"Point in Time" Act Content

ELECTION ACT
[RSBC 1996] CHAPTER 106

Section 1(1) definitions of "election advertising limit" and "opinion survey" BEFORE repealed by 2002-60-1 effective October 31, 2002 (Royal Assent).

"election advertising limit" means a limit under section 236 (2);

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

Section 1(1) definition of "volunteer" BEFORE amended by 2002-60-1 effective October 31, 2002 (Royal Assent).

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

Section 1 definition of "National Register of Electors information" was added by 2004-51-2 effective May 20, 2004 (Royal Assent).

Section 7(2) BEFORE amended by 2003-62-1(a) effective January 1, 2001 [retro from October 23, 2003 (Royal Assent)].

(2) Subject to subsections (3) and (4), the Public Service Pension Plan, continued under the Public Sector Pension Plans Act, applies to the chief electoral officer.

Section 7(4) BEFORE repealed by 2003-62-1(b) effective January 1, 2001 [retro from October 23, 2003 (Royal Assent)].

(4) Despite the accrual of 35 years of pensionable service, contributions to the Public Service Pension Plan must continue for each additional year of service up to 35 years of contributory service.

Section 13(1)(b) BEFORE amended by 2003-96-14(a) effective December 2, 2003 (Royal Assent).

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

Section 13(1)(c) BEFORE repealed by 2003-96-14(b) effective December 2, 2003 (Royal Assent).

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

Section 13(2) BEFORE amended by 2003-88-17 effective December 1, 2003 (BC Reg 443/03).

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

Section 16(2)(d) BEFORE repealed by 2003-96-15 effective December 2, 2003 (Royal Assent).

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

Section 22(3) BEFORE repealed by 2004-51-3 effective May 20, 2004 (Royal Assent).

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

Section 30(b) BEFORE repealed by 2003-37-11 effective May 29, 2003 (Royal Assent).

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

Section 32(5) and (6) were added by 2004-51-4 effective May 20, 2004 (Royal Assent).

Section 35(1) and 35(1)(f) BEFORE amended by 2004-51-5 effective May 20, 2004 (Royal Assent).

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

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

Section 39.1 was enacted by 2004-51-6 effective May 20, 2004 (Royal Assent).

Section 42 BEFORE re-enacted by 2003-96-16 effective December 2, 2003 (Royal Assent).

General and limited enumerations

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

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

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

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

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

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

Section 46(2)(d) BEFORE amended by 2003-96-17 effective December 2, 2003 (Royal Assent).

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

Section 46(2)(e) and (3) BEFORE amended by 2004-51-7 effective May 20, 2004 (Royal Assent).

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

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

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

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

Section 179(3) BEFORE amended by 2003-70-128 effective March 29, 2004 (BC Reg 64/04).

(3) In order to be appointed, an auditor must be qualified to be the auditor of a reporting company under the Company Act.

Section 180(5)(a) BEFORE amended by 2002-60-2 effective October 31, 2002 (Royal Assent).

(a) services provided by a volunteer, being an individual who

(i) voluntarily performs the services,

(ii) receives no compensation in relation to the services directly or indirectly from the organization or individual to whom the services are provided, or from another organization or individual to whom the provision of such services would otherwise be a political contribution,

(iii) receives no compensation in relation to the services directly or indirectly from an organization or individual other than his or her employer, and

(iv) receives no greater compensation from his or her employer than the compensation that the individual would normally receive during the period the services were performed;

Section 186(4) was added by 2002-60-3 effective October 31, 2002 (Royal Assent).

Section 215(2)(d)(iii) BEFORE amended by 2002-60-4 effective October 31, 2002 (Royal Assent).

(iii) exceeded the applicable election expenses limit or election advertising limit.

Section 228 definition of "election opinion survey" BEFORE repealed by 2002-60-5 effective October 31, 2002 (Royal Assent).

"election opinion survey" means an opinion survey respecting an election or a matter of public discussion in relation to the election, including an opinion survey respecting an issue discussed publicly in the election;

Section 229(1) BEFORE amended by 2002-60-6 effective October 31, 2002 (Royal Assent).

 (1) For the purposes of this Part, the sponsor of election advertising or an election opinion survey is whichever of the following is applicable:

(a) the individual or organization who pays for the election advertising or election opinion survey to be conducted;

(b) if the services of conducting the advertising or survey are provided without charge as a contribution, the individual or organization to whom the services are provided as a contribution;

(c) if the individual or organization that is the sponsor within the meaning of paragraph (a) or (b) is acting on behalf of another individual or organization, the other individual or organization.

Section 235 BEFORE repealed by 2002-60-7 effective October 31, 2002 (Royal Assent).

