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CHAPTER 398 [RSBC 1996] [includes 2018 Bill 53, c. 41 amendments (effective ember 8, 2018)] Contents Part 1 Introductory Provisions 1. Definitions Part 2 Legislative Initiatives Part 2: Division 1 Initiative Petition 2. Subject matter of legislative proposals 3. Application for initiative petition 4. Issue of initiative petition 5. Who may sign an initiative petition 6. Who may canvass for signatures 7. Requirements for initiative petition 7.01 Continuation of petition if an electoral district is disestablished or changed 8. Time limit for determination Part 2: Division 2 Select Standing Committee 9. Select standing committee 10. Referral of initiative to select standing committee 11. Duty of select standing committee 12. Effect of report by select standing committee Part 2: Division 3 Initiative Vote 13. Initiative vote 14. Initiative voting day every 3 years 15. Determination of successful initiative vote 16. Effect of successful initiative vote Part 2: Division 4 Effect of General Election 17. Suspension of petition process during general election 18. General election after petition sent to select standing committee Part 3 Recall Part 3: Division 1 Recall Petition 19. Application for recall petition 20. Issue of recall petition 398 [RSBC 1996] Page 2 of 107 Quickscribe Services Ltd.
20.01 No more than one current recall petition respecting Member 21. Who may sign a recall petition 22. Who may canvass for signatures 23. Requirements for recall petition 24. Time limit for determination 24.01 Report of unsuccessful recall petition 25. Result of successful recall petition Part 3: Division 2 By-election 26. Election 27. Prohibition on multiple elections with respect to the same electoral district 28. Application of Election Act Part 4 Initiative Petition Financing Part 4: Division 1 Authorized Participants and Financial Agents 29. Authorized participants must have financial agent 30. Financial agent for proponent 31. Application to become an opponent of an initiative petition 32. Financial agents for opponents 33. Notice to opponent groups 34. General obligations of financial agent 35. Assistant financial agent Part 4: Division 2 Initiative Petition Contributions and Expenses 36. Initiative petition contributions generally 37. Initiative petition contributions through loans and debts 38. Initiative petition contributions through fundraising functions 39. Initiative petition expenses 40. General valuation rules Part 4: Division 3 Making and Accepting Initiative Petition Contributions 41. Restrictions on making initiative petition contributions 42. Restrictions on accepting initiative petition contributions 43. Limits on anonymous contributions 44. Prohibited contributions must be returned 45. Financial agent must record each initiative petition contribution Part 4: Division 4 Initiative Petition Expenses 46. Restrictions on who may incur initiative petition expenses 47. Initiative petition expenses in excess of limit prohibited 48. Initiative petition expenses limit Part 4: Division 5 Reporting 49. Reporting of information regarding initiative petition contributions 50. Initiative petition financing report 398 [RSBC 1996] Page 3 of 107 Quickscribe Services Ltd.
51. Publication of financing summary Part 4: Division 6 Penalties for Failure to Comply 52. Publication of failure to comply 53. Effect of incurring expenses over limit 54. Court order for relief from expenses limit 55. Late filing of required reports 56. Failure to file initiative petition financing report 57. Court order for relief from filing obligations 58. False or misleading reports relating to an initiative petition Part 5 Initiative Vote Financing Part 5: Division 1 Authorized Participants and Financial Agents 59. Authorized participants must have financial agent 60. Notice to proponent and opponents for initiative petition 61. Financial agent for petition proponent 62. Financial agents for other proponents 63. Financial agents for opponents 64. Obligations and authority of financial agents and assistant financial agents Part 5: Division 2 Initiative Vote Contributions and Expenses 65. Initiative vote contributions 66. Initiative vote expenses 67. General valuation rules Part 5: Division 3 Making and Accepting Initiative Vote Contributions 68. Restrictions on making and accepting initiative vote contributions 69. Limits on anonymous contributions 70. Prohibited contributions must be returned 71. Financial agent must record each initiative vote contribution Part 5: Division 4 Initiative Vote Expenses 72. Restrictions on who may incur initiative vote expenses 73. Initiative vote expenses in excess of limit prohibited 74. Initiative vote expenses limit Part 5: Division 5 Reporting 75. Reporting of information regarding initiative vote contributions 76. Initiative vote financing report 77. Publication of financing summary Part 5: Division 6 Penalties for Failure to Comply 78. Publication of failure to comply 79. Effect of incurring expenses over limit 80. Court order for relief from expenses limit 81. Late filing of required reports 398 [RSBC 1996] Page 4 of 107 Quickscribe Services Ltd.
