I 4dsoyciDs Canada s warmest welcome 2011 LOCAL GOVERNMENT ELECTION Nomination Package COUNCILLOR Information Included: Nomination Paper Declaration of Candidate Declaration of Official of Elector Organization if applicable Appointment of Official Agent if applicable Appointment of Scrutineer Candidate Information Release Authorization optional Financial Disclosure Forms Campaign Financing Forms: * Appointment of Financial Agent * Campaign Financing Disclosure Statement * Contribution and Expense Record Forms Information Package: Town of Osoyoos Candidate Information Province of BC Candidate Information
Forms to be Completed 1. Nomination Paper 2. Declaration by Candidate TOWN OF OSOYOOS NOMINATION PACKAGE Form No, 3-3. Declaration of Official of Elector Organization if applicable 4. Appointment of Official Agent if applicable 5. Appointment of Scrutineer if applicable NOTE: Only one scrutineer may be present at each voting place during voting proceedings. Extra appointment forms are available on request. 6. Candidate Information Release Authorization optional 7. Financial Disclosure Forms * also included is a copy of the "Financial Disclosure Act" for your reference. 8. Campaign Financing Forms: a Appointment of Financial Agent * if a Financial Agent is not appointed, the candidate is deemed to be the Financial Agent. b Campaign Financing Disclosure Statement * must be completed whether or not the candidate is elected to office. * deadline for submission to the [officer responsible for corporate administration] of the [local government] is [insert date which is 120 days after general voting day]. c Contribution and Expense Record Forms * to assist with recording campaign contributions and expenses in order to accurately complete b above. Information Package 1. Notice ofnomination 2. Excerpts from the Local Government Act: * Elector Qualifications - Sections 50-52 * Qualifications for Office - Sections 66-68 * Nomination Deposits - Section 72.1 * Candidates and Representatives - Sections 79-82 * Campaign Financing- Sections 83-93 * Election Offences - Sections 151-154 IF YOU REQUIRE ASSISTANCE OR WOULD LIKE MORE INFORMATION ON THE NOMINATION PROCESS, THE ELECTION PROCESS, OR THE TOWN OF OSOYOOS OPERATIONS IN GENERAL, PLEASE CALL THE FOLLOWING PERSONS AT THE TOWN OF OSOYOOS OFFICE 250-495-6515. Janette Van Vianen, Chief Election Officer Jim Zakall, Deputy Chief Election Officer **NO1%4ATION PERIOD IS FROM 9:00 AM ON October 4, 2011 TO 4:00 PM ON October 14, 2011**
TOWN OF OSOYOOS DECLARATION OF CANDIDATE Form No. 3-3 Local Government Act Section 72 full name of person nominated usual name if different from full name and to appear on the ballot residing at residential address mailing address if different from residential address do solemnly declare as follows: 1. 1 am qualified under Section 66 of the Local Government Act to be nominated, elected, and to hold the office of Councillor for the Town of Osoyoos; 2. 1 am or will be on general voting day of the election, age 18 or older; 3. 1 am a Canadian citizen; 4. 1 have been a resident of British Columbia, as determined in accordance with Section 52 of the Local Government Act, for the past 6 months immediately preceding tothy s date; 5. 1am not in any way disqualified by the Local Government Act or any other enactment from voting in an election in British Columbia or from Ixing nominated for, being elected to, or holding office of Councillor for the Town of Osoyoos; 6. To the best of my knowledge, the information provided in these nomination documents is true. 7. If elected, I fully intend to accept the office. [Complete the following section only if, as Candidate, you wish an endorsement to apply. Pursuant to Section 722c of the Local Government Act, I have been endorsed by Elector Organization and wish to have the endorsement of this organization included on the ballot. Declared before me at British Columbia this day of Candidate Chief Election Officer or Commissioner for taking affidavits for British Columbia Phone Number of Candidate
, Form No. 3-4 Local Government Act Scedon 79 TOWN OF OSOVOOS DECLARATION OF OFFICIAL OF ELECTOR ORGANIZATION being an authorized director or official of hereby solemnly declare that to the best of my knowledge, information, and belief the elector organization named above: a has been in existence for at least 60 days immediately before the date on which this solemn declaration is made; b has had throughout the period referred to in paragraph a, a membership of at least 50 electors of the Town of Osoyoos for which the election is being held; c has authorized me to make this solemn declaration; d has endorsed as a candidate for Nayor/Councillor/Water Councillor of the Town of Osoyoos; e has the corporate name of and is also known as usual name of, abbreviations, acronyms or other names used by the elector organization 0 wishes that the following name, abbreviation, or acronym be the one included on the ballot: g has named affairs of the elector organization; and as director or official responsible for financial h has named of address telephone number J as President, Chair or Chief Official of the elector organization. Declared before me at British Columbia this day of Chief Election Officer or Commissioner for taking affidavits for British Columbia Official of Elector Organization
,2011. Form No. 3-6 TOWN OF OSOVOOS Local Government Act Section 81 APPOINTMENT OF OFFICIAL AGENT I, name of candidate a candidate for the office of - of the Town of Osoyoos in the forthcoming election, appoint name of official agent residing at residence address as my official agent for the 2011 general local election. Dated at -, British Columbia this dayof,2011. Candidate Received by the Chief Election officer or Designate this day of Chief Election Officer or Designate
,2011., Form No. 3-7 Local Government Act Section 81 TOWN OF OSOVOOS APPOINTMENT OF SCRUTJNEER I, a a Candidate, or b an Official Agent for Candidate for the office of hereby appoint of Name of Scrutineer Residential Address of Scrutineer as my scrutineer for the 2011 general local election. Dated at this day of British Columbia Signature of Candidate or Official Agent
Form No. 39 TOWNOFOSOYOOS CANIIDATE INFORMATION RELEASE AUTHORIZATION Your nomination documents are available to the public to view as soon as they are submitted to the Chief Election Officer. Consent provided with this form simply allows the Town of Osoyoos to provide your contact information, as appearing below, to the public and i or media. The information you choose to share will also be posted publicly on websites operated by Civiclnfo BC www,civicinfo.bc.ca. This is a primary source through which the electorate, the media, provincial government ministries, and university researchers are able to obtain provincewide local election information. Civiclnfo BC may also use the information for internal purposes. 1 Completing ally or all of this form is not mandatory and is entirely at your option. please print name of person nominated having submitted nomination documents for election to the office of COUNCILLOR in. the 2011 General Local Election, hereby give my consent to share the following information. This information may be shared by fax, telephone, email, posting on a website, or by other means of electronic communication. Address: Phone: Alternate Phone: Email: Twitter: Website: Faeebook: Age range: a Under 40 b 40-64 c 65 and Over d Undisclosed Previous Elected Experience cheek one: o Incumbent. Served in the same position between 2008 and 2011. o Served on council / board in a different position between 2008 and 2011. o Served on council / board prior to 2008, but not between 2008 and 2011. o Was elected to office in another jurisdiction school, local, provincial, or federal. 0 None. Signature of Candidate If you have questions about this collection of infonnation, please contact your Chief Election Officer at jvv@osoyoos.ca and/or 250-495-6515, or Civiclnfo BC at info@civicinfo.bc.ca, 250-383-4898.
