BILL 42 – 2008
ELECTION AMENDMENT ACT, 2008

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

Election Act

1 Section 1 of the Election Act, R.S.B.C. 1996, c. 106, is amended by repealing the definition of "conduct".

2 The following section is added to Part 1:

Act does not inhibit government or members

3.1  (1) For greater certainty, nothing in this Act affects an officer, director, employee or agent of one of the following bodies in the doing of an act necessary for carrying out the proper function of the body:

(a) the government as reported through the consolidated revenue fund;

(b) a government corporation within the meaning of the Financial Administration Act other than one that is a government corporation solely by reason of being, under an Act, an agent of the government;

(c) a corporation or organization that, under generally accepted accounting principles, is considered to be controlled by

(i) the government as reported through the consolidated revenue fund, or

(ii) a government corporation within the meaning of the Financial Administration Act other than one that is a government corporation solely by reason of being, under an Act, an agent of the government.

(2) For greater certainty, nothing in this Act affects a member of the Legislative Assembly in the doing of an act necessary for the performance of the member's duties.

3 Section 12 (1) is amended by adding the following paragraph:

(d) to ensure that this Act is enforced.

4 Section 18 is amended

(a) by repealing subsection (1) (b) and substituting the following:

(b) one or more deputy district electoral officers, who are to assist the district electoral officer. ,

(b) in subsection (1.1) by striking out "a deputy district electoral officer" and substituting "one or more deputy district electoral officers", and

(c) by adding the following subsection:

(2.1) If more than one deputy district electoral officer is appointed for an electoral district, the chief electoral officer must designate which deputy district electoral officer is to act for the purposes of subsection (2).

5 Section 28 (1) is amended by striking out "11 days" and substituting "8 days".

6 Section 33 (1) (c) is amended by adding "or 41.1" after "section 41".

7 Section 34 (2) (b) is amended by adding "or 41.1 (2) (b)" after "section 41 (2) (b)".

8 Section 36 (2) is repealed and the following substituted:

(2) An individual may apply to register as a voter by

(a) delivering an application form completed in accordance with section 35 to

(i) the chief electoral officer,

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

(iii) an individual authorized as agent under section 38, or

(b) providing orally to a district registrar of voters or another voter registration official authorized by a district registrar of voters

(i) the information referred to in section 35 (1) (a) to (e), and

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

9 Section 41 (3) is repealed and the following substituted:

(3) For the purposes of subsection (2) (b), an applicant may produce to the election official

(a) one document, issued by the Government of British Columbia or Canada, that contains the applicant's name and photograph, and place of residence,

(b) one document, issued by the Government of Canada, that certifies that the applicant is registered as an Indian under the Indian Act (Canada), or

(c) at least 2 documents of a type authorized by the chief electoral officer, both of which contain the applicant's name and at least one of which contains the applicant's place of residence.

(3.1) The chief electoral officer must publish each year, in a manner that he or she considers appropriate, a notice setting out the types of documents that are authorized for the purposes of subsection (3) (c).

10 The following sections are added:

Registration in conjunction with voting
if no identification documents

41.1  (1) In this section, "voucher" means a person, other than the applicant, referred to in subsection (2).

(2) Despite section 41, an applicant who is unable to produce the documents referred to in section 41 (3) may be registered as a voter in conjunction with voting if

(a) the applicant delivers 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) both the identity and place of residence of the applicant are confirmed in accordance with subsection (3) of this section by

(i) a voter registered in the applicant's electoral district of residence who has produced documents referred to in section 41 (3),

(ii) a spouse, a parent, a grandparent, or an adult child, grandchild or sibling, of the applicant, or

(iii) a person having authority under the common law or an enactment to make personal care decisions in respect of the applicant.

