1993 Legislative Session: 2nd Session, 35th Parliament
THIRD READING
The following electronic version is for informational purposes only.
The printed version remains the official version.
Certified correct as passed Third Reading on the 29th day of July,
1993
Ian D. Izard, Law Clerk.
HONOURABLE ROBIN BLENCOE
MINISTER OF MUNICIPAL AFFAIRS,
RECREATION AND HOUSING
HER MAJESTY, by and with the advice and consent of the Legislative Assembly of the Province of British Columbia, enacts as follows:
PART 1 -- MUNICIPAL ACT AMENDMENTS
1 Section 1 of the Municipal Act, R.S.B.C. 1979, c. 290, is amended
(a) by striking out the definition of "elector" and substituting the following:
"elector" means a resident elector or a property elector of a municipality or regional district electoral area; ,
(b) by adding the following definitions:
"general local election" means the elections referred to in section 37;
"local government" means,
(a) in relation to a municipality, the council, and
(b) in relation to a regional district, the board;
"property elector" means, in relation to a municipality or regional district electoral area, a person who, at the relevant time, meets the qualifications under section 52 in relation to the jurisdiction; ,
(c) by repealing the definition of "presiding officer", and
(d) by adding the following definition:
"resident elector" means, in relation to a municipality or regional district electoral area, a person who, at the relevant time, meets the qualifications under section 51 in relation to the jurisdiction; .
2 Section 2 is repealed and the following substituted:
2 (1) Unless otherwise provided, section 25 of the Interpretation Act applies to the calculation of time under this Act.
(2) If Mountain Standard Time or Mountain Daylight Time is customarily used in a municipality or regional district, that time applies for the purposes of this Act.
3 Sections 6 to 9 are repealed and the following substituted:
6 (1) The minister shall not recommend incorporation of a new municipality to the Lieutenant Governor in Council unless a vote of the persons proposed to be incorporated has been taken under this section.
(2) The minister may, in the following circumstances, direct that a vote be taken of persons within an area specified by the minister respecting the proposed incorporation of those persons into a new municipality:
(a) on the request of the council of a municipality all or part of which is within the area;
(b) on the request of the board of trustees of an improvement district all or part of which is within the area;
(c) on the request of 2 or more residents of any part of the area that is not within a municipality;
(d) on the minister's own initiative, if the minister is of the opinion that those persons should, in the public interest,
(i) be incorporated into a new municipality, or
(ii) either be incorporated into a new municipality or included within an existing municipality.
(3) A vote under this section must determine the opinion of the eligible voters
(a) as to whether they favour the proposed new incorporation, or
(b) as to
(i) whether they favour a change in local government for the area, either by the proposed new incorporation or by inclusion within a specified existing municipality, and
(ii) if a change in local government were made, whether they would favour the proposed new incorporation or inclusion within a specified existing municipality.
(4) A vote under subsection (3) (b) must be by 2 questions as follows:
(a) the first question must ask whether the voter favours a change in local government for the area, either by the proposed new incorporation or by inclusion within a specified existing municipality;
(b) the second question must ask whether the voter favours, if a change in local government were made, the proposed new incorporation or inclusion within the specified existing municipality.
(5) As an exception to the requirement that the question to be voted on be in a form that a voter may indicate assent or dissent, a question under subsection (4) (b) must be in a form that a voter may indicate a preference.
(6) As a limit on the authority of the minister under this section, a vote under this section must not be held within a local community under section 817 until 5 years after the later of the following:
(a) the date that the local community was established;
(b) the date that the latest vote under this section was taken in the local community.
7 (1) Part 3 applies to a vote under this Part so far as reasonably possible and, for these purposes, the minister may make orders in relation to any matters dealt with in that Part.
(2) The costs of a vote under this Part must be paid as follows:
(a) if a new municipality is incorporated under section 8 following the vote, the costs of the vote are to be paid by the new municipality;
(b) if a new municipality is not incorporated and the vote was requested under section 6 (2) (a) by an existing municipality, the costs of the vote are to be paid by that municipality;
(c) in other cases, the costs of the vote are to be paid by the Minister of Finance and Corporate Relations out of the consolidated revenue fund.
8 (1) The minister may recommend incorporation of a new municipality to the Lieutenant Governor in Council if,
(a) in the case of an area for which a vote was taken under section 6 (3) (a), more than 50% of the votes counted as valid favour the proposed incorporation, or
(b) in the case of an area for which a vote was taken under section 6 (3) (b),
(i) more than 50% of the votes counted as valid favour a change in local government, and
(ii) more than 50% of the votes counted as valid favour the proposed incorporation if a change in local government were made.
(2) On the recommendation of the minister under subsection (1), the Lieutenant Governor in Council may, by letters patent, incorporate the residents of an area into a new municipality.
(3) If an existing municipality or improvement district is situated within a new municipality incorporated under subsection (2), the Lieutenant Governor in Council shall dissolve the existing municipality or improvement district by repealing its letters patent.
9 (1) The Lieutenant Governor in Council may, by letters patent, incorporate the residents of a rural area into a municipality without holding a vote under this Part if the Lieutenant Governor in Council is of the opinion that it is in the public interest to establish the municipality in conjunction with the development of a natural resource.
(2) Letters patent under this section may
(a) include exceptions from statutory provisions,
(b) specify the effective period or time for an exception, and
(c) provide for restriction, modification or cancellation by the Lieutenant Governor in Council of an exception or its effective period.
(3) For a municipality incorporated under this section, on the recommendation of the minister, the Lieutenant Governor in Council may, by supplementary letters patent, provide for further exceptions and conditions.
(4) Until the first council is elected or 5 years from the date of incorporation, whichever is later, section 297 applies to a municipality incorporated under this section as if the municipality were a village.
(5) The council of a municipality incorporated under this section may provide housing for employees of the municipality and may incur liabilities for it on terms and conditions approved by the inspector, but an obligation incurred for this purpose must not have a term of more than 5 years.
(6) If a municipality is or has been established under this section, the Surveyor General shall,
(a) as soon as practicable, establish sufficient coordinate control monuments to enable the area, or a portion of it, to be constituted an integrated survey area under the Land Survey Act, and
(b) on completion of the required survey, constitute the area or portion as an integrated survey area under the Land Survey Act.
(7) After the survey required by subsection (6), the municipality is responsible for the protection and maintenance of the coordinate control monuments.
4 Section 10 is amended by adding the following subsection:
(4) Letters patent under this section may
(a) include exceptions from statutory provisions,
(b) specify the effective period or time for an exception, and
(c) provide for restriction, modification or cancellation by the Lieutenant Governor in Council of an exception or its effective period.
5 Section 13 is repealed and the following substituted:
13 (1) Letters patent incorporating a municipality must specify the municipality's name, boundaries, area and class.
