), the value of election advertising that is conducted by sending a document directly to the members, employees or shareholders of the sponsoring individual or organization is not to be included for the purposes of determining whether the individual or organization has complied with that subsection.

(4) An individual or organization must not conduct election advertising if, by this, the sponsor would contravene subsection (2).

(5) An individual or organization must not sponsor election advertising with the property of any other individual or organization or indirectly through any other individual or organization.

(6) For the purposes of this section, the value of election advertising is

(a) the price paid for preparing and conducting the election advertising, or

(b) the market value of preparing and conducting the election advertising, if no price is paid or if the price paid is lower than the market value.

Election advertising must identify sponsor

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

(a) identifies the name of the sponsor or, in the case of a candidate, the name of the financial agent,

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

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

Restriction on rates charged for election advertising

231 An individual or organization must not charge a registered political party, registered constituency association or candidate a rate for election advertising in a periodical publication or on radio or television that exceeds the lowest rate charged by the individual or organization for equivalent advertising in the same medium during the same campaign period.

Prohibition against certain election advertising on general voting day

232 (1) On general voting day, an individual or organization must not conduct election advertising by publishing it in a newspaper or magazine or on radio or television.

(2) An individual or organization must not sponsor or agree to sponsor election advertising that is or is to be conducted on general voting day by a means referred to in subsection (1), whether the publication is done within British Columbia or outside British Columbia.

Restriction on election campaigning near election offices and voting places

233 (1) During a campaign period, an individual or organization must not post, display or disseminate in or within 100 metres of the building where the office of the district electoral officer is located

(a) election advertising, or

(b) any material that identifies a candidate, registered political party or registered constituency association, unless this is done with the authorization of the district electoral officer.

(2) While advance voting or general voting is being conducted at a voting place, an individual or organization must not do any of the following in or within 100 metres of the building where the voting is being conducted:

(a) post, display or disseminate

(i) election advertising, or

(ii) any material that identifies a candidate, registered political party or registered constituency association, unless this is done with the authorization of the district electoral officer;

(b) canvass or solicit votes or otherwise attempt to influence how a voter votes;

(c) carry, wear or supply a flag, badge or other thing indicating that the individual using it is a supporter of a particular candidate or registered political party;

(d) post, display, disseminate or openly leave a representation of a ballot marked for a particular candidate or registered political party.

(3) If subsection (1) or (2) is being contravened by the posting or display of materials, the district electoral officer or another election official authorized by the district electoral officer may enter on the property where the materials are located and remove or cover or otherwise obscure them from view.

(4) While advance voting or general voting is being conducted at a voting place, an individual or organization must not conduct election advertising by means of a public address system or loudspeaker that is within hearing distance of the voting place.

Requirements for publication of election opinion surveys

234 (1) During a campaign period, an individual or organization must not publish the results of an election opinion survey unless authorized by the sponsor of the survey.

(2) During a campaign period, an individual or organization who publishes in British Columbia the results of an election opinion survey must publish the following information with the results of the survey:

(a) the name of the sponsor of the survey;

(b) the name of the individual or organization who conducted the survey;

(c) the dates when the survey was conducted;

(d) to the extent that the information is applicable to the survey, the number of individuals contacted for the survey and the percentage of those who refused to take part in the survey;

(e) to the extent that the information is applicable to the survey, the margin of error for the survey;

(f) the exact wording of each question for which data are reported;

(g) for each question for which the margin of error is greater than that reported under paragraph (e), the margin of error for the question;

(h) a mailing address or telephone number, indicating it as the address or telephone number at which the sponsor can be contacted to obtain a written report regarding the survey in accordance with subsection (3).

(3) From the time of the first publication of an election opinion survey until the end of the campaign period, whether the publication is done within British Columbia or outside British Columbia, the sponsor must provide on request a copy of a written report on the results of the survey including the following information to the extent that it is applicable to the survey:

(a) the name and address of the sponsor of the survey;

(b) the name and address of the individual or organization who conducted the survey;

(c) the dates when the survey was conducted;

(d) a copy of the survey questionnaire, including all questions that were asked in their exact wording and in the order in which they were asked;

(e) the method used to collect the information;

(f) the population from which the sample was drawn;

(g) the size of the initial sample and the number of individuals contacted for the survey;

(h) the number and percentage of individuals contacted who answered the survey;

(i) the number and percentage of individuals contacted who refused to take part in the survey;

(j) the method used to recalculate percentages when those who expressed no opinion or those who did not respond are omitted;

(k) the times of any interviews;

(l) the sampling method;

(m) the number of ineligible individuals contacted;

(n) any weighting factors or normalization procedures used;

(o) the margin of error for the survey;

(p) the size, description and margin of error for any subsamples used in the report of the survey.

(4) A fee may be charged for a report provided under subsection (3), but the fee

(a) must be based on the reasonable costs of reproducing the original report prepared for the purposes of that subsection, and

(b) as a limit on paragraph (a), must not be more than $25 or a higher amount established by regulation.

 
Part 12 -- Offences

Penalties under this Part are in addition to any others

235 Any penalty under this Part is in addition to and not in place of any other penalty to which an individual or organization may be liable under this Act in respect of the same matter.

Prosecution of offences

236 (1) A prosecution for an offence under this Act may not be commenced without the approval of the chief electoral officer.

(2) The time limit for laying an information respecting an offence under this Act is one year after the facts on which the information is based first came to the knowledge of the chief electoral officer.

(3) A document purporting to have been issued by the chief electoral officer, certifying the day on which the chief electoral officer became aware of the facts on which an information is based, is admissible without proof of the signature or official character of the individual appearing to have signed the document and, in the absence of evidence to the contrary, is proof of the matter certified.

Prosecution of organizations and their directors and agents

237 (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

238 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.

Vote buying

239 (1) An individual or organization must not pay, give, lend or procure inducement for any of the following purposes:

(a) to induce an individual to vote or refrain from voting;

(b) to induce an individual to vote or refrain from voting for or against a particular candidate or a candidate for a particular political party;

(c) to reward an individual for having voted or refrained from voting as described in paragraph (a) or (b).

(2) An individual must not accept inducement

(a) to vote or refrain from voting,

(b) to vote or refrain from voting for or against a particular candidate or a candidate for a particular political party, or

(c) as a reward for having voted or refrained from voting as described in paragraph (a) or (b).

(3) An individual or organization must not advance, pay or otherwise provide inducement, or cause 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) An individual or organization must not offer, agree or promise to do anything otherwise prohibited by this section.

(5) An individual or organization prohibited from doing something by this section must not do the prohibited act directly, indirectly or by another individual or organization on behalf of the individual or organization who is subject to the prohibition.

(6) During a campaign period, a candidate must not make a special contribution or special donation for any purpose, other than a political contribution, and an individual or organization must not solicit such a contribution or donation from a candidate.

(7) An individual or organization who contravenes this section commits an offence and is liable to one or more of the following penalties:

(a) a fine of not more than $10 000;

(b) imprisonment for a term not longer than 2 years;

(c) a prohibition for a period of not longer than 7 years from holding office as a member of the Legislative Assembly;

(d) a prohibition for a period of not longer than 7 years from voting in an election for a member of the Legislative Assembly.

Intimidation

240 (1) An individual or organization must not intimidate an individual for any of the following purposes:

(a) to persuade or compel an individual to vote or refrain from voting;

(b) to persuade or compel an individual to vote or refrain from voting for or against a particular candidate or a candidate for a particular political party;

(c) to punish an individual for having voted or refrained from voting as described in paragraph (a) or (b).

(2) An individual or organization must not, by abduction, duress or fraudulent means, do any of the following:

(a) impede, prevent or otherwise interfere with an individual's right to vote;

(b) compel, persuade or otherwise cause an individual to vote or refrain from voting;

(c) compel, persuade or otherwise cause an individual to vote or refrain from voting for a particular candidate or for a candidate of a particular political party.

(3) An individual or organization prohibited from doing something by this section must not do the prohibited act directly, indirectly or by another individual or organization on behalf of the individual or organization who is subject to the prohibition.

(4) An individual or organization who contravenes this section commits an offence and is liable to one or more of the penalties referred to in section 239 (7).

Corrupt voting

241 (1) An individual who does any of the following commits an offence:

(a) votes in an election when not entitled to do so;

(b) contravenes section 89 regarding voting more than once in an election;

(c) contravenes section 105 (3) by applying for more than one alternative absentee voting package;

(d) contravenes section 109 (6) by failing to mark a ballot in accordance with the directions of the voter being assisted;

(e) obtains a ballot in the name of another individual, whether the name is of a living or dead individual or of a fictitious individual.

(2) An individual who commits an offence under subsection (1) is liable to one or more of the penalties referred to in section 239 (7).

Subversion of election by an official

242 (1) An election official or voter registration official who contravenes this Act, a regulation under this Act or a direction of the chief electoral officer commits an offence if the official knew or ought to have known that the contravention would likely affect the results or validity of an election, whether or not it in fact has that effect.

(2) An individual or organization must not pay, give or lend inducement for the purpose of procuring a contravention of subsection (1).

(3) Section 239 (3) to (5) applies in relation to the prohibition under subsection (2) of this section.

(4) An individual or organization who contravenes subsection (2), or section 239 (3) to (5) as it applies under subsection (3) of this section, commits an offence.

(5) An individual or organization who commits an offence under this section is liable to one or more of the penalties referred to in section 239 (7).

Offences in relation to candidates

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

(a) purports to withdraw a candidate from an election without authority to do so;

(b) publishes or causes to be published a false statement that a candidate has withdrawn;

(c) contravenes section 67 respecting leave from employment for a candidate.

(2) 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 ballots and other election materials

244 (1) An individual or organization who does any of the following without authority under this Act commits an offence:

(a) supplies a ballot to an individual or organization;

(b) prints or reproduces a ballot or a paper that is capable of being used as a ballot;

(c) takes a ballot out of a place where voting proceedings are being conducted;

(d) puts in a ballot box, or causes to be put in a ballot box, anything other than a ballot that an individual is authorized to deposit there;

(e) destroys, takes, opens or otherwise interferes with a ballot paper, ballot, certification envelope, ballot box or voting book.

(2) 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 voting and counting proceedings

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

(a) contravenes section 90 (2) regarding the secrecy of the ballot;

(b) is present at a place where voting or counting proceedings are being conducted without being authorized by or under this Act to be present;

(c) contravenes section 74 regarding granting employees time free from work during general voting;

(d) without authority takes down, covers up, mutilates, defaces or alters a notice or other document authorized or required by or under this Act to be posted.

(2) 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 the registration of political parties and constituency associations

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

(a) uses, without authority, by purporting to be or be acting on behalf of the political party, without authority any of the forms of identification of a registered political party filed with the chief electoral officer;

(b) fails to file information as required by section 159;

(c) fails to file a report in accordance with section 170 following deregistration;

(d) contravenes section 171 (1) respecting the funds of a political party or constituency association that is deregistered.

(2) 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 election financing

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

(a) consents to be appointed as a financial agent or auditor under this Act when not entitled to be appointed to the position;

(b) contravenes section 177 respecting the obligations of a financial agent;

(c) issues tax receipts other than in accordance with this Act and the Income Tax Act;

(d) contravenes section 186, 187 or 188 regarding making or accepting a political contribution;

(e) contravenes section 189 regarding prohibited political contributions;

(f) contravenes section 192 regarding incurring election expenses or contestant expenses, or section 193 regarding equivalent expenses;

(g) contravenes section 195 by incurring an election expense in excess of the applicable election expenses limit, unless relief from the penalty for spending in excess of that limit has been granted by the Supreme Court under section 218;

(h) contravenes section 199 regarding election expenses that may be incurred by a registered constituency association;

(i) contravenes section 204 (1) regarding the disposition of the surplus for a candidate.

(2) 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 election advertising and other promotion

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

(a) contravenes section 229 respecting a restriction on election advertising;

(b) contravenes section 230 respecting identification of the sponsor of election advertising;

(c) contravenes section 231 respecting a rate charged for election advertising;

(d) contravenes section 232 respecting election advertising on general voting day;

(e) contravenes section 233 respecting a restriction on activities near an election office or voting place;

(f) contravenes section 234 respecting publication of an election opinion survey.

(2) 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 election and other officials

249 (1) An individual who does any of the following commits an offence:

(a) represents himself or herself as an election official if the individual is not an election official;

(b) represents himself or herself as a voter registration official if the individual is not a voter registration official;

(c) accepts appointment or acts as an election official when not qualified;

(d) contravenes section 18 (8) regarding the impartiality of a district electoral officer or deputy district electoral officer;

(e) impedes or obstructs an election official, a voter registration official or other individual in performing duties and exercising powers given to the individual by or under this Act.

(2) An individual 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

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

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

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

(2) In the case of false or misleading information in a report under Part 10, the political party, constituency association, candidate or leadership contestant on whose behalf the report is filed commits an offence.

(3) 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.

(4) An individual or organization who commits an offence under this section is liable to a fine of not more than $10 000 or imprisonment for a term not longer than 2 years, or both.

Offence in relation to use of information

251 (1) An individual or organization who uses personal information referred to in section 259 except as authorized by that section commits an offence.

(2) An individual or organization who commits an offence under this section is liable to a fine of not more than $10 000 or imprisonment for a term not longer than 2 years, or both.

 
Part 13 -- General

Declarations required under this Act

252 (1) Where a solemn declaration is required under this Act, the declaration must be

(a) made on oath or by solemn affirmation,

(b) made before a commissioner for taking affidavits for British Columbia or an individual authorized under subsection (2) to take the oath or solemn affirmation, and

(c) signed by the individual making the oath or solemn affirmation and by the individual before whom it is made.

(2) An election official or voter registration official may take solemn declarations where these are required under this Act in relation to proceedings for which the individual is responsible.

(3) If applicable, a declaration required under this Act must be made in the form prescribed by regulation.

Exceptional assistance for signature or translation

253 (1) The provisions of this section are exceptions for allowing individuals to exercise their rights and fulfill their obligations under this Act in circumstances where they would otherwise be unable to do so.

(2) If an individual is required by this Act to sign a document and is unable to do so, the election or voter registration official responsible may either sign on behalf of the individual or have the individual make his or her mark and witness that mark.

(3) If an individual requires the assistance of a translator, the election official or voter registration official responsible must permit the individual to be assisted by a translator.

(4) Before acting as translator under subsection (3), an individual must make a solemn declaration that he or she is able to make the translation and will do so to the best of his or her abilities.

(5) For certainty, an individual may act as translator for more than one other individual.

(6) The obligation to provide a translator rests with the individual who is required to make the solemn declaration or provide the information and, if no translator is available to act, that individual must be considered to have refused to make the solemn declaration or provide the information.

Public notice requirements

254 (1) Where this Act requires notice to be given in accordance with this section, the notice must be published in one or more newspapers circulating in the affected electoral district such that publication is made throughout the electoral district, if this is possible.

(2) If publication under subsection (1) is not possible, the notice must be given to the public by alternative means in accordance with the directions of the chief electoral officer.

(3) Notices to which this section applies may be combined as long as the requirements of all applicable sections are met.

Filing documents with chief electoral officer

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

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

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

Adjournment of election proceedings

256 (1) Election proceedings may be adjourned by the election official responsible in accordance with this section if that official considers that the health or safety of individuals is at risk, or that the integrity of the proceedings is at risk.

(2) Election proceedings may be adjourned

(a) temporarily to another time on the same day or another time on the same day at another place specified by the election official responsible, or

(b) to a day, time and place to be set by the district electoral officer.

(3) The election official responsible must notify the district electoral officer as soon as possible of any adjournment and must follow any directions the district electoral officer considers appropriate in the circumstances.

(4) While proceedings are adjourned, the election official responsible must make all reasonable efforts to ensure that the election materials are secured and that the integrity of the election is not compromised.

(5) The election official responsible must give notice to individuals affected by an adjournment as directed by the district electoral officer or, in the absence of direction, in any manner the official considers appropriate.

(6) Proceedings that are recommenced after an adjournment must continue for such a period that the total time for the proceedings is the same regardless of the adjournment.

Keeping peace and order at election proceedings

257 (1) An election official must maintain peace and order so far as reasonably possible at the election proceedings for which the election official is responsible.

(2) For the purposes of this section, from the time an election is called until the declaration of the official results of the election under section 137, the district electoral officer, the deputy district electoral officer and all voting officers are peace officers.

(3) For the purposes of this section, the election official responsible may do one or more of the following:

(a) restrict or regulate the number of individuals admitted at any time to the place where the proceedings are being conducted;

(b) order an individual to leave the place where the proceedings are being conducted if, in the opinion of the election official, the individual

(i) is present at a place when not permitted to be present under this Act,

(ii) is disturbing the peace and order of the proceedings,

(iii) is interfering with the conduct of the proceedings, or

(iv) is contravening any provision of this Act or a regulation under this Act;

(c) require proof of identification from an individual who may be ordered to leave under paragraph (b);

(d) order the removal of an individual ordered to leave under paragraph (b) if the individual does not comply;

(e) require the assistance of peace officers or of individuals present at the place where the proceedings are being conducted.

(4) An individual ordered to leave under subsection (3) (b) must leave the place and the immediate vicinity of the place at which the election proceedings are being conducted and must not return while these election proceedings are being conducted unless permitted to do so by the election official responsible.

(5) The authority under subsection (3) must not be used to prevent a voter otherwise entitled to vote at the place from exercising the right to vote.

Proof that an individual has voted

258 (1) The signature of an individual in a voting book indicating that the individual applied for a ballot is proof for the purposes of this Act that the individual has voted.

(2) As an exception to subsection (1), for voting under section 106 the initials of the election official responsible under section 107 (1) (c) on the certification envelope is proof for the purposes of this Act that the individual to whom the alternative absentee voting package was provided has voted.