(3) The applicant and the voucher must each make a solemn declaration, in writing, as to the applicant's identity and place of residence within the meaning of section 32, and stating all of the following:

(a) in the case of the applicant,

(i) that the applicant meets all the qualifications to be registered as a voter of the electoral district, and

(ii) the matters set out in section 111 (4) (b) to (e);

(b) in the case of a voucher described in subsection (2) (b) (i),

(i) that the voucher is a person described in subsection (2) (b) (i), and

(ii) the matters set out in section 111 (4) (b) to (d);

(c) in the case of a voucher described in subsection (2) (b) (ii) or (iii),

(i) that the voucher is a person described in subsection (2) (b) (ii) or (iii), as applicable, and setting out the nature of the relationship to the applicant, and

(ii) the matters set out in section 111 (4) (d).

(4) A voucher may make a confirmation under subsection (3) in the same election,

(a) if the voucher is a voucher described in subsection (2) (b) (i), in respect of only one applicant,

(b) if the voucher is a voucher described in subsection (2) (b) (ii), in respect of only one or more applicants who are members of the voucher's family, or

(c) if the voucher is a voucher described in subsection (2) (b) (iii), in respect of only one or more applicants for whom the voucher has authority as described in that subsection.

(5) A person who has been confirmed under subsection (3) may not confirm another applicant at the same election.

(6) The election official receiving an application must

(a) advise both the applicant and the voucher of

(i) the requirements of this section, and

(ii) the penalties for which the applicant and the voucher may be liable for a contravention of those requirements, and

(b) note on the application that a confirmation was made for the purposes of registration.

(7) If satisfied that the applicant is entitled to be registered as a voter, the election official responsible must accept the individual's application for registration.

Challenge of registration

41.2  (1) An individual's right to register under section 41 or 41.1 may be challenged in accordance with this section at any time during the registration procedure up until the time the individual's application for registration is accepted by the election official responsible.

(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 applying to register is not entitled to register.

(3) In relation to a challenge under this section, the election official responsible must record on the application

(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 requirements of section 41 or 41.1.

11 Section 42 is repealed and the following substituted:

Enumerations

42  (1) For the purposes of a general election conducted in accordance with section 23 (2) of the Constitution Act, the chief electoral officer must conduct, by residence-to-residence visitation before the general election, enumerations of all electoral districts.

(2) For any purpose other than a general election referred to in subsection (1), 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.

(3) An enumeration under subsection (2) of this section may be conducted by residence-to-residence visitation or by another method directed or authorized by the chief electoral officer.

12 Section 48 (1) is amended

(a) in paragraph (a) by striking out "with 2 printed copies and, if available, one electronic copy" and substituting "with one electronic copy", and

(b) by repealing paragraph (b) and substituting the following:

(b) if requested by a candidate who is not able to use the electronic copy provided under paragraph (a), the district registrar of voters must provide the candidate with one printed copy of each of the preliminary list of voters and the revised list of voters for the electoral district.

13 Section 53 (1) is amended by striking out "25 voters" and substituting "75 voters".

14 Section 55 (1) is amended by striking out "$100." and substituting "$250."

15 Section 56 (1) is repealed and the following substituted:

(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,

(a) in the case of a general election conducted in accordance with section 23 (2) of the Constitution Act, between the time the election is called and 1 p.m. on the 10th day after the election is called, or

(b) in the case of a by-election, or a general election that is not conducted in accordance with section 23 (2) of the Constitution Act, between 9 a.m. on the 6th day after the election is called and 1 p.m. on the 10th day after the election is called.

16 Section 57 is amended

(a) by repealing subsections (1) and (4) and substituting the following:

(1) Nomination documents may be filed with the chief electoral officer at any time up until,

(a) in the case of a general election conducted in accordance with section 23 (2) of the Constitution Act, the end of the day before the date the election is called, or

(b) in the case of a by-election, or a general election that is not conducted in accordance with section 23 (2) of the Constitution Act, the end of the day before the nomination period begins under section 56. ,

(b) in subsection (8) by adding ", after the election is called," after "must issue",

(c) by repealing subsection (9) and substituting the following:

(9) Subject to subsection (9.1), 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

(a) the certificate under subsection (8),

(b) the disclosure under the Financial Disclosure Act, and

(c) the other nomination documents filed under this section.