82. Failure to file initiative vote financing report 83. Court order for relief from filing obligations 84. False or misleading reports relating to an initiative vote Part 6 Initiative Communications Part 6: Division 1 General 85. Initiative advertising and opinion surveys 86. Sponsorship of initiative advertising and opinion surveys 87. No indirect sponsorship of initiative advertising 88. Initiative advertising must identify sponsor 89. Restriction on rates charged for initiative advertising 90. Prohibition against certain initiative advertising on general voting day 91. Restrictions on initiative campaigning near voting places 92. Requirements for publication of initiative opinion surveys Part 6: Division 2 Initiative Advertising Limits 93. Advertising limits 94. Penalties for exceeding initiative advertising limit 95. Court order for relief from advertising limit Part 6: Division 3 Registration of Sponsors 96. Initiative advertising sponsors must be registered 97. Registration with chief electoral officer 98. Obligations of registered sponsor 99. Limit on registration Part 6: Division 4 Disclosure of Independent Initiative Advertising 100. Independent sponsors must file disclosure reports 101. Contents of disclosure report 102. Late filing of reports 103. Failure to file reports 104. Court order for relief from filing obligations 105. Obligation to maintain records 106. Publication of initiative advertising summary Part 7 Recall Petition Financing Part 7: Division 1 Financial Agent 107. Authorized participants must have financial agent 108. Appointment of financial agent 109. General obligations of financial agent 110. Assistant financial agent Part 7: Division 2 Recall Contributions and Expenses 111. Recall contributions generally 112. Loans and guarantees to authorized participant 398 [RSBC 1996] Page 5 of 107 Quickscribe Services Ltd.
112.01 Debts owed by authorized participant 113. Recall contributions through fundraising functions 114. Recall expenses 115. General valuation rules Part 7: Division 2.1 Specified Fundraising Functions 115.01 Specified fundraising function using private residence property 115.02 Information respecting specified fundraising function Part 7: Division 3 Making and Accepting Recall Contributions 116. Restrictions on making recall contributions 116.01 Sponsorship contributions that become recall contributions 116.02 Confirmation and consent requirements for using recall contributions 116.03 Contributor confirmation and consent in relation to recall contribution 116.04 Recall contribution limits 117. Restrictions on accepting recall contributions 118. Limits on anonymous contributions 119. Prohibited contributions must be returned 120. Financial agent must record each recall contribution 120.01 Amounts transferred for use by Member 120.02 Return of unused recall contributions Part 7: Division 4 Recall Expenses 121. Restrictions on who may incur recall expenses 122. Recall expenses in excess of limit prohibited 123. Recall expenses limit Part 7: Division 5 Reporting 124. Reporting of information regarding recall contributions 125. Recall financing report 126. Publication of financing summary Part 7: Division 6 Penalties for Failure to Comply 127. Publication of failure to comply 128. Effect of incurring expenses over limit 129. Court order for relief from expenses limit 130. Late filing of required reports 131. Failure to file recall financing report 132. Court order for relief from filing obligations 133. False or misleading reports relating to a recall petition 133.01 Monetary penalties for making or accepting prohibited loan or guarantee 133.02 Monetary penalties for accepting recall contributions from specified fundraising functions using private residence property 133.03 Monetary penalties for failure to provide information respecting specified fundraising functions 133.04 Monetary penalties respecting prohibited recall contributions 398 [RSBC 1996] Page 6 of 107 Quickscribe Services Ltd.
133.05 Monetary penalties in relation to prohibited transfers 133.06 Monetary penalties for exceeding recall contribution limits 133.07 Monetary penalties respecting accepting recall contributions 133.08 Monetary penalties respecting anonymous recall contributions 133.09 Monetary penalties for failure to return recall contributions 133.10 Court order for relief respecting recall contributions 133.11 Publication of names Part 8 Recall Petition Communications Part 8: Division 1 General 134. Repealed 134.01 Contributions to recall advertising sponsors 135. Sponsorship of recall advertising 136. No indirect sponsorship of recall advertising 137. Recall advertising must identify sponsor 137.01 Identification of sponsor activities 137.02 Monetary penalties for failure to identify sponsor 138. Restriction on rates charged for recall advertising 139. Repealed Part 8: Division 2 140. 140. to 142. Repealed Part 8: Division 3 Registration of Recall Advertising Sponsors 143. Recall advertising sponsors must be registered 143.01 Independence from authorized participants 144. Registration with chief electoral officer 145. Obligations of registered sponsor 146. Limit on registration 146.01 Voluntary deregistration 146.02 Deregistration on becoming authorized participant 146.03 Reregistration Part 8: Division 3.1 Sponsorship Contributions 146.04 Sponsorship contributions 146.05 Loans and guarantees to recall advertising sponsors 146.06 Debts 146.07 Sponsorship contributions through fundraising functions 146.08 Making and using sponsorship contributions 146.09 Contributor confirmation and consent in relation to sponsorship contributions 146.10 Sponsorship contribution limits 146.11 Restrictions on sponsorship contributions 146.12 Limits on anonymous sponsorship contributions 146.13 Prohibited sponsorship contributions must be returned 146.14 Sponsorship contributions over specified amount 398 [RSBC 1996] Page 7 of 107 Quickscribe Services Ltd.