Access to and use of information in records

259 (1) If a record is available for public inspection in the office of an election official or voter registration official, subject to this section a member of the public may obtain a copy of the record on payment of the reasonable costs of reproduction.

(2) If a record available for public inspection as referred to in subsection (1) contains information that is and is identified as the residential address or telephone number of a specific individual, on request of that individual, the election official or voter registration official must obscure the information in the documents available for public inspection and, for these purposes, may make a copy rather than the original available for public inspection.

(3) Where this Act requires or authorizes the disclosure, public inspection or other use of or access to records containing personal information within the meaning of the Freedom of Information and Protection of Privacy Act, the personal information may only be used as follows:

(a) for the purposes of this Act;

(b) to enable members of the Legislative Assembly to communicate with voters;

(c) for other provincial, municipal or federal electoral purposes, subject to any restrictions or requirements established by regulation;

(d) to identify individuals to be called to serve as jurors under the Jury Act;

(e) for purposes authorized by the Freedom of Information and Protection of Privacy Act;

(f) for other purposes specified by regulation, subject to any restrictions or requirements that may be established by regulation.

(4) An election official or voter registration official may require an individual who wishes to inspect or obtain a copy of a record referred to in subsection (3) to

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

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

(5) The Provincial Archivist may require that records under the control of the chief electoral officer, other than records required by this Act to be destroyed, be given into the custody of the archives after the end of the applicable retention period under this Act.

(6) For the purposes of subsection (5), the chief electoral officer must give notice to the Provincial Archivist before the end of each retention period.

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

Investigations and auditsby chief electoral officer

260 (1) The chief electoral officer

(a) must conduct periodic investigations of the financial affairs of registered political parties, registered constituency associations, candidates and leadership contestants for the purpose of ensuring compliance with this Act and the regulations under this Act,

(b) may conduct audits of the accounts of individuals and organizations referred to in paragraph (a), and

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

(2) For the purposes of this section, the chief electoral officer or a representative of the chief electoral officer may inspect and make copies of the records of

(a) a registered political party or a political party that was registered at any time during the past 5 years,

(b) a registered constituency association or a constituency association that was registered at any time during the past 5 years, or

(c) an individual who is or was a candidate or leadership contestant at any time during the past 5 years.

(3) In relation to the authority under subsection (2), the chief electoral officer or a representative of the chief electoral officer may enter at any reason able time the premises where the records of the individual or organization are kept.

(4) An individual or organization occupying premises referred to in subsection (3) must

(a) produce and permit copies or extracts to be made of all records required by the chief electoral officer or the representative, and

(b) provide all information that the chief electoral officer or representative may reasonably require.

(5) The authority under subsection (3) must not be used to enter a dwelling house except with the consent of the occupant or the authority of a warrant under subsection (6).

(6) On being satisfied on evidence on oath or affirmation that there are reasonable and probable grounds to believe that there are in a place records or other things relevant to matters referred to in this section, a justice may issue an order authorizing the chief electoral officer, a representative of the chief electoral officer or a peace officer to enter the place and search for and seize any records or other things relevant to the matter in accordance with the warrant.

Complaints regardingcontraventions of this Act

261 (1) If the chief electoral officer receives a complaint alleging that this Act or a regulation under this Act has been contravened, the chief electoral officer must consider whether to investigate the matter.

(2) The chief electoral officer must refuse to investigate a complaint that in the view of the chief electoral officer appears to be frivolous, vexatious or obviously unfounded.

(3) If a complaint is made in writing and the chief electoral officer decides not to conduct an investigation, the chief electoral officer must notify the complainant in writing of the reasons for the decision.

Enforcement of election expenses penalties

262 (1) In relation to a penalty under section 216 (1) (b) or 217 (1) (b), the chief electoral officer may issue and file with the Supreme Court a certificate specifying the name of the candidate or political party, as applicable, and the amount owed under that subsection by the candidate or political party.

(2) A certificate filed under subsection (1) has the same effect and is enforceable in the same manner as a judgment of the Supreme Court in favour of the government for the recovery of a debt in the amount specified in the certificate.

Enforcement of Act by court injunction

263 (1) On application of the chief electoral officer, the Supreme Court may grant an injunction as follows:

(a) the court may grant an injunction restraining an individual or organization from contravening this Act if the court is satisfied that there are reasonable grounds to believe that the individual or organization has contravened or is likely to contravene this Act;

(b) the court may grant an injunction requiring an individual or organization to comply with this Act if the court is satisfied that there are reasonable grounds to believe that the individual or organization has not complied or is likely not to comply with this Act.

(2) An order under subsection (1) may be made without notice to others if it is necessary to do so in order to protect the public interest.

(3) A contravention of this Act may be restrained under subsection (1) whether or not a penalty or other remedy has been provided by this Act.

Emergencies and otherextraordinary circumstances

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

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

(3) If an order is made under this section, the report of the chief electoral officer to the Legislative Assembly under section 13 must include a report on the order and the circumstances under which it was made.

Test of new electionprocedures in a by-election

265 (1) The chief electoral officer may test new election procedures in a by-election, if this is agreed to by the leaders of the registered political parties entitled to be represented on the Election Advisory Committee.

(2) The agreement must describe the election procedures to be used, refer to the provisions of this Act that those election procedures replace and be signed by each of the leaders.

(3) To the extent of any conflict between an agreement under this section and this Act or a regulation under this Act, the agreement prevails and has the force of law.

Plebiscites on matters of public concern

266 (1) The Lieutenant Governor in Council may direct the chief electoral officer to conduct a plebiscite to determine the opinion of the voters in all or part of British Columbia on a matter of public concern specified by the Lieutenant Governor in Council.

(2) For the purposes of a plebiscite under subsection (1), the Lieutenant Governor in Council may make regulations governing the procedure for the plebiscite.

(3) To the extent that the procedure for a plebiscite is not established under subsection (2), the plebiscite is to be conducted in accordance with the regulations of the chief electoral officer.

Regulations of the chief electoral officer

267 Subject to section 16 (2) (e), the chief electoral officer may make regulations as follows:

(a) establishing procedures to be followed by the Election Advisory Committee;

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

(c) prescribing information that must be included in an application for registration as a voter, in an application for updating voter registration information or on a certification envelope used for voting;

(d) prescribing classes of opinion surveys as excluded from the definition of "opinion survey";

(e) prescribing identifying information that may be used for the purposes of section 35 (1) (d) in an application for registration as a voter;

(f) specifying a form or other document under another enactment for the purposes of section 38;

(g) establishing classes of documents that may be accepted as evidence for the purpose of section 41 (3);

(h) establishing classes of special voting opportunities and restrictions on who may vote at each for the purposes of section 77 (2);

(i) prescribing information that must be included

(i) under section 155 (3) (o) in an application for registration of a political party,

(ii) under section 157 (3) (m) in an application for registration of a constituency association, or

(iii) in a class of report under Part 9 or 10;

(j) prescribing classes by which income, expenditures, election expenses and contestant expenses must be reported in a report under Part 9 or 10;

(k) specifying expenses that are to be included as personal election expenses of a candidate under section 183 (4) (f);

(l) specifying expenses that are to be included as personal contestant expenses of a nomination or leadership contestant under section 184 (4) (f);

(m) specifying election expenses for the purposes of section 202 (1) (i) that are not to be included when determining whether an organization or individual has complied with an election expenses limit;

(n) for the purposes of section 259,

(i) establishing restrictions on provincial, municipal or federal electoral purposes for which information under this Act may be used under that section and, in relation to this, requirements for access to and use of the information, and

(ii) specifying purposes for which information under this Act may be used under that section and, in relation to this, requirements for access to and use of the information;

(o) establishing procedures for conducting a plebiscite under section 266;

(p) establishing higher amounts than those specified in this Act, where these higher amounts are contemplated by this Act;

(q) for any other purpose for which regulations are contemplated by this Act.

 
Part 14 -- Transitional Provisions

Acting chief electoral officer and other officials

268 (1) The individual holding office as chief electoral officer under the Election Act, R.S.B.C. 1979, c. 103, immediately before this section comes into force is deemed to be appointed acting chief electoral officer under section 9 of this Act and, despite that section, continues to hold office until the first appointment is made under section 4.

(2) An individual appointed as a returning officer under the Election Act, R.S.B.C. 1979, c. 103, is deemed to be appointed under this Act as a district electoral officer and an individual appointed as an election clerk under the Election Act, R.S.B.C. 1979, c. 103, is deemed to be appointed under this Act as a deputy district electoral officer.

(3) An individual appointed as a registrar of voters under the Election Act, R.S.B.C. 1979, c. 103, is deemed to be appointed under this Act as district registrar of voters and an individual appointed as a deputy registrar of voters under the Election Act, R.S.B.C. 1979, c. 103, is deemed to be appointed under this Act as a deputy district registrar of voters.

(4) The individuals, other than those referred to in subsections (1) to (3), who are employed under the Election Act, R.S.B.C. 1979, c. 103, immediately before it is repealed continue as and are deemed to be employees under section 10 of this Act.

Preparation for implementation of Act

269 The chief electoral officer must make preparations necessary for the transition to the application of this Act.

Preparation of Provincial list of voters

270 (1) An individual is deemed to be registered as a voter under this Act if, at the time section 31 of this Act comes into force, the individual

(a) is registered as a voter under the Election Act, R.S.B.C. 1979, c. 103, and

(b) is resident in the electoral district for which he or she is entitled to be registered under this Act.

(2) Without limiting section 269, for the purposes of transition to a Provincial list of voters the chief electoral officer may prepare a Provincial list of voters under this Act on the basis of the lists of voters prepared under the Election Act, R.S.B.C. 1979, c. 103.

(3) Section 40 applies for the purpose of allowing the chief electoral officer to update voter registration information on the Provincial list of voters prepared under this section.

Election Advisory Committee

271 (1) For the purposes of transition, the Election Advisory Committee, as referred to in section 14 of this Act, is established to advise the chief electoral officer.

(2) For the purposes of determining the political parties that are entitled to be represented on the Election Advisory Committee, a political party that is authorized to issue tax receipts under the Income Tax Act at the time this section comes into force is deemed to be a registered political party as referred to in section 14.

Registration of political parties and constituency associations

272 (1) For the purpose of allowing political parties and constituency associations to be registered by the date on which Parts 9 and 10 come into force, those organizations may apply to the chief electoral officer at any time after this section comes into force.

(2) Sections 155, 156, 157, 158 and 267 apply for the purposes of subsection (1) of this section with the following exceptions:

(a) section 156 (2) does not apply to a political party that was authorized to issue tax receipts under the Income Tax Act before the date on which this Act received First Reading in the Legislative Assembly;

(b) the chief electoral officer has until 60 days after an application is received to complete the determination as to whether the organization meets the requirements for registration.

(3) For one year after section 206 comes into force, section 206 (1) does not apply to a political party or constituency association that is in existence at the time that section comes into force.

Political contributions made after Act introduced as Bill

273 (1) In this section, "date of introduction" means the date on which this Act received First Reading in the Legislative Assembly.

(2) Subject to this section, this Act does not apply to contributions received on and before the date of introduction and does apply to contributions received after that date.

(3) For a political party or constituency association that applies for registration under this Act before January 1, 1996, the application for registration must include a solemn declaration of the financial agent for the organization as to the funds held on the date of introduction by or to the credit of the organization.

(4) For an individual who is or intends to be a candidate in an election, up to and including the first general election to which this Act applies,

(a) the individual may at any time file a solemn declaration with the chief electoral officer as to the funds held on the date of introduction by or to the credit of the individual in relation to the individual's intention to become a candidate,

(b) nomination documents for the individual must include a solemn declaration of the candidate as to the funds held on the date of introduction by or to the credit of the individual in relation to the individual's intention to become a candidate, and

(c) an election financing report under Part 10 for the individual must include a statement of the funds held on the date of introduction by or to the credit of the individual in relation to the individual's intention to become a candidate.

(5) If a political contribution

(a) is made after the date of introduction but before section 186 comes into force, and

(b) would, if section 186 were in force at the time the political contribution is made, be prohibited by subsection (1) (d), (e) or (f) of that section,

the financial agent must deal with that political contribution in accordance with section 189 as if it were a political contribution made in contravention of this Act.

Authority to issue tax receipts for 1995

274 Despite the repeal and replacement of section 8.1 of the Income Tax Act by this Act, an organization that is authorized, on the day before that repeal comes into force, to issue tax receipts under the Income Tax Act remains entitled to issue tax receipts, in accordance with section 8.1 of that Act as it read before the repeal, in respect of political contributions made to the organization before the date of that repeal.

Previous Act applies to transitional elections

275 Despite the repeal of the Election Act, R.S.B.C. 1979, c. 103, that Act applies to an election that is called before that Act is repealed, even if general voting day for the election is after that date.

Transition for petitions under the Recall and Initiative Act

276 Despite the amendments to the Recall and Initiative Act made by this Act, that Act and the regulations under that Act, as they read immediately before those amendments came into force, apply in relation to a petition issued under that Act before those amendments came into force but do not apply to an initiative vote in relation to such a petition.

 
Part 15 -- Consequential Amendments

 
Constitution Act

277 Section 27 (2) of the Constitution Act, R.S.B.C. 1979, c. 62, is repealed and the following substituted:

(2) If the committee reports to the Legislative Assembly that the member has contravened section 25 and the Legislative Assembly adopts the report, the member ceases to be a member and the seat of the member is vacant.

278 Sections 34 to 41 are repealed and the following substituted:

Member of Legislative Assembly who sits as a member of the House of Commons

34 If a person who is a member of the Legislative Assembly sits or votes as a member of the House of Commons of Canada,

(a) the person ceases to be a member of the Legislative Assembly and the seat of the member is vacant, and

(b) for as long as the person continues as a member of the House of Commons, the person is disqualified from being nominated as a candidate or being elected or holding office as a member of the Legislative Assembly.

Resignation of a member

35 (1) A member of the Legislative Assembly who wishes to resign may do so

(a) by declaring in the member's place in the Legislative Assembly during its proceedings the member's intention to resign, or

(b) by delivering to the Speaker a resignation signed by the member and attested by 2 witnesses.

(2) A resignation under subsection (1) (b) may be delivered to the Clerk of the Legislative Assembly if there is no Speaker, if the Speaker is absent from British Columbia or if the member in question is the Speaker.

(3) An entry of a resignation delivered under subsection (1) (b) must be made in the Journals of the Legislative Assembly.

(4) At the time the declaration is made or the written resignation is delivered under subsection (1), the person tendering the resignation ceases to be a member and the seat of the member is vacant.

Forfeiture of a member's seat

36 A person ceases to be a member of the Legislative Assembly and the seat of the member becomes vacant if any of the following circumstances apply:

(a) without the permission of the Legislative Assembly, the member fails to attend the Legislative Assembly during a whole session;

(b) the member takes an oath or makes a declaration or acknowledgment of allegiance, obedience or adherence to a foreign state or power;

(c) the member does or concurs in or adopts an act by which the member may become the subject or citizen of any foreign state or power;

(d) the member is convicted of an indictable offence that may only be prosecuted by way of indictment.

Issue of warrant for by-election

37 (1) If any of the following circumstances apply, the Speaker must issue and deliver to the Chief Electoral Officer a warrant for the issue of a writ for a by-election:

(a) the Speaker is informed of a vacancy caused by the death of a member of the Legislative Assembly by notice

(i) being given by another member in that other member's place in the Legislative Assembly, or

(ii) in writing signed by 2 members and delivered to the Speaker;

(b) there is a vacancy in the Legislative Assembly caused by the adoption of a report under section 27;

(c) there is a vacancy in the Legislative Assembly by reason of a resignation under section 35;

(d) there is a vacancy in the Legislative Assembly by reason of section 36;

(e) the Chief Electoral Officer reports under the Election Act to the Speaker or Clerk of the Legislative Assembly that

(i) no member was elected for an electoral district because 2 or more candidates in an election had the same number of votes,

(ii) on the final determination of an application under Part 8 under that Act, the court has declared that an election was invalid or that the seat of a member of the Legislative Assembly is vacant,

(iii) the seat of a member has become vacant under section 216 of that Act because the election expenses of the member were greater than permitted under that Act,

(iv) the seat of a member has become vacant under section 220 of that Act because the member failed to file the election financing report required under that Act,

(v) the seat of a member has become vacant under section 221 of that Act because the member failed to file the leadership contestant financing report required under that Act, or

(vi) the seat of a member has become vacant under section 225 of that Act in relation to a conviction for making a false or misleading report under that Act;

(f) the Chief Electoral Officer reports under the Recall and Initiative Act to the Speaker or Clerk of the Legislative Assembly that the seat of a member has become vacant under section 25 of that Act.

(2) The Speaker must deliver a copy of the warrant to the Clerk of the Executive Council.

(3) The Clerk of the Legislative Assembly has the duties and powers of the Speaker under this section if there is no Speaker, if the Speaker is absent from British Columbia or if the member in question is the Speaker.

(4) The writ for a by-election authorized by a warrant under this section must be issued

(a) in the case of a warrant under subsection (1) (a) to (e), within 6 months after the receipt of the warrant by the Chief Electoral Officer, and

(b) in the case of a warrant under subsection (1) (f), within 90 days after the receipt of the warrant by the Chief Electoral Officer.

279 Sections 54 to 61 are repealed.

 
Financial Administration Act

280 Section 28 of the Financial Administration Act, S.B.C. 1981, c. 15, is amended

(a) in subsection (4) by adding the following paragraph:

(d.1) the Chief Electoral Officer; ,

(b) by repealing subsection (4) (f) and substituting the following:

(f) a person authorized by a person referred to in paragraphs (a) to (d.1) in accordance with directives of Treasury Board. , and

(c) by repealing subsection (5) and substituting the following:

(5) The authority of a person referred to in subsection (4) (a) to (d.1) extends only to requisitions and certificates relating to payments from

(a) an appropriation for that part of the public service of which the person has charge, or

(b) trust funds of which the person has management.