(9.1) Subsection (9) does not apply in relation to an individual whose nomination is withdrawn under this Act. , and

(d) by repealing subsection (11).

17 Section 62 (2) is amended by adding the following paragraph:

(d.1) the identification requirements for voting and for registering to vote in conjunction with voting; .

18 Section 64 (1) is amended by striking out "general voting" and substituting "advance voting".

19 Section 70 (1) is amended by adding ", registration at the time of voting" after "the conduct of voting".

20 Section 76 (3) is amended by striking out "noon to 9 p.m." and substituting "8 a.m. to 8 p.m."

21 Sections 77 (4) and 80 (4) are amended by striking out "special voting area" and substituting "site-based voting area".

22 Section 86 (4) is amended by striking out "and the approval of those candidates".

23 Section 96 (2) is amended by adding the following paragraph:

(a.1) the individual voting must provide the documents described in section 41 (3), or, if the individual does not have sufficient documentation, have the individual's identity and place of residence confirmed in accordance with section 41.1 and, for this purpose, section 41.1 (4) and (5) applies; .

24 Sections 97 (2) (e), 98 (3) (d), 99 (2) (c) and 104 (3) (c) are amended by adding "the requirements referred to in section 96 (2) (a.1) and," before "if applicable".

25 Section 103 (1) is repealed and the following substituted:

(1) Voting under this Division must be available as soon as reasonably possible after an election is called.

26 Section 106 (1) (g) is repealed and the following substituted:

(g) if the individual is registering as a voter in conjunction with voting or is updating voter registration information, enclose in the outer envelope

(i) the application form and documents required by section 41 (2) and (3) or copies permitted by subsection (2) of this section, or

(ii) the application form and solemn declarations required by section 41.1 (2) and (3); .

27 Section 108 (4) is amended by adding ", or the solemn declaration required under section 41.1 (3)," after "section 41 (3)".

28 Section 134 (3) is amended by adding "and, for this purpose, a reference in section 124 to a ballot is to be read as a reference to a certification envelope" after "of this section".

29 Section 136 (1) (b) is repealed and the following substituted:

(b) if requested in writing within 3 days after general voting day by a candidate or the official agent of a candidate, and the request is made on

(i) one or more of the bases set out in section 139 (2), or

(ii) on the basis that the difference between the votes received by the candidate declared elected and the candidate with the next highest number of votes is 100 votes or fewer,

must recount some or all, as requested, of the ballots that were considered as part of the initial count.

30 Section 140 (1) is amended by striking out "24 hours" and substituting "72 hours".

31 Section 154 (3) is repealed and the following substituted:

(3) If the registration of a political party or constituency association is suspended under this Act,

(a) during the period of the suspension the organization must not do anything otherwise authorized by subsection (1) or (2), and

(b) despite subsection (1), after the suspension is ended, the organization must not issue tax receipts in relation to political contributions received by the organization during the period of the suspension.

32 Section 155 (3) is amended

(a) in paragraph (f) by adding "and the name of the person to whom" after "the address to which",

(b) in paragraph (g) by adding "and mailing addresses" after "the names", and

(c) in paragraph (j) by adding "and the account numbers" after "section 177 (2) (b)".

33 Section 157 (3) is amended

(a) in paragraph (d) by adding "and the name of the person to whom" after "the address to which",

(b) in paragraph (e) by adding "and mailing addresses" after "the names", and

(c) in paragraph (h) by adding "and the account numbers" after "section 177 (2) (b)".

34 Section 159 is amended by adding the following subsection:

(5) The chief electoral officer may suspend the registration of a political party or constituency association if the political party or constituency association does not file notice of a change in accordance with subsection (1), and the suspension continues until the notice is filed in accordance with subsection (2).