Part 8: Division 3.2 Recall Advertising Limits 146.15 Petition period recall advertising limits 146.16 Penalties for exceeding advertising limit 146.17 Court order for relief from advertising limit Part 8: Division 4 Reporting by Recall Advertising Sponsors 146.18 Disclosure report within 14 days non-petition period recall advertising 146.19 Disclosure report within 28 days non-petition period recall advertising 146.20 Contents of 28-day disclosure report non-petition period recall advertising 147. Independent sponsors must file disclosure reports 148. Contents of disclosure report 148.01 Disclosure report after calendar year 148.02 Contents of disclosure report after calendar year 149. Late filing of reports 150. Failure to file reports 151. Court order for relief from filing obligations 152. Obligation to maintain records 153. Publication of recall advertising disclosure report Part 8: Division 5 Monetary Penalties for Recall Advertising Sponsors 153.01 Monetary penalties for failing to register 153.02 Monetary penalties respecting making and using sponsorship contributions 153.03 Monetary penalties respecting contributor confirmation and consent 153.04 Monetary penalties respecting sponsorship contribution limits 153.05 Monetary penalties respecting sponsorship contributions 153.06 Monetary penalties respecting anonymous sponsorship contributions 153.07 Monetary penalties respecting return of sponsorship contributions 153.08 Monetary penalties respecting sponsorship contributions over specific amount 153.09 Court order for relief respecting recall advertising sponsor registration and sponsorship contributions 153.10 Publication of names Part 9 Offences 154. Prosecution of organizations and their directors and agents 155. Defence of due diligence 156. Signature and vote buying offences 157. Intimidation offences 158. Wrongful signing and voting 159. Offences in relation to canvassing for signatures 160. Offences in relation to financing 161. Offences in relation to initiative or recall advertising and promotion 162. Offences in relation to false or misleading information 163. Offence in relation to use of information 164. Penalties under this Part are in addition to any others 165. Limitation 398 [RSBC 1996] Page 8 of 107 Quickscribe Services Ltd.
Part 10 General 166. Delivery of notices 166.01 Publication of adjusted amounts 167. Filing documents with chief electoral officer 168. Access to and use of information in records 169. Enforcement of Act by chief electoral officer 170. Emergencies and other extraordinary circumstances 171. General regulations 172. Additional powers of the chief electoral officer 173. Appropriation 398 [RSBC 1996] Page 9 of 107 Quickscribe Services Ltd.
(ADD) (AM) (ADD) Definitions 1. (1) In this Act: Part 1 Introductory Provisions "advertising limit" means a limit under section 93 (2); "assistant financial agent", in relation to an authorized participant, means an individual authorized under section 110 (1) by the financial agent for the authorized participant; "authorized participant" means, in relation to an initiative petition, an authorized participant within the meaning of section 29, in relation to an initiative vote, an authorized participant within the meaning of section 59, and (c) in relation to a recall petition, an authorized participant within the meaning of section 107; "conduct" includes, in relation to initiative advertising and recall advertising, publish; "contribution", in relation to initiative advertising, means a contribution of money provided to a sponsor of such advertising, whether given before or after the individual or organization acts as a sponsor; "eligible individual" means an individual who is, or was immediately before the date of the individual's death, a resident of British Columbia, and a Canadian citizen or a permanent resident as defined in the Immigration and Refugee Protection Act (Canada); "expenses limit" means, in relation to an initiative petition, the applicable limit established under section 48 for initiative petition expenses, in relation to an initiative vote, the applicable limit established under section 74 for initiative vote expenses, and (c) in relation to a recall petition, the applicable limit established under section 123 for recall expenses; "financial agent" means, in relation to an initiative petition, a financial agent under section 30 or 32, in relation to an initiative vote, a financial agent under section 61, 62 or 63, and (c) in relation to a recall petition, a financial agent under section 108; "incur" means, in relation to an initiative petition expense, an initiative vote expense or a recall expense, using property or services in a manner that the value of the property or services is such an expense; "initiative advertising" means initiative advertising within the meaning of section 85; "initiative opinion survey" means an initiative opinion survey within the meaning of section 85; "initiative petition" means a petition to have a proposed law introduced into the Legislative Assembly; "initiative petition contribution" means an initiative petition contribution within the meaning of Part 4; "initiative petition expense" means an initiative petition expense within the meaning of Part 4; "initiative petition period" means the period starting on the day on which an initiative petition application is approved in principle by the chief electoral officer and ending 398 [RSBC 1996] Page 10 of 107 Quickscribe Services Ltd.