281 Section 30 (3) and (4) is amended by striking out "section 28 (4) (a) to (d)," and substituting "section 28 (4) (a) to (d.1),".

 
Freedom of Information and Protection of Privacy Act

282 Schedule 1 of the Freedom of Information and Protection of Privacy Act, S.B.C. 1992, c. 61, is amended in the definition of "officer of the Legislature" by adding ", the Chief Electoral Officer" after "the Information and Privacy Commissioner".

283 Schedule 2 is amended by adding "Elections British Columbia" under the column headed "Public Body" and adding "Chief Electoral Officer" in the opposite column.

 
Income Tax Act

284 Section 8.1 of the Income Tax Act, R.S.B.C. 1979, c. 190, is repealed and the following substituted:

Political contributions

8.1 (1)In this section

"candidate" means an individual who is a candidate within the meaning of section 63 of the Election Act;

"eligible political contribution" means a political contribution, as defined in the Election Act, that is made

(a) by a taxpayer to a registered political party, a registered constituency association or a candidate, and

(b) in the form of cash or a negotiable instrument issued by the person making the contribution, or by means of a credit card in the name of the person making the contribution,

but does not include a political contribution that is made in contravention of the Election Act;

"financial agent" means a financial agent or deputy financial agent under Part 10 of the Election Act for a registered political party, a registered constituency association or a candidate;

"registered constituency association" means a registered constituency association as defined in the Election Act, but does not include a registered constituency association that is suspended under that Act;

"registered political party" means a registered political party as defined in the Election Act, but does not include a registered political party that is suspended under that Act;

"tax otherwise payable" means the amount that would, but for section 120.1 of the federal Act, be the tax otherwise payable under this Part.

(2) Subject to this section, there may be deducted from the tax otherwise payable by a taxpayer under this Part for a taxation year, in respect of the aggregate of all amounts each of which is an eligible political contribution, whichever of the following is applicable:

(a) 75% of the aggregate, if the aggregate does not exceed $100;

(b) $75 plus 50% of the amount by which the aggregate exceeds $100, if the aggregate exceeds $100 and does not exceed $550;

(c) the smaller of

(i) $300 plus 33 1/3% of the amount by which the aggregate exceeds $550, and

(ii) $500.

(3) To make a deduction under subsection (2), payment of each eligible political contribution that is included in the aggregate must be proved by filing with the minister receipts that

(a) include the prescribed information,

(b) are signed by the financial agent of the person to whom or organization to which the contribution is made, and

(c) if applicable, are in the prescribed form.

(4) If a person was a member of a partnership at the end of a taxation year of the partnership, the person's share of any amount contributed by the partnership in that taxation year that would, if the partnership were a person, be an eligible political contribution under this section is deemed for the purposes of this section to be an amount contributed by the taxpayer in the taxpayer's taxation year in which the taxation year of the partnership ended.

(5) Sections 41 and 42 apply to a financial agent as if that person were carrying on business in British Columbia.

(6) Without limiting authority under any other enactment, the Commissioner of Income Tax, or a person authorized by that official, is entitled to inspect and make copies or extracts of

(a) all information filed under the Election Act with the Chief Electoral Officer, and

(b) all records in relation to political contributions required to be kept under the Election Act or made for the purpose of complying with a requirement under that Act to file information regarding political contributions with the Chief Electoral Officer.

(7) Without limiting authority under any other enactment, the Chief Electoral Officer is entitled to inspect and make copies or extracts of all information filed under this Act in relation to eligible political contributions.

(8) The Lieutenant Governor in Council may make regulations for the purposes of this section as follows:

(a) prescribing the information that must be included in a receipt;

(b) prescribing a form of receipt that must be used by registered political parties, registered constituency associations or candidates;

(c) requiring the keeping of records and return of receipts;

(d) restricting or qualifying the meaning of "eligible political contribution".

 
Legislative Assembly Allowances and Pension Act

285 Section 8 (2) of the Legislative Assembly Allowances and Pension Act, R.S.B.C. 1979, c. 228, is repealed and the following substituted:

(2) References in this section to the date of an election are references to general voting day under the Election Act for that election.

 
Public Service Labour Relations Act

286 Section 1 (1) of the Public Service Labour Relations Act, R.S.B.C. 1979, c. 346, is amended in the definition of "employee" by striking out "and" at the end of paragraph (dd), by adding "and" at the end of paragraph (ee) and by adding the following paragraph:

(ff) a member of the staff of the Chief Electoral Officer; .

 
Recall and Initiative Act

287 Section 1 of the Recall and Initiative Act, S.B.C. 1994, c. 56, is repealed and the following substituted:

Definitions

1 (1) In this Act:

"authorized participant" means,

(a) in relation to an initiative petition, an authorized participant within the meaning of section 29,

(b) in relation to an initiative vote, an authorized participant within the meaning of section 59, and

(c) in relation to a recall petition, an authorized participant within the meaning of section 93;

"conduct" includes, in relation to initiative advertising and recall advertising, publish;

"expenses limit" means,

(a) in relation to an initiative petition, the applicable limit established under section 48 for initiative petition expenses,

(b) in relation to an initiative vote, the applicable limit established under section 74 for initiative vote expenses, and

(c) in relation to a recall petition, the applicable limit established under section 109 for recall expenses;

"financial agent" means,

(a) in relation to an initiative petition, a financial agent under section 30 or 32,

(b) in relation to an initiative vote, a financial agent under section 61, 62 or 63, and

(c) in relation to a recall petition, a financial agent under section 94;

"incur" means, in relation to an initiative petition expense, an initiative vote expense or a recall expense, using property or services in a manner that the value of the property or services is such an expense;

"initiative advertising" means initiative advertising within the meaning of section 85;

"initiative opinion survey" means an initiative opinion survey within the meaning of section 85;

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

"initiative petition contribution" means an initiative petition contribution within the meaning of Part 4;

"initiative petition expense" means an initiative petition expense within the meaning of Part 4;

"initiative petition period" means the period commencing on the day on which an initiative petition application is approved in principle by the chief electoral officer and ending

(a) on the last day under section 4 (4) or 17 (4), as applicable, for signing the petition, or

(b) if this is earlier, on the day on which the petition is submitted to the chief electoral officer in accordance with section 7;

"initiative vote" means an initiative vote under section 13;

"initiative vote contribution" means an initiative vote contribution within the meaning of Part 5;

"initiative vote expense" means an initiative vote expense within the meaning of Part 5;

"initiative vote period" means the period commencing 60 days before general voting day for an initiative vote and ending at the close of general voting for the initiative vote;

"Member" means a member of the Legislative Assembly;

"opponent" means,

(a) in relation to an initiative petition, an opponent of the petition within the meaning of section 29 (1) (b), or

(b) in relation to an initiative vote, an opponent of the vote within the meaning of section 59 (1) (b),

and, in relation to Parts 4, 5 and 6, includes an individual or organization who intends to become an opponent or who was an opponent;

"opponent group" means,

(a) in relation to an initiative petition, an opponent group for the petition within the meaning of section 33, or

(b) in relation to an initiative vote, an opponent group for the vote within the meaning of section 63 (2);

"personal recall expenses" means personal recall expenses within the meaning of section 100;

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

"proponent" means,

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

(b) in relation to an initiative vote, a proponent within the meaning of section 59 (1) (a), and

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

and, in relation to Parts 4, 5, 6, 7 and 8, includes an individual who intends to become a proponent or who was a proponent;

"proponent group" means, in relation to an initiative vote, a proponent group for the vote within the meaning of section 62 (3);

"recall advertising" means recall advertising within the meaning of section 120;

"recall contribution" means a recall contribution within the meaning of Part 7;

"recall expense" means a recall expense within the meaning of Part 7;

"recall opinion survey" means a recall opinion survey within the meaning of section 120;

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

"recall petition period" means the period commencing on the day on which a recall petition application is approved in principle by the chief electoral officer and ending

(a) on the last day under section 20 (2) for signing the petition, or

(b) if this is earlier, on the day on which the petition is submitted to the chief electoral officer in accordance with section 23;

"registered voter" means a voter who is registered under the Election Act as a voter for an electoral district;

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

"signature sheet" means a sheet for an initiative petition that is to be used for the signatures of registered voters for a specific electoral district.

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

288 Section 3 is amended

(a) in subsection (1) by striking out "voter" and substituting "registered voter",

(b) by repealing subsection (2) and substituting the following:

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

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

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

(c) a solemn declaration of the applicant that he or she is not disqualified under this Act from making the application;

(d) any other information that may be prescribed. , and

(c) by repealing subsection (5) and substituting the following:

(5) The initiative petition must not relate to a legislative proposal that is the same as or substantially similar to a legislative proposal that is the subject of another initiative petition if

(a) the initiative petition period for that other petition has not ended, or

(b) that other petition has been submitted to the chief electoral officer in accordance with section 7 but has not yet been dealt with under that section and, if applicable, under sections 10 and 11.

289 Sections 4 and 5 are repealed and the following substituted:

Issue of initiative petition

4 (1) If satisfied that the requirements of section 3 have been met, the chief electoral officer must

(a) notify the proponent that the application has been approved in principle,

(b) publish notice of the approval in principle in the Gazette and in at least one newspaper circulating in British Columbia, and

(c) issue the petition 60 days after the notice is published in the Gazette.

(2) Once an application has received approval in principle, the application and the draft Bill accompanying the application may be inspected at the office of the chief electoral officer during its regular office hours.

(3) An initiative petition must be in the form set out in the regulations and must have separate signature sheets for each electoral district.

(4) An initiative petition must be signed within 90 days from the date on which it is issued by the chief electoral officer, subject to an extension under section 17 (4).

Who may sign an initiative petition

5 (1) In order to sign an initiative petition, an individual

(a) must have been a registered voter on the date the petition was first issued, and

(b) on the date he or she signs a signature sheet for the petition, must be a registered voter for the electoral district for which the signature sheet was issued.

(2) An individual may sign any one initiative petition only once.

(3) An individual who signs an initiative petition must also indicate his or her residential address on the petition.

290 Section 6 (1) is amended by striking out "A voter may" and substituting "A registered voter may".

291 Section 7 is repealed and the following substituted:

Requirements for initiative petition

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

(a) the signature sheets must be submitted to the chief electoral officer by the end of the period under section 4 (4) or, if applicable, in accordance with section 17;

(b) for each electoral district in British Columbia, the signature sheets for the electoral district must be signed by at least 10% of the total number of registered voters entitled to sign those signature sheets.

(2) To be counted for the purpose of subsection (1) (b), a signature on the petition must be accompanied by the residential address of the individual who signed and must be witnessed by the individual who canvassed the signature.

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

292 Section 10 is repealed and the following substituted:

Referral of initiative to select standing committee

10 If the chief electoral officer determines in accordance with the regulations that

(a) the initiative petition meets the requirements of section 7, and

(b) the proponent has complied with Part 4,

the chief electoral officer must send a copy of the petition and draft Bill to the select standing committee.

293 Section 13 (2) is repealed and the following substituted:

(2) On the recommendation of the minister after consultation with the chief electoral officer, the Lieutenant Governor in Council may make regulations respecting the conducting of an initiative vote under this Act.

294 Section 14 is amended by renumbering the section as section 14 (1) and by adding the following subsection:

(2) At least 90 days before general voting day for an initiative vote, the chief electoral officer must publish notice of the vote in the Gazette and in at least one newspaper circulating in British Columbia.

295 Section 15 is repealed and the following substituted:

Determination of successful initiative vote

15 (1) Subject to Part 5, the chief electoral officer must declare an initiative vote to be successful if

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

(b) more than 50% of the total number of registered voters for 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 registered voters must be calculated as of the date of the vote.

296 Section 17 is repealed and the following substituted:

Suspension of petition process during general election

17 (1) If a general election is called during the 90 day signing period under section 4 (4) for an initiative petition, after the election is called

(a) the period for signing the initiative petition is suspended,

(b) copies of the original signature sheets issued under section 4 may not be used for further signatures,

(c) any further signatures for the petition must be on a signature sheet issued under subsection (3) of this section, and

(d) signature sheets issued under this section must be signed before the end of the extended period for signing the petition under subsection (4) of this section.

(2) In order to have the initiative petition reissued, the proponent must, within 72 hours after the day on which the general election is called, submit to the chief electoral officer all signed copies of the signature sheets for the petition that were issued under section 4.

(3) As soon as practicable after reporting the results of the general election to the Clerk of the Legislative Assembly, the chief electoral officer must reissue the petition by issuing new signature sheets that are marked as being provided under this section.

(4) Despite any other provision of this Act, the extended period for signing referred to in subsection (1) (d) begins on the day when the signature sheets are issued under subsection (3) and ends the number of days later that is equal to the remaining number of days in the original signing period under section 4 (4).

(5) The signature sheets for the reissued petition must be submitted to the chief electoral officer before the end of the period under subsection (4).

(6) For an initiative petition to which this section applies, only those signature sheets submitted to the chief electoral officer in accordance with this section are to be considered for the purposes of section 7 (1) (b).

(7) If a general election is called between the time when a petition is submitted under section 7 and the determination under section 10, the time period under section 8 does not apply and the chief electoral officer must complete the required determinations as soon as possible after the return of the writs for the general election.

297 Sections 19 to 21 are repealed and the following substituted:

Application for recall petition

19 (1) A registered 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:

(a) the name of the Member;

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

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

(d) a solemn declaration of the applicant that he or she is not disqualified under this Act from making the application;

(e) 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 general voting day for the last election of the Member.

Issue of recall petition

20 (1) If satisfied that the requirements of section 19 have been met, the chief electoral officer must

(a) notify the proponent, the Member in relation to whom the petition is to be issued and the Speaker that the application has been approved in principle, and

(b) issue the petition in the form set out in the regulations within 7 days after notice is given in accordance with paragraph (a).

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

(3) Once an application has received approval in principle, it may be inspected at the office of the chief electoral officer during its regular office hours.

Who may sign a recall petition

21 (1) In order to sign a recall petition, an individual

(a) must have been a registered voter for the electoral district for which the Member was elected on general voting day for the last election of the Member, and

(b) on the date he or she signs the petition, must be a registered voter for an electoral district in British Columbia.

(2) An individual may sign any one recall petition only once.

(3) An individual who signs a recall petition must also indicate his or her residential address on the petition.

298 Section 22 (1) is amended by striking out "A voter may" and substituting "A registered voter may".

299 Section 23 is repealed and the following substituted:

Requirements for recall petition

23 (1) A recall petition must comply with the following requirements:

(a) the petition must be submitted to the chief electoral officer within 60 days after 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 entitled to sign the recall petition under section 21.

(2) To be counted for the purpose of subsection (1) (b), a signature on the petition must be accompanied by the residential address of the individual who signed and must be witnessed by the individual who canvassed the signature.

300 Section 25 is amended

(a) by striking out "member" wherever it appears and substituting "Member", and

(b) by repealing subsection (1) (b) and substituting the following:

(b) the proponent has complied with Parts 7, .

301 Section 26 is repealed and the following substituted:

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 in accordance with section 37 of the Constitution Act.

302 Parts 4 and 5, the heading to Part 6 and sections 39 to 43 are repealed and the following substituted:

 
Part 4 -- Initiative Petition Financing

 
Division 1 -- Authorized Participants and Financial Agents

Authorized participants must have financial agent

29 (1) The authorized participants for an initiative petition are

(a) the proponent of the petition, and

(b) the opponents of the petition, being the individuals and organizations for whom a financial agent has been designated under section 32.

(2) An authorized participant may only accept initiative petition contributions and incur initiative petition expenses through the financial agent for the authorized participant.

(3) The following are disqualified from acting as financial agent:

(a) an election official, a voter registration official or an individual who is otherwise a member of the staff of the chief electoral officer;

(b) an individual who does not have full capacity to enter into contracts;

(c) an individual who is disqualified under section 53, 56, 79 or 82;

(d) an individual who, at any time within the previous 7 years, has been convicted of an offence under this Act or the Election Act.

Financial agent for proponent

30 (1) Within 60 days after the day on which notice of approval in principle for an application for an initiative petition is published in the Gazette, the proponent must deliver the following to the chief electoral officer:

(a) a statement as to whether or not the proponent is acting as his or her own financial agent;

(b) if the proponent is not acting as his or her own financial agent, a copy of the appointment and the consent and statement referred to in subsection (2) (b);

(c) an address to which notices under this Act may be delivered to the financial agent or the proponent, as referred to in section 138.

(2) The appointment of a financial agent for a proponent must be made in writing and must

(a) include the name, mailing address and telephone number of the individual appointed and the effective date of the appointment, and

(b) be accompanied by

(i) a signed consent of the individual appointed to act as financial agent, and

(ii) a signed statement of the individual appointed that he or she is not disqualified from acting as a financial agent.

(3) If there is any change in who is the financial agent for a proponent, the proponent must, as soon as possible, notify the chief electoral officer of this change and, for these purposes, must deliver notice in accordance with subsection (1) (a) to (c).

Application to become an opponent of an initiative petition

31 (1) An individual or organization who wishes to be an opponent of an initiative petition must apply to the chief electoral officer in accordance with this section within 30 days after the day on which notice of approval in principle for the petition is published in the Gazette.

(2) An application must include the name of an individual proposed as financial agent for the applicant, who

(a) may be the applicant, another applicant or someone who is not an applicant, and

(b) may be proposed as the financial agent for another applicant.