(2) Letters patent incorporating a municipality may do one or more of the following:
(a) set the general voting day for the first election or authorize another person to do this;
(b) appoint the chief election officer for the first election or authorize another person or body to do this;
(c) set the terms of office for first council members if these are to be different from the terms otherwise established by this Act;
(d) provide that the day, time and place of the council's first meeting is to be set by the chief election officer for the first election;
(e) set the sum of money which may be borrowed for the municipalityconsidered expedient, for the next year;
(f) set dates which may be observed initially, and once only, in place of statutory dates;
(g) provide for the transfer to the municipality of any asset, right, claim, obligation or liability of a municipality dissolved on the incorporation of the new municipality;
(h) provide that the bylaws of a municipality dissolved on the incorporation of the new municipality continue in force in the area that is within the boundaries of the dissolved municipality until amended or repealed by the council of the new municipality;
(i) provide that, for the purpose of preparing, completing, returning, confirming and authenticating the assessment roll of land and improvements within the municipality, the land and improvements are deemed, for a specified period before or following incorporation, or both, to be included within or excluded from the municipality;
(j) deal with other matters and conditions, including the appointment of an interim council, considered necessary or advisable by the Lieutenant Governor in Council.
6 Section 16 is repealed.
7 Sections 21 and 22 are repealed and the following substituted:
21 (1) A council may, by bylaw, submit to the electors the question of changing its municipal status from a city, town, district, village or improvement district, as is the case, to another class of municipality.
(2) If the electors assent to a change of status, the council may request the Lieutenant Governor in Council to repeal the letters patent for the municipality and reincorporate the municipality as a city, town, district, village or improvement district, as the case may be.
(3) If it appears to the minister that a change of municipal status is desirable in the public interest, the minister may recommend a change to the Lieutenant Governor in Council without a vote under subsection (1) being conducted.
(4) The minister must mail a copy of a recommendation under subsection (3) to the council of the municipality and the Lieutenant Governor in Council must not act under subsection (5) until 6 months after the date of mailing.
(5) In response to a request under subsection (2) or a recommendation under subsection (3), the Lieutenant Governor in Council may repeal the letters patent of the municipality and issue others in their place reincorporating the municipality as requested or recommended.
(6) The status of a municipality must not be changed under this section to a class other than that into which the municipality could be incorporated under section 20.
(7) Letters patent issued under this section reincorporating a municipality may include directions on any of the matters referred to in sections 13 and 14 and such other matters as the Lieutenant Governor in Council considers appropriate.
(8) If the Lieutenant Governor in Council is satisfied that, since the last census, the population of a municipality has changed sufficiently to allow a change of status, the Lieutenant Governor in Council may declare what the population of the municipality is deemed to be for the purposes of determining its status for reincorporation.
(9) For the purposes of this section, an improvement district is deemed to be a municipality of which the trustees are the council.
22 (1) On the recommendation of the minister, the Lieutenant Governor in Council may, by supplementary letters patent, extend the area of a municipality to include land not in a municipality.
(2) The Lieutenant Governor in Council may specify in the supplementary letters patent that, for the purpose of preparing, completing, returning, confirming and authenticating the assessment roll of land and improvements within the extended municipality, the land and improvements included by the extension are deemed, for a specified period before or after the extension, or both, to be included within or excluded from the municipality.
(3) Before making a recommendation referred to in subsection (1), the minister must
(a) notify the council of the proposed recommendation, or
(b) have received from the council a request for the extension.
(4) In either case referred to in subsection (3), the council must give public notice of the extension in at least 2 consecutive issues of a newspaper circulating in the municipality and once in the Gazette.
(5) The council
(a) may submit the question of the proposed extension to the electors of the municipality for assent, and
(b) must submit the question of the proposed extension to the electors of the municipality for assent if at least 10% of those electors so request within 30 days of the last publication of the notice under subsection (4).
(6) The minister may direct that a vote on the question of including an area in a municipality under this section be taken in that area in the form specified by the minister and, for these purposes, section 7 applies.
8 Sections 26 to 28 are repealed and the following substituted:
26 (1) On the request of the council made in accordance with this section, the Lieutenant Governor in Council may, by supplementary letters patent, reduce the area of a municipality.
(2) Before making a request for reduction, a council must
(a) give public notice of its proposed request in at least 2 consecutive issues of a newspaper circulating in the municipality and once in the Gazette,
(b) obtain the consent in writing of at least 60% of the electors of the area proposed to be excluded, and
(c) receive the assent of the electors, unless this requirement is waived under subsection (4).
(3) A request for reduction must include the following:
(a) a description of the area proposed to be excluded;
(b) a description of the municipality's new boundaries;
(c) a reasonable estimate of the number of electors in the area to be excluded;
(d) a statement indicating that the required public notice has been given and an affidavit of the clerk attesting to that publication;
(e) the name, address, signature of consent and date of signature of at least 60% of the electors of the area proposed to be excluded;
(f) an affidavit of the clerk or assessor attesting to the number of electors entitled to sign under paragraph (e);
(g) an affidavit of one or more persons attesting to the authenticity of the electors' signatures under paragraph (e);
(h) the result of the vote required by subsection (2) (c), unless this requirement is waived under subsection (4);
(i) the assessed value for municipal purposes of the taxable land and improvements in the proposed reduced municipality;
(j) evidence satisfactory to the Lieutenant Governor in Council that all creditors of the municipality consent to the proposed reduction or that provision has been made to discharge the debt owing to the creditors whose consent is not obtained;
(k) a statement under oath by the mayor, jointly with the treasurer and clerk, showing the existing liabilities of the municipality and any other information the Lieutenant Governor in Council may require;
(l) other matters that the Lieutenant Governor in Council may prescribe by regulation.
(4) The minister may waive the requirements of subsections (2) (c) and (3) (h).
(5) The Lieutenant Governor in Council may, by supplementary letters patent, reduce the area of a municipality without a request from the council if the area excluded is included in a municipality incorporated under section 10.
(6) When an area is excluded from a municipality under this section, the excluded area becomes a rural area.
9 Section 29 (2) and (3) is repealed and the following substituted:
(2) Section 22 applies to the municipality whose area is extended and section 26 applies to the municipality whose area is reduced.
10 Parts 2 and 3 are repealed and the following substituted:
PART 2 -- ELECTORS AND ELECTIONS
Division (1) - Interpretation
35 In this Part "additional advance voting opportunity" means a voting opportunity under section 98;
"additional general voting opportunity" means a voting opportunity under section 96;
"advance voting opportunity" means a required advance voting opportunity or an additional advance voting opportunity;
"candidate representative" means an official agent or a scrutineer appointed under section 81;
"chief election officer" means the election official appointed under section 42 (1);
"election" means an election for the number of persons required to fill a local government office;
"election official" means a person appointed under section 42;
"election proceedings" means nomination, voting or counting proceedings under this Part;
"elector organization" means an organization that endorses a candidate under section 79;
"financial agent" means a financial agent under section 85 of a candidate or elector organization within the meaning of Division (8);
"general voting" means voting proceedings at required general voting opportunities and additional general voting opportunities and, if applicable, those proceedings as adjourned under section 48;
"general voting day" means the day referred to in section 37 (2) or set under section 38 (5), 39 (1) or (3) or 142 (5);
"judicial recount" means a judicial recount under Division (14);
"jurisdiction" means, in relation to an election, the municipality or regional district electoral area for which it is held;
"local government offices" means the municipal hall or the offices where the regular office of the regional district secretary is located, as applicable;
"neighbourhood constituency" means a neighbourhood constituency established under section 209;
"nomination documents" means the documents required by section 72 (1) and (2);
"nomination period" means the period referred to in section 69 or, if applicable, as extended by an adjournment under section 48;
"presiding election official" means, in relation to election proceedings, the chief election officer or the election official appointed under section 42 (3) (a) to act as presiding election official for those proceedings;
"required advance voting opportunity" means a voting opportunity under section 97;
"required general voting opportunity" means a voting opportunity on general voting day at a voting place under section 95;
"solemn declaration" means a declaration on oath or by solemn affirmation in accordance with section 46;
"special voting opportunity" means a voting opportunity under section 99;
"voting compartment" means an area described in section 113 (3);
"voting day" means the general voting day for an election, a day on which an advance voting opportunity for the election is offered or a day on which a special voting opportunity for the election is offered;
"voting hours" means the time during which voting is permitted on a voting day;
"voting opportunity" means an opportunity referred to in section 94 for some or all electors of a jurisdiction to vote in an election for the jurisdiction;
"voting place" means a place where voting proceedings at general voting or an advance voting opportunity are conducted.