t BECIsH Statement of Disclosure, COWMBIA Financial Disclosure Act You must complete a Statement of Disclosure form if you are: * a nominee for election to provincial or local government officet, as a school trustee or as a director of a francophone education authonty * an elected local government officai * an elected school trustee or a director of a francophone education authonty * an employee designated by a local government, a francophone education authority or the board of a school district * a public employee designated by the Leutenant Governor in Council C iocal govemmenr includes municipalities, regional districts and the isiands Twst Form and Fact Sheets: This form, Statement of Disclosure, can be found on the B.C. Government Web site: www.gov.bc.ca [type Statement of Disclosure in the search bar]. The form can be pnnted and completed by hand, or it can be completed at your computer then printed. If you do complete the form at your computer, you wit not be able to save it so please ensure you have printed the completed form before exiting the program. There are also mportant fact sheets on the Finanoai Disclosure Act to accompany this form on the Web site: * Fact Sheet for those accepting nomination as a municipal official [type AG04003-a in the search bar * Fact Sheet for those accepting nomination as member of the Legislative Assembly in B.C. [type AG04003-b in the search bar. Who has access to the information on this form? The Financial Disclosure Act requires you to disclose assets, liabilities and sources of income. Under section 6 1 of the Act, statements of disclosure filed by nominees or municipal officials are available for public inspection during normal business hours, Statements filed by designated employees are not routinely available for public inspection. If you have questions about this form, please contact your solicitor or your political party s legal counsel, What is a trustee? -. 52 In the following questions the term trustee does not mean school trustee or Islands Trust trustee, Under the Financial Disclosure Act a trustee: * holds a share in a corporation or an interest in land for your benefit, or is liable under the Income Tax Act Canada to pay income tax on income received on the share or land interest * has an agreement entitling him or her to acquire an interest in land for your benefit Person making disclosure: Street, rural route, post office box: City:, Province: PostalCode: Level of government that applies to you: " provincial local government school board/franoophone education authority If sections do not provide enough space, attach a separate sheet to contin lie. Assets 5. - S. 3 a List the name of each corporation in which you hold one or more shares, including shares held by a trustee on your behalf:
Liabilities - s. 3 e List all credttors to whom you owe a debt. Do not nciude res:dentral property debt mortgage, ease or agreement for sale, money borrowed for household or personal living expenses, or any assets you hold in trust br another person: creditor c?uirnej creditor r addreves, Income - s. 3 b-d List each of the businesses and organizations from which you receive finanoial remuneration for your services and identify your capacity as owner, partowner, employee, trustee, partner or other e.g. director of a company or society. * Provincial nominees and designated employees must list all sources of income in the provfnce. * Local government officials, school board officials, francophone education authority directors and designated employees must list only ncome sources within the regional district that includes the muncipaiity, local trust area or school district for which the official is elected or nominated, or where the employee holds the designated position roar capacity flames ojhusinessfrs/organiz.ations Real Property - s. 3 f List the legal description and address of all land in which you, or a trustee acting on your behalf, own an interest or have an agreement which entitles you to obtain an interest. Do not include your personal residence. * Provincial nominees and designated employees must list all applicable land holdings in the province * Local government officials, school board officials, francophone education authority directors and designated employees must list only applicable land holdings within the regional district that includes the municipality, local trust area or school district for which the official is elected or nominated, or where the employee holds the designated position legal deseriprioos, addressr es,i 2
Corporate Assets - s. 5 Do you ndivdualiy, or together wth your spouse, child, brother, sister, mother or father, own shares in a corporation which total more than 30% of yotes for electing directors? Include shares held by a trustee on your behalf, but not shares you hold by way of security no yes If yes, please list the following information be/ow & continue on a separate sheet as necessary: * the name of each corporation and all of its subsidiaries * in general terms, the type of business the corporation and its subsidiaries normally conduct * a descnption and address of land in which the corporabon, its subsaianes or a trustee acting for the corporation, own an or have an agreement entitling any of them to acquire an nterest nterest. * a list of creditors of the corporation. ncluding ts subsidiaries. You need not include debts of less than $5,000 payable n 90 days * a list of any other corporations in whch the corporation, ncludinq ts subsidiaries or trustees acting for them, holds one or more shares. signature qfperson making dlcclosure date Where to send this completed disclosure form: * Local government officials: * *to your local chief election officer * with your nomination papers, and to the officer responsible for corporate administration * between the 1st and 15th of January of each year you hold office, and * by the 15th of the month after you leave office + School board trustees/ Francophone Education Authority directors: * * to the secretary treasurer or chief executive officer of the authority * wfth your nomination papers, and * between the 1st and 15th of January of each year you hold office, and * by the 15th of the month after you leave office + Nominees for provincial office: * with your nomination papers. If elected you will be advised of further disclosure requirements under the Members Conf//ct of Interest Act + Designated Employees: to the appropriate disclosure clerk local government officer responsible for corporate administration, secretary treasurer, or Clerk of the Legislative Assembly by the 15th of the month you become a designated employee, and * between the 1st and 15th of January of each year you are employed, and by the 15th of the month after you leave your position 3 #AG04003 01/2004
Copyright c Queens Printer, Victoria, British Columbia. Canada IMPORTANT INFORMATION TMs Act is Current to July 13, 2011 Financial Disclosure Act [RSBC 19961 CHAPTER 139 Contents Definitions 2 Requirement to make written disclosure $ Contents and filing of written disclosures-. Provincial 4 Contents and filing of written disclosures: municipal Other rules about written disclosures 6 Access to wruten disclosures 7 Other disclosure laws S Proceedins not invalidated 9 OlThnce and penalty it Procedural matters II Liability to payment from profit after failure to disclose 12 Power to make rcaulations Definitions 1 In this Act: "business" includes a profession, calling, trade, manufacture, undertaking of any kind and an adventure or concern in the nature of trade, but does not include an office or employment; "debt" does not include a a mortgage, lease or agreement for sale on land ordinarily occupied by the debtor for, or as incidental to. residential purposes, b current and ordinary household and personal living expenses, and c money or other property entrusted to or received by a nominee, municipal official, public employee or municipal employee in trust for another person; "disclosure clerk" means http://www.bclaws.ca/eplibraries/bclawsnew/document/jd/freeside/009613901 26/07/2011
I ctc UI / a for a written disclosure filed by a nominee, the Clerk of the Legislative Assembly, b for a written disclosure filed by a municipal official or municipal employee. i in the case of an official or employee in relation to a municipality or regional district, the local government corporate officer, 1.1 in the case of an official or employee in relation to the Islands Trust, the secretary of the Islands Trust appointed under section 17 of the Islands Trust Act, ii in the case ofan official or employee in relation to the board of a school district, the secretary treasurer of the school district, and iii in the case of an official or employee in relation to a francophone education authority, the chief executive officer of the authority, and c for a written disclosure filed by a public employee, the Provincial Secretary; "employment" means the position of an individual in the service of some other person; "francophone education authority" has the same meaning as in the SchoolAct; "interest" means an interest specified, or required to be specified, in a written disclosure regardless of the date when it is required under section 3 to be filed; "land" does not include, except in the definition "debt", land ordinarily occupied by an owner for, or as incidental to. residential purposes; "local trust committee" has the same meaning as in the Islands TrustAct; "municipal employee" means a person who a is employed or appointed by the council of a municipality, by the board of a regional district, by the trust council, by a francophone education authority or by the board of a school district, and b is designated by the council, board, trust council or francophone education authority, as the case may be, to be a municipal employee; "municipal official" means a person who a is a member of the council of a municipality, the board of a regional district or a local trust committee, or b is a member of a board of school trustees constituted under the SchoolAci, or is a member of the board of regional trustees of a francophone education authority. and includes, except in sections 2 1, 3 and 5 and 11, a person for whom nomination papers for election to office as a municipal official have been filed; "nominee" means a person referred to in section 21; http://www.bclaws.ca/eplibraries/bclawsnew/document/id/freeside!009613901 26/0772011