(3) In addition to the name of the individual proposed as financial agent for the applicant, an application must include the following:

(a) the full name of the applicant and, in the case of an applicant organization that has a different usual name, this usual name;

(b) the full address and telephone number of the applicant and, if this is different, the address to which notices under this Act and other communications may be delivered to the applicant, as referred to in section 138;

(c) in the case of an applicant organization, the names of the principal officers of the organization or, if there are no principal officers, of the principal members of the organization;

(d) a statement that the applicant opposes the initiative;

(e) a statement that the applicant is not disqualified from being an authorized participant.

(4) An application must be signed, as applicable, by the individual applicant or, in the case of an applicant organization, by 2 principal officers of the organization or, if there are no principal officers, by 2 principal members of the organization.

(5) The chief electoral officer may require applications to be in a specified form.

(6) An application is not complete unless the individual who is proposed as financial agent files the following with the chief electoral officer before the end of the time period referred to in subsection (1):

(a) his or her signed consent to act as financial agent if designated under section 32;

(b) his or her name, mailing address and telephone number;

(c) an address to which, if the individual is designated, notices under this Act may be delivered to the financial agent or the opponents or opponent group for whom he or she is acting as financial agent, as referred to in section 138;

(d) a signed statement that he or she is not disqualified from acting as a financial agent.

Financial agents for opponents

32 (1) The chief electoral officer must designate financial agents for opponents in accordance with this section as soon as possible after the end of the period for applying under section 31 (1).

(2) If one individual is proposed under section 31 as financial agent by 50% or more of the total number of applicants under that section, the chief electoral officer must designate that individual as financial agent for the applicants by whom he or she was proposed.

(3) If 2 or more individuals proposed under section 31 as financial agent are each proposed by 20% or more of the total number of applicants under that section, the chief electoral officer must designate those individuals as financial agents for the applicants by whom they were proposed.

(4) If

(a) none of the individuals proposed under section 31 as financial agent are proposed by 20% or more of the total number of applicants under that section, or

(b) only one individual is proposed under section 31 as financial agent by 20% or more, but less than 50%, of the total number of applicants under that section,

the chief electoral officer must proceed in accordance with subsections (5) and (6).

(5) In the circumstances referred to in subsection (4), the chief electoral officer must notify the applicants of the following:

(a) the results of the process under this section up to this time;

(b) the names, addresses and telephone numbers of the other individuals and organizations that have applied to become opponents;

(c) the names, addresses and telephone numbers of the individuals who have been proposed as financial agent by the applicants.

(6) An applicant who is notified under subsection (5) may file a signed statement with the chief electoral officer indicating, for the purpose of subsection (8), the individual proposed by the applicant as financial agent, who may be

(a) the same individual that the applicant originally proposed under section 31 as financial agent, or

(b) an individual proposed under section 31 as financial agent by another applicant.

(7) A statement under subsection (6) must be filed with the chief electoral officer within 29 days after the end of the application period under section 31 and must be signed, as applicable, by the individual applicant or by 2 principal officers of the applicant organization.

(8) After the period referred to in subsection (7),

(a) if one or more of the individuals proposed under section 31 is proposed as financial agent by 20% or more of the applicants, as indicated by the signed statements under subsection (6) of this section, the chief electoral officer must designate each of those individuals as financial agent for the applicants by whom they were proposed, and

(b) if none of the individuals proposed under section 31 are proposed as financial agent by 20% or more of the applicants, as indicated by the signed statements under subsection (6) of this section, no financial agent is to be designated under this section and no individual or organization may act as an opponent.

Notice to opponent groups

33 (1) The opponents for whom the same financial agent is designated are, together, an opponent group for the initiative petition.

(2) As soon as possible after financial agents are designated under section 32, the chief electoral officer must give notice of the following to the applicants for whom financial agents have been designated:

(a) that they are opponents for the initiative petition;

(b) the name, address and telephone number of the individual who has been designated as their financial agent;

(c) the other opponents who are part of their opponent group;

(d) the initiative petition expenses limit for their opponent group determined in accordance with section 48 (2).

(3) If applicable, the chief electoral officer must notify those applicants for whom no financial agent has been designated that they will not be and must not act as opponents of the initiative petition for the purposes of this Act.

(4) If an individual designated as a financial agent for an opponent group is unable to act as financial agent, the chief electoral officer may designate another individual as financial agent for the opponent group and, for this purpose, may establish a process for selecting that other individual.

General obligations of financial agent

34 (1) Without limiting the obligations of a financial agent of an authorized participant under any other provision of this Act, a financial agent must do the following:

(a) ensure that all initiative petition contributions, initiative petition expenses and other income and expenditures in relation to the initiative petition are properly recorded to allow compliance with the reporting requirements of this Act;

(b) ensure that all money received by or on behalf of the authorized participant in relation to an initiative petition is deposited in an account in a savings institution and that all expenditures of the authorized participant are paid from an account in a savings institution;

(c) ensure that all records required to be kept for the purposes of this Act by the authorized participant are maintained in British Columbia;

(d) ensure that all financial records and receipts of the authorized participant in relation to this Act are retained for at least 5 years from the date of filing of any report under this Act required in relation to them;

(e) make every reasonable effort to ensure that every expenditure greater than the applicable amount under section 177 (2) (e) of the Election Act that is incurred by the authorized participant in relation to the initiative petition is documented by a statement setting out the particulars of the expenditure.

(2) A financial agent is not personally liable for any liability of an authorized participant for whom the financial agent is acting unless the liability is personally guaranteed by the financial agent.

Assistant financial agent

35 (1) A financial agent may authorize one or more individuals to accept initiative petition contributions and incur initiative petition expenses on behalf of the financial agent.

(2) An individual who is authorized under subsection (1) to accept initiative petition contributions and incur initiative petition expenses has, for those purposes, all the powers, duties and protections of the financial agent.

(3) As soon as practicable after an authorization under subsection (1) is made, a copy of the authorization must be delivered to the chief electoral officer.

 
Division 2 -- Initiative Petition Contributions and Expenses

Initiative petition contributions generally

36 (1) Subject to this Part, an initiative petition contribution is an amount of money or the value of any property or services provided without compensation by way of donation, advance, deposit, discount or otherwise to an authorized participant in relation to an initiative petition.

(2) If property or services are provided to an authorized participant at less than market value or acquired from an authorized participant at greater than market value, the difference between the market value of the property or services at the time provided and the amount charged is an initiative petition contribution.

(3) The amount of any money, but not the value of any property or services, provided in relation to an initiative petition by an authorized participant who is an individual is an initiative petition contribution.

(4) The value of the following is not an initiative petition contribution:

(a) services provided by a volunteer;

(b) property of a volunteer if the property is provided or used in relation to the services of the individual as a volunteer;

(c) property or services provided by an election official, a voter registration official or any other member of the staff of the chief electoral officer in that official capacity;

(d) publishing without charge news, an editorial, an interview, a column, a letter or a commentary in a bona fide periodical publication or a radio or television program;

(e) broadcasting time provided, without charge, as part of a bona fide public affairs program;

(f) producing, promoting or distributing a publication for no less than its market value, if the publication was planned to be sold regardless of the petition.

Initiative petition contributions through loans and debts

37 (1) A loan to an authorized participant is not an initiative petition contribution unless it is forgiven or written off.

(2) If a loan to an authorized participant is made at a rate of interest that is less than the prime rate of the principal banker to the government at the time the rate of interest for the loan is fixed, the benefit of the difference between the amount of interest that would be payable at that prime rate and the amount of interest being charged for the loan is an initiative petition contribution.

(3) The amount of a debt owed by an authorized participant in relation to initiative petition expenses is an initiative petition contribution if it remains unpaid for 6 months after becoming due and no legal proceedings to recover the debt have been commenced by the creditor.

(4) For certainty, nothing in subsection (3) affects the rights of a creditor in relation to a debt that becomes an initiative petition contribution under that subsection.

Initiative petition contributions through fundraising functions

38 (1) Except as provided in this section or if received as anonymous contributions under section 41 (1) (f), funds raised by an initiative petition fundraising function held by or on behalf of an authorized participant are not initiative petition contributions.

(2) If a charge per individual is made for an initiative petition fundraising function, the following rules apply:

(a) the payment of the charge by an organization is an initiative petition contribution;

(b) if the per individual charge is greater than the applicable amount under section 182 (2) (b) of the Election Act, the payment of the charge by an individual is an initiative petition contribution;

(c) if the per individual charge is the amount referred to in paragraph (b) or less,

(i) the payment by an individual of more than the applicable amount under section 182 (2) (c) (i) of the Election Act, in respect of one or more charges, is an initiative petition contribution, and

(ii) the payment by an individual of the amount referred to in subparagraph (i) or less, in respect of one or more charges, is not an initiative petition contribution.

(3) If the amount paid for property or services offered for sale at an initiative petition fundraising function is greater than their market value, the difference between the amount paid and the market value at the time it is agreed to be paid is an initiative petition contribution.

(4) The value of property or services, or both, donated by an organization or individual for sale at an initiative petition fundraising function is an initiative petition contribution unless the property or services or both, as applicable,

(a) are used for sale at the initiative petition fundraising function, and

(b) have a total value that is not greater than the applicable amount under section 182 (4) (b) of the Election Act.

Initiative petition expenses

39 (1) Subject to this Part, an initiative petition expense is the value of property or services used during an initiative petition period to promote or oppose, directly or indirectly, an initiative petition or draft Bill.

(2) A deficit incurred in holding an initiative petition fundraising function during an initiative petition period is an initiative petition expense.

(3) The value of the following is not an initiative petition expense:

(a) property and services referred to in section 36 (4);

(b) goods produced by an individual as a volunteer from the property of the individual;

(c) goods produced by an authorized participant who is an individual from the property of the authorized participant.

General valuation rules

40 (1) The rules in this section apply for the purpose of determining the value of an initiative petition contribution or initiative petition expense unless otherwise expressly provided in this Part.

(2) The value of any property or services is

(a) the price paid for the property or services, or

(b) the market value of the property or services, if no price is paid or if the price paid is lower than the market value.

(3) If the property is a capital asset, the value of the property is the market value of using the property.

(4) The value of free advertising space in a periodical publication and free broadcasting time provided to an authorized participant for an initiative petition is nil if the space or time is made available on an equitable basis to both the proponent and the opponent groups.

 
Division 3 -- Making and Accepting Initiative Petition Contributions

Restrictions on making initiative petition contributions

41 (1) An individual or organization must not do any of the following:

(a) make an initiative petition contribution to an authorized participant except by making it to the financial agent;

(b) make an initiative petition contribution without disclosing to the financial agent the information required to be recorded under section 45;

(c) make an initiative petition contribution of money in an amount greater than the applicable amount under section 186 (1) (c) of the Election Act, except by means of

(i) a cheque with the name of the contributor legibly shown on it and drawn on an account in the contributor's name maintained in a savings institution,

(ii) a money order with the name of the contributor legibly shown on it and signed by the contributor, or

(iii) a credit card in the name of the contributor, evidenced by an authorization for the payment with the name of the contributor legibly shown on it and signed by the contributor;

(d) make an initiative petition contribution with the money, other property or services of another;

(e) make an initiative petition contribution indirectly by giving money, other property or services to an individual or organization

(i) for that individual or organization to make as an initiative petition contribution, or

(ii) as consideration for that individual or organization making an initiative petition contribution;

(f) make an anonymous initiative petition contribution unless the contribution

(i) is provided in response to a general solicitation for funds at a function held on behalf of or in relation to the affairs of the authorized participant to whom the contribution is provided, and

(ii) has a value of less than the applicable amount under section 186 (1) (f) (ii) of the Election Act.

(2) As an exception to subsection (1) (d), an individual or organization may make an initiative petition contribution indirectly by providing compensation to an individual who provides services that are an initiative petition contribution, in which case the individual or organization providing the compensation is the contributor for the purposes of this Act.

Restrictions on accepting initiative petition contributions

42 (1) A financial agent must not accept an initiative petition contribution that the financial agent has reason to believe is made in contravention of this Act.

(2) If an individual authorized under section 35 becomes aware that an initiative petition contribution may have been made in contravention of this Act, the individual must immediately inform the financial agent.

Limits on anonymous contributions

43 (1) A financial agent must not accept, in relation to an initiative petition, more than 50% of the applicable amount under section 188 (1) of the Election Act in permitted anonymous contributions under section 41 (1) (f) of this Act.

(2) A financial agent must not accept an anonymous initiative petition contribution if this will exceed the limit under subsection (1).

Prohibited contributions must be returned

44 (1) If a financial agent becomes aware that an initiative petition contribution was made or accepted in contravention of this Act, the financial agent must return to the contributor

(a) the initiative petition contribution, or

(b) an amount equal to the value of the initiative petition contribution,

within 14 days after the financial agent becomes aware of the contravention.

(2) If a financial agent is not able to comply with subsection (1), as soon as practicable the financial agent must instead pay the amount referred to in that subsection to the chief electoral officer for payment to the consolidated revenue fund.

(3) If an account maintained by a financial agent for the proponent contains insufficient funds to make a payment required under subsection (1) or (2), the proponent is liable to provide the necessary funds to meet the deficiency.

(4) If an account maintained by a financial agent for an opponent group contains insufficient funds to make a payment required under subsection (1) or (2), the members of the opponent group are jointly and severally liable to provide the necessary funds to meet the deficiency.

Financial agent must record each initiative petition contribution

45 (1) For the purposes of complying with the reporting requirements of this Part, a financial agent must record the following for each initiative petition contribution made to the authorized participant:

(a) the value of the contribution;

(b) the date the contribution was made;

(c) the full name and address of the contributor;

(d) the class of the contributor as described in subsection (2);

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

(i) who are directors of the organization, or

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

(2) Contributors must be classified as follows:

(a) individuals;

(b) corporations;

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

(d) trade unions;

(e) non-profit organizations;

(f) other contributors.

(3) As an exception in the case of anonymous contributions permitted under section 41 (1) (f), the financial agent must record the following:

(a) a description of the function at which the contributions were collected;

(b) the date of the function;

(c) the number of people in attendance at the function;

(d) the total amount of anonymous contributions accepted.

(4) In the case of a loan referred to in section 37, at the time the loan is made the financial agent must record the following:

(a) the information referred to in subsection (1) (b) to (e);

(b) the amount of the loan;

(c) the rate of interest charged for the loan.

(5) For an initiative petition fundraising function held by or on behalf of an authorized participant, the financial agent must record the following:

(a) a description of the function;

(b) the date of the function;

(c) the cost, the gross income and the net income or loss arising from the function.

 
Division 4 -- Initiative Petition Expenses

Restrictions on who may incur initiative petition expenses

46 (1) Subject to section 87, an individual or organization other than an authorized participant must not incur an initiative petition expense.

(2) The financial agent of an authorized participant must not pay an initiative petition expense unless the payment is made out of the property of the authorized participant for whom it is incurred.

Initiative petition expenses in excess of limit prohibited

47 (1) As applicable,

(a) a proponent must not incur an initiative petition expense if incurring the expense will result in the initiative petition expenses of the proponent exceeding the expenses limit determined under section 48 (1), and

(b) a member of an opponent group must not incur an initiative petition expense if incurring the expense will result in the initiative petition expenses for the opponent group exceeding the expenses limit determined for that opponent group under section 48 (2).

(2) The following expenses are not to be included as initiative petition expenses for the purpose of determining whether an authorized participant has complied with the applicable expenses limit:

(a) fees charged by the chief electoral officer under this Act;

(b) costs incurred for producing copies of the petition in accordance with the regulations;

(c) legal or accounting services provided to comply with this Act or the regulations;

(d) services provided by a financial agent in that capacity;

(e) expenses incurred in holding a fundraising function if no deficit is incurred;

(f) interest on a loan for initiative petition expenses to an authorized participant;

(g) the cost of any communication that an authorized participant that is an organization sends exclusively to its members;

(h) expenses prescribed for the purposes of this section by regulation.

(3) An initiative petition expense that is not included for the purpose of calculating whether there has been compliance with a limit under this Part remains an initiative petition expense and is subject to all other provisions of this Act.

Initiative petition expenses limit

48 (1) The value of initiative petition expenses incurred by the proponent or in total by the members of all the opponent groups of the initiative petition during an initiative petition period must not exceed the limit calculated by multiplying

(a) the applicable amount under subsection (3) or

(4), and

(b) the number of registered voters for all electoral districts in British Columbia as of the date on which the petition was issued.

(2) The chief electoral officer must determine the expenses limit for each opponent group by allocating the limit calculated under subsection (1) to the groups in the same proportion as the number of members in the group bears to the total number of members in all of the opponent groups.

(3) For an initiative petition that is issued during the period beginning on February 24, 1995 and ending on December 31, 1995, the amount to be used under subsection (1) (a) is $0.25.

(4) For each initiative petition period that begins on or after January 1, 1996, the chief electoral officer must adjust the amount under subsection (3) and, for these purposes, section 203 (2) and (4) of the Election Act applies.

(5) The chief electoral officer must

(a) have notice of an adjusted amount under subsection (4) published in the Gazette, and

(b) give notice of the applicable expenses limit to the financial agents for the authorized participants.

 
Division 5 -- Reporting

Reporting of information regarding initiative petition contributions

49 (1) Where this Act requires that initiative petition contributions be disclosed in a report, the report must include the following:

(a) for each contributor who made one or more initiative petition contributions that in total have a value of more than the applicable amount under section 205 (1) (a) of the Election Act, the information required to be recorded under section 45 (1) of this Act, other than the address of an individual;

(b) for anonymous contributions, the information required to be recorded under section 45 (3);

(c) for contributions not referred to in paragraph (a) or (b), the aggregate value of the contributions received and the total number of contributors from whom they were received.

