On November 27, the third session of the 40th parliament of the British Columbia Legislative Assembly adjourned for the year. The Legislature did not pass Bill M202, the Election Finance Amendment Act. It would have restricted political contributions to donations made by individual residents of the province and eliminated corporate, union, and out-of-province donations.

Photo of the main block of the British Columbia Parliament Buildings by Ryan Bushby on Wikimedia Commons.

Two campaign finance bills affecting local elections in British Columbia were passed last week by the Legislative Assembly.

On May 1, Bill No. 20, the Local Elections Campaign Financing Act, and Bill No. 21, Local Elections Statutes Amendment Act, 2014, were passed after the third readings. The new laws will require, among other changes, third party advertising sponsors to register with Election B.C., report expenditures and contributions of $50 or more, and clearly identify themselves in any election advertisement.

The legislation will become effective after royal assent.

Photo of the British Columbia Legislative Assembly building courtesy of KirinX on Wikimedia Commons.

On August 21, 2013, the British Columbia Ministry of Community, Sport and Cultural Development announced the province will be making changes to the rules regarding local government elections starting in 2014. The rules apply to candidates, elector organizations, and third party advertisers in elections held for municipalities, regional districts, parks boards, the Islands Trust, and boards of education.

According to the press release, this new set of laws include requiring disclosure and registration by third-party advertisers, requiring sponsorship information be displayed on all election advertising, requiring all campaign finance disclosure statements to be filed 90 days after the election, and banning anonymous contributions. Additional changes will allow Elections BC to play a greater role in the enforcement of campaign finance rules in local elections.

The changes are based upon the recommendations of the joint Provincial and Union of BC Municipalities Local Government Elections Task Force.

In September a white paper outlining the government’s intention will be released. Public comment on the white paper will be open until October 23. Once consolidated, the rules for the November 2014 local elections will be introduced as a new campaign finance act in the spring of 2014.

Consultation with key stakeholders will begin in November to consider further legislative changes for the 2017 elections.

Coralee Oakes, Minister of Community, Sport and Cultural Development, states in the press release, “These changes are about enhancing transparency and accountability.”

A court in British Columbia has ruled the province cannot restrict election spending in the 60 days leading up to an official election call.

In British Columbia Teachers’ Federation v. British Columbia (Attorney General), the British Columbia Court of Appeal panel upheld a lower court ruling finding portions of Election Act sections 235.1 and 228 are unconstitutional, and are of no force and effect insofar as they relate to the pre-campaign period as defined in the Act. Therefore, the court affirmed the British Columbia Attorney General cannot restrict election spending in the pre-campaign period 60 days before the election period begins.

Election advertising preceding a 28-day campaign period is considered a “pre-campaign” period. In the decision Justice Catherine Anne Ryan wrote, “[R]estricting third-party advertising during the pre-campaign period would unjustifiably interfere with third parties’ issue advocacy, lobbying activity, and other advertising endeavours unrelated to the election.”