35 Section 162 is amended

(a) by renumbering the section as section 162 (1),

(b) in subsection (1) by striking out "The registers" and substituting "Subject to subsection (2), the registers", and

(c) by adding the following subsection:

(2) The information available for public inspection under subsection (1) must not include the account numbers required under section 155 (3) (j) or 157 (3) (h), as applicable.

36 Section 170 is amended

(a) in subsection (1) by adding "within 6 months of deregistration" after "that is deregistered must file", and

(b) by repealing subsection (3) and substituting the following:

(3) The reports required under subsection (1) (a) and (b) must be audited, except in the case of

(a) a report for a constituency association that is required because an electoral district is disestablished, or

(b) an organization that has

(i) incurred $5 000 or less in expenses, and

(ii) received $5 000 or less in political contributions

during the period from the date of the last report filed under section 207 up to and including the last day the organization was registered.

37 Section 171 (1) is amended by adding "within 6 months of deregistration" after "that is deregistered must".

38 Section 175 (4) is amended by striking out "as soon as possible." and substituting "within 60 days."

39 Section 177 is amended

(a) in subsection (2) (a) by adding ", loans" after "contestant expenses", and

(b) by adding the following subsection:

(2.1) For the purposes of subsection (2) (b), a financial agent must ensure that a separate account is established for each organization and each individual for whom the financial agent is acting.

40 Section 178 is repealed and the following substituted:

Deputy financial agents

178  (1) A financial agent may appoint one or more individuals as deputy financial agents for the purposes of issuing tax receipts and filing reports under Parts 9 and 10.

(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

(a) the issuing of income tax receipts and the receiving of political contributions for which these tax receipts are issued, and

(b) if the financial agent is absent or incapable of filing reports under Parts 9 and 10, the filing of those reports.

(4) A deputy financial agent has the same authority as a financial agent to exercise the powers and perform the duties referred to in subsection (3), and the same responsibilities as a financial agent in relation to them.

41 Section 179 (2) is amended by striking out "as soon as possible." and substituting "within 60 days."

42 Section 180 (6) is amended

(a) in paragraph (a) by striking out "or" at the end of subparagraph (i), by adding ", or" at the end of subparagraph (ii) and by adding the following subparagraph:

(iii) a leadership contestant, in relation to that individual seeking the leadership of that party; ,

(b) in paragraph (b) by striking out "or" at the end of subparagraph (i), by adding ", or" at the end of subparagraph (ii) and by adding the following subparagraph:

(iii) another registered constituency association of the same registered political party; ,

(c) in paragraph (c) by striking out "or" at the end of subparagraph (ii), by adding ", or" at the end of subparagraph (iii) and by adding the following subparagraph:

(iv) another candidate of the same registered political party; , and

(d) by adding the following paragraph:

(c.1) a transfer of money or other property from, or the provision of services by, a leadership contestant to the registered political party for which the leadership is sought; .

43 Section 183 is amended

(a) in subsection (1) by striking out "during a campaign period" and substituting "within the period beginning 60 days before a campaign period and ending at the end of the campaign period", and

(b) by repealing subsection (4) (c) and substituting the following:

(c) the cost of lodging, meals and incidental charges while travelling as referred to in paragraph (b); .

44 Sections 183 (4) (b) and 184 (4) (b) are amended by striking out "to or within" and substituting "to, within or from".

45 Section 186 (1) (c) is amended by striking out "or" at the end of subparagraph (ii) and by repealing subparagraph (iii) and substituting the following:

(iii) a credit card in the name of the contributor, or

(iv) an electronic transfer of funds from an account in the contributor's name maintained in a savings institution; .

46 Section 187 is amended by adding the following subsection:

(1.1) A financial agent or an individual authorized under subsection (1) must not accept a political contribution from a political party or electoral district association that is registered under the Canada Elections Act.

47 Section 189 (3) is repealed and the following substituted:

(3) A financial agent must use his or her best efforts to obtain the contributor's copy of any tax receipt issued for a political contribution referred to in subsection (1), and, if the tax receipt is obtained, the financial agent must

(a) clearly mark the tax receipt as void, and

(b) retain the tax receipt for at least 5 years, or a longer period specified by the chief electoral officer, from the date the receipt was obtained.