(ADD) (ADD) (ADD) on the last day under section 4 (4) or 17 (4), as applicable, for signing the petition, or if this is earlier, on the day on which the petition is submitted to the chief electoral officer in accordance with section 7; "initiative vote" means an initiative vote under section 13; "initiative vote contribution" means an initiative vote contribution within the meaning of Part 5; "initiative vote expense" means an initiative vote expense within the meaning of Part 5; "initiative vote period" means the period starting 60 days before general voting day for an initiative vote and ending at the close of general voting for the initiative vote; "Member" means a member of the Legislative Assembly; "non-petition period recall advertising" means the transmission to the public by any means, outside of a recall petition period, of an advertising message that directly promotes or opposes the recall of a Member, but does not include the publication without charge of news, an editorial, an interview, a column, a letter, a debate, a speech or a commentary in a bona fide periodical publication or a radio or television program, the distribution of a book, or the promotion of the sale of a book, for no less than its commercial value, if the book was planned to be made available to the public regardless of whether there was to be a recall, (c) the transmission of a document directly by a person or a group to their members, employees or shareholders, or (d) the transmission by an individual, on a non-commercial basis on the internet, or by telephone or text messaging, of his or her personal political views; "opponent" means, in relation to an initiative petition, an opponent of the petition within the meaning of section 29 (1), or in relation to an initiative vote, an opponent of the vote within the meaning of section 59 (1), and, in relation to Parts 4, 5 and 6, includes an individual or organization who intends to become an opponent or who was an opponent; "opponent group" means, in relation to an initiative petition, an opponent group for the petition within the meaning of section 33, or in relation to an initiative vote, an opponent group for the vote within the meaning of section 63 (2); "permissible loan" means a loan to an authorized participant in relation to a recall petition, or a recall advertising sponsor for the purpose of sponsoring recall advertising at a rate of interest that is not less than the prime rate of the principal banker to the government at the time the rate of interest for the loan is fixed; "personal recall expenses" means personal recall expenses within the meaning of section 114; "petition" means an initiative petition or a recall petition; "petition period recall advertising" means the transmission to the public by any means, during the recall petition period in respect of a recall petition, of an advertising message that promotes or opposes, directly or indirectly, the recall of the Member who is the subject of the petition, but does not include the publication without charge of news, an editorial, an interview, a column, a letter, a debate, a speech or a commentary in a bona fide periodical publication or 398 [RSBC 1996] Page 11 of 107 Quickscribe Services Ltd.
(SUB) (AM) (AM) (ADD) a radio or television program, the distribution of a book, or the promotion of the sale of a book, for no less than its commercial value, if the book was planned to be made available to the public regardless of whether there was to be a recall, (c) the transmission of a document directly by a person or a group to their members, employees or shareholders, or (d) the transmission by an individual, on a non-commercial basis on the internet, or by telephone or text messaging, of his or her personal political views; "proponent" means, in relation to an initiative petition, the registered voter who applied for the issuance of the petition, in relation to an initiative vote, a proponent within the meaning of section 59 (1), and (c) in relation to a recall petition, the registered voter who applied for the issuance of the petition, and, in relation to Parts 4, 5, 6, 7 and 8, includes an individual who intends to become a proponent or who was a proponent; "proponent group" means, in relation to an initiative vote, a proponent group for the vote within the meaning of section 62 (3); "recall advertising" means the following: petition period recall advertising; non-petition period recall advertising; "recall contribution" means a recall contribution within the meaning of Part 7; "recall expense" means a recall expense within the meaning of Part 7; "recall petition" means a petition issued by the chief electoral officer under this Act for the recall of a Member; "recall petition period" means the period starting on the day on which the chief electoral officer publishes notice under section 20 (1) of approval in principle of the recall petition and ending on the last day under section 20 (2) for signing the petition, or if this is earlier, on the day on which the petition is submitted to the chief electoral officer in accordance with section 23; "registered sponsor" means a sponsor registered under Division 3 of Part 6 in relation to initiative advertising; "registered voter" means a voter who is registered under the Election Act as a voter for an electoral district; "select standing committee" means the select standing committee of the Legislative Assembly appointed under section 9; "signature sheet" means a sheet for an initiative petition that is to be used for the signatures of registered voters for a specific electoral district; "specified fundraising function" means a fundraising function that is attended by one or more of the following: (i) a member of the Executive Council; (ii) a parliamentary secretary; (iii) a leader of a major political party, and is held for the purpose of raising funds to be used in relation to a recall petition by an authorized participant, whether or not there is certainty as to who will become the authorized participant for the recall petition; 398 [RSBC 1996] Page 12 of 107 Quickscribe Services Ltd.
(ADD) (AM) (ADD) (ADD) "sponsorship contribution" means a sponsorship contribution within the meaning of sections 146.04 to 146.07; "value", in relation to initiative advertising or recall advertising, means the price paid for preparing and conducting the advertising, or the market value of preparing and conducting the advertising, if no price is paid or if the price paid is lower than the market value. (2) Subject to subsection (1), words and expressions used in this Act, except "independent", have the meanings given to them in the Election Act. (3) For the purposes of the definition of "non-petition period recall advertising", an advertising message that directly promotes or opposes the recall of a Member is a message that names the Member, includes an image or likeness of the Member or identifies the Member by voice, physical description or electoral district, relates to the recall process under this Act, and (c) includes anything else prescribed by regulation. (4) Except in relation to sections 137, 138 and 161 (1) and (c), the transmission of an advertising message, for the purposes of the definitions of "non-petition period recall advertising" and "petition period recall advertising", includes the following activities, if the activities are conducted on a commercial basis to attempt to influence voters in relation to the recall of a Member: canvassing voters, in person or by telephone; mailing material that contains advertising messages. 1994-56-1; 1995-51-307; 2002-60-13; 2018-41-1. 398 [RSBC 1996] Page 13 of 107 Quickscribe Services Ltd.