(2) On request by the chief electoral officer, a contributor must file with the chief electoral officer a solemn declaration that the contributor has not contravened this Act or the regulations.

Initiative petition financing report

50 (1) Within 28 days after the end of the initiative petition period, the financial agent of the proponent and the financial agent of each opponent group must file with the chief electoral officer on behalf of the authorized participant for whom the financial agent is acting a financing report in accordance with this section.

(2) A financing report must include the following:

(a) the initiative petition expenses incurred by the authorized participant, showing separately those expenses that are not included for the purposes of determining whether the applicable expenses limit was exceeded;

(b) the initiative petition contributions accepted by the authorized participant, reported in accordance with section 49;

(c) any loans or guarantees received by the authorized participant for initiative petition expenses and any conditions attached to them, including for the loans referred to in section 37 the information recorded under section 45 (4) other than the address of an individual;

(d) for initiative petition fundraising functions held by or on behalf of the authorized participant, the information recorded under section 45 (5);

(e) any income received and any expenditures made or incurred by the authorized participant in relation to the initiative petition, if these are not otherwise disclosed in the report;

(f) any initiative petition contributions received but returned or otherwise dealt with in accordance with section 44.

(3) A supplementary report must be filed with the chief electoral officer as follows:

(a) if any of the information required to be disclosed in a report filed under this section changes, the financial agent must file a supplementary report within 14 days after the financial agent or an authorized participant becomes aware of the change;

(b) if the financial agent or an authorized participant for whom the financial agent is acting becomes aware that a report under this section did not completely and accurately disclose the information required to be disclosed in the report, the financial agent must file a supplementary report within 14 days after the financial agent or authorized participant becomes aware of the incompleteness or inaccuracy.

(4) A report under this section must be prepared in accordance with generally accepted accounting principles and must be filed with a solemn declaration of the financial agent as to its accuracy.

(5) After examining a report under this section, the chief electoral officer may require the report to be audited in accordance with the directions of the chief electoral officer at the expense of the authorized participant and may establish a time limit by which the financial agent must provide the report to the chief electoral officer.

(6) A report under this section must be available for public inspection at the office of the chief electoral officer during its regular office hours until one year after the day on which the next initiative vote may be held under section 14.

(7) For certainty, a report under this section is required even if the initiative petition is not submitted to the chief electoral officer in accordance with section 7.

Publication of financing summary

51 As soon as practicable after a financing report under section 50 (1) is received, the chief electoral officer must publish a report including the following:

(a) the name of the authorized participant on whose behalf the financing report is filed;

(b) an identification of the relevant initiative petition;

(c) a summary of the information included in the financing report;

(d) a statement of the applicable expenses limit;

(e) a statement as to whether the authorized participant complied with the applicable expenses limit.

 
Division 6 -- Penalties for Failure to Comply

Publication of failure to comply

52 (1) The chief electoral officer must have notice of the following published in the Gazette:

(a) the name of an authorized participant for whom an initiative petition financing report is not filed in accordance with section 50;

(b) the name of an authorized participant for whom a required initiative petition financing report is not filed in accordance with section 55;

(c) the name of an authorized participant who exceeds the applicable expenses limit;

(d) the name of an authorized participant in relation to whom there was a conviction under section 134 in relation to an initiative petition financing report.

(2) Publication under subsection (1) must take place as soon as possible after the chief electoral officer becomes aware of the applicable circumstances referred to in that subsection.

Effect of incurring expenses over limit

53 (1) Unless relief is granted by the Supreme Court under section 54,

(a) if the proponent exceeds the expenses limit,

(i) the initiative petition fails, and

(ii) the proponent must pay to the chief electoral officer a penalty of double the amount by which the expenses exceed the limit, and

(b) if the total initiative petition expenses of an opponent group exceed the expenses limit for that opponent group, the members of the opponent group are jointly and severally liable to pay to the chief electoral officer a penalty of 10 times the amount by which the expenses exceed the limit.

(2) Subsection (1) (a) does not prevent the government from introducing into the Legislative Assembly the draft Bill that was the subject of the initiative petition.

(3) The penalties referred to in subsection (1) are effective as follows:

(a) if no application under section 54 is made in respect of an authorized participant subject to the penalty, at the end of the period for making such an application;

(b) if, on the final determination of an application under section 54, the court refuses to grant relief from the penalty, at the time of that determination.

(4) In all cases, until the applicable penalty under subsection (1) is paid, an authorized participant who exceeds the initiative petition expenses limit is not eligible

(a) to apply for the issuance of a petition under section 3,

(b) to become an authorized participant for an initiative petition or an initiative vote, or

(c) to act as a financial agent in relation to an initiative petition or an initiative vote.

(5) A penalty received by the chief electoral officer under this section must be paid into the consolidated revenue fund.

Court order for relief from expenses limit

54 (1) An authorized participant may apply to the Supreme Court in accordance with this section for relief from section 53 for failing to comply with an expenses limit.

(2) An application may be made only

(a) within 58 days after the end of the initiative petition period, or

(b) if the failure to comply is disclosed by a supplementary report under section 50 (3), within 14 days after the day on which the supplementary report is filed.

(3) Within 7 days after it is filed, the petition commencing an application must be served on the chief electoral officer and the financial agents for the other authorized participants.

(4) The applicant, the other authorized participants and the chief electoral officer are parties to the application.

(5) On the hearing of an application, the court may

(a) grant relief if the court considers that, in relation to the non-compliance, the financial agent and the applicant have acted in good faith, or

(b) refuse to grant relief.

Late filing of required reports

55 (1) This section applies if a financial agent fails to file a report under Division 5 of this Part with the chief electoral officer within the time period established by that Division or by the Supreme Court under section 57.

(2) The chief electoral officer must give notice to the proponent or opponents for whom the report was to be filed that, if the report is not filed within the late filing period permitted by this section, the proponent or opponents will be subject to the penalties provided in this Division unless an extension is granted by the Supreme Court under section 57.

(3) On payment to the chief electoral officer of a late filing fee of the applicable amount under section 219 (5) (b) of the Election Act, the report may be filed within 30 days after the end of the time period for filing established by Division 5 of this Part or before a later date permitted by the Supreme Court under section 57 of this Act.

Failure to file initiative petition financing report

56 (1) Unless relief is granted by the Supreme Court on an application under section 57 commenced before the end of the late filing period under section 55 (3), the following penalties apply if an initiative petition financing report is not filed with the chief electoral officer before the end of that period:

(a) in the case of a report for the proponent,

(i) the initiative petition fails, and

(ii) the proponent must pay a penalty of the applicable amount under section 219 (5)

(a) of the Election Act to the chief electoral officer for each day after the last day on which it may be filed under section 55 of this Act up to the date on which it is in fact filed;

(b) in the case of a report for an opponent group, the opponents who are members of the opponent group are jointly and severally liable to pay a penalty of the applicable amount under section 219 (5) (b) of the Election Act to the chief electoral officer for each day after the last day on which it may be filed under section 55 of this Act up to the date on which it is in fact filed.

(2) Subsection (1) (a) does not prevent the government from introducing into the Legislative Assembly the draft Bill that was the subject of the initiative petition that failed because of the application of that subsection.

(3) The penalties referred to in subsection (1) are effective as follows:

(a) if no application under section 57 is made in respect of an authorized participant subject to the penalty, at the end of the period for making such an application;

(b) if, on the final determination of an application under section 57, the court refuses to grant relief from the penalty, at the time of that determination.

(4) In all cases, until the applicable penalty under subsection (1) is paid and the report is filed, an authorized participant who fails to file an initiative petition financing report is not eligible

(a) to apply for the issuance of a petition under section 3,

(b) to become an authorized participant for an initiative petition or an initiative vote, or

(c) to act as a financial agent in relation to an initiative petition or an initiative vote.

Court order for relief from filing obligations

57 (1) An authorized participant may apply to the Supreme Court in accordance with this section for relief from an obligation to file a financing report in accordance with this Act.

(2) An application may be made only

(a) within 58 days after the end of the initiative petition period, or

(b) in the case of a supplementary report referred to in section 50 (3), within 14 days after the authorized participant becomes aware of the change, incompleteness or inaccuracy referred to in that section.

(3) Within 7 days after it is filed, the petition commencing an application must be served on the chief electoral officer and on the financial agents for the other authorized participants.

(4) The applicant, the other authorized participants and the chief electoral officer are parties to the application.

(5) On the hearing of an application, the court may do the following:

(a) relieve the authorized participant from the obligation to file the report, or from specified obligations in relation to the report, if the court considers that, in relation to the non- compliance, the financial agent and the applicant have acted in good faith;

(b) grant an extension of the time for filing the report without payment of a late filing fee under section 55 if

(i) the application is commenced before the end of the time for filing without penalty, and

(ii) the court considers that, in relation to the non-compliance, the financial agent and the applicant have acted in good faith;

(c) grant an extension of the time for filing the report, subject to payment of the late filing fee under section 55, if the court considers that, in relation to the non-compliance, the financial agent and the applicant have acted in good faith;

(d) make any order the court considers appropriate to secure compliance with this Act and the regulations to the extent the court considers reasonable in the circumstances;

(e) refuse to grant an extension or other relief.

False or misleading reports relating to an initiative petition

58 (1) In addition to the penalty referred to in section 134, if a proponent of an initiative petition is convicted under that section in relation to a report under this Part relating to the initiative petition, that initiative petition fails.

(2) Subsection (1) applies as follows:

(a) if no appeal of the conviction is made, at the end of the period for making such an appeal;

(b) if the conviction is upheld on its final determination on appeal, at the time of that determination.

(3) Subsection (1) does not prevent the government from introducing into the Legislative Assembly the draft Bill that was the subject of the initiative petition.

 
Part 5 -- Initiative Vote Financing

 
Division 1 -- Authorized Participants and Financial Agents

Authorized participants must have financial agent

59 (1) The authorized participants for an initiative vote are

(a) the proponents of the initiative vote, being

(i) the proponent of the petition, if this individual has a financial agent under section 61 for the initiative vote, and

(ii) the individuals and organizations for whom a financial agent has been designated under section 62, and

(b) the opponents of the initiative vote, being the individuals and organizations for whom a financial agent has been designated under section 63.

(2) An authorized participant may only accept initiative vote contributions and incur initiative vote expenses through the financial agent for the authorized participant.

(3) Section 29 (3) applies in relation to the qualifications of a financial agent for an authorized participant for an initiative vote.

Notice to proponent and opponents for initiative petition

60 (1) In addition to the notice required under section 14 (2), at least 90 days before general voting day for an initiative vote the chief electoral officer must give notice of the vote to the proponent and opponents for the initiative petition to which the vote relates.

(2) Notice under subsection (1) must advise the proponent and opponents for the initiative petition that they must act under section 61 or 63, as applicable, if they wish to be an authorized participant for the initiative vote.

Financial agent for petition proponent

61 (1) If the proponent for the initiative petition intends to be a proponent for the initiative vote, the proponent must have a financial agent.

(2) For the purposes of subsection (1), section 30 applies and, within 30 days after the notice is published in the Gazette under section 14 (2), the proponent of the petition must deliver to the chief electoral officer

(a) a statement that the proponent is acting as his or her own financial agent for the initiative vote, or

(b) if the proponent is not acting as his or her own financial agent, a copy of the appointment and the consent and statement referred to in section 30 (2) (b).

Financial agents for other proponents

62 (1) An individual or organization who wishes to be a proponent under this section for an initiative vote must apply to the chief electoral officer within 30 days after the day on which notice of the vote is published in the Gazette and, for these purposes, section 31 applies.

(2) For certainty, the financial agent of a proponent under section 61 may be proposed as the financial agent for an applicant under this section.

(3) The chief electoral officer must designate financial agents for proponents and establish proponent groups as soon as possible after the end of the period for applying under subsection (1) and, for these purposes, sections 32 and 33 apply.

Financial agents for opponents

63 (1) An individual or organization who wishes to be an opponent of an initiative vote must apply to the chief electoral officer within 30 days after the day on which notice of the vote is published in the Gazette under section 14 (2) and, for these purposes, section 31 applies.

(2) The chief electoral officer must designate financial agents for opponents and establish opponent groups as soon as possible after the end of the period for applying under subsection (1) and, for these purposes, sections 32 and 33 apply.

Obligations and authority of financial agents and assistant financial agents

64 (1) Section 34 (1) as it applies in relation to initiative petition contributions, initiative petition expenses and other initiative petition matters applies to initiative vote contributions, initiative vote expenses and other initiative vote matters.

(2) A financial agent is not personally liable for any liability of an authorized participant for whom the financial agent is acting unless the liability is personally guaranteed by the financial agent.

(3) A financial agent may authorize one or more individuals to accept initiative vote contributions and incur initiative vote expenses on behalf of the financial agent and, for these purposes, section 35 applies.

 
Division 2 -- Initiative Vote Contributions and Expenses

Initiative vote contributions

65 (1) Subject to this Part, an initiative vote contribution is an amount of money or the value of any property or services provided without compensation by way of donation, advance, deposit, discount or otherwise to an authorized participant in relation to an initiative vote.

(2) Sections 36, 37 and 38 as they apply in relation to initiative petition contributions apply in relation to initiative vote contributions.

Initiative vote expenses

66 (1) Subject to this Part, an initiative vote expense is the value of property or services used during an initiative vote period to promote or oppose, directly or indirectly, an initiative in relation to an initiative vote.

(2) Section 39 as it applies in relation to initiative petition expenses applies in relation to initiative vote expenses.

General valuation rules

67 Section 40 applies for the purpose of determining the value of an initiative vote contribution or initiative vote expense unless otherwise expressly provided.

 
Division 3 -- Making and Accepting Initiative Vote Contributions

Restrictions on making and accepting initiative vote contributions

68 (1) In relation to the making of initiative vote contributions, section 41 as it applies to initiative petition contributions applies to initiative vote contributions.

(2) In relation to the accepting of initiative vote contributions, section 42 as it applies to initiative petition contributions applies to initiative vote contributions.

Limits on anonymous contributions

69 (1) A financial agent must not accept, in relation to an initiative vote, more than the applicable amount under section 188 (1) of the Election Act in permitted anonymous contributions under section 68 (2) of this Act.

(2) A financial agent must not accept an anonymous initiative vote contribution if this will exceed the limit under subsection (1).

Prohibited contributions must be returned

70 Section 44 as it applies in relation to initiative petition contributions applies in relation to initiative vote contributions, except that the period for returning or otherwise dealing with an initiative vote contribution subject to that section is 30 days after the financial agent becomes aware of the contravention.

Financial agent must record each initiative vote contribution

71 For the purposes of complying with the reporting requirements of this Part, section 45 as it applies in relation to initiative petition contributions and financing applies to initiative vote contributions and financing.

 
Division 4 -- Initiative Vote Expenses

Restrictions on who may incur initiative vote expenses

72 (1) Subject to section 87, an individual or organization other than an authorized participant must not incur initiative vote expenses.

(2) Section 46 as it applies in relation to initiative petition expenses applies in relation to initiative vote expenses.

Initiative vote expenses in excess of limit prohibited

73 (1) As applicable,

(a) the proponent must not incur an initiative vote expense if incurring the expense will result in the initiative vote expenses of the proponent exceeding the expenses limit determined under section 74 (2) (a),

(b) a member of a proponent group must not incur an initiative vote expense if incurring the expense will result in the initiative vote expenses for the proponent group exceeding the expenses limit determined for that proponent group under section 74 (2) (b), and

(c) a member of an opponent group must not incur an initiative vote expense if incurring the expense will result in the initiative vote expenses for the opponent group exceeding the expenses limit determined for that opponent group under section 74 (2) (c).

(2) Section 47 (2) as it applies in relation to initiative petition expenses applies in relation to initiative vote expenses that are not to be included for the purpose of determining whether an authorized participant has complied with the applicable expenses limit.

(3) An initiative vote expense that is not included for the purpose of calculating whether there has been compliance with a limit under this Part remains an initiative vote expense and is subject to all other provisions of this Act.

Initiative vote expenses limit

74 (1) The value of initiative vote expenses incurred by all the proponents or all the opponents of the initiative vote during an initiative vote period must not exceed the limit calculated by multiplying

(a) the applicable amount under section 197 (1) (a) of the Election Act, and

(b) the number of registered voters for all electoral districts in British Columbia at the start of the initiative vote period.

(2) The chief electoral officer must determine the expenses limit for the proponent of the initiative petition and each proponent group and opponent group as follows:

(a) if the proponent of the initiative petition is a proponent of the initiative vote under section 61, the expenses limit for that proponent is

(i) 50% of the limit calculated under subsection (1) if there are other proponents for the initiative vote, or

(ii) 100% of the limit calculated under subsection (1) if there are no other proponents for the initiative vote;

(b) in the case of proponent groups, the limit calculated under subsection (1) minus any amount allocated to the proponent for the initiative petition under paragraph (a) (i) is to be allocated to the groups in the same proportion as the number of members in the group bears to the total number of members in all of the proponent groups;

(c) in the case of opponent groups, the limit calculated under subsection (1) is to be allocated to the groups in the same proportion as the number of members in the group bears to the total number of members in all of the opponent groups.

(3) The chief electoral officer must

(a) have notice of the amount calculated under subsection (1) published in the Gazette, and

(b) give notice of the applicable expenses limit to the financial agents for the authorized participants.

 
Division 5 -- Reporting

Reporting of information regarding initiative vote contributions

75 (1) Where this Act requires that initiative vote contributions be disclosed in a report, the report must include the equivalent information in relation to initiative vote contributions as required under section 49 in relation to initiative petition contributions.

(2) On request by the chief electoral officer, a contributor must file with the chief electoral officer a solemn declaration that the contributor has not contravened this Act or the regulations.

