Local Elections Statutes Amendment Act, 2014

Local Elections Statutes Amendment Act, 2014 19 2014 May 29, 2014 76470131/1401901/14019t E3tlc14019 1 Amendments to be in Place for 2014 General Local Elections Amendments to be in Place for 2014 General Local Elections 1-173 [Note: See Table of Legislative Changes for the status of sections 1 to 173.] Section(s) Affected Act 1–17  Community Charter 18  Islands Trust Act 19–92  Local Government Act 93–110  School Act 111  The Cultus Lake Park Act 112–173  Vancouver Charter 2 Amendments to be in Place for General Local Elections after 2014 Amendments to be in Place for General Local Elections after 2014 174-189 [Note: See Table of Legislative Changes for the status of sections 174 to 189.] Section(s) Affected Act 174  Community Charter 175-176  Islands Trust Act 177-181  Local Government Act 182-184  School Act 185-189  Vancouver Charter 3 Transitional Provisions 1 General Transition — definitions 190 In this Part: 2014 general local election means the elections that are part of or held at the same time as the 2014 general local election under the Local Government Act ; campaign organizer means an individual or organization that under the former legislation, on the day after the date of First Reading of the Local Elections Campaign Financing Act , a is a campaign organizer, and b has a campaign account; election amendments means the Local Elections Campaign Financing Act and the amendments made by Part 1 of this Act; former legislation means, in relation to a statutory provision, the provision as it read immediately before repeal, replacement or amendment by the applicable provision of the election amendments; new legislation means, in relation to a statutory provision, the provision as it reads immediately after amendment or enactment by the applicable provision of the election amendments. Transition — deemed continuation of former legislation 191 1 Despite the repeal, replacement or amendment of the former legislation, if this Part, or a regulation under this Part, provides for the application or continued application of a provision of the former legislation for a specific purpose, the former legislation is deemed to be continued for that purpose. 2 The former legislation continues to apply in relation to elections and voting to which the Local Elections Campaign Financing Act does not apply under section 101 (3) [commencement] of that Act. Repealed 192 [Repealed 2014-19-192.] Transition — compliance and enforcement 193 Division 1 [Elections BC Responsibilities and Powers] of Part 7 [Enforcement] and Division 1 [Responsibilities and Authorities] of Part 8 [Administrative and Other Matters] of the Local Elections Campaign Financing Act apply in respect of ensuring compliance with and enforcement of the following: a former legislation as that former legislation applies to candidates, elector organizations and campaign organizers in relation to the 2014 general local election; b this Part and the regulations under this Part of this Act. Transition — offences 194 Division 2 [Offences] of Part 7 [Enforcement] of the Local Elections Campaign Financing Act applies in relation to offences under this Part of this Act. 2 Candidates and Elector Organizations Transition — financial agents for candidates and elector organizations 195 1 If, on the date of Royal Assent of this Act, an individual is a financial agent appointed by a candidate or a financial agent appointed by an elector organization in relation to the 2014 general local election in accordance with the requirements of the former legislation, the individual a may continue to act as financial agent for the candidate or as financial agent for the elector organization, as applicable, until 14 days after the date of Royal Assent of this Act, and b must be appointed by the candidate or the elector organization, as applicable, in accordance with the requirements of the new legislation on or before the date referred to in paragraph (a) in order to continue to act as financial agent for the candidate or as financial agent for the elector organization, as applicable. 2 If the individual referred to in subsection (1) is not reappointed as financial agent for the candidate or as financial agent for the elector organization, as applicable, in accordance with the requirements of the new legislation on or before the date referred to in subsection (1) (a) the individual must, as soon as practicable, provide to the candidate for whom the individual was the financial agent or to the elector organization for which the individual was the financial agent all records and material that the individual has in relation to the election campaign of the candidate or elector organization, as applicable. 3 If, on the date of Royal Assent of this Act, an individual is a financial agent appointed by a candidate or a financial agent appointed by an elector organization in relation to the 2014 general local election in accordance with the requirements of the new legislation, the individual is deemed to have been appointed under the new legislation. 4 An individual who contravenes subsection (2) commits an offence. 5 Section 86 [lower penalty offences] of the Local Elections Campaign Financing Act applies to an offence under subsection (2). Transition — campaign accounts of candidates and elector organizations 196 If, on the date of Royal Assent of this Act, a campaign account of a candidate or an elector organization includes a campaign contributions that were permitted under the former legislation but are not permitted under the new legislation, or b a transfer or deposit that was permitted under the former legislation but is not permitted under the new legislation, the money may remain in the campaign account and be used in accordance with the new legislation. Transition — requirement for separate campaign accounts 197 If, on the date of Royal Assent of this Act, a an individual who is a candidate in relation to multiple elections that are part of the 2014 general local election, or b an elector organization that intends to endorse or endorses candidates in elections for more than one jurisdiction that are part of the 2014 general local election, has a campaign account, but