The registration of a constituency association will be suspended if:
During a period of suspension, an organization is prohibited from incurring election expenses, issuing income tax receipts, or making political contributions, including transferring money, goods or services to a candidate, political party or another constituency association. After the suspension ends, the organization must not issue any tax receipts for political contributions received by the organization while it was suspended.
Notice of suspension is given to the constituency association and its political party or independent MLA and published in the B.C. Gazette.
[Election Act, s. 154, 159, 167]
The Election Act defines a constituency association as an organization that is formed for an electoral district as the local organization of a registered political party (or one currently applying for registration), or a local organization formed to support an independent Member of the Legislative Assembly (MLA) for the electoral district.
Generally, only one constituency association for an electoral district can be registered for each registered political party or independent MLA. However, registered constituency associations may have multiple branches or clubs within an electoral district. The financial activities of the branches as well as any other organizations primarily controlled by the constituency association must be included in the financial reports of the registered constituency association.
A registered political party or independent MLA can have two registered constituency associations if an enactment has been made establishing new electoral districts, even if the new electoral districts do not come into force until a future time.
In such a case, a constituency association may be registered for an independent MLA in a future electoral district only if at least some part of the existing electoral district is the same as at least some part of the future electoral district. That is, there must be some overlap between the existing electoral district of the independent MLA and the future electoral district.
[Election Act, s. 157]
Registration brings many benefits. Registered constituency associations may:
Unregistered constituency associations are prohibited from doing any of these things.
[Election Act, s. 154]
Registered constituency associations assume certain obligations. Once registered, your organization is required to:
Failure to meet these obligations can result in suspension, deregistration or prosecution.
[Election Act, s. 159]
The Election Act specifies the information that must be contained in an application for registration. The application must be made on forms provided by Elections BC and be signed by two principal officers of the constituency association and either a principal officer for the political party or the independent MLA.
To register as a constituency association, an organization must:
Constituency associations of political parties can apply for registration at any time if the political party:
Registration application forms are available in the Registration forms and other resources section of this guide or on the Forms page of our website.
The following information must be included:
[Election Act, s. 157]
Except during an election period, after receiving an application, the Chief Electoral Officer has 30 days to determine if the constituency association meets the requirements for registration.
If the application for registration is approved, the Chief Electoral Officer will notify the constituency association of the date of registration and will assign the constituency association a registration number. This registration number must be included on all income tax receipts issued by the constituency association. The Chief Electoral Officer will also publish a notice of the constituency association’s registration in the B.C. Gazette.
If an organization applies for registration during an election, the application cannot be considered until after the election. If an election is called after a constituency association application for registration is filed with the Chief Electoral Officer, but before registration is complete, the Chief Electoral Officer has until 30 days after General Voting Day to determine if the constituency association meets the requirements for registration.
If an organization does not meet the constituency association registration requirements, the Chief Electoral Officer will provide the organization with a written explanation of the reasons why the organization could not be registered. The constituency association has 30 days from receiving this notice to amend its application for registration. If the organization does not meet the requirements within this 30 day period, the application ceases to be effective.
[Election Act, s. 158]
If any of the registration information changes, the constituency association must file a notice of the change within 60 days after the change occurs. A notice to update information must be made in writing and must be signed by two principal officers of the constituency association and by a principal officer of the political party or by the independent MLA, as applicable.
A principal officer of the constituency association (i.e., a table officer) is an individual identified as such in the documentation previously filed with the Chief Electoral Officer or identified in a notice to update registration information.
The Chief Electoral Officer may suspend the registration of a constituency association if the constituency association does not file the updated registration information within 60 days of the change occurring. The suspension of the constituency association continues until all required information has been filed. The Chief Electoral Officer will also publish a notice of the constituency association’s suspension in the B.C. Gazette.
The same forms used for registering a constituency association can be used to update the registration information. If unsure about which forms to submit, contact us.
[Election Act, s. 159, 161]
A constituency association’s application for registration is available for public inspection at Elections BC’s head office in Victoria. Financial account numbers are obscured for public inspection purposes.
Personal information is not included in these forms and the forms are not available for viewing online.
[Election Act, s. 162, 275]
A constituency association must appoint a financial agent. An appointment form is included in the registration form section of this guide.
A constituency association may only appoint one financial agent at a time; however, an individual can be a financial agent for more than one individual or organization. This means that the constituency association’s financial agent may also be the financial agent for the political party and/or its candidates.