Initiative vote financing report

76 (1) Within 90 days after the end of the initiative vote period, the financial agent of each authorized participant must file with the chief electoral officer on behalf of the authorized participant for whom the financial agent is acting a financing report in accordance with this section.

(2) A financing report must include the equivalent information in relation to initiative vote financing as required under section 50 (2) in relation to initiative petition financing.

(3) Section 50 (3) to (6) as it applies to a report under that section applies to a report under this section, except that the period for filing a supplementary report is 30 days after the financial agent or authorized participant becomes aware of the change, incompleteness or inaccuracy for which the supplementary report is required.

Publication of financing summary

77 As soon as practicable after a financing report under section 76 (1) is received, the chief electoral officer must publish a report including the following:

(a) the name of the authorized participant on whose behalf the financing report is filed;

(b) an identification of the relevant initiative vote;

(c) a summary of the information included in the financing report;

(d) a statement of the applicable expenses limit;

(e) a statement as to whether the authorized participant complied with the applicable expenses limit.

 
Division 6 -- Penalties for Failure to Comply

Publication of failure to comply

78 (1) The chief electoral officer must have notice of the following published in the Gazette:

(a) the name of an authorized participant for whom an initiative vote financing report is not filed in accordance with section 76;

(b) the name of an authorized participant for whom a required initiative vote financing report is not filed in accordance with section 81;

(c) the name of an authorized participant who exceeds the applicable expenses limit;

(d) the name of an authorized participant in relation to whom there was a conviction under section 134 in relation to an initiative vote financing report.

(2) Publication under subsection (1) must take place as soon as possible after the chief electoral officer becomes aware of the applicable circumstances referred to in that subsection.

Effect of incurring expenses over limit

79 (1) Unless relief is granted by the Supreme Court under section 80, the following penalties apply if an authorized participant exceeds the applicable expenses limit:

(a) in the case of an expenses limit for a proponent or proponent group,

(i) the initiative vote fails, and

(ii) the proponent must pay, or the proponents who are members of the proponent group are jointly and severally liable to pay, to the chief electoral officer a penalty of double the amount by which the expenses exceed the limit;

(b) if the total initiative vote expenses of an opponent group exceed the expenses limit for that opponent group, the members of the opponent group are jointly and severally liable to pay to the chief electoral officer a penalty of 10 times the amount by which the expenses exceed the limit.

(2) Subsection (1) (a) does not prevent the government from introducing into the Legislative Assembly the draft Bill that was the subject of the initiative vote.

(3) The penalties referred to in subsection (1) are effective as follows:

(a) if no application under section 80 is made in respect of an authorized participant subject to the penalty, at the end of the period for making such an application;

(b) if, on the final determination of an application under section 80, the court refuses to grant relief from the penalty, at the time of that determination.

(4) In all cases, until the applicable penalty under subsection (1) is paid, an authorized participant who exceeds the initiative vote expenses limit is not eligible

(a) to apply for the issuance of a petition under section 3,

(b) to become an authorized participant for an initiative petition or an initiative vote, or

(c) to act as a financial agent in relation to an initiative petition or an initiative vote.

(5) A penalty received by the chief electoral officer under this section must be paid into the consolidated revenue fund.

Court order for relief from expenses limit

80 (1) An authorized participant may apply to the Supreme Court for relief from section 79 for failing to comply with an expenses limit and, for these purposes, section 54 applies subject to this section.

(2) An application may be made only within 120 days after the end of the initiative vote period or, if the failure to comply is disclosed by a supplementary report under section 76 (3), within 30 days after the day on which the supplementary report is filed.

Late filing of required reports

81 (1) This section applies if a financial agent fails to file a report under Division 5 of this Part with the chief electoral officer within the time period established by that Division or by the Supreme Court under section 83.

(2) The chief electoral officer must give notice to the authorized participant for whom the report was to be filed that, if the report is not filed within the late filing period permitted by this section, the authorized participant will be subject to the penalties provided in this Division unless an extension is granted by the Supreme Court under section 83.

(3) On payment to the chief electoral officer of a late filing fee of the applicable amount under section 219 (5) (b) of the Election Act, the report may be filed within 30 days after the end of the time period for filing established by Division 5 of this Part or before a later date permitted by the Supreme Court under section 83 of this Act.

Failure to file initiative vote financing report

82 (1) Unless relief is granted by the Supreme Court on an application under section 83 commenced before the end of the late filing period under section 81 (3), the following penalties apply if an initiative vote financing report is not filed with the chief electoral officer before the end of that period:

(a) in the case of a report for the proponent or a proponent group,

(i) the initiative vote fails, and

(ii) the proponent must pay, or the proponents who are members of the proponent group are jointly and severally liable to pay, a penalty of the applicable amount under section 219 (5) (a) of the Election Act to the chief electoral officer for each day after the last day on which it may be filed under section 81 of this Act up to the date on which it is in fact filed;

(b) in the case of a report for an opponent group, the opponents who are members of the opponent group are jointly and severally liable to pay a penalty of the applicable amount under section 219 (5) (b) of the Election Act to the chief electoral officer for each day after the last day on which it may be filed under section 81 of this Act up to the date on which it is in fact filed.

(2) Subsection (1) (a) does not prevent the government from introducing into the Legislative Assembly the draft Bill that was the subject of the initiative vote that failed because of the application of that subsection.

(3) The penalties referred to in subsection (1) are effective as follows:

(a) if no application under section 83 is made in respect of an authorized participant subject to the penalty, at the end of the period for making such an application;

(b) if, on the final determination of an application under section 83, the court refuses to grant relief from the penalty, at the time of that determination.

(4) In all cases, until the applicable penalty under subsection (1) is paid and the report is filed, an authorized participant who fails to file an initiative vote financing report is not eligible

(a) to apply for the issuance of a petition under section 3,

(b) to become an authorized participant for an initiative petition or an initiative vote, or

(c) to act as a financial agent in relation to an initiative petition or an initiative vote.

(5) A penalty received by the chief electoral officer under this section must be paid into the consolidated revenue fund.

Court order for relief from filing obligations

83 (1) An authorized participant may apply to the Supreme Court in accordance with this section for relief from an obligation to file an initiative vote financing report in accordance with this Act and, for these purposes, section 57 applies subject to this section.

(2) An application may be made only within 120 days after the end of the initiative vote period or, if the failure to comply is disclosed by a supplementary report under section 76 (3), within 30 days after the day on which the supplementary report is filed.

False or misleading reports relating to an initiative vote

84 (1) In addition to the penalty referred to in section 134, if a proponent of an initiative vote is convicted under that section in relation to a report under this Part relating to the initiative vote, that initiative vote fails.

(2) Subsection (1) applies as follows:

(a) if no appeal of the conviction is made, at the end of the period for making such an appeal;

(b) if the conviction is upheld on its final determination on appeal, at the time of that final determination.

(3) Subsection (1) does not prevent the government from introducing into the Legislative Assembly the draft Bill that was the subject of the initiative vote.

 
Part 6 -- Initiative Communications

Initiative advertising and opinion surveys

85 (1) For the purposes of this Act, initiative advertising is advertising used

(a) during an initiative petition period to promote or oppose, directly or indirectly, the initiative petition or draft Bill, or

(b) during an initiative vote period to promote or oppose, directly or indirectly, the initiative.

(2) For the purposes of this Act, an initiative opinion survey is an opinion survey respecting an initiative petition, draft Bill or initiative vote, including a matter publicly discussed in relation to the initiative petition, draft Bill or initiative vote.

Sponsorship of initiative advertising and opinion surveys

86 (1) For the purposes of this Part, the sponsor of initiative advertising or an initiative opinion survey is whichever of the following is applicable:

(a) the individual or organization who pays for the initiative advertising or initiative opinion survey to be conducted;

(b) if the services of conducting the advertising or survey are provided without charge as a contribution, the individual or organization to whom the services are provided as a contribution;

(c) if the individual or organization who is the sponsor within the meaning of paragraph (a) or (b) is acting on behalf of another individual or organization, the other individual or organization.

(2) Where this Part requires the inclusion of a mailing address or telephone number at which a sponsor can be contacted,

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

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

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

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

(a) the name of the organization, and

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

(4) On request of the chief electoral officer,

(a) an individual identified as a sponsor, or

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

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

Restrictions on initiative advertising

87 (1) An authorized participant for an initiative petition may incur initiative advertising as an initiative petition expense and an authorized participant for an initiative vote may incur initiative advertising as an initiative vote expense.

(2) Other than initiative advertising authorized by subsection (1),

(a) an individual or organization must not sponsor initiative advertising conducted during an initiative petition period or an initiative vote period if the total value of the initiative advertising sponsored by the individual or organization during that period is greater than the applicable amount under section 229 (2) (a) of the Election Act, and

(b) an individual or organization must not sponsor initiative advertising conducted during an initiative petition period or an initiative vote period in combination with one or more individuals or organizations, or both, if the total value of the initiative advertising sponsored by those individuals and organizations during that period is greater than the applicable amount under paragraph (a).

(3) As an exception to subsection (2), the value of initiative advertising that is conducted by sending a document directly to the members, employees or shareholders of the individual or organization that is the sponsor is not to be included for the purposes of determining whether the individual or organization has complied with that subsection.

(4) An individual or organization must not conduct initiative advertising if, by this, the sponsor would contravene subsection (2).

(5) An individual or organization must not sponsor initiative advertising with the property of any other individual or organization or indirectly through any other individual or organization.

(6) For the purposes of this section, the value of initiative advertising is

(a) the price paid for preparing and conducting the initiative advertising, or

(b) the market value of preparing and conducting the initiative advertising, if no price is paid or if the price paid is lower than the market value.

Initiative advertising must identify sponsor

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

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

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

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

Restriction on rates charged for initiative advertising

89 An individual or organization must not charge a rate for initiative advertising in a periodical publication or on radio or television that exceeds the lowest rate charged by the individual or organization for equivalent advertising in the same medium during the same initiative petition period or initiative vote period.

Prohibition against certain initiative advertising on general voting day

90 (1) On general voting day for an initiative vote, an individual or organization must not conduct initiative advertising by publishing it in a newspaper or magazine or on radio or television.

(2) An individual or organization must not sponsor or agree to sponsor initiative advertising that is or is to be conducted on general voting day by a means referred to in subsection (1), whether the publication is done within British Columbia or outside British Columbia.

Restrictions on initiative campaigning near voting places

91 (1) During an initiative vote period, an individual or organization must not post, display or disseminate initiative advertising in or within 100 metres of the building where the office of the district electoral officer is located.

(2) While advance voting or general voting for an initiative vote is being conducted at a voting place, an individual or organization must not do any of the following in or within 100 metres of the building where the voting is being conducted:

(a) post, display or disseminate initiative advertising;

(b) canvass or solicit votes or otherwise attempt to influence how a voter votes;

(c) carry, wear or supply a flag, badge or other thing indicating that the individual using it is a supporter of a particular response to an initiative;

(d) post, display, disseminate or openly leave a representation of a ballot marked for a particular response to an initiative.

(3) If subsection (1) or (2) is being contravened by the posting or display of materials, the district electoral officer or another election official authorized by the district electoral officer may enter on the property where the materials are located and remove or cover or otherwise obscure them from view.

(4) While advance voting or general voting is being conducted at a voting place for an initiative vote, an individual or organization must not conduct initiative advertising by means of a public address system or loudspeaker that is within hearing distance of the voting place.

Requirements for publication of initiative opinion surveys

92 (1) During an initiative petition period or an initiative vote period, an individual or organization must not publish the results of an initiative opinion survey unless authorized by the sponsor of the survey.

(2) During an initiative petition period or an initiative vote period, an individual or organization who publishes in British Columbia the results of an initiative opinion survey must publish the following information with the results of the survey:

(a) the name of the sponsor of the survey;

(b) the name of the individual or organization who conducted the survey;

(c) the dates when the survey was conducted;

(d) to the extent that the information is applicable to the survey, the number of individuals contacted for the survey and the percentage of those who refused to take part in the survey;

(e) to the extent that the information is applicable to the survey, the margin of error for the survey;

(f) the exact wording of each question in the survey for which data are reported;

(g) for each question for which the margin of error is greater than that reported under paragraph (e), the margin of error for the question;

(h) a mailing address or telephone number, indicating it as the address or telephone number at which the sponsor can be contacted to obtain a written report regarding the survey in accordance with subsection (3).

(3) From the time of the first publication of an initiative opinion survey until the end of the initiative petition period or initiative vote period, as applicable, whether the publication is done within British Columbia or outside British Columbia, the sponsor must provide on request a copy of a written report on the results of the survey including the following information to the extent that the information is applicable to the survey:

(a) the name and address of the sponsor of the survey;

(b) the name and address of the individual or organization who conducted the survey;

(c) the dates when the survey was conducted;

(d) a copy of the survey questionnaire, including all questions that were asked in their exact wording and in the order in which they were asked;

(e) the method used to collect the information in the survey;

(f) the population from which the sample in the survey was drawn;

(g) the size of the initial sample and the number of individuals contacted for the survey;

(h) the number and percentage of individuals contacted who answered the survey;

(i) the number and percentage of individuals contacted who refused to take part in the survey;

(j) the method used to recalculate percentages when those who expressed no opinion or those who did not respond are omitted from the survey;

(k) the times of any interviews;

(l) the sampling method;

(m) the number of ineligible individuals contacted;

(n) any weighting factors or normalization procedures used;

(o) the margin of error for the survey;

(p) the size, description and margin of error for any subsamples used in the report of the survey.

(4) A fee may be charged for a report provided under subsection (3), but the fee

(a) must be based on the reasonable costs of reproducing the original report prepared for the purposes of that subsection, and

(b) in any case, must not be more than the applicable amount under section 234 (4) (b) of the Election Act.

 
Part 7 -- Recall Petition Financing

 
Division 1 -- Financial Agent

Authorized participants must have financial agent

93 (1) The authorized participants for a recall petition are

(a) the proponent of the petition, and

(b) the Member who is the subject of the petition.

(2) An authorized participant may only accept recall petition contributions and incur recall petition expenses through his or her financial agent.

(3) Subsection (2) does not apply with respect to the personal recall expenses of an authorized participant.

Appointment of financial agent

94 (1) For the purposes of this Part, an authorized participant may act as his or her own financial agent or may appoint another individual as financial agent.

(2) The following are disqualified from acting as financial agent:

(a) an election official, a voter registration official or an individual who is otherwise a member of the staff of the chief electoral officer;

(b) an individual who does not have full capacity to enter into contracts;

(c) an individual who is disqualified under section 114 or 117;

(d) an individual who, at any time within the previous 7 years, has been convicted of an offence under this Act or the Election Act.

(3) The appointment of a financial agent must be made in writing and must

(a) include the name, mailing address and telephone number of the individual appointed and the effective date of the appointment, and

(b) be accompanied by

(i) a signed consent of the individual appointed to act as financial agent, and

(ii) a signed statement of the individual appointed that he or she is not disqualified from acting as a financial agent.

(4) As soon as practicable, the following must be delivered to the chief electoral officer:

(a) a statement as to whether or not the proponent or Member is acting as his or her own financial agent;

(b) if the proponent or Member is not acting as his or her own financial agent, a copy of the appointment and the consent and statement referred to in subsection (3) (b);

(c) an address to which notices under this Act may be delivered to the financial agent or the authorized participant, as referred to in section 138.

(5) If there is any change in who is the financial agent for an authorized participant, the authorized participant must, as soon as possible, notify the chief electoral officer of this change and, for these purposes, must deliver notice in accordance with subsection (4) (a) to (c).

General obligations of financial agent

95 (1) Without limiting the obligations of a financial agent of an authorized participant under any other provision of this Act, a financial agent must do the following:

(a) ensure that all recall contributions, recall expenses and other income and expenditures in relation to the recall petition are properly recorded to allow compliance with the reporting requirements of this Act;

(b) ensure that all money received by or on behalf of the authorized participant in relation to a recall petition is deposited in an account in a savings institution and that all expenditures of the authorized participant are paid from an account in a savings institution;

(c) ensure that all records required to be kept for the purposes of this Act by the authorized participant are maintained in British Columbia;

(d) ensure that all financial records and receipts of the authorized participant in relation to this Act are retained for at least 5 years from the date of filing of any report under this Act required in relation to them;

(e) make every reasonable effort to ensure that every expenditure greater than the applicable amount under section 177 (2) (e) of the Election Act that is incurred by the authorized participant in relation to the recall petition is documented by a statement setting out the particulars of the expenditure.

(2) A financial agent is not personally liable for any liability of the authorized participant for whom the financial agent is acting unless the liability is personally guaranteed by the financial agent.

Assistant financial agent

96 (1) A financial agent may authorize one or more individuals to accept recall contributions and incur recall expenses on behalf of the financial agent.

(2) An individual who is authorized under subsection (1) to accept recall contributions and incur recall expenses has, for those purposes, all the powers, duties and protections of the financial agent.

(3) As soon as practicable after an authorization under subsection (1) is made, a copy of the authorization must be delivered to the chief electoral officer.

 
Division 2 -- Recall Contributions and Expenses

Recall contributions generally

97 (1) Subject to this Part, a recall contribution is an amount of money or the value of any property or services provided without compensation by way of donation, advance, deposit, discount or otherwise to an authorized participant in relation to a recall petition.

(2) If property or services are provided to an authorized participant at less than market value or acquired from an authorized participant at greater than market value, the difference between the market value of the property or services at the time provided and the amount charged is a recall contribution.

(3) The amount of any money, but not the value of any property or services, provided in relation to a recall petition by an authorized participant is a recall contribution.