Part 2 Legislative Initiatives Part 2: Division 1 Initiative Petition Subject matter of legislative proposals (AM) Sep 01/16 2. A legislative proposal may be made with respect to any matter within the jurisdiction of the Legislature. 1994-56-2. Application for initiative petition 3. (1) A registered voter may apply to the chief electoral officer for the issuance of a petition to have a legislative proposal introduced into the Legislative Assembly in accordance with this Act. (2) The application for the issuance of an initiative petition must include the following: the name and residential address of the applicant; (c) Issue of initiative petition a copy of a draft Bill for introduction into the Legislative Assembly; a signed statement of the applicant that he or she is not disqualified under this Act from making the application; (d) any other information that may be prescribed. (3) The application for the issuance of an initiative petition must be accompanied by a processing fee of $50. (4) The draft Bill must comply with section 2 and be drafted in a clear and unambiguous manner. (5) The initiative petition must not relate to a legislative proposal that is the same as or substantially similar to a legislative proposal that is the subject of another initiative petition if the initiative petition period for that other petition has not ended, or that other petition has been submitted to the chief electoral officer in accordance with section 7 but has not yet been dealt with under that section and, if applicable, under sections 10 and 11. 1994-56-3; 1995-51-308; 2016-4-28 (B.C. Reg. 191/2016). 4. (1) If satisfied that the requirements of section 3 have been met, the chief electoral officer must (c) notify the proponent that the application has been approved in principle, publish notice of the approval in principle in the Gazette and in at least one newspaper circulating in British Columbia, and issue the petition 60 days after the notice is published in the Gazette. (2) Once an application has received approval in principle, the application and the draft Bill accompanying the application may be inspected at the office of the chief electoral officer during its regular office hours. (3) An initiative petition must be in the form set out in the regulations and must have separate signature sheets for each electoral district. (4) 398 [RSBC 1996] Page 14 of 107 Quickscribe Services Ltd.
An initiative petition must be signed within 90 days from the date on which it is issued by the chief electoral officer, subject to an extension under section 17 (4). 1994-56-4; 1995-51-309. Who may sign an initiative petition 5. (1) In order to sign an initiative petition, an individual must have been a registered voter on the date the petition was first issued, and on the date he or she signs a signature sheet for the petition, must be a registered voter for the electoral district for which the signature sheet was issued. (2) An individual may sign any one initiative petition only once. (3) An individual who signs an initiative petition must also indicate his or her residential address on the petition. 1994-56-5; 1995-51-309. Who may canvass for signatures 6. (1) A registered voter may canvass for signatures on an initiative petition if, before the date on which he or she begins canvassing, the voter has been resident in British Columbia for at least 6 months, and the voter has registered his or her name and residential address with the chief electoral officer. (2) A person must not, directly or indirectly, accept any inducement for canvassing for signatures on an initiative petition. (3) A person must not, directly or indirectly, pay, give, lend or procure any inducement for a person who canvasses for signatures on an initiative petition. 1994-56-6; 1995-51-310. Requirements for initiative petition 7. (1) An initiative petition must comply with the following requirements: the signature sheets must be submitted to the chief electoral officer by the end of the period under section 4 (4) or, if applicable, in accordance with section 17; for each electoral district in British Columbia, the signature sheets for the electoral district must be signed by at least 10% of the total number of registered voters entitled to sign those signature sheets. (2) To be counted for the purpose of subsection (1), a signature on the petition must be accompanied by the residential address of the individual who signed and must be witnessed by the individual who canvassed the signature. (3) For the purpose of subsection (1), the total number of registered voters must be calculated as of the date on which the initiative petition was first issued. 1994-56-7; 1995-51-311 (AM) Continuation of petition if an electoral district is disestablished or changed 7.01 If an electoral district is disestablished or changed between the time an initiative petition is issued and the time it is to be submitted to the chief electoral officer, the references in this Part to an electoral district are deemed to be a reference to the 398 [RSBC 1996] Page 15 of 107 Quickscribe Services Ltd.
Time limit for determination electoral district as it was at the time the petition was issued. 1999-31-17; 2018-41-2. 8. Within 42 days from the day on which the petition is submitted to the chief electoral officer, he or she must determine whether the petition meets the requirements of section 7. 1994-56-8. Part 2: Division 2 Select Standing Committee Select standing committee 9. (1) At the start of the first session of each Parliament, the committee of selection appointed under the Standing Orders of the Legislative Assembly must appoint a select standing committee on Legislative Initiatives for the purpose of this Act. (2) The select standing committee remains in existence until the dissolution of the Parliament for which the members of the committee are appointed. (3) The select standing committee may meet and conduct its business regardless of whether or not the Legislative Assembly is in session. 1994-56-9. Referral of initiative to select standing committee 10. If the chief electoral officer determines in accordance with the regulations that the initiative petition meets the requirements of section 7, and the proponent has complied with Part 4, the chief electoral officer must send a copy of the petition and draft Bill to the select standing committee. 1994-56-10; 1995-51-312. Duty of select standing committee 11. (1) The select standing committee must, within 30 days of receiving a copy of the initiative petition and draft Bill under section 10, meet to consider the initiative petition and draft Bill. (2) The select standing committee must, within 90 days of the date of its first meeting, table a report recommending that the draft Bill be introduced at the earliest practicable opportunity, or refer the initiative petition and draft Bill to the chief electoral officer. Effect of report by select standing committee 1994-56-11. 12. If the select standing committee tables a report recommending that the draft Bill be introduced at the earliest practicable opportunity into the Legislative Assembly, the government must 398 [RSBC 1996] Page 16 of 107 Quickscribe Services Ltd.