does not have a campaign account for each election campaign, the financial agent for the candidate or the financial agent for the elector organization, as applicable, must establish, within 14 days after the date of Royal Assent of this Act and in accordance with the new legislation, additional campaign accounts in order to have at least one campaign account for each election campaign. Transition — recording requirements for candidates and elector organizations 198 1 In this section: former recording requirements means the applicable requirements and obligations under section 88 [financial agent must record contributions and expenses] of the Local Government Act or section 60 [financial agent must record contributions and expenses] of the Vancouver Charter , as those provisions read immediately before their repeal by this Act; new recording requirements means the applicable requirements and obligations under section 22 [recording requirements, including records of campaign contributions, election expenses and transfers] of the Local Elections Campaign Financing Act . 2 For the purposes of applying the new recording requirements in relation to the 2014 general local election in respect of a campaign contributions received or accepted before the date of Royal Assent of this Act, b transfers made or accepted before the date of Royal Assent of this Act, c property or services as described in section 13 (6) [campaign contributions to candidate or elector organization] of the Local Elections Campaign Financing Act transferred or provided before the date of Royal Assent of this Act, and d election expenses used or incurred before the date of Royal Assent of this Act, the new recording requirements are satisfied if a financial agent for a candidate or a financial agent for an elector organization, as applicable, uses best efforts to comply with the new recording requirements where those differ from the former recording requirements. 3 Section 22 (3) and (4) [recording requirements, including records of campaign contributions, election expenses and transfers] of the Local Elections Campaign Financing Act applies to records created under the former legislation or this Act in relation to the 2014 general local election. 4 An individual who contravenes the provisions referred to in subsection (3) as they apply under that subsection commits an offence. 5 Section 86 [lower penalty offences] of the Local Elections Campaign Financing Act applies to an offence under subsection (3). Transition — transfer of candidate's surplus campaign funds 199 If, on the date of Royal Assent of this Act, a jurisdiction holds surplus campaign funds, including accumulated interest, in trust for a candidate under section 89.1 [transfer of candidate's surplus campaign funds] of the Local Government Act or section 61.1 [transfer of candidate's surplus campaign funds] of the Vancouver Charter , the funds must be dealt with as follows: a in respect of a candidate who was declared a candidate in the general local election before the 2014 general local election or in a by-election that is held before the 2014 general local election, the jurisdiction must pay the funds to the financial agent for the candidate for use in the 2014 general local election; b if the funds are not paid out under paragraph (a), the funds cease to be trust funds and become funds of that jurisdiction for use in the discretion of the local authority. Transition — candidate and elector organization disclosure requirements for the 2014 general local election 200 1 In this section: former disclosure requirements means the applicable requirements and obligations under sections 90 [duty to file disclosure statement] and 90.1 [duty to file supplementary reports] of the Local Government Act or sections 62 [duty to file disclosure statement] and 62.1 [duty to file supplementary reports] of the Vancouver Charter , as those provisions read immediately before their repeal by this Act; new disclosure requirements means the applicable disclosure requirements under the Local Elections Campaign Financing Act . 2 For the purposes of filing a disclosure statement or supplementary report under the new legislation in relation to the 2014 general local election in respect of a campaign contributions received or accepted before the date of Royal Assent of this Act, b transfers made or accepted before the date of Royal Assent of this Act, c property or services as described in section 13 (6) [campaign contributions to candidate or elector organization] of the Local Elections Campaign Financing Act transferred or provided before the date of Royal Assent of this Act, and d election expenses used or incurred before the date of Royal Assent of this Act, the new disclosure requirements are satisfied if a financial agent for a candidate or a financial agent for an elector organization, as applicable, uses best efforts to comply with the new disclosure requirements where those differ from the former disclosure requirements. Transition — disqualification list 201 On the date of Royal Assent of this Act, the disqualification list under the former legislation as it exists on that date is deemed to be the disqualification list under section 60 [disqualification list to be maintained] of the Local Elections Campaign Financing Act for the purposes of the 2014 general local election. 3 Third Party Sponsors Transition — definitions for this Division 202 In this Division: sponsor means an individual or organization that intends to sponsor third party advertising under the new legislation in relation to the 2014 general local election at the time the individual or organization receives a sponsorship contribution; sponsorship contribution means a contribution received or accepted by a sponsor that would have been a sponsorship contribution under the new legislation if the new legislation had been in force at the time the contribution was made. Transition — records of sponsorship contributions and sponsored advertising 203 1 In this section, third party sponsor recording requirements means the applicable requirements and obligations under section 36 [records of sponsorship contributions and sponsored advertising] of the Local Elections Campaign Financing Act . 