J _,i "office" means the position of a person, other than a corporation, entitling the person to a ascertainable stipend or remuneration; fixed or "public employee" means a person, other than a municipal employee or a judge, who is by the Lieutenant Governor in Council and who is designated a employed by the government, or any of its boards, agencies or commissions, under the Public Service Act or by an order of the Lieutenant Governor in Council, b employed by or appointed to a board. agency or commission if the employment or appointment requires an order or approval of the Lieutenant Governor in Council, or C a member of a board, agency or commission established under an Act or by order of the Lieutenant Governor in Council; "trust council" has the same meaning as in the islands TrustAct: "written disclosure" means a written disclosure required to be made and filed under this Act. Requirement to make written disclosure 2 1 A person who accepts a nomination for election to office as a Provincial or municipal official must make a written disclosure and file it with the person s nomination papers. 2 Promptly after receiving a written disclosure under subsection 1, the person receiving it must send it to the appropriate disclosure clerk. 3 A person who is a municipal official, public employee or municipal employee must make and file a written disclosure between January I and 15 in each year in which the person is an official or employee. 4 A person who becomes a public employee or a municipal employee must make and file a written disclosure not later than the 15th day of the month following the month in which the person becomes a public employee or a municipal employee. 5 A person who ceases to be a municipal official, public employee or municipal employee, for any reason other than the person s death, must make and file a written disclosure not later than the 15th day of the month following the month in which the person ceases to be an official or employee. 6 A person is not required to file more than one written disclosure during any one month. Contents and filing of written disclosures: Provincial 3 A written disclosure made by a nominee or public employee must be filed in the prescribed form with the appropriate disclosure clerk and must specify all of the following: a the name of each corporation in which the person or a trustee for the person holds one or more shares; http://www.bclaws.ca/eplibraries/bclawsnew/document/id/freeside/0096i 3901 26/07/2011
I T UI b the name of each business situated or carrying on business in British Columbia and financially remunerating the nominee or public employee as an owner, part owner, trustee or partner; c the name of each business located or carrying on business in British Columbia and financially remunerating the nominee or public employee for services performed by the person as an employee; d the name of each organization located in British Columbia and financially remunerating the nominee or public employee for an office held by the person that is not disclosed under paragraph b or Ic; e the name of the creditor for each debt of the nominee or public employee; f a description and location of land located in British Columbia in which the nominee or public employee. or a trustee for that person, owns an interest or has an agreement entitling him or her to acquire an interest. Contents and filing of written disclosures: municipal 4 A written disclosure by a municipal official or municipal employee must a be filed in the prescribed form with the appropriate disclosure clerk, and b specify the matters listed in section 3, limited for scction 3b, c. d and 0 to thc regional district that includes the municipality, local trust area, school district or francophone school district for which the official is elected or nominated, or the employee is employed or appointed. Other rules about written disclosures 5 1 If shares of a corporation carrying more than 30% of the votes for the election of directors are held, other than by way of security only, a by a nominee, municipal official, public employee or municipal employee, or by a trustee for him or her, or bjointly by a nominee, municipal official, public employee or municipal employee, or by a trustee for him or her, and one or more of his or her spouse, child, brother, sister, mother or father, the written disclosure must include a statement, in prescribed form, setting out the c name of each of the corporation s subsidiaries, within the meaning of section 22 of the Business Corporations Act, d type of business ordinarily carried on by the corporation or by the subsidiary, e description and location of land of which the corporation, a trustee for it, an interest or has an agreement entitling it to acquire an interest, or the subsidiary, owns 0 name of the creditor for each debt of the corporation or subsidiary, except a debt of less than 5 000 payable in full in less than 90 days, and http://wwwbclaws.caleplibraries/bclawsnew/document/id/freeside/0096139_ui 26/07/2011
g name of each corporation in which the corporation, a trustee for it, or the subsidiary, holds one or more shares. 2 For the purposes of sections 3 and 4 and this section, a person is deemed to be a trustee for a nominee, municipal official, public employee or municipal employee if the person a holds a share in a corporation or an interest in land either for the benefit of the nominee, municipal official, public employee or municipal employee, or in circumstances where the nominee, municipal official, public employee or municipal employee is liable to pay, under the Income Tax Act Canada, income tax on income received by him or her on the share or land interest, or b has entered into an agreement entitling him or her to acquire an interest in the nominee, municipal official, public employee or municipal employee. land for the benefit of 3 A nominee, municipal official, public employee or municipal employee may make and file a supplementary written disclosure. Access to written disclosures 6 I The disclosure clerk with whom a written disclosure is filed under section 3 or 4 must produce for inspection, on request during normal business hours, the written disclosure filed by a nominee or municipal official. 2 Subject to subsections 3 and 4 and sections 9, 10 and 11, a person does not have access to a written disclosure filed by a public employee or municipal employee. 3 On receiving a written disclosure by a public employee, the Provincial Secretary must send a copy of it to the member of the Executive Council who, in the Provincial Secretary s opinion, is responsible to the Executive Council for the administration of the Act for which the public employee is employed or appointed. 4 On receiving a written disclosure by a municipal employee, the disclosure clerk must send a copy of it to the members of the council, board or trust council responsible for the employment or appointment of the municipal employee. Other disclosure laws 7 This Act is supplementary to and does not affect a duty or obligation to disclose an interest under any other law. Proceedings not invalidated 8 The failure of a municipal official, public employee or municipal employee to comply with this Act does not, of itself, invalidate a matter, proceeding, vote or contract. Offence and penalty 9 1 A person who, as a municipal official, public employee or municipal employee, fails to make or file a written disclosure under this Act, commits an offence. http ://www,bclaws.ca/eplibraries/bclaws new/document/id/freeside/00 961 39_0 1 26/07/2011
ragcuul I 2 A person who commits an offence under subsection I is liable on conviction to a fine of not more than $10 000. Procedural matters 10 1 It is a defence to a charge under section 9 to show that the municipal official, public employee or municipal employee complied with section 3 or 4 to the best of his or her knowledge or belief 2 If a public employee or municipal employee is prosecuted under section 9, the Provincial Secretary or appropriate disclosure clerk, at the request of the court, must send to the court the written disclosure of the employee. 3 11 in a prosecution under section 9, it is alleged that a person was a trustee for a municipal official, public employee or municipal employee, the onus is on the municipal official, public employee or municipal employee to show that the person was not a trustee on his or her behalf 4 if a public employee or municipal employee is prosecuted under section 9, the court may make public all or part of the public employee s or municipal employee s written disclosure. Liability to payment from profit after failure to disclose 11 1 If the Supreme Court, on an application made with the consent of the Attorney General, finds that a a municipal official, public employee or municipal employee knowingly and wilfully contravened this Act by not disclosing an interest, and b the official or employee made a financial gain resulting from his or her involvement in a matter, proceeding, vote or contract in respect of the interest, the court may order the municipal official, public employee or municipal employee to pay to the employee s employer, or to the local government to which the official is elected, as the case may be, the amount determined by the court to be the amount of the financial gain. 2 if an application under subsection I is made in respect of a public employee, the Provincial Secretary, at the request of the court, must send to a court the written disclosure of the public employee involved. 3 if an application under subsection I is made in respect of a municipal employee, the disclosure clerk, at the request of the court, must send to the court the written disclosure of the municipal employee. 4 If the proceedings under this section are against a public employee or municipal employee, the court may make public all or part of the employee s written disclosure. Power to make regulations http:llwww.bclaws.caleplibraries,bclaws_new/document/id/freeside/00j6l39_0 1 26/07/2011
I fl5%i I Ut I 12 The Lieutenant Governor in Council may make regulations referred to in section 4! of the Interpretation Act. Copyright c Queen s Printer, Victoria. British Columbia, Canada httpi/www.bclaws.ca/eplibrarieslbclaws_new/documentjld/fiteside/00j6139_ol 26/07/2011
,,,2011. Form No. 3-8 Local Government Act Section 85 TOWN OF OSOYOOS APPOINTMENT OF FINANCIAL AGENT I. a Candidate for the office of or an elector organization endorsing name of candidate hereby appoint of Address of Agent Name of Agent as my Financial Agent for the 2011 general local election. Dated at BC this dayof Signature of Candidate or Authorized Official of Elector Organization or Campaign Organizer
TOWN OF OSOYOOS CANDIDATE CAMPAIGN FINANCING DISCLOSURE STATEMENT FOR THE 2011 GENERAL LOCAL ELECTION Form No. 3-9 Page I Local Government Act s. 90 This disclosure statement is to be filed with the Director of Corporate Services of the Town of Osoyoos within 120 days after general voting day March 19,2012. NAME OF CANDIDATE: OFFICE for which candidate sought election: NAME OF ENDORSING ELECTOR ORGANIZATION if applicable: NAME OF CAMPAIGN ORGANIZER if applicable: SUMMARY OF CAMPAIGN CONTRIBUTIONS Total amount of campaign contributions $ Total from Part 1, Schedule A List of contributors who made contributions totalling $100 or more See Part 2 of Schedule A Total amount of anonymous campaign contributions remitted to the $ [local government name] Total from Part 3 of Schedule A Total amount of election expenses $ PLEASE COMPLETE SCHEDULE B PSULU DS Transfer from local government surplus finds from previous election $ Balance positive or negative remaining in candidate s campaign $ account Disbursement of surplus funds, please complete Schedule C CAMPAIGN ACCOUNT INFORMATION All moneta contributions were deposited in, and all election expenses paid from an account opened for I this purpose at located at name of f,nanciaj nstitution Branch address J NOTE: This is not a balance sheet. For example, contributions may not equal expenses. COMPLETE THE DECLARATIONS ON THE REVERSE.