The financial agent may appoint one or more deputy financial agents to assist in receiving of political contributions and issuing income tax receipts. If a financial agent is absent or incapable of filing reports, a deputy financial agent may file the required financing reports. The form to appoint deputy financial agents is optional, and available in the Registration forms and other resources section of this guide.
[Election Act, s. 157, 175, 176, 178]
To act as a financial agent, an individual must be capable of entering into contracts. While the Election Act does not specify any other qualifications, the selection of the financial agent requires careful consideration. The statutory obligations of the financial agent are significant and require certain skills. The individual must be capable of managing the organization’s finances in accordance with the Election Act.
The following individuals are disqualified from acting as financial agents:
[Election Act, s. 176]
The financial agent is the person responsible for ensuring compliance with Part 10 of the Election Act.
The financial agent’s responsibilities include, but are not limited to:
Financial agents are encouraged to review the Guide for Financial Agents Appointed Under the Election Act to ensure they understand the responsibilities of their role prior to their appointment.
[Election Act, s. 177]
The appointment of a financial agent must:
An appointment of financial agent form (475) is included in the Registration forms and other resources section of this guide.
If the appointment of a financial agent ends for any reason, the constituency association must appoint a new financial agent and file a new appointment form with Elections BC within 60 days.
If the financial agent resigns, they must notify Elections BC in writing. The outgoing financial agent is responsible for the reporting of the financial affairs that occurred during their term as financial agent.
[Election Act, s. 175, 176]
The constituency association must also appoint an auditor. An auditing firm, rather than an individual, may be appointed as the auditor.
An auditor can be appointed as the auditor for more than one organization or individual. For example, a political party could retain one firm to act as auditor for the party, as well as for all the political party’s constituency associations and candidates.
[Election Act, s. 157, 179]
An auditor must be authorized to be the auditor of a company under sections 205 and 206 of the Business Corporations Act. Generally this means the auditor is Chartered Professional Accountant (C.P.A.), or is a qualified auditing firm.
The following persons are disqualified from acting as an auditor:
[Election Act, s. 179]
The auditor is required to conduct an audit, in accordance with generally accepted auditing standards, of the constituency association’s annual or election financing reports if total political contributions are $10,000 or more.
An auditor’s report may also be required for certain deregistration financial reports which must be filed if the constituency association is deregistered.
The auditor must also file reports as requested by the Chief Electoral Officer. The Chief Electoral Officer has the authority to request an audit of any report filed by the constituency association.
The auditor must also make any additional reports they consider necessary if they have not received all the information and explanations required or if proper accounting records have not been kept by the financial agent.
Auditors are encouraged to confirm their licensing requirements and to review the Guide for Auditors to ensure they understand the responsibilities of their role prior to their appointment.
[Election Act, s. 170, 213, 214]
The appointment of an auditor must:
An appointment of auditor form (478) is included in the Registration forms and other resources section of this guide.
If the appointment of the auditor ends for any reason, the constituency association must appoint a new auditor and file a new appointment form with Elections BC within 60 days.
[Election Act, s. 179]
A constituency association can be deregistered for several reasons, both voluntarily and involuntarily. When a constituency association is deregistered, the Chief Electoral Officer must give notice of the deregistration, including the effective date, and reasons for deregistration, to the constituency association and the political party or independent MLA. Notice is also published in the B.C. Gazette.
A constituency association may only voluntarily request to deregister if the constituency association has filed the required annual and election financing reports under Part 10 of the Election Act.
Applications for voluntary deregistration must be made in writing and must be signed by two principal officers of the constituency association and a principal officer of the political party or the independent MLA, as applicable.
A political party or independent MLA can apply directly to the Chief Electoral Officer to deregister its constituency associations. The political party or independent MLA must notify the constituency association of its intention to deregister the constituency association. The request to deregister must be signed by two principal officers of the political party or the independent MLA, as applicable.
Voluntary deregistration of a political party results in the automatic deregistration of all the political party’s registered constituency associations.
[Election Act, s. 164]
Constituency associations can be deregistered by the Chief Electoral Officer if:
The Chief Electoral Officer gives advance warning of any contravention to the Election Act that may result in deregistration. For example, in the case of failing to file financing reports, the Chief Electoral Officer’s notice of non-compliance provides the constituency association and the political party or independent MLA with sufficient time to file the required reports or to seek court relief from the filing obligations before deregistration occurs.
