Section 1(1) definition of "advertising limit" BEFORE amended by 2002-60-13(a) effective October 31, 2002 (Royal Assent).
"advertising limit" means a limit under section 93 (2) or 140 (2), as applicable;
Section 1(1) definition of "recall opinion survey" BEFORE repealed by 2002-60-13(b) effective October 31, 2002 (Royal Assent).
"recall opinion survey" means a recall opinion survey within the meaning of section 134;
Section 121(1) BEFORE amended by 2002-60-15 effective October 31, 2002 (Royal Assent).
(1) Subject to section 140, an individual or organization other than an authorized participant must not incur a recall expense.
Section 134 BEFORE re-enacted by 2002-60-16 effective October 31, 2002 (Royal Assent).
Recall advertising and opinion surveys
134 (1) For the purposes of this Act, recall advertising is advertising used during a recall petition period to promote or oppose, directly or indirectly, the recall of the Member who is the subject of the petition.
(2) For the purposes of this Act, a recall opinion survey is an opinion survey respecting the recall of a Member, including an opinion survey in respect of a matter publicly discussed in relation to the recall of the Member.
Section 135(1) BEFORE amended by 2002-60-17 effective October 31, 2002 (Royal Assent).
(1) For the purposes of this Part, the sponsor of recall advertising or a recall opinion survey is whichever of the following is applicable:
(a) the individual or organization who pays for the recall advertising or recall 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 who 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Section 139 BEFORE repealed by 2002-60-18 effective October 31, 2002 (Royal Assent).
Requirements for publication of recall opinion surveys
139 (1) During a recall petition period, an individual or organization who first publishes in British Columbia the results of a recall opinion survey must publish the information referred to in section 92 (1) with the results of the survey.
(2) If the results of a recall 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 a recall opinion survey until the end of the recall petition 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 information referred to in section 92 (3).
(4) A fee in accordance with section 92 (4) may be charged for a report provided under subsection (3) of this section.
Division 2 of Part 8 BEFORE repealed by 2002-60-19 effective October 31, 2002 (Royal Assent).
Division 2 — Recall Advertising Limits
Advertising limits
140 (1) An authorized participant for a recall petition may incur recall advertising as a recall expense, subject to the applicable expenses limit.
(2) Other than recall advertising referred to in subsection (1), an individual or organization must not sponsor recall advertising during a recall petition period
(a) such that the total value of that recall 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 recall advertising sponsored by those individuals and organizations during that period is greater than $5 000 or a higher amount established by regulation.
(3) As an exception to subsection (2), the value of recall 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.
(4) An individual or organization must not conduct recall advertising if, by this, the sponsor would contravene subsection (2).
Penalties for exceeding recall advertising limit
141 (1) Unless relief is granted by a court under section 142, if a sponsor exceeds a recall advertising limit, the sponsor
(a) is deregistered as a sponsor under Division 3 of this Part, and
(b) must pay to the chief electoral officer a penalty of 10 times the amount by which the value of the recall 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 separately 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 142 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 142, the court refuses to grant relief from the penalty, at the time of that determination.
Court order for relief from advertising limit
142 (1) A sponsor may apply to the Supreme Court in accordance with this section for relief from section 141.
(2) An application may be made only within 58 days after the end of the recall petition period in relation to which the 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 161(1)(f) and (g) BEFORE amended by 2002-60-20 effective October 31, 2002 (Royal Assent).
(f) contravenes section 92 respecting the publication of an initiative opinion survey or section 139 respecting the publication of a recall opinion survey;
(g) contravenes section 93 or 140 respecting an advertising limit;
Section 168(7) BEFORE amended by 2003-12-35 effective April 1, 2003 (BC Reg 151/03).
(7) The Provincial Archivist may require that records under the control of the chief electoral officer be given into the custody of the archives after the end of the applicable retention period under this Act and, for these purposes, the chief electoral officer must give notice to the Provincial Archivist before the end of each such period.