,, DECLARATION OF CANDIDATE Form 3-9 Page 2 I. a candidate in the [local government] election, solemnly affirm that to the best of my knowledge, information and belief: a this campaign financing disclosure statement and supporting schedules completely and accurately discloses the information required by section 90 of the Local Government Act in relation to my election campaign for the office of in the 2011 General Local Election for the Town of Osoyoos; and b the requirements of Division 8 - Campaign Financing of the Local Government Act have been met in relation to my election campaign for the office of in the 2011 General Local Election for the Town of Osoyoos. Declared before me at this day of British Columbia Designated Local Government Officer or a Commissioner for taking affidavits for British Columbia Signature of Candidate DECLARATION OF FIjNANCIAL AGENT I, have prepared this disclosure statement and supporting schedules for and solemnly affirm that to the best of my name of candidate knowledge, information and belief that: a this campaign financing disclosure statement and supporting schedules completely and accurately discloses the information required by section 90 of the Local Government Act in relation to the election campaign of for name of candidate in the 2011 General Local Election for the Town of Osoyoos; and office b the requirements of Division S - Campaign Financing of the Local Government Act have been met in relation to the election campaign of for name of candidate in the 2011 General Local Election for the Town of Osoyoos. office Declared before me at this day of British Columbia Designated Local Government Officer or a Commissioner for taking affidavits for British Columbia Signature of Financial Agent
Form 3-9 Page 3 SCHEDULE A TO CAMPAIGN FINANCING DISCLOSURE STATEMENT CAMPAIGN CONTRIBUTIONS PART 1- CONTRIBUTIONS Contributions from known sources Total value of contributions of$loo or more from a singe source unless nil, complete Part 2 Total value of contributions totalling $99.99 or less from a B $ single source Contributions from anonymous sources Contributions from anonymous sources $ LESS: amount of anonymous contributions over $50 remitted to the of Osoyoos Total from Part 3 $ Total amount of anonymous campaign contributions of $50 or less = C $ Total amount of contributions A + B + C = $ Total number of contributors who made contributions totalling $99.99 or less
Form 3-9 Page 4 SCHEDULE A TO CAMPAIGN FINANCING DISCLOSURE STATEMENT CAMPAIGN CONTRIBUTIONS PART 2- LIST OF CONTRIBUTORS TOTALLING $100 OR MORE A attach supplementary hsv if required FULL NAME ADDRESS *2* DATE AMOUNT CLASS. 4, -. I I 1 - --. - *1* If numbered corporation or unincorporated organization, include full name of 2 individuals who are directors or principal officers or members. Do not report addresses of individuals. *3* Classes: individual, corporation, unincorporated organization, trade union, non-profit organization, other.
Form 3-9 Page 5 Local Government Act Section 904b SCHEDULE A TO CAMPAIGN FINANCING DISCLOSURE STATEMENT CAMPAIGN CONTRIBUTIONS PART 3- LIST OF ANONYMOUS CONTRIBUTIONS OVER $50 REMITTED TO TOWN OF OSOVOOS DATE VALUE DATE VALUE - { F I *1 1. I SUB-TOTAL GRAND TOTAL -
Form 3-9 Page 6 Local Government Act Section 904f BC, Reg. 380/93 SCHEDULE B TO CAMPAIGN FINANCING DISCLOSURE STATEMENT ELECTION EXPENSE DETAILS A. Election campaign advertising or communication expenses for: 1 radio, television, newspaper, periodical or electronic $ advertising for the public 2 signs, pamphlets, flyers and brochures S 3 advertising and promotion for the public not included $ in Alor 2 above 4 newsletters for members of the elector organization $ B. Election campaign office expenses for: 1 compensation paid to persons for campaign work, other than for $ services described in section 892 of the Local Government Act 2 rent, insurance and utilities $ 3 courier services and postage $ 4 furniture, telecommunication equipment and other equipment $ 5 office supplies and other office expenses not covered by B to 4 above $ C. Convention and similar meeting expenses $ D. Expenses for campaign related functions not described in C above $ K Research and polling expenses $ F. Campaign related transportation $ G. Other expenses provide description $ $ $ $ Total amount of other expenses $ TOTAL AMOUNT OF ELECTION EXPENSES
SCHEDULE C TO CAMPAIGN FINANCING DISCLOSURE STATEMEI%T DETAILS OF SURPLUS FUNDS DISBURSEMENT Form 3-9 Page 7 Local Government Act Section 904 A. Balance remaining in account $ B. Amount reimbursed to candidate from campaign account for the candidate s contributions to his/her campaign $ C. Amount of remaining surplus flinds after any reimbursement under B. $ D. Details of the disbursement of remaining surplus funds under C.
CAMPAIGN FINANCING RECORD KEEPING FORM Form 3-9 Page 8 RECORD OF CASH CAMPAIGN CONTRIBUTIONS NAME I ADDRESS DATE AMOUNT CLASS -..- -----------. ------ H.1_1ITh H -- f. I - - I I_ -.- I_4- - ll ih
CAMPAIGN FINANCING RECORD KEEPING FORM Form 3-9 Page 9 H NAME RECORD OF IN-KIND CAMPAIGN CONTRIBUTIONS ADDRESS VALUE *1 4 -_.1 L.-1 J -.f i I H
* CAMPAIGN FINANCING RECORD KEEPLNG FORM Form 3-9 Page 10 RECORD OF DISCOUNTED GOODS AND SERVICES GOOD OR SERVICE PRICE PAID FAIR MARKET VALUE RETAIL VALUE -.1 I *1 -r H I
j Form 39 Page 11 Local Government Act Section 87 CAMPAIGN FINANCING RECORD KEEPING FORM RECORD OF ANONYMOUS CAMPAIGN CONTRIBUTIONS REMITTED TO TOWN OF OSOYOOS CONTRIBUTION MONEY, GOODS VALUE!AMOUNT greater than $50 DATE REMITTED TO LOCAL GOVERNMENT r i - -.J -.... 1* t.-.--_ J.1. 1- k_ 1 f I I Th C.j
Form 3-9 CAMPAIGN FINANCING RECORD KEEPLNG FORM RECORD OF ELECTION EXPENSES Page 12 Local Government Act Section 88 GOODS, PROPERTY OR SERViCES RECEIVED, DATE incurred 1. DATE PAID ALM OLiN T I I I I I.- I -S--- I t.--.-i I :II
TOWN OF OSOYOOS 2011 GENERAL LOCAL ELECTIONS! NOTICE OF NOMINATION PUBLIC NOTICE is given to the electors of the Town of Osoyoos that nominations for the offices of: Mayor - One 1 to be elected Councillor - Four 4 to be elected AND FURTHER PUBLIC NOTICE is given to the electors of the Town of Osoyoos and the Regional District of Okanagan Similkameen Area A within the areas served by the Town of Osoyoos Water District known as System 8 and 9 that nominations are required for the offices of: Water Councillor - Two 2 to be elected Nominations will be received by the Chief Election Officer or a designated person, as follows: Town of Osoyoos 8707 Main Street, Osoyoos, BC, VOH 1VO 9:00 am October 4, 2011 to 4:00 pm October 14, 2011 Excluding Statutory holidays and weekends Nomination documents are available at the Town of Osoyoos, Town Office, 8707 Main Street, Osoyoos, BC, VOH 1VO, between 8:30 AM and 4:30 PM Monday through Friday excluding Statutory Holidays, or on the Town s website at www.osoyoos.ca.. QUALIFICATIONS FOR OFFICE A person is qualified to be nominated, elected, and to hold office as a member of local government if they meet the following criteria: * Canadian citizen; * 18 years of age or older; * resident of British Columbia for at least 6 months immediately before the day nomination papers are filed; * a person or the commander of an armed forces unit who has been granted freedom of the municipality, if that person is a Canadian citizen; and * not disqualified by the Local Government Act or any other enactment from voting in an election in British Columbia or from being nominated for, being elected to, or holding office. FURTHER for Water Councillor, a person to be nominated must be resident in of water in the area serviced by Osoyoos Water District System 8 or 9. and user FURTHER INFORMATION on the foregoing may be obtained by contacting: Janette Van Vianen, Chief Election Officer 250-495-6515 Jim Zakall, Deputy Chief Election Officer 250-495-6515 Chief Election Officer
Excerpts from the Local Government Act Inctudes: * Elector Qualifications - Sections 50-52 * Qualifications for Office - Sections 66-68 * Nomination Deposits - Section 72.1 * Candidates and Representatives - Sections 79-82 * Campaign Financing - Sections 83-93 * Election Offences - Sections 151-154
Quickscribe Services Ltd - Law Library Updating - Online Subscribers Area Page 1 of 2 Resident electors 5O.1ln order to be registered as a resident elector of a jurisdiction a person must meet all the following requirements on the day of registration: a the person must be an individual who is, or who will be on the general voting day for the jurisdiction, age 16 or older; b the person must be a Canadian citizen; c the person must have been a resident of British Columbia, as determined in accordance with section 52, for at least 6 months immediately before that day; d the person must have been a resident of the jurisdiction, as determined in accordance with section 52, for at least 30 days immediately before that day; e the person must not be disqualified by this Act or any other enactment from voting in an eection or be otherwise disqualified by law. 2lf a municipality is incorporated or the boundaries of a jurisdiction are extended, a person is deemed to have satisfied the requirement of subsection 1 d if, for at least 30 days before the person applies for registration as an elector, the person has been a resident, as determined in accordance with section 52, of the area that becomes the municipality or is included in the jurisdiction. RS1979-290-51; 1993-54-10. Non-resident property electors 51. 1 In order to be registered as a non-resident property elector of a jurisdiction, a person must meet all the following requirements on the day of registration: a the person must not be entitled to register as a resident elector of the jurisdiction; b the person must be an individual who is, or who will be on the general voting day for the jurisdiction, age 18 or older; c the person must be a Canadian citizen; d the person must have been a resident of British Columbia, as determined in accordance with section 52, for at least 6 months immediately before that day; e the person must have been a registered owner of real property in the jurisdiction for at least 30 days immediately before that day; 12/00 e. 1 the only persons who are registered owners of the real prope, either as joint tenants or tenants in common, are individuals who are not holding the property in trust for a corporation or another trust; f the person must not be disqualified by this Act or any other enactment from voting in an election or be otherwise disqualified by law. 2 A person may only register as a non-resident property elector in relation to one parcel of real property in a jurisdiction. 