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 Member's Bill

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Fifth Session, Fortieth Parliament64 Elizabeth II, 2016

Legislative Assembly of British Columbia_________________________________________________________________________________

BILL M 211

ELECTION FINANCE AMENDMENT ACT, 2016

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Ms. Vicki Huntington_________________________________________________________________________________

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Explanatory Note

This Act amends the Election Act  and the Local Elections Campaign Financing Act byrestricting political contributions to donations made by individual residents of BritishColumbia. It also introduces contribution limits of $1,500 for both provincial and

municipal elections. It reduces the perception of a conflict of interest or preferentialtreatment by candidates or political parties toward large financial supporters by settingdonation limits and eliminating corporate, union, and out-of-province donations.

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MS. VICKI HUNTINGTON

BILL M 211 – 2016

ELECTION FINANCE AMENDMENT ACT, 2016

HER MAJESTY, by and with the advice and consent of the Legislative Assembly of theProvince of British Columbia, enacts as follows:

 Election Act

1 Section 182 of the Election Act, R.S.B.C. 1996, c. 106, is amended in subsection (2) (a) by striking out “a political contribution” and substituting “prohibited”

 2 Section 186 is amended in subsections (1) and (2) by striking out “individual ororganization” and substituting “individual” 

 3 By adding the following section:

Ineligible contributors

186.1 (1) No person or entity other than an individual who is a resident of BritishColumbia in accordance with section 32 of this Act shall make a politicalcontribution as defined in section 180 of this Act.

 4 By adding the following section:

Limits on contributions

187.1 (1) No individual shall make contributions that exceed:

(a) $1,500 in total in any calendar year to a particular registered political party;

(b) $1,500 in total in any calendar year to the registered constituency associations,nomination contestants and candidates of a particular registered political party;

(c) $1,500 in total in any calendar year to a candidate who is not the candidate of aregistered political party, or to a registered constituency association of an independentmember of the Legislative Assembly.

(d) $1,500 in total to the leadership contestants in a particular leadership contest.

(2) The following contributions shall not be taken into account in calculatingcontributions for the purposes of subsection (1):

(a) contributions that do not exceed $1,500 in total by a nomination contestant orcandidate of a registered party out of his or her own funds to his or her own campaignas a nomination contestant or candidate;

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(b) contributions that do not exceed $1,500 in total by a candidate for a particularelection who is not the candidate of a registered party out of his or her own funds tohis or her own campaign; and

(c) contributions that do not exceed $1,500 in total by a leadership contestant in a particular leadership contest out of his or her own funds to his or her own campaign.

(3) For the purposes of this Act, contributions made to a leadership contestant within18 months after a leadership contest are deemed to be contributions for that contest.

 5 Section 190 is amended:

(a) in subsection (1) by repealing items (d) and (e); and

(b) by repealing subsection (2).

 Income Tax Act

6 Section 20 of the Income Tax Act, R.S.B.C. 1996, c. 215, is amended by repealing subsection (4).

 Local Elections Campaign Financing Act

7 The Local Elections Campaign Financing Act, S.B.C. 2014, c. 18, is amended by

 repealing Section 26 and substituting the following:

Restrictions on making campaign conributions

26  (1) An individual must not do any of the following:

(a) make a campaign contribution to a candidate or elector organization other than bymaking it to the financial agent or an individual authorized in writing by the financialagent to receive such contributions;

(b) make contributions that exceed $1,500 in a calendar year to an electororganization or candidate;

(c) make an anonymous campaign contribution that has a value of more than $50;

(d) make a number of anonymous campaign contributions to the same candidate inrelation to one or more election campaigns of the candidate for elections that are being held at the same time if, in total, the campaign contributions would be equal invalue to more than $50;

(e) make a number of anonymous campaign contributions to the same electororganization in relation to one or more election campaigns of the elector organizationfor elections that are being held at the same time if, in total, the campaigncontributions would be equal in value to more than $50;

(f) make a campaign contribution, other than an anonymous campaign contributionthat is permitted under this Act, without disclosing to the individual receiving thecampaign contribution the information required to be recorded undersection 29 [campaign contribution information that must be recorded];

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(g) make a campaign contribution with money, non-monetary property or services ofanother individual or organization;

(h) make a campaign contribution indirectly by giving money, non-monetary propertyor services to an individual

(i) for the individual to make as a campaign contribution, or

(ii) as consideration for that individual making a campaign contribution.

(2) Except as permitted by regulation, an elector organization must not make a campaigncontribution of money to its own campaign or to the campaign of a candidate who is or isintended to be endorsed by the elector organization.

(3) Only individuals who are residents of British Columbia as defined under section 26.1 may make campaign contributions.

(4) For greater certainty, contributor classes (b) to (g) are prohibited from makingcampaign contributions.

(5) An individual or organization that contravenes this section commits an offence.

8 By adding the following section:

Rules for determining where an individual is resident

26.1 (1) The following rules apply to determine for the purposes of this Act the placewhere an individual is resident:

(a) an individual is a resident of the place where the individual lives and to which,whenever absent, the individual intends to return;

(b) an individual may be the resident of only one place at a time for the purposes of

this Act;

(c) an individual does not change the place where the individual is a resident until theindividual has a new place where the individual is a resident;

(d) an individual does not cease being a resident of a place by leaving the place fortemporary purposes only.

(2) Without limiting subsection (1) (d), a temporary purpose within the meaning of thatsubsection includes being absent from British Columbia

(a) while the individual is engaged in the service of the government of BritishColumbia or Canada,

(b) as the spouse of an individual referred to in paragraph (a), or

(c) as an individual who is in a child-parent relationship with an individual referred toin paragraph (a) or (b) and who is accompanying that individual for this reason.

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(3) As an exception to subsection (1), if for the purposes of attending an educationalinstitution an individual establishes a new place where the individual is a resident that isaway from the usual place where the individual is a resident, the individual may choosefor the purposes of this Act either the usual place or the new place as the place where theindividual is a resident.

(4) As an exception to subsection (1), an individual who is imprisoned in a penalinstitution is not by that imprisonment a resident of the place where the penal institutionis located, but instead is deemed for the purposes of this Act to be a resident ofwhichever of the following the individual chooses:

(a) the place where the individual was a resident before being imprisoned;

(b) the place where a spouse, parent or dependant of the individual is a resident withinthe meaning of subsection (1).

(5) Temporary residential quarters are considered to be an individual's place of residence

only if the individual has no other place that the individual considers to be his or herresidence.

(6) For the purposes of this Act, an individual who has no dwelling place may consider ashelter, hostel or similar institution that provides food, lodging or other social services to be his or her residence.

 9 The schedule is amended by repealing subsection (a) of the definition for “contributor

 class” and substituting the following:

(a) individuals who are residents of British Columbia as defined under section 26.1;

Commencement

10 (1) Sections 4, 6 and 7 of this Act come into force on January 1, 2017.

(2) All other sections come into force on Royal Assent.