48 Section 190 (4) is amended by adding the following paragraph:

(d) the date the loan is due.

49 Section 193 is amended

(a) by repealing subsection (2) and substituting the following:

(2) A registered political party must not incur an election expense or a leadership contestant expense except through its financial agent or an individual authorized in writing by the financial agent.

(2.1) A registered constituency association must not incur an election expense except through its financial agent or an individual authorized in writing by the financial agent. ,

(b) by repealing subsection (4) (a) and substituting the following:

(a) the payment is either

(i) made out of the property of the organization or individual for whom it is incurred, or

(ii) reimbursed from the property described in subparagraph (i) on the production of receipts, and , and

(c) by adding the following subsection:

(6) If a registered political party incurs a contestant expense on behalf of a leadership contestant,

(a) the financial agent of the registered political party must deliver, within 60 days after a leader is selected for that registered political party, to the financial agent of the leadership contestant a report of that contestant expense, and

(b) the contestant expense must be included in the contestant expenses of the leadership contestant.

50 Section 197 is repealed.

51 Sections 198 and 199 are repealed and the following substituted:

Election expenses limit for registered political parties

198  (1) In respect of a general election conducted in accordance with section 23 (2) of the Constitution Act, the total value of election expenses incurred by a registered political party

(a) during the period beginning 60 days before the campaign period must not exceed $1.1 million, and

(b) during the campaign period must not exceed $4.4 million.

(2) In respect of a general election conducted other than in accordance with section 23 (2) of the Constitution Act, the total value of election expenses incurred by a registered political party during the campaign period must not exceed $4.4 million.

(3) In respect of a by-election, the total value of election expenses incurred by a registered political party during the campaign period must not exceed $70 000.

(4) If a campaign period in an electoral district is extended under section 65 (2) as a result of the death of a candidate, the election expenses limit under subsection (1), (2) or (3) is increased by $70 000 in respect of the electoral district.

Election expenses limit for candidates

199  (1) In respect of a general election conducted in accordance with section 23 (2) of the Constitution Act, the total value of election expenses incurred by a candidate

(a) during the period beginning 60 days before the campaign period must not exceed $70 000, and

(b) during the campaign period must not exceed $70 000.

(2) In respect of a general election conducted other than in accordance with section 23 (2) of the Constitution Act, the total value of election expenses incurred by a candidate during the campaign period must not exceed $70 000.

(3) If a campaign period is extended under section 65 (2) as a result of the death of a candidate, the election expenses limit under subsection (1) or (2)

(a) applies to a candidate who is nominated after the date the new election proceedings are started, and

(b) is $140 000 for a candidate who was nominated before the new election proceedings were started.

52 Section 203 is amended

(a) by repealing subsection (1) (f) and substituting the following:

(f) subject to section 183 (3), expenses incurred in holding a fundraising function; , and

(b) in subsection (2) by striking out "purpose of calculating" and substituting "purpose of determining".

53 Section 204 (1) and (2) is repealed and the following substituted:

(2) In respect of each general election conducted in accordance with section 23 (2) of the Constitution Act that is called after January 1, 2010, the chief electoral officer must establish, 60 days before the campaign period, the applicable election expense limit amounts for the election by

(a) determining the ratio between the consumer price index at January 1, 2010 and the consumer price index 60 days before the campaign period, and

(b) applying the ratio to adjust the amounts under sections 198 (1) and 199 (1).

(2.1) In respect of each general election conducted other than in accordance with section 23 (2) of the Constitution Act and each by-election that is called after January 1, 2010, the chief electoral officer must establish before the end of the nomination period the applicable election expense limit amounts for the election by

(a) determining the ratio between the consumer price index at January 1, 2010 and the consumer price index at the time the election is called, and

(b) applying the ratio to adjust the amounts under sections 198 (2) to (4) and 199 (2) and (3).