3 If a municipality is incorporated or the boundaries of a jurisdiction are extended, a person is deemed to have satisfied the requirement of subsection 1 e if, for at least 30 days before the person applies for registration as a non-resident property elector, the person has been a registered owner of property within the area that becomes the municipality or is included in the jurisdiction. 4 For the purposes of this section, the registered owner of real property means whichever of the following is applicable: a the owner of a registered estate in fee simple of the property, unless another person holds an interest in the property referred to in paragraphs btod; b the holder of the last registered agreement for sale, unless another person holds an interest in the property referred to in paragraph c or d; c the tenant for life under a registered life interest in the property, unless another person holds an interest in the property referred to in paragraph d; d the holder of a registered lease of the property for a term of at least 99 years. 5 If there is more than one individual who is the registered owner of real property, either as joint tenants or tenants in common, only one of those individuals may register as a non-resident property elector under this section in relation to the real property. http://quickscribe.bcca/icompass/secure/docunientcontent,html?docjdl50&tocid922 26/07/2011
Quickscribe Services Ltd - Law Library Updating - Online Subscribers Area Page 2 of 2 6 If the land title registration of the real property in relation to which a person is registering under this section indicates that there is more than one individual who is the registered owner of the real property, the person registering must do so with the written consent of the number of those individuals who, together with the person registering, are a majority of those individuals, 7 A registered owner who has consented to the registration of another registered owner of the property may withdraw the consent by delivering a written withdrawal to the municipality or regional district. 8 Once a withdrawal of consent has been delivered in accordance with subsection 7, the person registered as the non-resident property elector in relation to the property ceases to be entitled to be registered and vote as such if the number of individuals referred to in subsection 6 falls below a majority of the registered owners, with this effective a for the next election, in the case of a withdrawal delivered at least 52 days before general voting day for the election, and b following the next election, in the case of a withdrawal delivered less than 52 days before general voting day for the election. RS1979-290-52; 1993-54-10; 1994-52-SI; 1998-34-14; 2000-7-9. Rules for determining residence 52. 1 The following rules apply to determine the area in which a person is a resident: a a person is a resident of the area where the person lives and to which, whenever absent, the person intends to return; b a person may be the resident of only one area at a time for the purposes of this Part; c a person does not change the area in which the person is a resident until the person has a new area in which the person is a resident; d a person does not cease being a resident of an area by leaving the area for temporary purposes only. 2 As an exception to subsection 1, if a person establishes for the purposes of attending an educational institution a new area in which the person is a resident that is away from the usual area in which the person is a resident! the person may choose for the purposes of this Part either the usual area or the new area as the area in which the person is a resident. PSi 979-290-53: 993-54-10. http://quickscribebc.ea/icompass/secure/documentcontent.html?docid I 50&tocid=922 26/07/2011
yuickscrine services Ltd - Law Library Updating - Online Subscribers Area Page 1 of 2 Part 3: Division 5 - Qualifications for Office Who may hold elected office as a member of a local government 66. 1 A person is qualified to be nominated for office, and to be elected to and ho office, as a member of a local government if at the relevant time the person meets all the following requirements: a the person must be an individual who is, or who will be on general voting day for the election, age 18 or older; b the person must be a Canadian citizen; c the person must have been a resident of British Columbia, as determined in accordance with section 52, for at least 6 months immediately before the relevant time; d the person must not be disqualified by this Act or any other enactment from voting in an election in British Columbia or from being nominated for, being elected to or holding the office, or be otherwise disqualified by law, 2 Without limiting subsection I d, the following persons are disqualified from being nominated for, being elected to or holding office as a member of a local government: a a person who is a judge of the Court of Appeal, Supreme Court or Provincial Court; b a person who is disqualified under section 67 as an employee of a local government, except as authorized under that section; c a person who is prohibited from holding elected office i under Division 17 of this Part as it applies to elections or voting on any other matter under this or any otheract, or ii under Division 17 of Part I of the Vancouver Charter as it applies to elections or voting on any other matter under that or any other Act; d a person who is disqualified under section 92 [failure to file disclosure statement], or section 92.4 [disqualification for false or incomplete reports]; dl a person who is disqualified under Division 7 [Disqualification] of Part 4 of the Community Charter d.2 a person who is disqualified under section 141 [circumstances in which a person is disqualified from Council] of the Vancouver Charter e a person who is disqualified under any other enactment. R51979-290-66; 1993-54-10; 1998-34-22; 1999-37-20; 2003-52-176 B.C. Reg. 465/2003. Disqualification of local government employees 67. 1 For the purposes of this section, "employee" means a an employee or salaried officer of a municipality or regional district, or b a person who is within a class of persons deemed by regulation under section 156 to be employees of a specified municipality or regional district, but does not include a person who is within a class of persons excepted by regulation under section 156. 2 Unless the requirements of this section are met, an employee of a municipality is disqualified from being nominated for, being elected to or holding office a as a member of the council of the municipality, or b as a member of the board of the regional district in which the municipality is located. 3 Unless the requirements of this section are met, an employee of a regional district is disqualified from being nominated for, being elected to or holding office a as a member of the board of the regional district, or b as a member of the council of a municipality, including the City of Vancouver, that is within the regional district. 4 Before being nominated for an office to which subsection 2 or 3 applies, the employee must give notice in writing to his or her employer of the employee s http://quickscribe.bc.cauicompass/secure/documentontent.html?doc_id150&tocid924 26/07/2011
Quickscnhe Services Ltd Law Library Updating - Online Subscribers Area Page 2 of 2 ntention to consent to nomination, 5 Once notice is given under subsection 4, the employee is entitled to and must take a eave of absence from the employees position with the employer for a period that, at a minimum, a begins on the first day of the nomination period or the date on which the notice is given, whichever is later, and b ends, as applicable, i if the person is not nominated before the end of the nomination period, on the day after the end of that period, ii if the person withdraws as a candidate in the election, on the day after the withdrawal, iii if the person is declared elected, on the day the person resigns in accordance with subsection 8 or on the last day for taking office before the person is disqualified for a failure to take the oath of office within the time specified by an enactment that applies to the person, iv if the person is not declared elected and an application for judicial recount is not made, on the last day on which an application for a judicial recount may be made, or v if the person is not declared elected and an application for judicial recount is made, on the date when the results of the election are determined by or following the judicial recount, 6 If agreed by the employer, as a matter of employment contract or otherwise, the leave of absence under this section may be for a period longer than the minimum required by subsection 5. 7 Sections 54 and 56 of the Employment Standards Act apply to a leave of absence under this section. 8 Before making the oath of office, an employee on a leave of absence under this section who has been elected must resign from the person s position with the employer. 9 At the option of the employee, a resignation under subsection 8 may be conditional on the person s election not being declared invalid on an application under section 143. R51979-290-67; 1993-54-10; 1995-38-134; 1998-34-23; 2003-52-177 B.C. Req. 465/2003. Only one elected office at a time in the same local government 68. 1 At any one time a person may not hold more than one elected office in the same local government, 2 At any one time a person may not be nominated for more than one elected office in the same local government, 01/04 3 A current member of a local government may not be nominated for an election under section 37 for another office in the same local government unless the person resigns from office within 14 days after the day on which the chief election officer is appointed. RS1979-290-68; 1993-54-10; 1998-34-24; 2003-52-178 B.c. Req. 465/2003. http://quickscribe.bc.ca/icompass/secure/documentcontcnt.html?docjd I 50&tocid=924 26/07/2011
