What is Initiative Advertising?
Definition
Initiative advertising is advertising used during a initiative petition period to promote or oppose, directly or indirectly, the initiative petition or draft Bill, or during an initiative vote period to promote or oppose, directly or indirectly, the initiative.
Organizations or individuals, other than authorized participants of the initiative petition or initiative vote who wish to sponsor initiative advertising are considered to be initiative advertising sponsors.
In contrast, conducting advertising on behalf of authorized participants of the initiative petition or initiative vote is not third party advertising but rather an initiative expense of authorized participant.
Initiative Advertising Sponsors must be Registered
Anyone who is not registered with Elections BC must not sponsor initiative advertising. Registration is free. See Initiative Advertising Sponsor - Application for Registration.
Initiative Advertising must indicate Sponsorship
Initiative advertising must not be conducted (or published) unless it identifies the name of the sponsor, indicates that the sponsor is registered under the Recall and Initiative Act and indicates that it was authorized by the sponsor. Also, the advertising must give a British Columbia mailing address or telephone number at which the sponsor may be contacted. For example:
Authorized by Jane Doe, registered sponsor, (604) 123-4567
Initiative Advertising Disclosure Reports are Required
Initiative advertising sponsors must file initiative advertising disclosure reports with the Chief Electoral Officer. For advertising conducted during an initiative petition period, the report must be filed within 28 days after the end of the initiative petition period. For advertising conducted during an initiative vote period, the report must be filed within 90 days after General Voting Day for the initiative vote. Download the reporting forms, Initiative - Forms.
Initiative Advertising Spending Limits
The Supreme Court of British Columbia has found that the $5,000 advertising expense limit under the Election Act is unconstitutional. The Chief Electoral Officer has subsequently been advised that the $5,000 third party advertising expense limit under the Recall and Initiative Act would likely be found unconstitutional and any prosecution would be untenable.
Therefore, although the provisions remain in the Recall and Initiative Act, the election advertising expense limit of $5,000 will not be enforced by the Chief Electoral Officer.