introduce the Bill at the earliest practicable opportunity, or if the Bill is for the appropriation of any part of the consolidated revenue fund or of any tax or impost, (i) request the Lieutenant Governor to recommend the Bill by a message in accordance with sections 46 and 47 of the Constitution Act to the Legislative Assembly, and (ii) introduce the Bill at the earliest practicable opportunity. 1994-56-12. Part 2: Division 3 Initiative Vote Initiative vote 13. (1) If the select standing committee refers the initiative petition and draft Bill to the chief electoral officer, the chief electoral officer must hold an initiative vote under this Act. (2) On the recommendation of the minister after consultation with the chief electoral officer, the Lieutenant Governor in Council may make regulations respecting the conducting of an initiative vote under this Act. (3) Without limiting subsection (2), the regulations may Initiative voting day every 3 years specify what provisions of the Election Act apply, and adapt any of the provisions of the Election Act with changes that the regulations may provide. 1994-56-13; 1995-51-313. 14. (1) If required, initiative votes must be held on September 28, 1996 and on the last Saturday of September every third year after that date. (2) At least 90 days before general voting day for an initiative vote, the chief electoral officer must publish notice of the vote in the Gazette and in at least one newspaper circulating in British Columbia. 1994-56-14; 1995-51-314. Determination of successful initiative vote 15. (1) Subject to Part 5, the chief electoral officer must declare an initiative vote to be successful if more than 50% of the total number of registered voters in British Columbia vote in favour of the initiative, and more than 50% of the total number of registered voters for each of at least 2/3 of the electoral districts in British Columbia vote in favour of the initiative. (2) For the purpose of subsection (1), the total number of registered voters must be calculated as of the date of the vote. 1994-56-15; 1995-51-315. Effect of successful initiative vote 398 [RSBC 1996] Page 17 of 107 Quickscribe Services Ltd.
16. If the chief electoral officer declares an initiative vote to be successful, the government must do one of the following: introduce the Bill at the earliest practicable opportunity; if the Bill is for the appropriation of any part of the consolidated revenue fund or of any tax or impost, (i) request the Lieutenant Governor to recommend the Bill by a message in accordance with sections 46 and 47 of the Constitution Act to the Legislative Assembly, and (ii) introduce the Bill at the earliest practicable opportunity. 1994-56-16. Part 2: Division 4 Effect of General Election Suspension of petition process during general election 17. (1) If a general election is called during the 90 day signing period under section 4 (4) for an initiative petition, after the election is called the period for signing the initiative petition is suspended, copies of the original signature sheets issued under section 4 may not be used for further signatures, (c) any further signatures for the petition must be on a signature sheet issued under subsection (3) of this section, and (d) signature sheets issued under this section must be signed before the end of the extended period for signing the petition under subsection (4) of this section. (2) In order to have the initiative petition reissued, the proponent must, within 72 hours after the day on which the general election is called, submit to the chief electoral officer all signed copies of the signature sheets for the petition that were issued under section 4. (3) As soon as practicable after reporting the results of the general election to the Clerk of the Legislative Assembly, the chief electoral officer must reissue the petition by issuing new signature sheets that are marked as being provided under this section. (4) Despite any other provision of this Act, the extended period for signing referred to in subsection (1) (d) begins on the day when the signature sheets are issued under subsection (3) and ends the number of days later that is equal to the remaining number of days in the original signing period under section 4 (4). (5) The signature sheets for the reissued petition must be submitted to the chief electoral officer before the end of the period under subsection (4). (6) For an initiative petition to which this section applies, only those signature sheets submitted to the chief electoral officer in accordance with this section are to be considered for the purposes of section 7 (1). (7) If a general election is called between the time when a petition is submitted under section 7 and the determination under section 10, the time period under section 8 does not apply and the chief electoral officer must complete the required determinations as soon as possible after the return of the writs for the general election. 1994-56-17; 1995-51-316. General election after petition sent to select standing committee 398 [RSBC 1996] Page 18 of 107 Quickscribe Services Ltd.