[Election Act, s. 165, 166, 169, 223, 227]
A deregistered constituency association must file a financial report for the period from the date of the constituency association’s last annual financial report up to and including the last day the constituency association was registered. The report must be received by Elections BC within six months of deregistration.
The financial report must be audited, unless:
Deregistered constituency associations must transfer to the Chief Electoral Officer all funds not required to pay outstanding debts. Any such funds must be transferred within six months of deregistration.
If there are no remaining funds after the payment of debts, the constituency association must inform Elections BC in writing.
The deregistered constituency association is also required to file an audited financial report for the period from the date of deregistration to the date on which any remaining funds are transferred to the Chief Electoral Officer or on which the constituency association reports that there are no funds to be transferred.
Funds transferred to the Chief Electoral Officer are held in trust for three years from the date of deregistration. If the constituency association reregisters within three years, the funds, including accumulated interest, will be paid to the registered constituency association.
If the constituency association for a political party does not reregister within three years, the funds are paid to the registered political party, if the political party is still registered. Otherwise, the funds are paid to the Consolidated Revenue Fund.
An exception to the above is made when a constituency association is deregistered due to the disestablishment of electoral districts. In this case, at the discretion of the political party, any remaining funds of the deregistered constituency association, not required to pay outstanding debts, may be paid to a new registered constituency association or the political party.
Funds held in trust for the constituency association of an independent MLA will be paid to the financial agent if the individual runs as an independent candidate in a provincial election within the three year period. If the individual is not an independent candidate within this period, the funds are paid to the Consolidated Revenue Fund.
[Election Act, s. 170, 171, 173]
A constituency association that voluntarily deregisters or is deregistered at the request of its party or independent MLA, may apply for reregistration at any time provided its political party is registered or its independent MLA is still eligible to have a registered constituency association.
If the constituency association is deregistered because of a conviction for filing a false or misleading financial report, the constituency association cannot reregister for two years following the date on which the deregistration reports were filed and if applicable, any funds transferred.
In the case of involuntary deregistration for any other reason, the constituency association may apply for registration one year from the date on which the deregistration reports were filed and if applicable, any funds transferred.
To reregister, a constituency association must:
Additionally, the Chief Electoral Officer may request a report on the constituency association’s financial activities during the period of deregistration.
If your constituency association has been deregistered and you would like to reregister, please contact us for assistance.
[Election Act, s. 174]
The registration of a constituency association will be suspended if:
During a period of suspension, an organization is prohibited from incurring election expenses, issuing income tax receipts, or making political contributions, including transferring money, goods or services to a candidate, political party or another constituency association. After the suspension ends, the organization must not issue any tax receipts for political contributions received by the organization while it was suspended.
Notice of suspension is given to the constituency association and its political party or independent MLA and published in the B.C. Gazette.
[Election Act, s. 154, 159, 167]
Prior to submitting a registration application, constituency associations must be able to meet the following self-screening checklist:
In order to be considered, all new constituency association registration applications submitted to Elections BC must include the following forms:
Submit completed registration forms to:
Email: electoral.finance@elections.bc.ca
Fax: 250-387-3578
Toll-free fax: 1-866-466-0665
Mail: PO Box 9275, Stn Prov Govt, Victoria, BC, V8W 9J6
Once registered, constituency associations are required to ensure their registration information is kept current with Elections BC. Failure to maintain current registration may result in suspension of the constituency association.
All registration updates must be made in writing, and be authorized by two principal officers of the constituency association and either a principal officer of the political party or the independent MLA, as application using the Authorization forms (484 and 482). Elections BC recommends constituency associations use the same registration forms to identify where changes have occurred, and when updating registration information, and only submit the following forms where the information needs to be updated:
The Statement of Assets and Liabilities (486) does not need to be resubmitted when updating registration information.
Submit completed registration forms to:
Email: electoral.finance@elections.bc.ca
Fax: 250-387-3578
Toll-free fax: 1-866-466-0665
Mail: PO Box 9275, Stn Prov Govt, Victoria, BC, V8W 9J6
Toll-Free: 1-800-661-8683
TTY: 1-888-456-5448
electionsbc@elections.bc.ca
Toll-Free Fax: 1-866-466-0665s