36 Section 25 (3) of the Interpretation Act, extending a time period if the time for doing an act falls on a day when a business office is not open during regular business hours, does not apply to a voting day.
Division (2) - Arrangements for Elections
37 (1) Elections for the mayor and all councillors of each municipality and elections for the electoral area directors of each regional district, to be known collectively as a general local election, must be held in the year 1993 and in every 3rd year after that.
(2) General voting day for a general local election must be the 3rd Saturday of November in the year of the election.
38 (1) Except as permitted under subsections (2) and (3), an election must be held to fill a vacancy in an elected local government office that occurs in any of the following circumstances:
(a) a person elected or appointed to the office under this Part dies before taking office or the person holding the office dies;
(b) the person holding the office resigns under section 213;
(c) the office is declared vacant on an application under section 143, or a candidate affected by such an application renounces claim to the office under subsection (9) of that section;
(d) the office becomes vacant under section 212;
(e) the office is declared vacant on an application under section 213.1;
(f) the office becomes vacant by a resolution under section 213.2 or is declared vacant on an application under subsection (4) of that section.
(2) As an exception to subsection (1) in relation to a vacancy on any local government, the local government may decide that an election is not to be held if the vacancy occurs after July 1 in the year of a general local election that will fill the office.
(3) As an exception to subsection (1) in relation to a vacancy on a municipal council, the council may decide that an election is not to be held if all the following circumstances apply:
(a) the vacancy occurs after January 1 in the year of a general local election that will fill the office;
(b) the vacancy is not in an office elected on the basis of a neighbourhood constituency;
(c) the number of remaining council members is at least one greater than the quorum for the council.
(4) As soon as reasonably possible after a vacancy occurs for which an election under this section is to be held, the local government must appoint a chief election officer for the election.
(5) The chief election officer must set a general voting day for the election, which must be on a Saturday no later than 80 days after the date the chief election officer was appointed.
(6) If the number of members of a local government is reduced to less than a quorum, the minister may either
(a) order that the remaining members of the local government constitute a quorum until persons are elected and take office to fill the vacancies, or
(b) appoint qualified persons to fill the vacancies until persons are elected and take office to fill them.
(7) A person elected under this section holds office until the applicable time referred to in section 210 (1) (b) or (2) (b).
39 (1) If an election is not held or a vacant office is not otherwise filled as required by or under this Act, the minister may
(a) set a general voting day for the election, appoint a chief election officer and otherwise arrange for the election to be conducted, or
(b) order the municipal clerk or regional district secretary, as applicable, to arrange for the election to be conducted.
(2) If considered necessary in relation to an election under subsection (1), the minister may make orders to provide for the conduct of the election and for the governing of the municipality or regional district until the candidates elected in that election take office, including orders that provide for exceptions to provisions of this Act and regulations or bylaws under this Act.
(3) The general voting day for an election under this section must be on a Saturday set by the minister or by the chief election officer in accordance with the directions of the minister.
40 (1) Unless otherwise provided, in order for a bylaw under this Part or under section 579 (3) to apply in relation to a general local election, the bylaw must be adopted at least 8 weeks before the first day of the nomination period of the general local election.
(2) Unless otherwise provided, in order for a bylaw referred to in subsection (1) to apply in relation to an election under section 38, the bylaw must be adopted at least 6 weeks before the first day of the nomination period for the election.
41 (1) The costs of an election, including the costs of registration of electors for the election, are the responsibility of the municipality or regional district for which the election is held unless otherwise agreed under this section.
(2) A local government may enter into an agreement with another local government, the council of the City of Vancouver or a board of school trustees under which one party to the agreement conducts an election for the other or in conjunction with an election of the other and, in relation to this, the agreement may provide for the sharing of costs of the elections.
(3) A local government that is a party to an agreement under subsection (2) may, by bylaw, provide that the bylaws of the other party respecting elections apply to elections conducted under the agreement.
42 (1) For the purposes of conducting an election, the local government must appoint a chief election officer and a deputy chief election officer.
(2) The chief election officer must appoint election officials required for the administration and conduct of the election.
(3) Without limiting the generality of subsection (2), the chief election officer must appoint the following:
(a) presiding election officials for election proceedings where the chief election officer is not acting as presiding election official;
(b) election officials to act as alternate presiding election officials for election proceedings;
(c) election officials required to assist the presiding election official at election proceedings.
(4) The chief election officer may delegate the authority under subsection (3) (c) to the presiding election official for the election proceedings.
(5) The chief election officer may appoint peace officers as election officials to assist presiding election officials in fulfilling their duty to maintain peace and order at the election proceedings for which they are responsible.
(6) If an election official is absent or unable to act, a person appointed under this section as deputy or alternate for the official must perform the duties and has the powers of the official.
(7) A candidate, candidate representative or financial agent may not be appointed as an election official.
(8) Before assuming duties, an election official must make a solemn declaration that the person
(a) will faithfully and impartially fulfill the duties of the position to which the election official is appointed,
(b) has not received and will not accept any inducement to perform the duties of the position otherwise than impartially and in accordance with this Act or to otherwise subvert the election,
(c) will preserve the secrecy of the ballot in accordance with section 113, and
(d) is not and will not become a candidate, candidate representative or financial agent while holding the position of an election official.
43 (1) In addition to all other duties established by this Part, the chief election officer must do the following:
(a) ensure that a sufficient number of ballots are prepared for an election by voting;
(b) ensure that each voting place is supplied with sufficient numbers of ballots, ballot boxes and voting books and has an area that may be used as a voting compartment;
(c) take all reasonable precautions to ensure that a person does not vote more than once in an election;
(d) do all other things necessary for the conduct of an election in accordance with this Part and any regulations and bylaws under this Part.
(2) In addition to all other powers given by this Part, the chief election officer may do one or more of the following:
(a) exercise any power conferred on a presiding election official in relation to the election proceedings for which the presiding election official is responsible;
(b) take solemn declarations where these are required by this Part;
(c) as an exception to the restrictions on where an elector may vote when municipal voting divisions are established, authorize an election official to vote at the voting place at which the official is working;
(d) delegate the chief election officer's duties and powers to other election officials, subject to any restrictions or conditions specified by the chief election officer;
(e) apply to the minister for an order under section 155.