Quickscribe Services Ltd - Law Library Updating - Online Subscribers Area Page 1 of I Nomination deposits 72.11The local government may, by bylaw, require that a nomination for mayor. councilloror &ectoral area director be accompanied by a nomination deposit. 2The amount of a required nomination deposit may be different for the different offices referred to in subsection 1, but must not be greater than $100. 3A nomination deposit must be held by the chief election officer to be dealt with as follows: aif the person nominated s not declared to be a candidate under section 74 [declaration of candidatesj the deposit is to be returned to the person or to the financial agent of the person; bif the person nominated flies a disclosure statement as required by section 90 or as the requirements of that section are modified by court order under section 91 [court order for re//eq the deposit is to be returned to the person or the financial agent of the person; c in other cases, the deposit is forfeited and is to be paid to the local government. I 999-37-22. http://quickscribe.bc.calicompass/secure/documentcontent.html?docid 1 50&tocid=925 27/07/2011
Quiekscrihe Services Ltd - Law Library Updating - Online Subscribers Area Page 1 of 3 CHAPTER #323 RSBC 19961 Part P Dvnrion 7 Candidates and Representatirea LOCAL GOVERNMENT ACT Part 3: Division 7 - Candidates and Representatives Ballot showing candidate endorsement by elector organization 79. 1 In order for an organization, whether incorporated or unincorporated, to have ts endorsement of a candidate included on a ballot, the organization must a have been in existence for at least 60 days immediately before the solemn declaration under subsection 3 is made, and b have had throughout the period referred to in paragraph a a membership of at least 50 electors of the municipality or regional district for which the election is being held. 2 An organization must indicate its endorsement by authorizing a director or other official to make the solemn declaration described in subsection 3. 3 The solemn declaration of the official of the elector organization must include the following: a a statement that, to the best of the knowledge, information and belief of the official, the elector organization i has been in existence for at least 60 days immediately before the date on which the solemn declaration is made, H has had throughout the period referred to in subparagraph i a membership of at least 50 electors of the municipality or regional district for which the election is being held, and Hi has authorized the official to make the solemn declaration; b the name of the candidate endorsed by the elector organization; c the corporate name, if any, of the elector organization, the usual name of the organization and any abbreviations, acronyms and other names used by the elector organization; d a statement as to which name, abbreviation or acronym referred to in paragraph c is the one that the elector organization wishes to have included on the ballot; e the name of the director or other official responsible for the financial affairs of the elector organization; f the name of the president, chair or other chief official of the elector organization and an address and telephone number at which this person can be contacted; g any other matter required to be included by regulation under section 156. 4 The name, abbreviation or acronym referred to in subsection 3 d must not a include any matter that is prohibited by section 105 from being included on the ballot, or b be, in the opinion of the chief election officer, so similar to the name, abbreviation or acronym of another elector organization whose endorsement of a candidate appeared on a ballot at the preceding general local election or a later election as to be confusing to the electors. 5 A solemn declaration under subsection 3 may be made in relation to more than one candidate in an election, but only one elector organization endorsement may be shown on a ballot in relation to a candidate. 6 An elector organization endorsement must not appear on a ballot if, before 4 pm. on the 29th day before general voting day, a the elector organization withdraws its endorsement by delivering to the chief election officer by that time i a written withdrawal signed by a director or other official of the elector organization, and H a solemn declaration of the official signing the withdrawal that, to the best of that person s knowledge, information and belief, the elector organization has authorized the person to make the withdrawal, or http://quickscribe.bc.ca/icompass/secure/documentcontent.htnhl?docjdl50&tocid926 26/07/201 1
Quickscrihe Services Ltd - Law Library Updating - Online Subscribers Area Page 2 of 3 b the candidate withdraws the request to have the elector organization endorsement appear on the bauot by delivering a signed withdrawal to the chief election officer by that time. RSI979-290-79; 1993-54-10; 1994-52-61. Withdrawal, death or incapacity of candidate 80. 1 At any time up until 4 p.m. on the 29th day before genera! voting day, a person who has been nominated may withdraw from being a candidate in the election by delivering a signed withdrawal to the chief election officer, which must be accepted if the chief election officer is satisfied as to its authenticity. 2 Afterthetime referred to in subsection 1, a candidate may only withdraw by delivering a signed request to withdraw to the chief election officer and receiving the approval of the minister. 3 For the purposes of subsection 2, the chief election officer must notify the minister of a request to withdraw as soon as reasonably possible after receiving it. 4 The chief election officer must notify the minister if, between the declaration of an election by voting under section 76 2 and general voting day for the election, a a candidate dies, or b in the opinion of the chief election officer, a candidate is incapacitated to an extent that will prevent the candidate from holding office. 5 On approving a withdrawal under subsection 2 or being notified under subsection 4, the minister may order a that the election is to proceed, subject to any conditions specified by the minister, or b that the original election is to be cancelled and that a new election is to be held in accordance with the directions of the minister. RSI 979-290-80; 1993-54-10. Appointment of candidate representatives 81. 1 A candidate may appoint a one individual to act as official agent of the candidate, to represent the candidate from the time of appointment until the final determination of the election or the validity of the election, as applicable, and b scrutineers, to represent the candidate by observing the conduct of voting and counting proceedings for the election. 2 An appointment as a candidate representative must a be made in writing and signed by the person making the appointment, b include the name and address of the person appointed, and c be delivered to the chief election officer or a person designated by the chief election officer for this purpose as soon as reasonably possible after the appointment is made. 3 An appointment as a candidate representative may only be rescinded in the same manner as the appointment was made. 4 An appointment of an official agent may include a delegation of the authority to appoint scrutineers. 5 If notice is to be served or otherwise given under this Part to a candidate, it is sufficient if the notice is given to the official agent of the candidate. R81979-290-81; 1993-54-10. Presence of candidate representatives at election proceedings 82. 1 A candidate representative present at a place where election proceedings are being conducted must a carry a copy of the persons appointment under section 81, b before beginning duties at the place, show the copy of the appointment to the presiding election official or an election official specified by the presiding election official, and http://quickscribe.bc.ca/icompass/secure/documentcontent.html?docid 1 50&tocid=926 26/07/2011
Quicksenbe Services Ltd - Law Library Updating - Online Subscribers Area Page 3 of 3 c show the copy of the appointment to an election official when requested to do so by the official. 2 The presiding election official may designate one or more locations at a place where election proceedings are being conducted as locations from which candidate representatives may observe the proceedings and, if this is done, the candidate representatives must remain in those locations, 3 The absence of a candidate representative from a place where election proceedings are being conducted does not invalidate anything done in relation to an election, RS1979-290-32; 1993-54-IC. t Previous Next a CHAPTER #323 [RSBC 1996] Part 3. vision 7 -Candidates and Representahves LOCAL GOVERNMENT ACT http://quickscribe.bc.ca/icompass/seeure/documentcontent.html?doeid I 50&tocid92 26/07/2011