18. (1) If a general election is called after the initiative petition and draft Bill have been sent to the select standing committee but before it has reached its decision, the new select standing committee appointed after the election must meet within 30 days from the start of the first session of the Legislative Assembly following the election to consider the initiative petition and draft Bill. (2) If a general election is called after the select standing committee has tabled a report under section 11 (2) but before the Bill has been introduced into the Legislative Assembly, the government must introduce the Bill at the first session of the Legislative Assembly following the election, or if the Bill is for the appropriation of any part of the consolidated revenue fund or of any tax or impost, (i) (ii) request the Lieutenant Governor to recommend the Bill by a message in accordance with sections 46 and 47 of the Constitution Act to the Legislative Assembly, and introduce the Bill at the first session of the Legislative Assembly following the election. 1994-56-18. 398 [RSBC 1996] Page 19 of 107 Quickscribe Services Ltd.
Part 3 Recall Part 3: Division 1 Recall Petition (AM) Sep 01/16 (SUB) (ADD) (SUB) (ADD) Application for recall petition 19. (1) A registered voter for an electoral district may apply under subsection (2) for the issuance of a petition for the recall of the Member of the Legislative Assembly for that electoral district. (2) The application for the issuance of a recall petition must be made to the chief electoral officer and contain the following: the name of the Member; the name and residential address of the applicant; (c) a statement, not exceeding 200 words, setting out why, in the opinion of the (d) applicant, the recall of the Member is warranted; a signed statement of the applicant that he or she is not disqualified under this Act from making the application; (e) any other information that may be prescribed. (3) The application for the issuance of a recall petition must be accompanied by a processing fee of $50. (4) No application for the issuance of a recall petition may be made during the 18 months following general voting day for the last election of the Member, or during the 6 months before the applicable general voting day under section 23 (2) of the Constitution Act for the next general election. (5) The chief electoral officer must, as soon as practicable after receiving an application under this section for the issuance of a recall petition, publish notice of the application on an Elections BC authorized internet site. 1994-56-19; 1995-51-317; 2016-4-28 (B.C. Reg. 191/2016); 2018-41-3. Issue of recall petition 20. (1) If satisfied that the requirements of section 19 have been met, the chief electoral officer must notify the proponent, the Member in relation to whom the petition is to be issued and the Speaker that the application has been approved in principle, as soon as practicable after giving the notices under paragraph, publish notice of the approval in principle on an Elections BC authorized internet site, and (c) as soon as practicable after publishing the notice under paragraph, issue the petition in the form set out in the regulations. (2) A recall petition must be signed within 60 days from the date on which it is issued by the chief electoral officer. (3) Once an application has received approval in principle, it may be inspected at the office of the chief electoral officer during its regular office hours. 1994-56-20; 1995-51-317; 2018-41-4. (ADD)No more than one current recall petition respecting Member 398 [RSBC 1996] Page 20 of 107 Quickscribe Services Ltd.
20.01 If the chief electoral officer issues a recall petition under section 20, the chief electoral officer must not issue any further recall petition in relation to the same Member until, as applicable, if the petition is not submitted in accordance with section 23 (1), 60 days after the date on which the petition was issued under section 20, or the date on which the chief electoral officer concludes that a determination under section 25 cannot be made. 2018-41-5. Who may sign a recall petition 21. (1) In order to sign a recall petition, an individual must have been a registered voter for the electoral district for which the Member was elected on general voting day for the last election of the Member, and on the date he or she signs the petition, must be a registered voter for an electoral district in British Columbia. (2) An individual may sign any one recall petition only once. (3) An individual who signs a recall petition must also indicate his or her residential address on the petition. 1994-56-21; 1995-51-317. Who may canvass for signatures 22. (1) A registered voter may canvass for signatures on a recall petition if, before the date on which he or she begins canvassing, the voter has been resident in British Columbia for at least 6 months, and the voter has registered his or her name and residential address with the chief electoral officer. (2) A person must not, directly or indirectly, accept any inducement for canvassing for signatures on a recall petition. (3) A person must not, directly or indirectly, pay, give, lend or procure any inducement for a person who canvasses for signatures on a recall petition. 1994-56-22; 1995-51-318. Requirements for recall petition 23. (1) A recall petition must comply with the following requirements: the petition must be submitted to the chief electoral officer within 60 days after the date on which the petition was issued under section 20; the petition must be signed by more than 40% of the total number of individuals who are entitled to sign the recall petition under section 21. (2) To be counted for the purpose of subsection (1), a signature on the petition must be accompanied by the residential address of the individual who signed and must be witnessed by the individual who canvassed the signature. 1994-56-23; 1995-51-319. Time limit for determination 398 [RSBC 1996] Page 21 of 107 Quickscribe Services Ltd.
