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Posted: April 1, 2014

Province changing local government election legislation

Community, Sport and Cultural Development Minister Coralee Oakes introduced legislation March 26 that is aimed at supporting greater transparency and accountability in local government elections.

Oakes tabled two bills to modernize local election campaign finance rules and introduce further changes to local elections. The new legislation responds to the majority of recommendations made by the joint B.C.-Union of British Columbia Municipalities (UBCM) Local Government Elections Task Force, notes a ministry press release.

The new Local Elections Campaign Financing Act (LECFA) makes significant reforms to campaign finance rules that, if passed, include:

* Requiring candidates to file campaign finance disclosure statements within 90 days, rather than 120, following an election.

* Ensuring candidate campaign disclosures are published online.

* Ensuring the sponsorship information is published on all election advertisements.

* Requiring third-party advertising sponsors to register and disclose their expenditures.

* Establishing a new compliance and enforcement role for Elections BC.

The Local Elections Statutes Amendment Act (LESAA) is a companion piece to the campaign finance legislation establishing how election participants will transition to the new campaign finance rules. The act also makes further changes to local elections by:

* Extending the terms of office for local elected officials from three to four years.

* Moving the general voting day from November to October, beginning in 2018.

In 2010, the joint B.C.-UBCM Local Government Elections Task Force made 31 recommendations to modernize local elections, including incorporation of local election campaign finance rules into one act.

The legislation will apply to elected officials in municipalities, regional districts, the Islands Trust, parks boards and school boards. If passed, the legislation will take effect for upcoming general local elections on Nov. 15.

The legislation follows an extensive consultation process with local governments and key stakeholders. In September 2013, a white paper was published outlining the proposed new campaign finance reforms.

Minister Coralee Oakes
Minister Coralee Oakes

During consultations, some stakeholders expressed opposition to a complete ban on anonymous contributions. Given this feedback, the current rules that permit modest anonymous contributions of $50 or less will be maintained. This requirement will also apply to third-party advertisers effective immediately.

Government also consulted local governments and key stakeholders about campaign expense limits, as part of a phased approach to local government elections reform. As part of this process, expense limits would be introduced in time for the next general local elections following 2014.

“British Columbians are fortunate to live in a strong democracy where citizens can participate in local elections freely and fairly. After much consultation with stakeholders, we are modernizing local government elections to maximize fairness, transparency and accountability. This is the most significant update to B.C.’s local elections process in 20 years,” Oakes stated.

UBCM president Rhona Martin
UBCM president Rhona Martin

“The legislation introduced today allows for the implementation of the majority of the recommendations delivered by the joint Task Force in 2010. Local governments supported all 31 of the initial recommendations aimed at improving the transparency and accountability of the local election process. Candidates in the November elections are looking for certainty for the rules that will govern the 2014 general local election, and await the decision of the Legislative Assembly,” added UBCM president Rhona Martin, an Electoral Area Director on the Columbia Shuswap Regional District.

Mayor Ute Juras
Mayor Ute Juras

Village of Canal Flats Mayor Ute Juras told e-KNOW she doesn’t believe the financial components of the proposed legislation will impact small town elected officials.

“Most of us do not spend a lot of money on campaigns,” she said.

However, Juras has a problem with the proposed four-year term over the current three-year term.

“It is hard enough in a small community to get people to commit already. An extra year may make a big difference in someone’s decision to run for office. Canal Flats has had by-elections during two terms due to time commitment issues.

As far as an October versus a November election, it may be a good thing as it will give the snowbirds an opportunity to vote,” she said.

However, other regional leaders support the four-year term.

Mayor Mary Giuliano
Mayor Mary Giuliano

“Four years sounds fine to me as I believe it provides the time needed to actually learn the job and make informed decisions to benefit the community you serve,” said City of Fernie Mayor Mary Giuliano.

“Third party disclosure sounds good as this will provide greater transparency; publishing candidate disclosures online sounds a little excessive, and having sponsorship information on all advertising will make the election more about the sponsors than the person running for office,” Giuliano said, adding, “I realize all of this is for transparency and I am all for transparency but during an election it should be about the candidate and what each represents and how he or she can serve their community, it shouldn’t become about who is sponsoring that person. Expense limits would make the playing field more equal and perhaps allow for greater participation in local municipal elections.

“Perhaps in smaller communities the process is simpler than in large centres as in the past there has been a great deal of accountability for anyone that chooses to run for public office. I do hope this new legislation actually does provide for greater transparency and accountability,” she said, concluding, “The changes are going to be very challenging to implement and also to fully comprehend about what is expected in regards to expense limits, contributions etc., with the short time span allotted before this coming election. Not insurmountable but definitely demanding.”

City of Cranbrook Mayor Wayne Stetski said he supports the proposed changes.

Mayor Wayne Stetski
Mayor Wayne Stetski

“Transparency is always a good thing, including increasing financial transparency. A four-year term saves taxpayer’s money – in a 12 year term you have three elections instead of four – in Cranbrook this will save taxpayers at least $30,000,” he noted, adding, “Longer terms also give elected officials additional time to deliver on their campaign commitments. It is amazing how quickly three years go by.”

Stetski echoed Juras, though, by wondering if the longer term will deter some people from running for office.

“I do hope the longer term doesn’t mean fewer people are willing to take on the challenge, as being in municipal government does take its toll on families and running a business. Four years is the standard term for MLAs, MPs and for municipal governments in most provinces in Canada,” he said.

Bumping municipal elections to October also makes sense, he said.

“Moving the election from November to October in 2018 is important for campaigns in the interior of B.C. If you’ve ever tried to pound campaign signs into the ground or stand on a street corner waving ‘Vote for me’ signs in early November in the Kootenays or northern B.C. you’ll know what I mean! An early winter storm in mid-November could literally wipe out an election. I am all for mid-October elections,” he exclaimed.

For more information, visit: www.localgovelectionreform.gov.bc.ca

To read the joint B.C. government-UBCM Local Government Elections Task Force report, visit: http://www.localelectionstaskforce.gov.bc.ca/

Ian Cobb/e-KNOW


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