44 (1) In addition to other responsibilities established by this Part, a presiding election official for election proceedings must
(a) ensure, so far as possible, that this Part and regulations and bylaws under it are being complied with, and
(b) take all reasonable precautions to keep the ballots and ballot boxes secure from persons not entitled to have access to them.
(2) In addition to other powers conferred by this Part, a presiding election official may
(a) take solemn declarations where these are required by this Part in relation to the election proceedings for which the presiding election official is responsible, and
(b) if section 153 (4) (c) or (d) is being contravened, enter on the property where the materials that are the subject of the contravention are located and remove or cover them or otherwise obscure them from view, or authorize another person to do so.
Division (3) - Election Proceedings Generally
45 (1) If this Part requires notice to be given in accordance with this section, the notice must, if possible, be given within the applicable time period by publication in a newspaper.
(2) If publication under subsection (1) is not possible, the notice must be given to the public by alternative means within the same time period.
(3) Notices to which this section applies may be combined as long as the requirements of all applicable sections are met.
46 (1) Where this Part requires a solemn declaration to be made, the declaration must be
(a) made on oath or by solemn affirmation,
(b) made before a commissioner for taking affidavits for British Columbia or a person authorized by this Part to take the oath or solemn affirmation, and
(c) signed by the person making the oath or solemn affirmation and by the person before whom it is made.
(2) If a regulation under section 156 applies, the declaration must be made in a form prescribed by the regulation.
47 (1) A presiding election official must maintain peace and order so far as reasonably possible at the election proceedings for which the presiding election official is responsible.
(2) For the purposes of this section, the presiding election official may do one or more of the following:
(a) restrict or regulate the number of persons admitted at any time to the place where the proceedings are being conducted;
(b) order a person to leave the place where the proceedings are being conducted if the circumstances referred to in subsection (3) (a) to (d) occur;
(c) order the removal of a person ordered to leave if that person does not comply;
(d) require the assistance of peace officers or of persons present at the place where the proceedings are being conducted.
(3) The presiding election official may require a person to provide identification and the person must comply with that requirement if, in the opinion of the presiding election official, that person
(a) is present at a place when not permitted to be present by this Act or by a regulation or bylaw under this Act,
(b) is disturbing the peace and order of the proceedings,
(c) is interfering with the conduct of the proceedings, or
(d) is contravening any provision of this Part or of a regulation or bylaw under this Part.
(4) A person ordered to leave under subsection (2) (b) must leave the place and the immediate vicinity of the place at which the election proceedings are being conducted and must not return while these election proceedings are being conducted unless permitted to do so by the presiding election official.
(5) The authority under subsection (2) must not be used to prevent an elector otherwise entitled to vote at the place from exercising the right to vote.
48 (1) Election proceedings may be adjourned by the presiding election official in accordance with this section if the presiding election official considers that the health or safety of persons is at risk, or that the integrity of the proceedings is at risk.
(2) Election proceedings may be adjourned
(a) temporarily to another time on the same day or another time on the same day at another place specified by the presiding election official, or
(b) to a day, time and place to be set by the chief election officer.
(3) The presiding election official must notify the chief election officer as soon as possible of any adjournment and must follow any directions the chief election officer considers appropriate in the circumstances.
(4) While proceedings are adjourned, the presiding election official must make all reasonable efforts to ensure that the election materials are secured and that the integrity of the election is not compromised.
(5) The presiding election official must give notice to persons affected by an adjournment as directed by the chief election officer or, in the absence of direction, in any manner the official considers appropriate.
(6) Proceedings that are recommenced after an adjournment must continue for such a period that the total time for the proceedings is the same regardless of the adjournment.
(7) If voting proceedings are adjourned, the counting of the vote must not be started until the close of voting at the adjourned proceedings.
49 (1) The provisions of this section are exceptions for allowing persons to exercise their rights under this Part in circumstances where they would otherwise be unable to do so.
(2) If a person is required by this Part to sign a document and is unable to do so, the presiding election official or an election official authorized by the presiding election official may either sign on behalf of the person or have the person make his or her mark and witness that mark.
(3) If a person is required by this Part to make a solemn declaration or to provide information to an election official and requires the assistance of a translator to do this, the presiding election official must permit another person to act as translator so long as that person first makes a solemn declaration that he or she is able to make the translation and will do so to the best of his or her abilities.
(4) The obligation to provide a translator rests with the person who is required to make the solemn declaration or provide the information and, if that person does not provide a translator, that person must be considered to have refused to make the solemn declaration or provide the information.
Division (4) - Electors
50 (1) In order to vote at an election for a jurisdiction, a person
(a) must meet the requirements of section 51 (1) (a) to (e) or 52 (1) (a) to (f) at the time of voting,
(b) must not be disqualified by this Act or any other enactment from voting in the election or be otherwise disqualified by law, and
(c) must be registered as an elector of the jurisdiction.
(2) The following persons are disqualified from voting at an election:
(a) a person who has not completed the sentence for an indictable offence, unless the person is released on probation or parole and is not in custody;
(b) a person who is involuntarily confined to a psychiatric or other institution as a result of being acquitted of or found not criminally responsible for an offence under the Criminal Code on account of mental disorder;
(c) a person who is prohibited from voting
(i) under Division (17) as it applies to elections or voting on any other matter under this or any other Act, or
(ii) under Division (17) of Part I of the Vancouver Charter as it applies to elections or voting on any other matter under that or any other Act.
(3) For clarification, no corporation is entitled to be registered as an elector or have a representative registered as an elector and no corporation is entitled to vote.
(4) A person must not vote at an election unless entitled to do so.
51 (1) In order to be registered as a resident elector of a jurisdiction, a person must meet all the following requirements on the day of registration:
(a) the person must be an individual who is, or who will be on the general voting day for the jurisdiction, age 18 or older;
(b) the person must be a Canadian citizen;
(c) the person must have been a resident of British Columbia, as determined in accordance with section 53, for at least 6 months immediately before that day;
(d) the person must have been a resident of the jurisdiction, as determined in accordance with section 53, for at least 30 days immediately before that day;
(e) the person must not be disqualified by this Act or any other enactment from voting in an election or be otherwise disqualified by law.
(2) If a municipality is incorporated or the boundaries of a jurisdiction are extended, a person is deemed to have satisfied the requirement of subsection (1) (d) if, for at least 30 days before the person applies for registration as an elector, the person has been a resident, as determined in accordance with section 53, of the area that becomes the municipality or is included in the jurisdiction.
52 (1) In order to be registered as a property elector of a jurisdiction, a person must meet all the following requirements on the day of registration:
(a) the person must not be entitled to register as a resident elector of the jurisdiction;
(b) the person must be an individual who is, or who will be on the general voting day for the jurisdiction, age 18 or older;
(c) the person must be a Canadian citizen;
(d) the person must have been a resident of British Columbia, as determined in accordance with section 53, for at least 6 months immediately before that day;
(e) the person must have been a registered owner of real property in the jurisdiction for at least 30 days immediately before that day;
(f) the person must not be disqualified by this Act or any other enactment from voting in an election or be otherwise disqualified by law.
