Elections BC announced today that it is investigating the Kelowna Spirit Alliance for potential contraventions of the Local Elections Campaign Financing Act (LECFA) during the 2022 General Local Elections.
These investigations are related to one or more of the following potential contraventions:
· accepting prohibited contributions
· failing to deal with prohibited contributions in accordance with LECFA, or
· sponsoring election advertising without an authorization statement.
The investigations will determine whether contraventions have occurred or not and Elections BC will share the results of these investigations once they conclude. At this point no contraventions have been confirmed.
Campaign financing disclosure reports for the 2022 General Local Elections were due on January 13, 2023. After the filing deadline, Elections BC reviewed and audited the reports filed. The audit process concluded in September of 2023. Some filers were required to submit supplementary reports to correct information in the initial filings, or disclose additional information required by LECFA.
The investigations above were initiated by Elections BC based on review and audit findings and supplementary report filings. These investigations will proceed independently from one another and will conclude at different times. There are two possible outcomes once an investigation concludes. If potential contraventions are unsubstantiated, Elections BC will confirm that the elector organization is in compliance with LECFA. If potential contraventions are substantiated, the elector organization will be subject to enforcement action, which can include administrative monetary penalties.
The elector organization named has been cooperative with Elections BC throughout the compliance review, audit, and supplementary report filing processes.
These investigations have been posted on the Elections BC website at the link below.
· https://elections.bc.ca/events-services/investigations/local-elector-organization-investigations/
This list of administrative monetary penalties will be updated every Wednesday, as required:
· https://elections.bc.ca/events-services/investigations/administrative-monetary-penalties/
Each penalty listed on the Administrative Monetary Penalties page includes an attached enforcement notice. Enforcement notices provide full details about an investigation once it has concluded.
As these investigations are ongoing, Elections BC will not be providing any further comment or releasing any additional details at this time.
Background - Campaign contribution rules in local elections
· In local elections, only someone who is a resident of British Columbia and a Canadian citizen or permanent resident can make a campaign contribution.
· Organizations are prohibited from making campaign contributions.
· Campaign contributions from eligible individuals are limited annually. In 2022, the annual contribution limit was $1,250 per campaign.
· Contribution limits apply to an elector organization and its endorsed candidates. For example, in 2022, a contributor could not give more than $1,250 in total to an elector organization and all of its endorsed candidates.
· There are many requirements financial agents must follow when accepting campaign contributions. These include ensuring the contribution is from an eligible individual, ensuring that an eligible individual hasn’t contributed more than their annual limit, recording information about the contribution, such as its value and the date it was made, and depositing the contribution into a campaign account.
· If a financial agent becomes aware that a prohibited contribution was made, they must, within 30 days of becoming aware of the prohibited contribution:
o Return the campaign contribution to the contributor, or
o Remit the prohibited contribution to Elections BC
· Administrative monetary penalties apply for accepting prohibited contributions and for failing to deal with them in accordance with LECFA. Elections BC has the authority to levy penalties up to double the amount of the prohibited contribution, depending on the unique circumstances of each case.