REFORM OF THE BC ELECTIONS ACT (2006)

The Elections Act of British Columbia is very clear on advertising in the media on Election Day. Section 233 states that on voting day, an individual or organization must not conduct election advertising, be it in newspaper, magazine, or on radio or television.

Chamber members are concerned that this act did not appear to be enforced during the recent provincial election.

Section 264 (2) of the Act says that an individual or organization who contravenes Section 233 has committed an offense and is liable to a fine of not more than $5000, or imprisonment for a term not longer that one year, or both.

During the 2006 provincial election, Elections BC sent a letter to certain regional media organizations and to the Hospital Employees Union (HEU) stating that they believed that the HEU had contravened the Act. The Chambers concern is that Elections BC never asked for charges from the Attorney Generals Department. As a result this sends a unacceptable message to other organizations that there will be little or no, punishment for this violation of the law.

The conduct of free, fair, and transparent elections are a cornerstone of democracy and are essential to the legitimacy of government. Any infraction of electoral law that even carries the suggestion of an unfair or prejudicial use of public media must be seen to be unacceptable and to carry serious consequences.

THE CHAMBER RECOMMENDS

That the Provincial Government;

1. amend the Elections Act to include stiffer penalties to deter media and advertisers from breaking the law; and

2. ensure that any and all violations of Section 233 is punished to the full extent of the law