The Financial Agent

A candidate must appoint one individual as a financial agent.  If one is not appointed, the candidate is deemed to be his or her own financial agent. An elector organization must appoint one individual as financial agent.  A campaign organizer must appoint one individual as financial agent.  If a campaign organizer is one individual and doesn’t appoint a financial agent he or she is deemed to be his or her own financial agent.

All financial agents must open one or more campaign accounts at a savings institution before incurring an election expense or as soon as practicable after receiving a campaign contribution of money, whichever occurs first.  This account must be used exclusively for the purposes of the election campaign.  The financial agent must ensure that all campaign contributions are deposited into the account and that all payments for election expenses are drawn from the account.

A candidate, elector organization or campaign organizer must not accept campaign contributions or incur election expenses except though their financial agent or a person authorized by their financial agent. 

Within 120 days after general voting day, the financial agent must file a disclosure statement.  This is required even if a candidate: did not receive any campaign contributions; incurred no election expenses; is acclaimed, dies, withdraws from the election; or is declared by the court to no longer be a candidate.

Campaign Contributions

Upon receipt of a campaign contribution the financial agent must record the following:

• The value of the contribution;
• The date on which the contribution was made;
• The full name and address of the contributor, unless it is an anonymous contribution*; and,
• The class of the contributor (individuals, corporations, unincorporated organizations engaged in business or commercial activity, trade unions, non-profit organizations, other contributors).

* The Local Government Act restricts anonymous donations in excess of $50.00, or a number of anonymous donations that, in total, equal in value to more than $50.00.  If a candidate is given an anonymous campaign contribution(s) that exceeds the limit of $50.00, the candidate must give the campaign contribution to the municipality.

Restrictions on making campaign contributions are outlined in Section 87 of the Local Government Act.

All candidates, campaign organizers (subject to section 85.01(3) of the Local Government Act), and elector organizations are required by legislation to disclose campaign contributions (in cash and in kind) and election expenses.  There is no prescribed financial limit on contributions or expenses.  This rule is based on the principle that the electors of British Columbia have the right to an open and fair elections process.  Electors have the right to know who is funding which candidate, and how much each candidate is spending.

Contravening the Provisions for Campaign Financing

If a person is found guilty of contravening the provisions related to campaign financing (for example, a candidate accepts anonymous contribution(s) over $50.00 or if a financial agent files a false declaration), he or she could be liable to one or more of the following:

• A fine of not more than $5,000.00;
• Imprisonment for a term not longer than one year;
• A prohibition from holding an elected office for a period not longer than six years; or
• A prohibition from voting for a period not long than six years.

If a financial agent does not file the campaign financial disclosure statement by stipulated deadline, or files a statement known to be false or incomplete by the candidate, elector organization or campaign organizer, and relief is not granted by the Supreme Court, a candidate is disqualified from holding office and from being nominated for or elected to a local government office until after the next general local government election; an elector organization or campaign organizer is disqualified from endorsing a candidate and is prohibited from accepting campaign contributions or incurring election expenses in relation to future elections, until after the next general local election.

If electors believe that a candidate elected to office did not follow the campaign financing provisions and should be disqualified from holding office in a local government, 10 or more electors can, within 45 days of the alleged basis of disqualification coming to their attention, either:

• Make an application to the Supreme Court to declare the member disqualified under Section 111(1)(a) of the Community Charter; or,
• Petition the Council to pass a resolution to apply for a declaration of the Supreme Court to disqualify the member under Section 111(1)(b) of the Community Charter.