(4) The value of the following is not a recall contribution:

(a) services provided by a volunteer;

(b) property of a volunteer if the property is provided or used in relation to the services of the individual as a volunteer;

(c) property or services provided by an election official, a voter registration official or any other member of the staff of the chief electoral officer in that official capacity;

(d) publishing without charge news, an editorial, an interview, a column, a letter or a commentary in a bona fide periodical publication or a radio or television program;

(e) broadcasting time provided, without charge, as part of a bona fide public affairs program;

(f) producing, promoting or distributing a publication for no less than its market value, if the publication was planned to be sold regardless of the petition.

Recall contributions through loans and debts

98 (1) A loan to an authorized participant is not a recall contribution unless it is forgiven or written off.

(2) If a loan to an authorized participant is made at a rate of interest that is less than the prime rate of the principal banker to the government at the time the rate of interest for the loan is fixed, the benefit of the difference between the amount of interest that would be payable at that prime rate and the amount of interest being charged for the loan is a recall contribution.

(3) The amount of a debt owed by an authorized participant in relation to recall expenses is a recall contribution if it remains unpaid for 6 months after becoming due and no legal proceedings to recover the debt have been commenced by the creditor.

(4) For certainty, nothing in subsection (3) affects the rights of a creditor in relation to a debt that becomes a recall contribution under that subsection.

Recall contributions through fundraising functions

99 (1) Except as provided in this section or if received as anonymous contributions under section 102 (1) (f), funds raised by a recall fundraising function held by or on behalf of an authorized participant are not recall contributions.

(2) If a charge per individual is made for a recall fundraising function, the following rules apply:

(a) the payment of the charge by an organization is a recall contribution;

(b) if the per individual charge is greater than the applicable amount under section 182 (2) (b) of the Election Act, the payment of the charge by an individual is a recall contribution;

(c) if the per individual charge is the amount referred to in paragraph (b) or less,

(i) the payment by an individual of more than the applicable amount under section 182 (2) (c) (i) of the Election Act, in respect of one or more charges, is a recall contribution, and

(ii) the payment by an individual of the amount referred to in subparagraph (i) or less in respect of one or more charges is not a recall contribution.

(3) If the amount paid for property or services offered for sale at a recall fundraising function is greater than their market value, the difference between the amount paid and the market value at the time it is agreed to be paid is a recall contribution.

(4) The value of property or services, or both, donated by an organization or individual for sale at a recall fundraising function is a recall contribution unless the property or services or both, as applicable,

(a) are used for sale at the recall fundraising function, and

(b) have a total value that is not greater than the applicable amount under section 182 (4) (b) of the Election Act,

Recall expenses

100 (1) Subject to this Part, a recall expense is the value of property or services used during a recall petition period to promote or oppose, directly or indirectly, the recall of the Member who is the subject of the recall petition.

(2) A deficit incurred in holding a recall fundraising function during a recall petition period is a recall expense.

(3) The value of the following is not a recall expense:

(a) property and services referred to in section 97 (4);

(b) goods produced by an individual as a volunteer from the property of the individual;

(c) goods produced by an authorized participant from the property of the authorized participant.

(4) The following recall expenses incurred by an authorized participant, if they are reasonable, are personal recall expenses of the authorized participant:

(a) payments for care of a child or other family member for whom the authorized participant is normally directly responsible;

(b) the cost of travelling to or within the electoral district;

(c) the cost of lodging, meals and incidental charges while travelling to or within the electoral district;

(d) the cost of renting a temporary residence if it is necessary for the recall petition;

(e) recall expenses incurred as a result of any disability of the authorized participant, including the cost of any individual required to assist the authorized participant in performing the functions necessary for supporting or opposing the recall petition;

(f) any other recall expenses specified by regulation.

(5) If an authorized participant is not acting as his or her own financial agent, within 14 days after the end of the recall petition period the authorized participant must provide to the financial agent a report of the authorized participant's personal recall expenses.

(6) A report under subsection (5) must set out the details of the personal recall expenses incurred by the authorized participant.

General valuation rules

101 (1) The rules in this section apply for the purpose of determining the value of a recall contribution or recall expense unless otherwise expressly provided in this Part.

(2) The value of any property or services is

(a) the price paid for the property or services, or

(b) the market value of the property or services, if no price is paid or if the price paid is lower than the market value.

(3) If the property is a capital asset, the value of the property is the market value of using the property.

(4) The value of free advertising space in a periodical publication and free broadcasting time provided to an authorized participant for a recall petition is nil if the space or time is made available on an equitable basis to both authorized participants.

 
Division 3 -- Making and Accepting Recall Contributions

Restrictions on making recall contributions

102 (1) An individual or organization must not do any of the following:

(a) make a recall contribution to an authorized participant except by making it to the financial agent;

(b) make a recall contribution without disclosing to the financial agent the information required to be recorded under section 106;

(c) make a recall contribution of money in an amount greater than the applicable amount under section 186 (1) (c) of the Election Act, except by means of

(i) a cheque with the name of the contributor legibly shown on it and drawn on an account in the contributor's name maintained in a savings institution,

(ii) a money order with the name of the contributor legibly shown on it and signed by the contributor, or

(iii) a credit card in the name of the contributor, evidenced by an authorization for the payment with the name of the contributor legibly shown on it and signed by the contributor;

(d) make a recall contribution with the money, other property or services of another;

(e) make a recall contribution indirectly by giving money, other property or services to an individual or organization

(i) for that individual or organization to make as a recall contribution, or

(ii) as consideration for that individual or organization making a recall contribution;

(f) make an anonymous recall contribution unless the contribution

(i) is provided in response to a general solicitation for funds at a function held on behalf of or in relation to the affairs of the authorized participant to whom the contribution is provided, and

(ii) has a value of less than the applicable amount under section 186 (1) (f) (ii) of the Election Act.

(2) As an exception to subsection (1) (d), an individual or organization may make a recall contribution indirectly by providing compensation to an individual who provides services that are a recall contribution, in which case the individual or organization providing the compensation is the contributor for the purposes of this Act.

Restrictions on accepting recall contributions

103 (1) A financial agent must not accept a recall contribution that the financial agent has reason to believe is made in contravention of this Act.

(2) If an individual authorized under section 96 becomes aware that a recall contribution may have been made in contravention of this Act, the individual must immediately inform the financial agent.

Limits on anonymous contributions

104 (1) A financial agent must not accept, in relation to a recall petition, more than 50% of the applicable amount under section 188 (2) of the Election Act in permitted anonymous contributions under section 102 (1) (f) of this Act.

(2) A financial agent must not accept an anonymous recall contribution if this will exceed the limit under subsection (1).

Prohibited contributions must be returned

105 (1) If a financial agent becomes aware that a recall contribution was made or accepted in contravention of this Act, the financial agent must return to the contributor

(a) the recall contribution, or

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

within 14 days after the financial agent becomes aware of the contravention.

(2) If a financial agent is not able to comply with subsection (1), as soon as practicable the financial agent must instead pay the amount referred to in that subsection to the chief electoral officer for payment to the consolidated revenue fund.

(3) If an account maintained by a financial agent for an authorized participant contains insufficient funds to make a payment required under subsection (1) or

(2), the authorized participant is liable to provide the necessary funds to meet the deficiency.

Financial agent must record each recall contribution

106 (1) For the purposes of complying with the reporting requirements of this Part, a financial agent must record the following for each recall contribution made to the authorized participant:

(a) the value of the contribution;

(b) the date the contribution was made;

(c) the full name and address of the contributor;

(d) the class of the contributor as described in subsection (2);

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

(i) who are directors of the organization, or

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

(2) Contributors must be classified as follows:

(a) individuals;

(b) corporations;

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

(d) trade unions;

(e) non-profit organizations;

(f) other contributors.

(3) As an exception in the case of anonymous contributions permitted under section 102 (1) (f), the financial agent must record the following:

(a) a description of the function at which the contributions were collected;

(b) the date of the function;

(c) the number of people in attendance at the function;

(d) the total amount of anonymous contributions accepted.

(4) In the case of a loan referred to in section 98, at the time the loan is made the financial agent must record the following:

(a) the information referred to in subsection (1) (b) to (e);

(b) the amount of the loan;

(c) the rate of interest charged for the loan.

(5) For a recall fundraising function held by or on behalf of an authorized participant, the financial agent must record the following:

(a) a description of the function;

(b) the date of the function;

(c) the cost, the gross income and the net income or loss arising from the function.

 
Division 4 -- Recall Expenses

Restrictions on who may incur recall expenses

107 (1) Subject to section 122, an individual or organization other than an authorized participant must not incur a recall expense.

(2) The financial agent of an authorized participant must not pay a recall expense unless the payment is made out of the property of the authorized participant for whom it is incurred.

Recall expenses in excess of limit prohibited

108 (1) An authorized participant must not incur a recall expense if incurring the expense will result in the recall expenses exceeding the expenses limit determined under section 109.

(2) The following expenses are not to be included as recall expenses for the purpose of determining whether an authorized participant has complied with the applicable expenses limit:

(a) fees charged by the chief electoral officer under this Act;

(b) costs incurred for producing copies of the petition in accordance with the regulations;

(c) personal recall expenses;

(d) legal or accounting services provided to comply with this Act or the regulations;

(e) services provided by a financial agent in that capacity;

(f) expenses incurred in holding a fundraising function if no deficit is incurred;

(g) interest on a loan for recall expenses to an authorized participant;

(h) expenses prescribed for the purposes of this section by regulation.

(3) A recall expense that is not included for the purpose of calculating whether there has been compliance with a limit under this Part remains a recall expense and is subject to all other provisions of this Act.

Recall expenses limit

109 (1) For the purpose of determining a recall expenses limit, the number of voters for an electoral district is the number of registered voters in the electoral district as of general voting day for the last election of the Member.

(2) In the case of an electoral district for which there are 25 000 or fewer registered voters, the total value of recall expenses incurred by an authorized participant during a recall petition period must not exceed the applicable amount under subsection (6) (a) or (7).

(3) In the case of an electoral district for which there are more than 25 000 registered voters, the total value of recall expenses incurred by an authorized participant during a recall petition period must not exceed the total of

(a) the amount permitted by subsection (2), and

(b) the applicable amount under subsection (6) (b) or (7) for each registered voter for the electoral district in excess of 25 000.

(4) Subject to subsection (5), if an electoral district has an average of fewer than 2 registered voters for each square kilometre, the limit on recall expenses under subsection (2) or (3), as applicable, is increased by the amount calculated by multiplying

(a) the applicable amount under subsection (6) (c) or (7), and

(b) the total number of square kilometres in the electoral district.

(5) The maximum increase in the limit on recall expenses under subsection (4) is 25% of the limit determined under subsection (2) or (3), as applicable.

(6) For a recall petition that is issued during the period beginning on February 24, 1995 and ending on December 31, 1995, the following are to be used as the amounts for determining the limits on recall expenses:

(a) under subsection (2), $25 000;

(b) under subsection (3), $0.25;

(c) under subsection (4), $0.15.

(7) For each recall petition period that begins on or after January 1, 1996, the chief electoral officer must adjust the amounts under subsection (6) and, for these purposes, section 203 (2) and (4) of the Election Act applies.

(8) The chief electoral officer must

(a) have notice of an adjusted amount under subsection (7) published in the Gazette, and

(b) give notice of the amount to the authorized participants.

 
Division 5 -- Reporting

Reporting of information regarding recall contributions

110 (1) Where this Act requires that recall contributions be disclosed in a report, the report must include the following:

(a) for each contributor who made one or more recall contributions that in total have a value of more than the applicable amount under section 205 (1) (a) of the Election Act, the information required to be recorded under section 106 (1) of this Act, other than the address of an individual;

(b) for anonymous contributions, the information required to be recorded under section 106 (3);

(c) for contributions not referred to in paragraph (a) or (b), the aggregate value of the contributions received and the total number of contributors from whom they were received.

(2) On request by the chief electoral officer, a contributor must file with the chief electoral officer a solemn declaration that the contributor has not contravened this Act or the regulations.

Recall financing report

111 (1) Within 28 days after the end of the recall petition period, the financial agent of an authorized participant must file with the chief electoral officer a financing report in accordance with this section.

(2) A financing report must include the following:

(a) the recall expenses incurred by the authorized participant, showing separately those expenses that are not included for the purposes of determining whether the expenses limit was exceeded;

(b) the recall contributions accepted by the authorized participant reported in accordance with section 110;

(c) any loans or guarantees received by the authorized participant for recall expenses and any conditions attached to them, including, for loans referred to in section 98, the information recorded under section 106 (4), other than the address of an individual;

(d) for recall fundraising functions held by or on behalf of the authorized participant, the information recorded under section 106 (5);

(e) any income received and any expenditures made or incurred by the authorized participant in relation to the recall petition, if these are not otherwise disclosed in the report;

(f) any recall contributions received but returned or otherwise dealt with in accordance with section 105.

(3) A supplementary report must be filed with the chief electoral officer as follows:

(a) if any of the information required to be disclosed in a report filed under this section changes, the financial agent must file a supplementary report within 14 days after the financial agent or the authorized participant becomes aware of the change;

(b) if the financial agent or the authorized participant for whom the financial agent is acting becomes aware that a report under this section did not completely and accurately disclose the information required to be disclosed in the report, the financial agent must file a supplementary report within 14 days after the financial agent or authorized participant becomes aware of the incompleteness or inaccuracy.

(4) A report under this section must be prepared in accordance with generally accepted accounting principles and must be filed with a solemn declaration of the financial agent as to its accuracy.

(5) After examining a report under this section, the chief electoral officer may require the report to be audited in accordance with the directions of the chief electoral officer at the expense of the authorized participant, and may establish a time limit by which the financial agent must provide the report to the chief electoral officer.

(6) A report under this section must be available for public inspection at the office of the chief electoral officer during its regular office hours until one year after general voting day for the next general election.

(7) For certainty, a report under this section is required even if the recall petition is not submitted to the chief electoral officer in accordance with section 23.

Publication of financing summary

112 As soon as practicable after a report under section 111 (1) is received, the chief electoral officer must publish a report including the following:

(a) the name of the authorized participant on whose behalf the financing report is filed;

(b) an identification of the relevant recall petition;

(c) a summary of the information included in the financing report for that petition;

(d) a statement of the applicable expenses limit;

(e) a statement as to whether the authorized participant complied with the applicable expenses limit.

 
Division 6 -- Penalties for Failure to Comply

Publication of failure to comply

113 (1) The chief electoral officer must have notice of the following published in the Gazette:

(a) the name of an authorized participant for whom a recall financing report is not filed in accordance with section 111;

(b) the name of an authorized participant for whom a required recall financing report is not filed in accordance with section 116;

(c) the name of an authorized participant who exceeds the expenses limit;

(d) the name of an authorized participant in relation to whom there was a conviction under section 134 in relation to a recall financing report.

(2) Publication under subsection (1) must take place as soon as possible after the chief electoral officer becomes aware of the applicable circumstances referred to in that subsection.

Effect of incurring expenses over limit

114 (1) Unless relief is granted by the Supreme Court under section 115,

(a) if the proponent exceeds the expenses limit,

(i) the recall petition fails, and

(ii) the proponent must pay to the chief electoral officer a penalty of double the amount by which the expenses exceed the limit, and

(b) if the Member exceeds the expenses limit, the Member must pay to the chief electoral officer a penalty of 10 times the amount by which the expenses exceed the limit.

(2) The penalties referred to in subsection (1) are effective as follows:

(a) if no application under section 115 is made in respect of an authorized participant subject to the penalty, at the end of the period for making such an application;

(b) if, on the final determination of an application under section 115, the court refuses to grant relief from the penalty, at the time of that determination.

(3) In all cases, until the applicable penalty under subsection (1) is paid, an authorized participant who exceeds the recall expenses limit is not eligible

(a) to apply for the issuance of a petition under section 19, or

(b) to act as a financial agent in relation to a recall petition.

(4) A penalty received by the chief electoral officer under this section must be paid into the consolidated revenue fund.

Court order for relief from expenses limit

115 (1) An authorized participant may apply by petition to the Supreme Court in accordance with this section for relief from section 114 for failing to comply with an expenses limit.

(2) An application may be made only

(a) within 58 days after the end of the recall petition period, or

(b) if the failure to comply is disclosed by a supplementary report under section 111 (3), within 14 days after the day on which the supplementary report is filed.

(3) Within 7 days after it is filed, the petition commencing an application must be served on the other authorized participant, by service on that authorized participant or on the financial agent of that authorized participant, and on the chief electoral officer.

(4) The applicant, the other authorized participant and the chief electoral officer are parties to the application.

(5) On the hearing of an application, the court may

(a) grant relief if the court considers that, in relation to the non-compliance, the financial agent and the applicant have acted in good faith, or

(b) refuse to grant relief.

Late filing of required reports

116 (1) This section applies if a financial agent fails to file a report under Division 5 of this Part with the chief electoral officer within the time period established by that Division or by the Supreme Court under section 118.

(2) The chief electoral officer must give notice to the authorized participant for whom the report was to be filed that, if the report is not filed within the late filing period permitted by this section, the authorized participant will be subject to the penalties provided in this Division unless an extension is granted by the Supreme Court under section 118.

(3) On payment to the chief electoral officer of a late filing fee of the applicable amount under section 219 (5) (b) of the Election Act, the report may be filed within 30 days after the end of the time period for filing established by Division 5 of this Part or before a later date permitted by the Supreme Court under section 118 of this Act.

Failure to file recall financing report

117 (1) Unless relief is granted by the Supreme Court on an application under section 118 commenced before the end of the late filing period under section 116 (3), the following penalties apply if a recall financing report is not filed with the chief electoral officer before the end of that period:

(a) in the case of a report for the proponent,

(i) the recall petition fails, and

(ii) the proponent must pay a penalty of the applicable amount under section 219 (5) (a) of the Election Act to the chief electoral officer for each day after the last day on which it may be filed under section 116 of this Act up to the date on which it is in fact filed;

(b) in the case of a report for the Member, the Member must pay a penalty of the applicable amount under section 219 (5) (b) of the Election Act to the chief electoral officer for each day after the last day on which it may be filed under section 116 of this Act up to the date on which it is in fact filed.