(2) A person may only register as a property elector in relation to one parcel of real property in a jurisdiction.
(3) If a municipality is incorporated or the boundaries of a jurisdiction are extended, a person is deemed to have satisfied the requirement of subsection (1) (e) if, for at least 30 days before the person applies for registration as a property elector, the person has been a registered owner of property within the area that becomes the municipality or is included in the jurisdiction.
(4) For the purposes of this section, the registered owner of real property means whichever of the following is applicable:
(a) the owner of a registered estate in fee simple of the property, unless another person holds an interest in the property referred to in paragraphs (b) to (d);
(b) the holder of the last registered agreement for sale, unless another person holds an interest in the property referred to in paragraph (c) or (d);
(c) the tenant for life under a registered life interest in the property, unless another person holds an interest in the property referred to in paragraph (d);
(d) the holder of a registered lease of the property for a term of at least 99 years.
(5) If there is more than one individual who is the registered owner of real property, either as joint tenants or tenants in common, only one of those individuals may register as a property elector under this section in relation to the real property.
(6) If the land title registration of the real property in relation to which a person is registering under this section indicates that there is more than one individual who is the registered owner of the real property, the person registering must do so with the written consent of the number of those individuals who, together with the person registering, are a majority of those individuals.
(7) A registered owner who has consented to the registration of another registered owner of the property may withdraw the consent by delivering a written withdrawal to the municipal clerk or regional district secretary, as applicable.
(8) Once a withdrawal of consent has been delivered in accordance with subsection (7), the person registered as the property elector in relation to the property ceases to be entitled to be registered and vote as such if the number of individuals referred to in subsection (6) falls below a majority of the registered owners, with this effective
(a) for the next election, in the case of a withdrawal delivered at least 52 days before general voting day for the election, and
(b) following the next election, in the case of a withdrawal delivered less than 52 days before general voting day for the election.
53 (1) The following rules apply to determine the area in which a person is a resident:
(a) a person is a resident of the area where the person lives and to which, whenever absent, the person intends to return;
(b) a person may be the resident of only one area at a time for the purposes of this Part;
(c) a person does not change the area in which the person is a resident until the person has a new area in which the person is a resident;
(d) a person does not cease being a resident of an area by leaving the area for temporary purposes only.
(2) As an exception to subsection (1), if a person establishes for the purposes of attending an educational institution a new area in which the person is a resident that is away from the usual area in which the person is a resident, the person may choose for the purposes of this Part either the usual area or the new area as the area in which the person is a resident.
54 (1) A person may register as an elector
(a) at the time of voting in accordance with section 58, or
(b) by advance registration in accordance with section 57, if this is available.
(2) If a bylaw under section 60 is in effect for a jurisdiction, a person entitled to register as a resident elector of the jurisdiction may effectively register as such by registering as a voter under the Election Act in sufficient time to have the person's name appear on the Provincial list of voters that becomes, under the bylaw, the register of resident electors for the jurisdiction.
55 (1) A local government may, by bylaw, limit registration of electors to registration at the time of voting.
(2) A bylaw under subsection (1) for a municipality with a population greater than 5 000 must be approved by the minister.
56 (1) An application for registration as an elector must include the following information:
(a) in the case of registration as a resident elector,
(i) the full name of the applicant,
(ii) the residential address of the applicant, and the mailing address if this is different, and
(iii) either the birth date or social insurance number of the applicant;
(b) in the case of registration as a property elector,
(i) the full name of the applicant,
(ii) the address or legal description of the real property in relation to which the person is registering and the mailing address of the applicant, and
(iii) either the birth date or the social insurance number of the applicant;
(c) a declaration that the applicant meets the requirements of section 50 (1) (a) and (b) to be registered as an elector;
(d) any other information required by regulation under section 156 to be included.
(2) An application must be signed by the applicant and by a witness to the signature of the applicant and must include the residential address of the witness if this is not a person authorized by the chief election officer or by the municipal clerk or regional district secretary, as applicable.
(3) For the purpose of subsection (1), an address of an applicant that indicates the area in which the applicant is resident within the meaning of section 53 is sufficient if, in the opinion of the person authorized to receive the application, it indicates the location for the purpose of determining whether the applicant is resident in the jurisdiction.
(4) In the case of an application for registration as a property elector, the application must be accompanied by
(a) proof satisfactory to the person receiving the application that the applicant is entitled to register in relation to the real property referred to in subsection (1) (b), and
(b) if applicable, the written consent from the other registered owners of the real property required by section 52 (6).
57 (1) If advance registration is available for a jurisdiction except during the closed period under subsection (4), a person may register as an elector by delivering an application and accompanying documents in accordance with section 56
(a) at the local government offices during its regular office hours,
(b) at a special registration opportunity under subsection (6), or
(c) at other times and places authorized by the municipal clerk or regional district secretary, as applicable.
(2) If no bylaw under section 55 applies, advance registration must be available in accordance with this section.
(3) If advance registration is required, it must be available to both resident electors and property electors unless deemed registration of resident electors under section 60 is in effect.
(4) Advance registration closes 53 days before general voting day and does not reopen until the Monday after the close of general voting, subject to any extension of this closed period in relation to an election under section 142.
(5) At least 6 but not more than 30 days before the start of the closed period under subsection (4), the municipal clerk or regional district secretary, as applicable, must give public notice of the closed period in accordance with section 45.
(6) For the purpose of encouraging persons to register as electors,
(a) a local government may direct its clerk or secretary to arrange an enumeration of the municipality or regional district, and
(b) the clerk or secretary may arrange other special opportunities for persons to apply to register as electors.
(7) The clerk or secretary must ensure that application forms are available from the local government offices during its regular office hours at any time when advance registration as an elector is permitted.
58 (1) A person may register as an elector immediately before voting by
(a) delivering an application form in accordance with section 56 to the election official responsible at the place where the person is voting or providing to that official the information required under that section in the manner established by the chief election officer, and
(b) in the case of a person applying to register as a property elector, delivering a certificate under section 59 to the election official responsible at the place where the person is voting.
(2) The election official responsible for receiving application forms under subsection (1) is the presiding election official or another election official designated by the presiding election official.
59 (1) In order to obtain a certificate to register as a property elector under section 58, a person must apply for the certificate at least 14 days before general voting day.
(2) The application must be made at the local government offices, to the municipal clerk or regional district secretary, as applicable, or to another local government official authorized by the clerk or secretary.
(3) The local government official must issue a certificate if the person proposing to register provides
(a) proof satisfactory to the official that the person applying will be entitled to register in relation to that real property at the time the person votes, and
(b) if applicable, the written consent from the other registered owners of the real property required by section 52 (6).
(4) A certificate under this section must
(a) state the name of the person entitled to register as a property elector under the certificate,
(b) identify the real property in relation to which the person is entitled to register, and
(c) be signed by the issuing official.
(5) The clerk or secretary must maintain a record of all certificates issued under this section.
60 (1) Instead of maintaining an ongoing register of resident electors, a local government may, by bylaw, provide that the most current available Provincial list of voters prepared under the Election Act is to be the register of resident electors.
(2) A bylaw under subsection (1) must require that the Provincial list of voters becomes the register of resident electors no later than 52 days before general voting day for any election to which the bylaw applies.