54 Sections 207 (3) (d), 209 (2) (d) and 210 (2) (d) are amended by striking out "transfers of money," and substituting "transfers of money or other property or the provision of services,".

55 Section 207 is amended

(a) by repealing subsection (3) (g) and substituting the following:

(g) any loans or guarantees received by the organization during the year and any conditions attached to them, including

(i) the date the loan is due, and

(ii) for loans referred to in section 181 (2), the information recorded under section 190 (4) other than the address of an individual; , and

(b) by adding the following subsection:

(3.1) An annual financial report under subsection (2) must also include the information described under subsection (3) in relation to an organization primarily controlled by the registered political party or registered constituency organization.

56 Section 209 (2) (e) is repealed and the following substituted:

(e) any loans or guarantees received by the candidate for election expenses and any conditions attached to them, including

(i) the date the loan is due, and

(ii) for loans referred to in section 181 (2), the information recorded under section 190 (4) other than the address of an individual; .

57 Section 210 is amended

(a) by repealing subsection (2) (e) and substituting the following:

(e) any loans or guarantees received by the organization for election expenses and any conditions attached to them, including

(i) the date the loan is due, and

(ii) for loans referred to in section 181 (2), the information recorded under section 190 (4) other than the address of an individual; , and

(b) by adding the following subsection:

(2.1) An election financing report must also include the information described under subsection (2) in relation to an organization primarily controlled by the registered political party or registered constituency organization.

58 Section 211 (2) (a) and (c) is repealed and the following substituted:

(a) the contestant expenses incurred by or on behalf of the leadership contestant;

(c) any loans or guarantees received by the leadership contestant for contestant expenses and any conditions attached to them, including

(i) the date the loan is due, and

(ii) for loans referred to in section 181 (2), the information recorded under section 190 (4) other than the address of an individual;

(d.1) any transfers of money or other property made or received by, or provision of services by or to, a leadership contestant under section 180 (6); .

59 Section 213 (1) is amended by adding "the regulations, or, if no regulations apply," after "in accordance with".

60 Section 228 is amended by repealing the definition of "election advertising" and substituting the following:

"election advertising" means the transmission to the public by any means, during the period beginning 60 days before a campaign period and ending at the end of the campaign period, of an advertising message that promotes or opposes, directly or indirectly, a registered political party or the election of a candidate, including an advertising message that takes a position on an issue with which a registered political party or candidate is associated, but does not include

(a) the publication without charge of news, an editorial, an interview, a column, a letter, a debate, a speech or a commentary in a bona fide periodical publication or a radio or television program,

(b) the distribution of a book, or the promotion of the sale of a book, for no less than its commercial value, if the book was planned to be made available to the public regardless of whether there was to be an election,

(c) the transmission of a document directly by a person or a group to their members, employees or shareholders, or

(d) the transmission by an individual, on a non-commercial basis on the internet, or by telephone or text messaging, of his or her personal political views; .

61 The following section is added:

Tenant and strata election advertising

228.1  (1) A landlord or person acting on a landlord's behalf must not prohibit a tenant from displaying election advertising posters on the premises to which the tenant's tenancy agreement relates.

(2) A strata corporation or any agent of a strata corporation must not prohibit the owner or tenant of a strata unit from displaying election advertising posters on the premises of his or her unit.

(3) Despite subsections (1) and (2), a landlord, a person, a strata corporation or an agent referred to in that subsection may

(a) set reasonable conditions relating to the size or type of election advertising posters that may be displayed on the premises, and

(b) prohibit the display of election advertising posters in common areas of the building in which the premises are found.