(2) The penalties referred to in subsection (1) are effective as follows:

(a) if no application under section 118 is made in respect of an authorized participant subject to the penalty, at the end of the period for making such an application;

(b) if, on the final determination of an application under section 118, the court refuses to grant relief from the penalty, at the time of that determination.

(3) In all cases, until the applicable penalty under subsection (1) is paid and the report is filed, an authorized participant who fails to file a recall financing report is not eligible

(a) to apply for the issuance of a petition under section 19, or

(b) to act as a financial agent in relation to a recall petition.

Court order for relief from filing obligations

118 (1) An authorized participant may apply to the Supreme Court in accordance with this section for relief from an obligation to file a financing report in accordance with this Act.

(2) An application may be made only

(a) within 58 days after the end of the recall petition period, or

(b) in the case of a supplementary report referred to in section 111 (3), within 14 days after the authorized participant becomes aware of the change, incompleteness or inaccuracy referred to in that section.

(3) Within 7 days after it is filed, the petition commencing an application must be served on the other authorized participant, by service on that authorized participant or on the financial agent of that authorized participant, and on the chief electoral officer.

(4) The applicant, the other authorized participant and the chief electoral officer are parties to the application.

(5) On the hearing of an application, the court may do the following:

(a) relieve the applicant from the obligation to file the report, or from specified obligations in relation to the report, if the court considers that, in relation to the non-compliance, the financial agent and the authorized participant have acted in good faith;

(b) grant an extension of the time for filing the report without payment of a late filing fee under section 116 if

(i) the application is commenced before the end of the time for filing without penalty, and

(ii) the court considers that, in relation to the non-compliance, the financial agent and the authorized participant have acted in good faith;

(c) grant an extension of the time for filing the report, subject to payment of the late filing fee under section 116, if the court considers that, in relation to the non-compliance, the financial agent and the authorized participant have acted in good faith;

(d) make any order the court considers appropriate to secure compliance with this Act and the regulations to the extent the court considers reasonable in the circumstances;

(e) refuse to grant an extension or other relief.

False or misleading reports relating to a recall petition

119 (1) In addition to the penalty referred to in section 134,

(a) if the proponent of a recall petition is convicted under that section in relation to a report under this Part relating to the recall petition, at the end of the applicable time under subsection (3) that recall petition fails, or

(b) if a Member is convicted under that section in relation to a report under this Part relating to a recall petition, at the applicable time under subsection (3) the Member ceases to hold office and the seat of the Member becomes vacant.

(2) The chief electoral officer must present a report to the Speaker respecting a Member who may be subject to the penalty under subsection (1) (b) as soon as possible after the conviction to which it relates.

(3) Subsection (1) applies as follows:

(a) if no appeal of the conviction is made, at the end of the period for making such an appeal;

(b) if the conviction is upheld on its final determination on appeal, at the time of that determination.

 
Part 8 -- Recall Petition Communications

Recall advertising and opinion surveys

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

(2) For the purposes of this Act, a recall opinion survey is an opinion survey respecting the recall of a Member, including an opinion survey in respect of a matter publicly discussed in relation to the recall of the Member.

Sponsorship of recall advertising and opinion surveys

121 (1) For the purposes of this Part, the sponsor of recall advertising or a recall opinion survey is whichever of the following is applicable:

(a) the individual or organization who pays for the recall advertising or recall opinion survey to be conducted;

(b) if the services of conducting the advertising or survey are provided without charge as a contribution, the individual or organization to whom the services are provided as a contribution;

(c) if the individual or organization who is the sponsor within the meaning of paragraph (a) or

(b) is acting on behalf of another individual or organization, the other individual or organization.

(2) Where this Part requires the inclusion of a mailing address or telephone number at which a sponsor can be contacted,

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

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

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

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

(a) the name of the organization, and

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

(4) On request of the chief electoral officer,

(a) an individual identified as a sponsor, or

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

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

Restrictions on recall advertising

122 (1) An authorized participant may incur recall advertising as a recall expense.

(2) Other than recall advertising authorized by subsection (1),

(a) an individual or organization must not sponsor recall advertising conducted during a recall petition period if the total value of the recall advertising sponsored by the individual or organization during that period is greater than the applicable amount under section 229 (2) (a) of the Election Act, and

(b) an individual or organization must not sponsor recall advertising conducted during a recall petition period in combination with one or more individuals or organizations, or both, if the total value of the recall advertising sponsored by those individuals and organizations during that period is greater than the applicable amount under paragraph (a).

(3) As an exception to subsection (2), the value of recall advertising that is conducted by sending a document directly to the members, employees or shareholders of the individual or organization that is the sponsor is not to be included for the purposes of determining whether the individual or organization has complied with that subsection.

(4) An individual or organization must not conduct recall advertising if, by this, the sponsor would contravene subsection (2).

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

(6) For the purposes of this section, the value of recall advertising is

(a) the price paid for preparing and conducting the recall advertising, or

(b) the market value of preparing and conducting the recall advertising, if no price is paid or if the price paid is lower than the market value.

Recall advertising must identify sponsor

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

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

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

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

Restriction on rates charged for recall advertising

124 An individual or organization must not charge a rate for recall advertising in a periodical publication or on radio or television that exceeds the lowest rate charged by the individual or organization for equivalent advertising in the same medium during the same recall petition period.

Requirements for publication of recall opinion surveys

125 (1) During a recall petition period, an individual or organization must not publish the results of a recall opinion survey unless authorized by the sponsor of the survey.

(2) During a recall petition period, an individual or organization who publishes in British Columbia the results of a recall opinion survey must publish the information referred to in section 92 (2) with the results of the survey.

(3) From the time of the first publication of a recall opinion survey until the end of the recall petition period, whether the publication is done within British Columbia or outside British Columbia, the sponsor must provide on request a copy of a written report on the results of the survey including the information referred to in section 92 (3).

(4) A fee in accordance with section 92 (4) may be charged for a report provided under subsection (3) of this section.

 
Part 9 -- Offences

Prosecution of organizations and their directors and agents

126 (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

127 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 and vote buying offences

128 (1) An individual or organization must not pay, give, lend or procure an inducement for any of the following purposes:

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

(b) to reward an individual for having signed a petition or refrained from signing a petition;

(c) to induce an individual to vote or refrain from voting in an initiative vote;

(d) to induce an individual to vote or refrain from voting for or against an initiative;

(e) to reward an individual for having voted or refrained from voting as described in paragraph (c) or (d);

(f) to procure or induce an individual to attempt to procure a particular result in an initiative vote;

(g) to procure or induce an individual to attempt to procure the vote of a voter or the failure of a voter to vote.

(2) An individual must not accept an inducement

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

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

(c) to vote or refrain from voting,

(d) to vote or refrain from voting for or against an initiative, or

(e) as a reward for having voted or refrained from voting as described in paragraph (c) or (d).

(3) An individual or organization 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) An individual must not offer, agree or promise to do anything otherwise prohibited by this section.

(5) An individual or organization prohibited from doing something by this section must not do the prohibited act directly, indirectly or by another individual or organization on behalf of the individual or organization who is subject to the prohibition.

(6) An individual or organization who contravenes this section commits an offence and is liable to a fine of not more than $10 000 or imprisonment for a term not longer than 2 years, or both.

Intimidation offences

129 (1) An individual or organization must not intimidate an individual for any of the following purposes:

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

(b) to punish an individual for having signed a petition or refrained from signing a petition;

(c) to persuade or compel an individual to vote or refrain from voting in an initiative vote;

(d) to persuade or compel an individual to vote or refrain from voting for or against an initiative;

(e) to punish an individual for having voted or refrained from voting as described in paragraph (c) or (d).

(2) An individual or organization must not, by abduction, duress or fraudulent means, do any of the following:

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

(b) compel, persuade or otherwise cause an individual to sign a petition or refrain from signing a petition;

(c) impede, prevent or otherwise interfere with an individual's right to vote in an initiative vote;

(d) compel, persuade or otherwise cause an individual to vote or refrain from voting in an initiative vote;

(e) compel, persuade or otherwise cause an individual to vote or refrain from voting for or against an initiative.

(3) An individual or organization prohibited from doing something by this section must not do the prohibited act directly, indirectly or by another individual or organization on behalf of the individual or organization who is subject to the prohibition.

(4) An individual or organization who contravenes this section commits an offence and is liable to one or more of the penalties referred to in section 128 (6).

Wrongful signing and voting

130 (1) An individual who does any of the following commits an offence:

(a) signs a petition or votes in an initiative vote when not entitled to do so;

(b) signs the same petition more than once or votes more than once in the same initiative vote;

(c) signs a petition, or obtains a ballot for an initiative vote, in the name of another individual, whether the name is of a living or dead individual or of a fictitious individual;

(d) contravenes section 105 (3) or 109 (6) of the Election Act in relation to an initiative vote.

(2) An individual who commits an offence under subsection (1) is liable to one or more of the penalties referred to in section 128 (6).

Offences in relation to canvassing for signatures

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

(a) canvasses for signatures on a petition when not entitled to do so under this Act;

(b) contravenes section 6 (2) or (3) or 22 (2) or (3) respecting inducement in relation to canvassing for signatures on a petition;

(c) falsely represents that a document is a petition issued by the chief electoral officer or a copy of one issued by the chief electoral officer;

(d) canvasses for signatures on a petition in a time period other than that during which the petition may be signed under this Act;

(e) does not comply with any regulations respecting the conduct of individuals who canvass for signatures on petitions.

(2) An individual or organization who contravenes this section commits an offence and 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 financing

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

(a) consents to be appointed as a financial agent under this Act when not entitled to be appointed to the position;

(b) contravenes section 34, 64 (1) or 95, respecting the obligations of a financial agent;

(c) contravenes

(i) section 41, 42 or 43, regarding making or accepting an initiative petition contribution,

(ii) section 68 or 69, regarding making or accepting an initiative vote contribution, or

(iii) section 102, 103 or 104, regarding making or accepting a recall contribution;

(d) contravenes section 44 regarding prohibited initiative petition contributions, section 70 regarding prohibited initiative vote contributions or section 105 regarding prohibited recall contributions;

(e) contravenes section 46 regarding incurring initiative petition expenses, section 72 regarding incurring initiative vote expenses or section 107 regarding incurring recall expenses;

(f) contravenes

(i) section 47 by incurring an initiative petition expense in excess of the applicable expenses limit, unless relief has been granted under section 54,

(ii) section 73 by incurring an initiative vote expense in excess of the applicable expenses limit, unless relief has been granted under section 80, or

(iii) section 108 by incurring a recall expense in excess of the applicable expenses limit, unless relief has been granted under section 115.

(2) 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 initiative or recall advertising and promotion

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

(a) contravenes section 87 respecting a restriction on initiative advertising or section 122 respecting a restriction on recall advertising;

(b) contravenes section 88 respecting identification of the sponsor of initiative advertising or section 123 respecting identification of the sponsor of recall advertising;

(c) contravenes section 89 respecting a rate charged for initiative advertising or section 124 respecting a rate charged for recall advertising;

(d) contravenes section 90 respecting initiative advertising on general voting day for an initiative vote;

(e) contravenes section 91 respecting a restriction on activities near the office of a district electoral officer or a voting place for an initiative vote;

(f) contravenes section 92 respecting the publication of an initiative opinion survey or section 125 respecting the publication of a recall opinion survey.

(2) 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

134 (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 to a fine of not more than $10 000 or imprisonment for a term not longer than 2 years, or both.

Offence in relation to use of information

135 (1) An individual or organization who uses personal information referred to in section 140 except as authorized by that section commits an offence.

(2) An individual or organization who commits an offence under this section is liable to a fine of not more than $10 000 or imprisonment for a term not longer than 2 years, or both.

Penalties under this Part are in addition to any others

136 Any penalty under this Part is in addition to and not in place of any other penalty to which an individual or organization may be liable in respect of the same matter.

Limitation

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

 
Part 10 -- General

Delivery of notices

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

Filing documents with chief electoral officer

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

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

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

Access to and use of information in records

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

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

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

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

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

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

(5) Where this Act permits or requires the disclosure, public inspection or other use of or access to records containing personal information within the meaning of the Freedom of Information and Protection of Privacy Act, the personal information may be used only for the purposes of this Act or for a purpose referred to in section 259 (3) of the Election Act.

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

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

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

(7) The Provincial Archivist may require that records under the control of the chief electoral officer be given into the custody of the archives after the end of the applicable retention period under this Act and, for these purposes, the chief electoral officer must give notice to the Provincial Archivist before the end of each such period.

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

Enforcement of Act by chief electoral officer

141 (1) The chief electoral officer may conduct

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

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

(2) For the purposes of subsection (1), the chief electoral officer or a representative of the chief electoral officer may inspect and make copies of the records of an individual or organization who is or was a financial agent or an authorized participant at any time during the past 5 years and, in relation to this authority, section 260 (3) to (6) of the Election Act applies.

(3) Sections 262 and 263 of the Election Act, respecting the enforcement of that Act and penalties under that Act, apply for the purposes of enforcing this Act or a penalty under this Act.

Emergencies and otherextraordinary circumstances

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

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

General regulations

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

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

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

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

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

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

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

(f) specifying recall expenses that are to be included as personal recall expenses under section 100 (4) (f);

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

Additional powers of thechief electoral officer

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

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

Appropriation

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

Transitional

146 During the 35th Parliament, the Select Standing Committee on Justice, Constitutional Affairs and Intergovernmental Relations is deemed to be the select standing committee referred to in this Act.

303 Sections 44 to 47 are amended by renumbering them as sections 147 to 150 respectively.

 
Referendum Act

304 Section 1 (3) of the Referendum Act, S.B.C. 1990, c. 68, is repealed and the following substituted:

(3) The persons who are entitled to vote in a referendum are persons who are voters, as defined in the Election Act, at the time of the referendum.

 
Vital Statistics Act

305 Section 14 (2) and (3) of the Vital Statistics Act, R.S.B.C. 1979, c. 425, is repealed and the following substituted:

(2) Every month, the director shall provide to the Chief Electoral Officer a list of the names and addresses of the residents of each registration district whose deaths were registered with a district registrar or the director since the last list was provided.

(3) Every 3 months, the director shall provide to the district registrar of voters, the municipal clerks and regional district secretaries in each registration district a list of the names and addresses of the residents of the registration district whose deaths were registered with a district registrar or the director since the last list was provided.

(4) If requested by the district registrar of voters or a municipal clerk, regional district secretary or the responsible official under the Islands Trust Act for the purpose of resolving an objection to the registration of a voter or an elector, the director shall conduct a search of the register of deaths and report the results to the official.

Repeal

306 The Election Act, R.S.B.C. 1979, c. 103, is repealed.

Commencement

307 (1) Sections 1, 11, 40, 268, 269, 270 and 273 come into force on the day after this Act receives Royal Assent.

(2) Sections 14 to 16, 267, 271 and 272 come into force 21 days after this Act receives Royal Assent.

(3) All provisions of this Act and the Schedule to this Act that are not already in force on September 1, 1995 come into force on that date.

 
SCHEDULE
FORM 1
(Section 26 (2))

...........................................

Lieutenant Governor

ELECTION ACT
WRIT OF ELECTION

Elizabeth II, by the Grace of God, of the United Kingdom, Canada and Her Other Realms and Territories, Queen, Head of the Commonwealth, Defender of the Faith.

To the District Electorial Officer for the Electoral District of...............................................................

GREETING:

We command you THAT:

Notice of time and place of election being given, you do cause election to be made, according to law, of a member to serve in the Legislative Assembly of British Columbia for the Electoral District of .......................................;

You do accept the nomination of candidates at the office of the District Electoral Officer for the Electoral District, from 9 a.m. [Pacific Standard Time] [Pacific Daylight Time] on the..... day of .................., 19.. until 1 p.m. [Pacific Standard Time] [Pacific Daylight Time] on the .......... day of ................, 19..;

If an election by voting is required, you do cause general voting for the election to be conducted, from 8 a.m. until 8 p.m. [Pacific Standard Time] [Pacific Daylight Time] on the .......day of .............., 19..;

You do certify the name of the member elected, to the Chief Electoral Officer, at the City of Victoria, on or before the........ day of .............., 19.., being the day for the return of this Our writ.

In Testimony Whereof, We have caused these Our Letters to be made Patent under the Great Seal of Our Province of British Columbia.

Witness, His Honour....................................

at Our Government House, dated this ........ day of .................., 19...

(Signature)............................. Chief Electoral Officer


Certificate of Election

I do hereby certify that, in obedience to the Writ of Election, I have caused an Election to take place within the Electoral District of ...................................................

The voters of this Electoral District have elected the following candidate to represent them as a member in the Legislative Assembly of British Columbia:

..............................Name of elected candidate

Date of certification..........., 19..    ........................

Month Day       District Electoral Officer

 
FORM 2
(Section 86(2))

Ordinary Ballot

(Note: Graphic not included, please see printed bill)

 
FORM 3
(Section 86(5))

Write-In Ballot

(Note: Graphic not included, please see printed bill)

 
Explanatory Notes

This Bill proposes to repeal and replace the current Election Act, which had its last comprehensive revision in 1920.The legislation is intended to make the electoral process more fair, open and accessible to all voters.

Examples of voter access improvements include:

Fairness and integrity in the electoral process would be improved by such changes as:

A key principle of the proposed legislation is to improve accountability and fairness in the political process while minimizing the potential for election results to be manipulated by special interest groups. Improvements toward this include:


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