2 For the purposes of applying the third party sponsor recording requirements in relation to the 2014 general local election in respect of a sponsorship contribution received or accepted before the date of Royal Assent of this Act, the third party sponsor recording requirements are satisfied if a sponsor uses best efforts to comply with the third party sponsor recording requirements. 3 Despite subsection (2), if a sponsorship contribution is an anonymous sponsorship contribution that is described in section 34 (1) (a) or (b) [restrictions on making sponsorship contributions] of the Act and is received on or after the day after the date of First Reading of the Local Elections Campaign Financing Act and before the date of Royal Assent of this Act, the sponsor must maintain records of the following for each anonymous sponsorship contribution: a the circumstances in which the anonymous sponsorship contribution was received; b the value of the anonymous sponsorship contribution; c the date on which the anonymous sponsorship contribution was made; d when and how the anonymous sponsorship contribution was dealt with in accordance with section 35 [dealing with prohibited sponsorship contributions] of the Act; e any other information required by regulation. 4 Section 36 (3), (4) and (5) [records of sponsorship contributions and sponsored advertising] of the Local Elections Campaign Financing Act applies to records created under this Act in relation to the 2014 general local election. 5 An individual who contravenes subsection (3) or the provisions referred to in subsection (4) as they apply under that subsection commits an offence. 6 Section 86 [lower penalty offences] of the Local Elections Campaign Financing Act applies to an offence under subsection (4) or (5). Transition — third party sponsor disclosure requirements for the 2014 general local election 204 1 In this section, third party sponsor disclosure requirements means the applicable disclosure requirements under the Local Elections Campaign Financing Act . 2 For the purposes of filing a disclosure statement or supplementary report under the new legislation in relation to the 2014 general local election in respect of a sponsorship contribution received or accepted before the date of Royal Assent of this Act, the third party sponsor disclosure requirements are satisfied if a third party sponsor uses best efforts to comply with the third party sponsor disclosure requirements. 3 Despite subsection (2), a disclosure statement must include the information in the records set out in section 203 (3) in respect of an anonymous sponsorship contribution described in that section. 4 Campaign Organizers Transition — definitions for this Division 205 In this Division: campaign account means a campaign account of a campaign organizer; disclosure statement means the information and material that must be filed under section 209 [transition — campaign organizer disclosure statement] ; financial agent means the financial agent for a campaign organizer. Transition — campaign organizer disclosure requirements for previous elections 206 The former legislation continues to apply in respect of a campaign organizer in relation to an election that is held before the 2014 general local election. Transition — financial agents for campaign organizers 207 1 Section 85 (4), (5), (6) and (8) [financial agent required for candidates, elector organizations and campaign organizers] of the Local Government Act or section 57 (4), (5), (6) and (8) [financial agent required for candidates, elector organizations and campaign organizers] of the Vancouver Charter , as applicable, continues to apply in relation to financial agents for the purposes of this Division. 2 A campaign organizer must have a financial agent until the campaign organizer and financial agent have complied with this Division. 3 A financial agent must continue to act as financial agent until the campaign organizer and the financial agent have complied with this Division or the financial agent has been replaced in accordance with section 85 of the Local Government Act or section 57 of the Vancouver Charter , as applicable. Transition — rules for campaign organizers 208 1 The following rules apply to campaign organizers in relation to the 2014 general local election: a on or after the date of Royal Assent of this Act, a financial agent must not do any of the following in relation to a campaign account: i accept or receive campaign contributions; ii accept or receive a transfer; iii make deposits; b on or after the date of Royal Assent of this Act, a financial agent must not i incur any election expenses on behalf of the campaign organizer, and ii use money in a campaign account to pay or reimburse election expenses incurred on behalf of the campaign organizer on or after the date of Royal Assent of this Act; c for certainty, a financial agent may use money in a campaign account to pay or reimburse election expenses incurred on behalf of the campaign organizer before the date of Royal Assent of this Act; d the financial agent must close all campaign accounts on or before general voting day for the 2014 general local election. 2 A financial agent who contravenes this section commits an offence. 3 Section 86 [lower penalty offences] of the Local Elections Campaign Financing Act applies to an offence under this section. Transition — recording requirements for campaign organizers 209 1 The financial agent must record and maintain records sufficient to allow compliance with disclosure requirements under this Division. 2 The records and material required under this section must be maintained as follows: a by the financial agent until all campaign organizer disclosure requirements under this Division have been fulfilled; b after campaign organizer disclosure requirements under this Division have been fulfilled, by the following until 5 years after the general voting day for the 2014 general local election: i if the campaign organizer is an individual, the campaign organizer; ii if the campaign organizer is an organization, the chief official of the campaign organizer. 3 The records and material required under this section must be retained in British Columbia. 