62 Section 231 is amended

(a) by renumbering the section as section 231 (1),

(b) in subsection (1) by striking out "An individual or organization must not sponsor or conduct any election advertising" and substituting "Subject to subsection (2), an individual or organization must not sponsor, or publish, broadcast or transmit to the public, any election advertising",

(c) by repealing subsection (1) (a) and substituting the following:

(a) identifies the name of the sponsor or, in the case of a candidate, the name of the candidate's financial agent or the financial agent of the registered political party represented by the candidate, , and

(d) by adding the following subsections:

(2) Subsection (1) does not apply to any class of election advertising exempted under section 283.

(3) The chief electoral officer, or a person acting on the direction of the chief electoral officer, may

(a) remove and destroy, without notice to any person, or

(b) require a person to remove or discontinue, and destroy,

any election advertising that does not meet the requirements of subsection (1) and is not exempted under subsection (2).

63 Section 233 is repealed and the following substituted:

Prohibition against certain election advertising on general voting day

233  (1) An individual or organization must not publish, broadcast or transmit to the public election advertising in an electoral district on general voting day before the close of all of the voting stations in the electoral district.

(2) An individual or organization must not sponsor or agree to sponsor in an electoral district election advertising that is or is to be published, broadcasted or transmitted to the public on general voting day before the close of all of the voting stations in the electoral district, whether the publication, broadcast or transmission is within British Columbia or outside British Columbia.

(3) Subject to section 234 (2) (a), subsections (1) and (2) do not apply in respect of any of the following:

(a) a notice of an event that the leader of a registered political party intends to attend or an invitation to meet or hear the leader of a registered political party;

(b) a message that was transmitted to the public on the internet before general voting day and that was not changed before the close of all of the voting stations in the electoral district;

(c) the distribution on general voting day of pamphlets or the posting of messages on signs, posters or banners.

64 The following section is added:

Prohibition against transmitting new poll results on general voting day

233.1  (1) In this section, "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.

(2) An individual or organization must not publish, broadcast or transmit to the public, in an electoral district on general voting day before the close of all of the voting stations in the electoral district, the results of an election opinion survey that have not previously been made available to the public.

65 Section 234 (4) is amended by striking out "conduct election advertising" and substituting "publish, broadcast or transmit to the public election advertising".

66 The heading to Division 2 is repealed and the following substituted:

Division 2 — Election Advertising Limits .

67 The following sections are added to Division 2:

Third party advertising limits

235.1  (1) In respect of a general election conducted in accordance with section 23 (2) of the Constitution Act, an individual or organization other than a candidate, registered political party or registered constituency association must not sponsor, directly or indirectly, election advertising during the period beginning 60 days before the campaign period and ending at the end of the campaign period

(a) such that the total value of that election advertising is greater than

(i) $3 000 in relation to a single electoral district, and

(ii) $150 000 overall, or

(b) 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 is greater than

(i) $3 000 in relation to a single electoral district, and

(ii) $150 000 overall.

(2) In respect of a general election conducted other than in accordance with section 23 (2) of the Constitution Act, the limits under subsection (1) do not apply to the period beginning 60 days before campaign period, but do apply to the campaign period.

(3) In respect of a by-election, the limits under subsection (1) do not apply to the period beginning 60 days before campaign period, but the limits under subsection (1) (a) (i) and (b) (i) do apply to the campaign period.

(4) Section 204 applies to adjust the amounts under this section.

Penalties for exceeding third party advertising limit

235.2  (1) Unless relief is granted by a court under section 238, if a sponsor exceeds an election advertising limit, the sponsor

(a) is deregistered as a sponsor under Division 3 of this Part and is not entitled to be reregistered as a sponsor until after the next general election, and

(b) must pay to the chief electoral officer a penalty of 10 times the amount by which the value of the election advertising sponsored by the sponsor exceeds the limit.

(2) In the case of a sponsor that is an unincorporated organization, the members of the organization are jointly and severally liable to pay the penalty under subsection (1) (b).

(3) A penalty referred to in subsection (1) is effective as follows:

(a) if no application under section 238 is made in respect of the sponsor, at the end of the period for making such an application;

(b) if, on the final determination of an application under section 238, the court refuses to grant relief from the penalty, at the time of that determination.