yulckscrlhe services Ltd - Law Library Updating - Online Subscribers Area Page I of 11 CHAPTER #323 RSBC 1996] Pe2 3. 9Mson S Camcagn FinancTho LOCAL GOVERNMENT ACT Part 3: Division 8- Campaign Financing Definitions 83. In this Division: "campaign account" means an account for a candidate, elector organization or campaign organizer that is required under section 85.11; "campaign contribution" means the amount of any money or the value of any property or services provided, by donation, advance, deposit, discount or otherwise, to a canthdate, elector organization or campaign organizer for use in an election campaign or towards the election expenses of an election campaign, including for certainty a the amount of any money provided by a candidate for the election campaign, and b in relation to an election campaign of a campaign organizer who is an individual, the amount of any money provided by the individual for the election campaign; "campaign organizer" means a an organization, whether incorporated or unincorporated, other than an elector organization, that undertakes, or intends to undertake, an election campaign that i augments or operates in place of, or ii is intended to augment or operate in place of the election campaign of one or more candidates or of one or more elector organizations, or both, or b an individual who i undertakes, or intends to undertake, an election campaign referred to in paragraph a, other than an election campaign for the individual as a candidate, and ii accepts, or intends to accept, campaign contributions in relation to the campaign from any other individual or any organization, whether incorporated or unincorporated; "disclosure statement" means a disclosure statement under section 90; "election campaign" means an election campaign within the meaning of section 84; 21/18 "election expense" means the value of property and services used in an election campaign by or on behalf of a candidate, elector organization or campaign organizer, a in relation to an election that is part of a general local election, during the calendar year in which the election is held, and b in relation to another election, after the date of the vacancy for which the election is being held; "elector organization" means an elector organization that endorses or intends to endorse a candidate within the meaning of section 79; 2/: 29/99 "late filing period" means the period specified under section 90,2 a 130 day late filing period for disclosure statements]; "money" includes cash, a negotiable instrument and a payment by means of a credit card; "property" means property or the use of property, as applicable; "supplementary report" means a supplementary report under section 90.1 RSI 979-290-83; 1993-54-10; 1999-37-26; 2008-5-9. 18/28 Election campaign 84. 1 In relation to a candidate, an election campaign is a campaign for any of the following purposes in relation to an election, including such a campaign undertaken before the person is nominated or declared a candidate: a to promote the election of the candidate, or to oppose the election of another candidate; http://quickscribe.be.ca/icompass/secure/documentcontent.html?docid=i 5O&tocid=928 26/07/2011
Quickscrihe Services Ltd.. Law Library Updating Online Subscribers Area Page 2 of II b to approve of a course of action advocated by the candidate, or to disapprove of a course of action advocated by another candidate; c to promote an elector organization or campaign organizer or its program. or to oppose an elector organization or campaign organizer or its program; d to approve of a course of action advocated by an elector organization or campaign organizer, or to disapprove of a course of action advocated by an elector organization or campaign organizer; e to promote the selection of the person to be endorsed by an elector organization, or to oppose the selection of another person for this; 0 to promote the selection of the person to have an election campaign undertaken or augmented by a campaign organizer, or to oppose the selection of another person for this. 2 In relation to an elector organization, an election campaign is a campaign for any of the following purposes in relation to one or more elections that are being conducted in a municipality or regional district at the same time! including such a campaign undertaken before the elector organization endorses a candidate: a to promote the election of a candidate! or to oppose the election of a candidate; b to approve of a course of action advocated by a candidate, or to disapprove of a course of action advocated by a candidate; c to promote an elector organization or campaign organizer or its program, or to oppose an elector organization or campaign organizer or its program; d to approve of a course of action advocated by an elector organization or campaign organizer, or to disapprove of a course of action advocated by an elector organization or campaign organizer. 3 In relation to a campaign organizer, an election campaign is a campaign for any of the following purposes in relation to one or more elections that are being conducted in a municipality or regional district at the same time: a to promote the election of a candidate, or to oppose the election of a candidate; b to approve of a course of action advocated by a candidate, or to disapprove of a course of action advocated by a candidate; c to promote an elector organization or campaign organizer or its program, or to oppose an elector organization or campaign organizer or its program; d to approve of a course of action advocated by an elector organization or campaign organizer, or to disapprove of a course of action advocated by an elector organization or campaign organizer; e to promote the selection of a person to be endorsed by an elector organization, or to oppose the selection of another person for this. 2008-5-10. Financial agent required for candidates, elector organizations and campaign organizers 85. 1 Subject to subsection 2, a candidate must appoint one individual as financial agent, who may also be the official agent of the candidate. 2 If a financial agent is not appointed for a candidate, the candidate is deemed to be his or her own financial agent. 3 An elector organization must appoint one individual as financial agent. 4 Subject to subsection 5, a campaign organizer must appoint one individual as financial agent. 5 If a campaign organizer that is an individual does not appoint a financial agent, the individual is deemed to be his or her own financial agent. 6 An appointment of a financial agent must a be made in writing and signed by the candidate, an authorized official of the elector organization or the campaign organizer or an authorized official of the campaign organizer, as applicable, and b include the name and address of the person appointed. http://quickscribe.bc.calicompass/secure/document..content.html?docjdl50&tocid=928 26/07/2011
Quickseribe Services Ltd - Law Library Updating - Online Subscribers Area Page 3 of 11 7 the appointment of a financial agent must be delivered to the chief election officer, or a person designated by the chief election officer for this purpose, as follows: a in the case of a financial agent for a candidate or elector organization, as soon as reasonably possible after the appointment is made or the chief election officer is appointed, whichever occurs later: b in the case of a financial agent for a campaign organizer, no later than the time when the information referred to in section 85.01 3 [information to be provided to chief election officer] is required to be provided under that section. 8 An appointment under this section may be rescinded only in the same manner as the appointment was made. 2008-5-Il.!r4 Information to be provided to chief election officer 85.010 A candidate must deliver the following information to the chief election officer as soon as reasonably possible after the person is declared to be a candidate under section 74 [declaration of candidates]: a the name of the financial agent of the candidate and an address and telephone number at which the financial agent can be contacted; b any other information required to be included by regulation under section 156. 2 An elector organization must deliver the following information to the chief election officer as soon as reasonably possible after it becomes an elector organization within the meaning of this Part or after the chief election officer is appointed, whichever is later: a the legal name of the elector organization; b the usual name of the elector organization, if this is different from its legal name, and any abbreviations, acronyms and other names used by the elector organization; c the name of the financial agent of the elector organization and an address and telephone number at which the financial agent can be contacted; d the name of the president, chair or other chief official of the elector organization and an address and telephone number at which that person can be contacted; e the name of the director or other official responsible for the financial affairs of the elector organization; 9 any other information required to be included by regulation under section 156. 3 A campaign organizer must deliver to the chief election officer information respecting the campaign organizer equivalent to the information required under subsection 2 for an elector organization no later than as soon as reasonably possible after the campaign organizer a has incurred election expenses greater than $500, or b has received campaign contributions greater than $500, but may deliver that information at any time after that officer is appointed. 4 If the information delivered to the chief election officer under this section changes, the candidate, elector organization or campaign organizer must deliver revised information to the chief election officer as soon as reasonably possible. 2008-5-12. Campaign accounts 85.1 1 The financial agent for a candidate, elector organization or campaign organizer must open one or more campaign accounts at a savings institution a before incurring an election expense that is expected to be paid from money available to the election campaign of the candidate, elector organization or campaign organizer, or b as soon as practicable after the financial agent receives a campaign contribution of money, whichever occurs first. ittp://quickscribe.bc.calicompass/secure/doeumentcontent.html?docid I 5O&toc id=92 8 26/07/2011