24. When a recall petition is submitted to the chief electoral officer, he or she must determine within 42 days and in accordance with the regulations, if any, whether the petition meets the requirements of section 23. 1994-56-24. (ADD) Report of unsuccessful recall petition 24.01 If the chief electoral officer determines that the recall petition does not meet the requirements of section 23, or the proponent has not complied with Part 7, the chief electoral officer must report this to the Member, the proponent and the Speaker of the Legislative Assembly as soon as possible after making the determination. 2018-41-6. Result of successful recall petition 25. (1) If the chief electoral officer determines that the recall petition meets the requirements of section 23, and the proponent has complied with Part 7, the Member ceases to hold office and the seat of the Member becomes vacant. (2) The chief electoral officer must report to the Member and to the Speaker of the Legislative Assembly as soon as possible after making a determination under subsection (1). 1994-56-25; 1995-51-320. Part 3: Division 2 By-election Election 26. When a Member's office becomes vacant as the result of a recall petition, an election must be held to fill the vacancy in accordance with section 35 of the Constitution Act. 1994-56-26; 1995-51-321. Prohibition on multiple elections with respect to the same electoral district 27. Only one election for any electoral district may be held under this Act during the period between general elections. 1994-56-27. Application of Election Act 28. The Election Act applies to an election under this Act. 1994-56-28. 398 [RSBC 1996] Page 22 of 107 Quickscribe Services Ltd.
Part 4 Initiative Petition Financing Part 4: Division 1 Authorized Participants and Financial Agents Authorized participants must have financial agent 29. (1) The authorized participants for an initiative petition are the proponent of the petition, and the opponents of the petition, being the individuals and organizations for whom a financial agent has been designated under section 32. (2) An authorized participant may only accept initiative petition contributions and incur initiative petition expenses through the financial agent for the authorized participant. (3) The following are disqualified from acting as financial agent: an election official, a voter registration official or an individual who is otherwise a member of the staff of the chief electoral officer; an individual who does not have full capacity to enter into contracts; (c) an individual who is disqualified under section 53, 56, 79 or 82; (d) Financial agent for proponent an individual who, at any time within the previous 7 years, has been convicted of an offence under this Act or the Election Act. 1994-56-29; 1995-51-322. 30. (1) Within 60 days after the day on which notice of approval in principle for an application for an initiative petition is published in the Gazette, the proponent must deliver the following to the chief electoral officer: a statement as to whether or not the proponent is acting as his or her own financial agent; if the proponent is not acting as his or her own financial agent, a copy of the appointment and the consent and statement referred to in subsection (2) ; (c) an address to which notices under this Act may be delivered to the financial agent or the proponent, as referred to in section 166. (2) The appointment of a financial agent for a proponent must be made in writing and must include the name, mailing address and telephone number of the individual appointed and the effective date of the appointment, and be accompanied by (i) a signed consent of the individual appointed to act as financial agent, and (ii) a signed statement of the individual appointed that he or she is not disqualified from acting as a financial agent. (3) If there is any change in who is the financial agent for a proponent, the proponent must, as soon as possible, notify the chief electoral officer of this change and, for these purposes, must deliver notice in accordance with subsection (1) to (c). 1994-56-30; 1995-51-322. 398 [RSBC 1996] Page 23 of 107 Quickscribe Services Ltd.
Application to become an opponent of an initiative petition 31. (1) An individual or organization who wishes to be an opponent of an initiative petition must apply to the chief electoral officer in accordance with this section within 30 days after the day on which notice of approval in principle for the petition is published in the Gazette. (2) An application must include the name of an individual proposed as financial agent for the applicant, who may be the applicant, another applicant or someone who is not an applicant, and may be proposed as the financial agent for another applicant. (3) In addition to the name of the individual proposed as financial agent for the applicant, an application must include the following: the full name of the applicant and, in the case of an applicant organization that has a different usual name, this usual name; the full address and telephone number of the applicant and, if this is different, the address to which notices under this Act and other communications may be delivered to the applicant, as referred to in section 166; (c) in the case of an applicant organization, the names of the principal officers of the organization or, if there are no principal officers, of the principal members of the organization; (d) a statement that the applicant opposes the initiative; (e) a statement that the applicant is not disqualified from being an authorized participant. (4) An application must be signed, as applicable, by the individual applicant or, in the case of an applicant organization, by 2 principal officers of the organization or, if there are no principal officers, by 2 principal members of the organization. (5) The chief electoral officer may require applications to be in a specified form. (6) An application is not complete unless the individual who is proposed as financial agent files the following with the chief electoral officer before the end of the application period under subsection (1): his or her signed consent to act as financial agent if designated under section 32; (c) (d) Financial agents for opponents his or her name, mailing address and telephone number; an address to which, if the individual is designated, notices under this Act may be delivered to the financial agent or the opponents or opponent group for whom he or she is acting as financial agent, as referred to in section 166; a signed statement that he or she is not disqualified from acting as a financial agent. 1994-56-31; 1995-51-322. 32. (1) The chief electoral officer must designate financial agents for opponents in accordance with this section as soon as possible after the end of the application period under section 31 (1). (2) If one individual is proposed under section 31 as financial agent by 50% or more of the total number of applicants under that section, the chief electoral officer must designate that individual as financial agent for the applicants by whom he or she was proposed. (3) If 2 or more individuals proposed under section 31 as financial agent are each proposed by 20% or more of the total number of applicants under that section, the chief electoral officer must designate those individuals as financial agents for the applicants by whom they were 398 [RSBC 1996] Page 24 of 107 Quickscribe Services Ltd.