Requirements for publication of election opinion surveys

235 (1) During a campaign period, an individual or organization who first publishes in British Columbia the results of an election opinion survey must publish the following information with the results of the survey:

(a) the name of the sponsor of the survey;

(b) the name of the individual or organization who conducted the survey;

(c) the dates when the survey was conducted;

(d) to the extent that the information is applicable to the survey, the number of individuals contacted for the survey and the percentage of those who refused to take part in the survey;

(e) to the extent that the information is applicable to the survey, the margin of error for the survey;

(f) the exact wording of each question for which data are reported;

(g) for each question for which the margin of error is greater than that reported under paragraph (e), the margin of error for the question;

(h) a mailing address or telephone number, indicating it as the address or telephone number at which the sponsor can be contacted to obtain a written report regarding the survey in accordance with subsection (3).

(2) If the results of an election opinion survey are to be published without the authorization of the sponsor, at least 24 hours before first publication, the individual or organization who publishes the results must notify the sponsor so that the report required under subsection (3) can be prepared.

(3) From the time of the first publication of an election opinion survey until the end of the campaign period, whether the publication is done within British Columbia or outside British Columbia, the sponsor must provide on request a copy of a written report on the results of the survey, published as referred to in subsection (1), including the following information to the extent that it is applicable to the survey:

(a) the name and address of the sponsor of the survey;

(b) the name and address of the individual or organization who conducted the survey;

(c) the dates when the survey was conducted;

(d) the exact wording of each question for which data are reported;

(e) the method used to collect the information;

(f) the population from which the sample was drawn;

(g) the size of the initial sample and the number of individuals contacted for the survey;

(h) the number and percentage of individuals contacted who answered the survey;

(i) the number and percentage of individuals contacted who refused to take part in the survey;

(j) the method used to recalculate percentages when those who expressed no opinion or those who did not respond are omitted;

(k) the times of any interviews;

(l) the sampling method;

(m) the number of ineligible individuals contacted;

(n) any weighting factors or normalization procedures used;

(o) the margin of error for the survey.

(4) A fee may be charged for a report provided under subsection (3), but the fee

(a) must be based on the reasonable costs of reproducing the original report prepared for the purposes of that subsection, and

(b) as a limit on paragraph (a), must not be more than $25 or a higher amount established by regulation.

Division 2 of Part 11 BEFORE repealed by 2002-60-8 effective October 31, 2002 (Royal Assent).

Division 2 — Election Advertising Limits

Advertising limits

236 (1) A candidate, registered political party or registered constituency association may sponsor election advertising as an election expense, subject to the applicable election expenses limit.

(2) Other than election advertising referred to in subsection (1), an individual or organization must not sponsor election advertising during a campaign period

(a) such that the total value of that election advertising is greater than $5 000 or a higher amount established by regulation, or

(b) in combination with one or more individuals or organizations, or both, such that the total value of the election advertising sponsored by those individuals and organizations during that period is greater than $5 000 or a higher amount established by regulation.

(3) The limits under subsection (2) apply whether the campaign period is for a general election or a by-election.

(4) As an exception to subsection (2), the value of election advertising that is conducted by sending a document directly to the members, employees or shareholders of the sponsoring individual or organization is not to be included for the purposes of determining whether the individual or organization has complied with that subsection.

(5) An individual or organization must not conduct election advertising if, by this, the sponsor would contravene subsection (2).

Penalties for exceeding election advertising limit

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

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

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

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

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

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

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

Court order for relief from advertising limit

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

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

(3) Within 7 days after it is filed, the petition commencing an application must be served on the chief electoral officer.

(4) The sponsor and the chief electoral officer are parties to the application.

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

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

(b) refuse to grant relief.

Section 240(3)(b)(i) BEFORE amended by 2002-60-9 effective October 31, 2002 (Royal Assent).

(i) is not prohibited from being registered by section 237 or 247, and

Section 264(1)(f) and (g) BEFORE repealed by 2002-60-10 effective October 31, 2002 (Royal Assent).

(f) contravenes section 235 respecting publication of an election opinion survey;

(g) contravenes section 236 respecting an election advertising limit;

Section 275(5) and (6) BEFORE amended by 2003-12-30 effective April 1, 2003 (BC Reg 151/03).

(5) The Provincial Archivist may require that records under the control of the chief electoral officer, other than records required by this Act to be destroyed, be given into the custody of the archives after the end of the applicable retention period under this Act.

(6) For the purposes of subsection (5), the chief electoral officer must give notice to the Provincial Archivist before the end of each retention period.

Section 275(6.1) was added by 2003-12-30 effective April 1, 2003 (BC Reg 151/03).

Section 275(3.1) was added by 2004-51-8 effective May 20, 2004 (Royal Assent).

Section 278(1) BEFORE amended by 2002-60-11 effective October 31, 2002 (Royal Assent).

(1) In relation to a penalty under section 217 (1) (b), 218 (1) (b), 237 (1) (b) or 246, the chief electoral officer may issue and file with the Supreme Court a certificate specifying the name of the candidate or political party, as applicable, and the amount owed under that subsection by the candidate or political party.

Section 283(d) BEFORE repealed by 2002-60-12 effective October 31, 2002 (Royal Assent).

(d) prescribing classes of opinion surveys as excluded from the definition of "opinion survey";

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