Court order for relief from advertising limit

235.3  (1) A sponsor may apply to the Supreme Court in accordance with this section for relief from penalties under section 237.

(2) An application may be made only within 120 days after general voting day for the election in relation to which the election advertising limit was exceeded.

(3) 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.

(4) On the hearing of an application, the court may

(a) grant relief from a penalty if the court considers that, in relation to the non-compliance, the sponsor acted in good faith, or

(b) refuse to grant relief.

68 Section 239 is amended by adding the following subsection:

(3) An individual or organization who is registered or required to be registered as a sponsor must be independent of registered political parties, registered constituency organizations, candidates, agents of candidates and financial agents, and must not sponsor election advertising on behalf of or together with any of these.

69 Section 244 (1) is amended by adding "or the period beginning 60 days before the campaign period" after "during a campaign period".

70 Section 252 is amended by adding the following subsection:

(1.1) If the chief electoral officer is satisfied that there are reasonable grounds to believe that an individual or organization has contravened this Act, the chief electoral officer may refer the matter to the Criminal Justice Branch of the Ministry of Attorney General for a determination of whether to approve prosecution.

71 Sections 255 (7) (a), 266 (4) and 267 (2) are amended by striking out "$10 000" and substituting "$20 000".

72 Sections 259 (2), 260 (2), 261 (2), 262 (2), 263 (2), 264 (2) and 265 (2) are amended by striking out "$5 000" and substituting "$10 000".

73 Section 264 (1) (d) is amended by adding "or 233.1" after "section 233".

74 Section 270 (1) is repealed and the following substituted:

(1) Where this Act requires notice to be given in accordance with this section,

(a) the notice must be published on the internet and in one or more newspapers circulating in the affected electoral district, and

(b) information respecting the notice must be published through other media circulating in the affected electoral district, including by television and radio,

such that publication is made throughout the electoral district, if this is possible.

75 Section 283 is amended

(a) by repealing paragraph (g) and substituting the following:

(g) respecting types of documents that are authorized for the purpose of section 41 (3); , and

(b) by adding the following paragraphs:

(j.1) respecting a method of accounting to be used for the purposes of preparing reports under Part 10;

(m.1) exempting from the requirements of section 231 (1) classes of election advertising that may reasonably be considered clothing, a novelty item or an item intended for personal use; .

Transitional — registration information

76  (1) In this section:

"registered constituency association" means a constituency association that is registered under the Election Act as of the date this section comes into force;

"registered political party" means a political party that is registered under the Election Act as of the date this section comes into force.

(2) The amendments to sections 155 and 157 of the Election Act by this Act apply to each registered political party and registered constituency association and, for the purposes of complying with those amendments, each registered political party and registered constituency association must provide, within 60 days of the date this section comes into force, the information required by those amendments.

Consequential Amendments

Recall and Initiative Act

77 Sections 34 and 109 of the Recall and Initiative Act, R.S.B.C. 1996, c. 398, are amended by adding the following subsection:

(1.1) For the purposes of subsection (1) (b), a financial agent must ensure that a separate account is established for each authorized participant for whom the financial agent is acting.

78 Section 74 is amended

(a) by repealing subsection (1) and substituting the following:

(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 $1.52 and the number of registered voters for all electoral districts in British Columbia at the start of the initiative vote period. , and

(b) by adding the following subsections:

(4) The chief electoral officer must establish the applicable amounts for the initiative vote by

(a) determining the ratio between the consumer price index at the time this section comes into force and the consumer price index at the time the determination is made, and

(b) applying the ratio to adjust the amount under subsection (1).

(5) 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 Statistics Act (British Columbia) or published by Statistics Canada under the Statistics Act (Canada) and to determine which consumer price index is applicable for a particular time.

79 Section 114 (4) (b) and (c) is amended by striking out "to or within" and substituting "to, within or from".

Commencement

80  The provisions of this Act referred to in column 1 of the following table come into force as set out in column 2 of the table: