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.

The financial agent for the candidate must open one or more campaign accounts at a savings institution before incurring an election expense.  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 must not accept campaign contributions or incur election expenses except throught the financial agent or a person authorized by the 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 (individual, corporation, 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.  If a candidate is given an anonymous campaign contribution that exceeds the limit of $50.00, the candidate must give the campaign contribution to the municipality.

If the contributor is a numbered corporation or an unincorporated organization, then the full names and address of at least two individuals who are either directors or principal officers should be recorded with the contribution.

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

All candidates 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 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.

A candidate who does not file their campaign financial disclosure statements by the stipulated deadline, or who files a false or incomplete statement, and who is not granted relief by the Supreme Court, 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.

If an elector believes that a candidate elected to office did not follow the campaign financing provisions and should be disqualified from holding office in a local government, the elector can, within 45 days of the elleged elections offence, either:

• Make an application to the Supreme Court with ten electors to have the member disqualified under Section 111(1)(a) of the Community Charter; or,
• Petition the Council to pass a resolution seeking a declaration of the Supreme Court to disqualify the member under Section 111(1)(b) of the Community Charter.