(3) If a bylaw under subsection (1) applies,
(a) any previous register of resident electors of the jurisdiction is cancelled, effective at the time the Provincial list of voters becomes the register,
(b) a person who, on the basis of the Provincial list of voters, appears to meet the qualifications to be registered as a resident elector of the jurisdiction is deemed to be registered as such an elector, and
(c) the local government may have, but is not required to have, advance registration under section 57 for resident electors.
61 (1) Unless a bylaw under section 55 applies or all or the applicable part of the register of electors is cancelled, a person registered as an elector continues to be an elector of the jurisdiction as long as the person meets the requirements for registration.
(2) If a bylaw under section 55 applies, registration as an elector is effective only for the elections for which the voting is being conducted at that time.
62 (1) Subject to section 60, a register of electors of a jurisdiction must be maintained if advance registration is available in the jurisdiction.
(2) The municipal clerk or regional district secretary, as applicable, is the official responsible for maintaining the register of electors.
(3) The register of electors must separately record resident electors and property electors of each jurisdiction and, for each elector, must record the name of the elector and the address or addresses of the elector required to be included on an application under section 56.
(4) For the purposes of maintaining the register of electors, the clerk or secretary
(a) must add to the register persons who have registered in accordance with section 57 or 58,
(b) may add to the register persons who meet the requirements of section 51 (1) to be registered as resident electors of the jurisdiction, as evidenced by a current Provincial list of voters under the Election Act,
(c) may add to the register persons who meet the requirements of section 51 (1) to be registered as resident electors of the jurisdiction, as evidenced by registration under section 161,
(d) despite section 61 (2), for a new register established after a bylaw under section 55 ceases to be in force, may add to the register
(i) persons whose names were included in the previous register, and
(ii) persons who registered for elections conducted in the jurisdiction while the bylaw was in force,
(e) if all or part of a register is cancelled under subsection (7) or section 60, may add to the new register persons whose names were included in the cancelled register,
(f) on evidence satisfactory to that official, may delete from the register the names of persons who have died or who are no longer qualified as electors, and
(g) on evidence satisfactory to that official, may amend the register to show correctly the information to be included in the register.
(5) A person whose name is added to the register under subsection (4) (b), (c), (d) or (e) is deemed to have registered as an elector, as recorded in the register, and section 61 (1) applies to the registration.
(6) The clerk or secretary may authorize a person to assist in that official's duties under this section and may authorize the person to exercise the official's powers under this section.
(7) The local government or the minister may order the cancellation of an existing register of electors, or a portion of it, and direct the preparation of a new register.
63 (1) If a register of electors is required under section 62, the municipal clerk or regional district secretary, as applicable, must prepare a list of registered electors of each jurisdiction to be used for the purposes of administering an election.
(2) The list of registered electors must give the names and addresses of all persons included on the register of electors at the time the list is prepared and must indicate whether a person is a resident elector or a property elector.
(3) From the 46th day before general voting day until the close of general voting, a copy of the list of registered electors as it stands at the beginning of that period must be available for public inspection at the local government offices during its regular office hours.
(4) Before inspecting the list of registered electors, a person other than a local government officer or employee acting in the course of duties must sign a statement that the person will not inspect the list or use the information included in the list except for the purposes of this Part.
(5) The municipal clerk or regional district secretary, as applicable, must ensure that the statements referred to in subsection (4) are kept until after general voting day for the next general local election.
(6) At least 6 but not more than 30 days before the first day the list of registered electors must be available under subsection (3), notice must be given in accordance with section 45
(a) that a copy of the list of registered electors will be available for public inspection at the local government offices during its regular office hours from the date specified in the notice until the close of general voting for the election, and
(b) that an objection to the registration of a person as an elector may be made in accordance with section 64 before 4 p.m. on the 36th day before general voting day.
(7) The list of registered electors must be updated to reflect the changes to the register of electors made after any objections under section 64 have been dealt with.
(8) Each person who has been nominated in accordance with section 73 is entitled, for use by the person for the purposes of the election, to one copy of the list of registered electors without charge and, on payment to the jurisdiction of the reasonable costs of reproduction, to other copies as requested by the person.
64 (1) The registration of a person whose name appears on the list of registered electors under section 63 (3) may be objected to in accordance with this section.
(2) An objection must be received by the municipal clerk or regional district secretary, as applicable, or a person designated for this purpose by that official, before 4 p.m. on the 36th day before general voting day.
(3) An objection may only be made by a person entitled to be registered as an elector of the jurisdiction for which the registration is questioned.
(4) An objection may only be made on the basis
(a) that the person whose name appears has died, or
(b) that, at the time of the objection, the person is not qualified to be registered as an elector of the jurisdiction.
(5) An objection must be made in writing, signed by the person making it and include the following:
(a) the name and address, as shown in the list of registered electors, of the person against whose registration the objection is made;
(b) the basis of the objection, including a statement of the facts that the objector believes support this;
(c) the name and address of the person making the objection.
(6) On receiving an objection, the clerk or secretary must make a reasonable effort to notify the person against whom the objection is made of
(a) the objection,
(b) the name of the person who made the objection, and
(c) the basis on which the objection is made.
65 (1) An objection under section 64 on the basis of death must be resolved by the municipal clerk or regional district secretary in accordance with the following:
(a) that official must have a search made of the records under the Vital Statistics Act;
(b) if a record of death is found and that official is satisfied that it applies to the person whose registration is being objected to, that official must remove the person's name from the register of electors;
(c) if a record of death is not found and that official is unable to contact the person, the official must proceed in accordance with subsection (2) (c) and (d).
(2) An objection on the basis that a person is not entitled to be registered as an elector must be resolved by the clerk or secretary in accordance with the following:
(a) if, after receiving notice of the objection, the person provides proof satisfactory to that official of the person's entitlement to be registered or makes a solemn declaration as to that entitlement, the person's name is to stay on the register of electors;
(b) if, after receiving notice of the objection, the person does not provide proof of entitlement or make a solemn declaration as to entitlement, that official must remove the person's name from the register of electors;
(c) if that official is unable to contact the person, that official must require the person who made the objection to provide proof satisfactory to that official of the basis of the objection and, if this is done, must remove the name from the register of electors;
(d) if the person who made the objection does not provide satisfactory proof as required by paragraph (c), the name is to stay on the register of electors.
Division (5) - Qualifications for Office
66 (1) A person is qualified to be nominated for office, and to be elected to and hold office, as a member of a local government if at the relevant time the person meets all the following requirements:
(a) the person must be an individual who is, or who will be on general voting day for the election, age 18 or older;
(b) the person must be a Canadian citizen;
(c) the person must have been a resident of British Columbia, as determined in accordance with section 53, for at least 6 months immediately before the relevant time;
(d) the person must not be disqualified by this Act or any other enactment from voting in an election in British Columbia or from being nominated for, being elected to or holding the office, or be otherwise disqualified by law.