4 The recording, maintenance and retention of records and material under this section and related receipts must be done in accordance with any requirements established by regulation. 5 A campaign organizer, financial agent or chief official who contravenes this section commits an offence. 6 Section 86 [lower penalty offences] of the Local Elections Campaign Financing Act applies to an offence under this section. Transition — campaign organizer disclosure statement 210 1 The financial agent must file with the BC chief electoral officer a disclosure statement, and the campaign organizer must ensure that the financial agent files a disclosure statement as required. 2 The disclosure statement must include information respecting the following, provided in accordance with the regulations: a the name and address of the savings institution for each campaign account of the campaign organizer; b the names of the candidates and elector organizations in relation to which the campaign organizer undertook an election campaign; c in relation to activities that occurred before the date of Royal Assent of this Act, the information required under section 90 (4) (a) to (f) [duty to file disclosure statement] of the Local Government Act or section 62 (4) (a) to (f) [duty to file disclosure statement] of the Vancouver Charter , as applicable; d the amount, date and purpose of payments made out of a campaign account on or after the date of Royal Assent of this Act; e the amount, date and purpose of transfers made out of a campaign account on or after the date of Royal Assent of this Act; f the date that each campaign account is closed; g any other information prescribed by regulation. 3 The disclosure statement must be in a form approved by the BC chief electoral officer and, as applicable, must be filed in accordance with the regulations, comply with any other requirements established by regulation and be accompanied by any other information or material required by regulation. 4 The following sections of the Local Elections Campaign Financing Act apply in relation to the disclosure statement: a section 47 [time limits for filing disclosure statements] ; b section 48 [notice of failure to file within no-penalty fee period] . 5 Section 91 [court order relief from filing obligations] of the Local Government Act or section 63 [court order relief from filing obligations] of the Vancouver Charter , as applicable, applies in relation to the disclosure statement. 6 If a campaign organizer does not file a disclosure statement in accordance with this section within the applicable time, the campaign organizer commits an offence and the financial agent commits an offence. 7 Section 86 [lower penalty offences] of the Local Elections Campaign Financing Act applies to an offence under this section. Transition — disqualification 211 1 The following penalties apply in relation to the failure to file a disclosure statement: a in the case of an individual who i is declared elected in the 2014 general local election, and ii is a campaign organizer who does not file the disclosure statement as required under this Division, the individual ceases to hold office as a member of the local authority and the seat of the member becomes vacant; b in the case of an elector organization that i endorsed one or more candidates in the 2014 general local election, and ii is a campaign organizer that does not file the disclosure statement as required under this Division, the elector organization is iii disqualified from endorsing a candidate until after the next general local election, and iv prohibited from accepting campaign contributions or incurring election expenses until after the next general local election; c in the case of an individual or organization that i sponsored third party advertising or registered under Division 3 [Registration of Third Party Sponsors] of Part 3 [Third Party Elections Advertising] of the Local Elections Campaign Financing Act in the 2014 general local election, and ii is a campaign organizer that does not file the disclosure statement as required under this Division, the sponsor is iii disqualified from endorsing a candidate until after the next general local election, and iv prohibited from accepting campaign contributions or incurring election expenses until after the next general local election. 2 The sections referenced in paragraphs (a) and (b) of this subsection apply to disqualifications and prohibitions under subsection (1) of this section as follows: a section 92 (2) to (4) [candidate disqualification for failure to file disclosure statement] of the Local Government Act or section 64 (2) to (4) [candidate disqualification for failure to file disclosure statement] of the Vancouver Charter , as applicable, applies to subsection (1) (a) of this section; b section 92.1 (2) and (3) [disqualification of elector organization or campaign organizer for failure to file disclosure statement] of the Local Government Act or section 64.1 (2) and (3) [disqualification of elector organization or campaign organizer for failure to file disclosure statement] of the Vancouver Charter , as applicable, applies to subsection (1) (b) and (c) of this section. 3 In applying sections 92 and 92.1 of the Local Government Act or sections 64 and 64.1 of the Vancouver Charter , a reference to "late filing period" must be read as the period that begins 91 days after the general voting day for the 2014 general local election and ends 120 days after the general voting day for the 2014 general local election. 5 Court Proceedings Transition — ongoing court proceedings in respect of relief from filing obligations 212 For certainty, if a candidate, elector organization or campaign organizer applied to the Supreme Court for relief from filing obligations under the former legislation, the former legislation continues to apply to the court proceedings until a final determination has been made. 6 Commencement Commencement 213 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: Item Column 1 Provisions of Act Column 2 Commencement 1 Anything not elsewhere covered by this table The date of Royal Assent 2 Part 2 January 1, 2016 3 Divisions 1 to 5 of Part 3 The day after the date of First Reading