Quickscribe Services Ltd - Law Library Updating - Online Subscribers Area Page 4 of II 2 A campaign account must be in the name of the election campaign of the candidate, elector organization or campaign organizer, as applicable, and must be used exclusively for the purposes of that election campaign. 3 The financial agent must ensure that a all campaign contributions of money are deposited into a campaign account for the campaign of the applicable candidate, elector organization or campaign organizer, and b all payments for election expenses are made from a campaign account for that campaign. 2008-5-13, Restrictions on accepting contributions and incurring expenses 86. 1 A candidate, elector organization or campaign organizer must not accept campaign contributions or incur election expenses except through the financial agent or a person authorized by the financial agent. 2 A person must not accept a campaign contribution that the person has reason to believe is made in contravention of this Division. RS1979-290-86; 1993-54-10; 2008-5-14. Mar 05/08 Restrictions on making campaign contributions 87. 1 A person or unincorporated organization must not do any of the following: a make a campaign contribution to a candidate, elector organization or campaign organizer except by making it to the financial agent or a person authorized by the financial agent; b make an anonymous campaign contribution that has a value of more than $50; c make a number of anonymous campaign contributions to the same candidate for the election campaign if, in total, the campaign contributions would be equal in value to more than $50; d make a number of anonymous campaign contributions to the same elector organization or campaign organizer in relation to one or more elections that are conducted at the same time in a regional district or municipality if, in total, the campaign contributions would be equal in value to more than $50; e make a campaign contribution indirectly by giving the money, property or services to a person or unincorporated organization for that person or organization to make as a campaign contribution. 2 If a candidate, elector organization or campaign organizer is given an anonymous campaign contribution that exceeds the limit established by subsection 1, the candidate, elector organization or campaign organizer must give the campaign contribution to the municipality or regional district for which the election is being held for the use of that municipality or regional district in the discretion of its local government. RS1979-290-87; 1993-54-I 0:2008-5-15. Financial agent must record contributions and expenses Var 05/08 88. 1 For the purposes of complying with the reporting requirements of this Division, a financial agent must record the following for each campaign contribution made to the candidate, elector organization or campaign organizer for whom the financial agent is acting: a the value of the contribution; b the date on which the contribution was made; c the full name and address of the contributor, unless it is an anonymous contribution; d the class of the contributor as described in subsection 3; 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 http://quickscribe.bc.caiicompass/secure/document_content.html?docjd I 50&tocid928 26/07/2011
Quickscribe Services Ltd - Law Library Updating - Online Subscribers Area Page 5 of II ii if there are no ndividual directors, who are principal officers or principal members of the organization. 2 Subsection 1 does not apply to campaign contributions of services referred to in section 89 2 [services deemed to have nil value]. 3 Contributors must be classified as foflows: a individuals; b corporations; c unincorporated organizations engaged in business or commercial activity; d trade unions; e non-profit organizations; f other contributors, 4 The financial agent must maintain records of election expenses sufficient to meet the requirements of this Division. 5 The records required by this section must be retained by the financial agent, candidate, elector organization or campaign organizer until 7 years after general voting day for the election to which they relate. 1999-37-30; 2008-5-16. Valuation of campaign contributions and election expenses 89. 1 Unless otherwise provided, the value of property or services used by or provided to a candidate, elector organization or campaign organizer is a the actual amount paid or to be paid, if this is equal to or greater than the fair market value of the property or use of the property or of the services, or b the fair market value of the property or the use of the property or of the services, if no price is paid or to be paid or if the price is less than the fair market value. 2 The value of the following services is deemed to be nil: a services provided by a volunteer within the meaning of subsection 3; b services provided by a financial agent to comply with the requirements of this Part; c professional services provided to comply with the requirements of this Part; d free election advertising space provided to a candidate, elector organization or campaign organizer in a periodical publication if the advertising space is made available on an equitable basis to all other candidates. 3 A volunteer is an individual who provides services for no remuneration or material benefit, but does not include a an individual who is self-employed if the services provided are normally sold or otherwise charged for by the individual, or b an individual if the employer of the individual makes the services available at the employer s expense. 4 If a person provides property or services to a candidate, elector organization or campaign organizer for use in an election campaign at less than the fair market value of the property or services, the person is deemed to have made a campaign contribution of the difference between the fair market value and the amount charged. 5 If a debt owed by a candidate, elector organization or campaign organizer for an election expense remains unpaid 6 months or more after becoming due, the amount due is deemed to be a campaign contribution unless the creditor has commenced legal proceedings to recover the debt. RS1 979-290-89: 1993-54-10; 2008-5-17 Transfer of candidates surplus campaign funds 89.1 1 This section applies if, after the election and after the payment of a candidate s election expenses and any other reasonable expenses incidental to the candidate s election campaign, there is a balance remaining in an account referred to in section 85.1 [campaign accounts] for the candidate. hup:/!quickscribe.bc.ca/icompass/secure/document_content.html?doc_1d150&toc_id=928 26/07/2011
Quickseribe Services Ltd - Law Libraty Updating - Online Subscribers Area Page 6 of II 2 If the candidate made campaign contributions in relation to his or her election campaign, the financial agent may refund the campaign contributions to the candidate, to the extent that the total balance in the accounts permits this. 3 If, after any refund under subsection 2, the total balance in the accounts is less than $500, the financial agent may pay the balance to the candidate or in accordance with the directions of the candidate. 4 If, after any refund under subsection 2, the total balance in the accounts is $500 or more, the financial agent of the candidate must pay the balance as soon as practicable to the municipality or regional district for which the election was held. 5 Funds received by a municipality or regional district under subsection 4, including accumulated interest, must be held in trust by the municipality or regional district to be dealt with as follows: a if the person in respect of whom they were paid is a candidate within the meaning of section 74 [declaration of candidates] in an election for the municipality or regional district in the next general local election or in a by-election called before that time, the municipality or regional district 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 funds cease to be trust funds and become part of the general revenue of the municipality or regional district. 1999-37-31. ver 05/38 Duty to file disclosure statement 90. 1 Within 120 days after general voting day for an election, the financial agent of a each person who was declared to be a candidate under section 74, b each elector organization, and c each campaign organizer subject to the requirement under section 85.01 3 [information to be provided to chief election officer] must file with the designated local government officer a disclosure statement in accordance with this section. 2 The candidate, elector organization or campaign organizer must ensure that the financial agent files a disclosure statement in accordance with this section. 3 For certainty, a disclosure statement is required even if the candidate receives no campaign contributions, incurs no election expenses, is acclaimed, dies, withdraws from the election or is declared by a court to no longer be a candidate. 4 A disclosure statement must include the following in relation to the election campaign of the candidate, elector organization or campaign organizer: a the total amount of campaign contributions; b for each person or unincorporated organization who made a campaign contribution of $100 or more, the information referred to in section 88 1 a to e [records of contributions] other than the address of an individual; c for each anonymous campaign contribution that was given to the municipality or regional district under section 87 2, the information referred to in section 88 1 a and b [records of contributions]; d for contributions not referred to in paragraph b or c, the total value of the campaign contributions received and the total number of contributors from whom they were received; e the total amount of election expenses; 0 the total amount of election expenses in each class prescribed by regulation under section 156; g any transfers received from the municipality or regional district under section 89.1 5 a [transfer of candidate s surplus election funds]; h any balance for a candidate as referred to in section 89.1 1 [candidate s surplus election funds], or any equivalent deficit, on the day the report is prepared; i if there was a surplus as referred to in section 89.1 1 [candidate s surplus election funds], how that surplus was dealt with; i. 1 the name and address of the savings institution for the accounts required http://quickscribe.bc.ca/icompass/secure/document_content.html?docjd I 50&tocd=928 26/07/2011