(2) Without limiting subsection (1) (d), the following persons are disqualified from being nominated for, being elected to or holding office as a member of a local government:
(a) a person who is a judge of the Court of Appeal, Supreme Court or Provincial Court;
(b) a person who is disqualified under section 67 as an employee of a local government, except as authorized under that section;
(c) a person who is prohibited from holding elected office
(i) under Division (17) as it applies to elections or voting on any other matter under this or any other Act, or
(ii) under Division (17) of Part I of the Vancouver Charter as it applies to elections or voting on any other matter under that or any other Act;
(d) a person who is disqualified under section 91, 212, 347, 361, 384 or 393;
(e) a person who is disqualified under any other enactment.
67 (1) For the purposes of this section, "employee" means
(a) an employee or salaried officer of a municipality or regional district, or
(b) a person who is within a class of persons deemed by regulation under section 156 to be employees of a specified municipality or regional district, but does not include a person who is within a class of persons excepted by regulation under section 156.
(2) Unless the requirements of this section are met, an employee of a municipality is disqualified from being nominated for, being elected to or holding office
(a) as a member of the council of the municipality of which the person is an employee, or
(b) as a member of the board of the regional district in which is located the municipality of which the person is an employee.
(3) Unless the requirements of this section are met, an employee of a regional district is disqualified from being nominated for, being elected to or holding office
(a) as a member of the board of the regional district of which the person is an employee, or
(b) as a member of the council of a municipality, including the City of Vancouver, that is within the regional district of which the person is an employee.
(4) Before being nominated for an office to which subsection (2) or (3) applies, the employee must give notice in writing to his or her employer of the employee's intention to consent to nomination.
(5) Once notice is given under subsection (4), the employee is entitled to and must take a leave of absence from the employee's position with the employer for a period that, at a minimum,
(a) begins on the first day of the nomination period or the date on which the notice is given, whichever is later, and
(b) ends, as applicable,
(i) if the person is not nominated before the end of the nomination period, on the day after the end of that period,
(ii) if the person withdraws as a candidate in the election, on the day after the withdrawal,
(iii) if the person is declared elected, on the day the person resigns in accordance with subsection (8) or on the last day for taking office before the person is disqualified under section 212,
(iv) if the person is not declared elected and no application for judicial recount is made, on the last day on which an application for a judicial recount may be made, or
(v) if the person is not declared elected and an application for judicial recount is made, on the date when the results of the election are determined by or following the judicial recount.
(6) If agreed by the employer, as a matter of employment contract or otherwise, the leave of absence under this section may be for a period longer than the minimum required by subsection (5).
(7) Sections 53 and 54 of the Employment Standards Act apply to a leave of absence under this section.
(8) Before making the oath of office under section 211, an employee on a leave of absence under this section who has been elected must resign from the person's position with the employer.
(9) At the option of the employee, a resignation under subsection (8) may be conditional on the person's election not being declared invalid on an application under section 143.
68 (1) At any one time a person may not hold more than one elected office in the same local government.
(2) At any one time a person may not be nominated for more than one elected office in the same local government.
(3) A current member of a local government may not be nominated for an election under section 38 for another office in the same local government unless the person resigns from office in accordance with section 213 within 14 days after the day on which the chief election officer is appointed.
Division (6) - Nominations
69 (1) The period for receiving nominations begins at 9 a.m. on the 46th day before general voting day and ends at 4 p.m. on the 36th day before general voting day.
(2) If the first day of the nomination period would otherwise fall on a holiday, the nomination period begins on the next day that is not a holiday.
(3) If the last day of the nomination period would otherwise fall on a holiday, the nomination period ends on the last day before that day that is not a holiday.
70 (1) At least 6 but not more than 30 days before the nomination period begins, the chief election officer must issue a notice of nomination under this section in accordance with section 45.
(2) The notice must include the following information:
(a) the offices for which candidates are to be elected;
(b) the dates, times and places at which nominations will be received;
(c) how interested persons can obtain information on the requirements and procedures for making a nomination;
(d) any other information required to be included by regulation under section 156.
(3) The notice may include any other information the chief election officer considers appropriate.
(4) The chief election officer may provide for additional notice of the call for nominations to be given to the public.
71 (1) A nomination for office as a member of a local government must be made in writing in accordance with section 72 by 2 persons who are electors of the jurisdiction for which the person is nominated.
(2) In the case of a nomination for an office to be filled on a neighbourhood constituency basis, a person making the nomination must also be qualified as a resident elector or property elector in relation to the area of the neighbourhood constituency.
(3) Each person nominated must be nominated by separate nomination documents, but a person entitled to make a nomination may subscribe to as many nomination documents as there are persons to be elected to fill the office for which the election is being held.
72 (1) A nomination for local government office must be in written form and must include the following:
(a) the full name of the person nominated;
(b) the usual name of the person nominated, if the full name of the person is different from the name the person usually uses and the person wishes to have his or her usual name on the ballot instead;
(c) the office for which the person is nominated;
(d) if applicable, a statement that the person nominated is endorsed by an elector organization in accordance with section 79 and wishes to have the endorsement of this elector organization included on the ballot;
(e) the residential address of the person nominated, and the mailing address if this is different;
(f) the names and residential addresses of the nominators and, if a nominator is a property elector, the address of the property in relation to which the nominator is a property elector;
(g) a statement signed by the nominators that, to the best of their knowledge, the person nominated is qualified under section 66 to be nominated.
(2) A nomination must be accompanied by the following:
(a) a statement signed by the person nominated consenting to the nomination;
(b) a solemn declaration of the person nominated that he or she is qualified under section 66 to be nominated for the office, either made in advance or taken by the chief election officer at the time the nomination documents are delivered;
(c) if the nomination requests under subsection (1) (d) that endorsement by an elector organization be shown on the ballot,
(i) the solemn declaration under section 79, and
(ii) the written consent of the person nominated to the endorsement;
(d) the written disclosure required by section 2 (1) of the Financial Disclosure Act.
(3) A person must not consent to be nominated knowing that he or she is not qualified to be nominated.
(4) The chief election officer may require a person nominated to provide a telephone number at which the person may be contacted.
73 (1) In order to make a nomination, the documents required by section 72 must be received before the end of the nomination period by the chief election officer or a person designated by the chief election officer for this purpose.
(2) The obligation to ensure that nomination documents are received in accordance with this section rests with the person being nominated.
(3) For the purposes of subsection (1), nomination documents
(a) must be received at the local government offices during its regular office hours, and
(b) may be received at other times and places as specified by the chief election officer.
(4) Nomination documents may be delivered by hand, by mail or other delivery service or by facsimile transmission with originals to follow.
(5) If the originals of nomination documents delivered by facsimile transmission are not received by the chief election officer by the end of the 29th day before general voting day, the person nominated is deemed to have withdrawn from being a candidate in the election.
(6) Nomination documents delivered to the chief election officer must be available for public inspection in the local government offices during its regular office hours from the time of delivery.
(7) Before inspecting nomination documents, a person other than a local government officer or employee acting in the course of duties must sign a statement that the person will not inspect the documents or use the information included in them except for the purposes of this Act.
(8) The municipal clerk or regional district secretary, as applicable, must ensure that the statements referred to in subsection (7) are kept until after general voting day for the next general local election.
74 (1) Immediately following the end of the nomination period, the chief election officer must declare as candidates for an elected office all persons who have been nominated for the office.
(2) If there are fewer persons declared as candidates than there are to be elected, additional nominations must be received by the chief election officer from the time of the declaration under subsection (1) up until 4 p.m. on the 3rd day after the end of the nomination period.
(3) If reasonably possible, the chief election officer must give notice to the public of an extended time for receiving nominations under subsection (2).
(4) At the end of the time for receiving additional nominations under subsection (2), the chief election officer must declare as candidates for an elected office all additional persons who have been nominated for the office.
75 (1) A nomination may only be challenged by an application to the Provincial Court in accordance with this section.
(2) The time period during which a challenge may be made is between the time of the delivery of the nomination documents in accordance with section 73 and 4 p.m. on the 4th day after the end of the nomination period.
(3) A challenge may be made only by a person who is an elector of the jurisdiction or by another nominee.
(4) A challenge may be made only on one or more of the following bases:
(a) that the person is not qualified to be nominated or elected;
(b) that the nomination was not made in accordance with sections 71 to 73;
(c) that the usual name given under section 72 (1) (b) in the nomination documents is not in fact the usual name of the person;
(d) that the person is not in fact endorsed by the elector organization named in the nomination documents or that the named organization is not an elector organization within the meaning of section 79 or is disqualified under section 92 from endorsing a candidate.
(5) The document filed with the court to commence a challenge must briefly set out the facts on which the challenge is based and must be supported by affidavit as to those facts.
(6) At the time a challenge is commenced, a time must be set for the hearing that is adequate to allow the court to give its decision on the matter within the time limit set by subsection (8).
(7) The person making a challenge must notify affected persons by
(a) immediately notifying the chief election officer and the person whose nomination is challenged that a challenge will be heard by the court at the time set under subsection (6), and
(b) within 24 hours of filing the document commencing the application, serving on these persons that document, the accompanying affidavit and a notice of the time for the hearing.
(8) Within 72 hours of the end of the period for commencing a challenge, the court must hear and determine the matter and must issue an order, as applicable,
(a) confirming the person as a candidate or declaring that the person is no longer a candidate,
(b) declaring that the person is or is not entitled to have the usual name indicated in the nomination documents used on the ballot, or
(c) declaring that the organization named in the nomination documents is or is not entitled to have its endorsement included on the ballot.
(9) The court may order that the costs of a challenge, within the meaning of the Rules of Court for the Supreme Court, be paid in accordance with the order of the court.
(10) The decision of the court on a challenge under this section is final and may not be appealed.
76 (1) At 4 p.m. on the Monday following the last day for determining a challenge under section 75, the chief election officer must declare the election in accordance with this section.
(2) If there are more candidates for an office than there are to be elected for the office, the chief election officer must declare that an election by voting is to be held.
(3) If no more candidates for an office are nominated than there are to be elected for that office, the chief election officer must declare the candidate or candidates elected by acclamation.
77 (1) At least 6 but not more than 30 days before general voting day for an election by voting under section 76 (2), the chief election officer must issue a notice of election in accordance with section 45.
(2) The notice must include the following information:
(a) the offices for which persons are to be elected;
(b) the usual names and residential addresses of the candidates for each office;
(c) the date of general voting day, the voting places for required general voting opportunities and the voting hours for those places;
(d) if applicable, information required to be included under section 209 (6) regarding neighbourhood constituencies or section 103 (5) regarding municipal voting divisions.
(3) The notice may also include any other information the chief election officer considers appropriate.
(4) The chief election officer may provide for additional notice of the election to be given to the public.
78 (1) If there are fewer candidates declared elected by acclamation under section 76 than there are to be elected, the local government must appoint a person to each vacant office,
(a) in the case of a general local election, within 30 days after the first meeting of the local government at which the persons elected in the election are holding office, and
(b) in other cases, within 30 days after the first meeting of the local government after the declaration of the election results.
(2) If a local government fails to make an appointment required by subsection (1), or if there is no quorum of the local government able to make the appointment, the minister must appoint a person to each vacant office.
(3) A person appointed under this section
(a) must be qualified under section 66 to hold the office, and
(b) must reside in the municipality, electoral area or neighbourhood constituency, as applicable, at the time of appointment.
(4) A person appointed as a member of a local government under this section or any other provision of this Act has the same rights, duties and powers as a person elected as a member.
(5) An enactment that applies to an elected member of a local government applies to a person appointed under this section in the same manner as if the person had been elected at the election in relation to which the appointment is made.
Division (7) - Candidates and Representatives
79 (1) In order for an organization, whether incorporated or unincorporated, to have its endorsement of a candidate included on a ballot, the organization must
(a) have been in existence for at least 60 days immediately before the solemn declaration under subsection (3) is made, and
(b) have had throughout the period referred to in paragraph (a) a membership of at least 50 electors of the municipality or regional district for which the election is being held.
(2) An organization must indicate its endorsement by authorizing a director or other official to make the solemn declaration described in subsection (3).
(3) The solemn declaration of the official of the elector organization must include the following:
(a) a statement that, to the best of the knowledge, information and belief of the official, the elector organization
(i) has been in existence for at least 60 days immediately before the date on which the solemn declaration is made,
(ii) has had throughout the period referred to in subparagraph (i) a membership of at least 50 electors of the municipality or regional district for which the election is being held, and
(iii) has authorized the official to make the solemn declaration;
(b) the name of the candidate endorsed by the elector organization;
(c) the corporate name, if any, of the elector organization, the usual name of the organization and any abbreviations, acronyms and other names used by the elector organization;
(d) a statement as to which name, abbreviation or acronym referred to in paragraph (c) is the one that the elector organization wishes to have included on the ballot;
(e) the name of the director or other official responsible for the financial affairs of the elector organization;
(f) the name of the president, chair or other chief official of the elector organization and an address and telephone number at which this person can be contacted;
(g) any other matter required to be included by regulation under section 156.
(4) The name, abbreviation or acronym referred to in subsection (3) (d) must not
(a) include any matter that is prohibited by section 105 from being included on the ballot, or
(b) be, in the opinion of the chief election officer, so similar to the name, abbreviation or acronym of another elector organization whose endorsement of a candidate appeared on a ballot at the preceding general local election or a later election as to be confusing to the electors.
(5) A solemn declaration under subsection (3) may be made in relation to more than one candidate in an election, but only one elector organization endorsement may be shown on a ballot in relation to a candidate.
(6) An elector organization endorsement must not appear on a ballot if
(a) the elector organization withdraws its endorsement before 4 p.m. on the 29th day before general voting day by delivering to the chief election officer by that time a written withdrawal signed by a director or other official of the elector organization, or
(b) before 4 p.m. on the 29th day before general voting day, the candidate withdraws the request to have the elector organization endorsement appear on the ballot by delivering a signed withdrawal to the chief election officer by that time.
80 (1) At any time up until 4 p.m. on the 29th day before general voting day, a person who has been nominated may withdraw from being a candidate in the election by delivering a signed withdrawal to the chief election officer, which must be accepted if the chief election officer is satisfied as to its authenticity.
(2) After the time referred to in subsection (1), a candidate may only withdraw by delivering a signed request to withdraw to the chief election officer and receiving the approval of the minister.
(3) For the purposes of subsection (2), the chief election officer must notify the minister of a request to withdraw as soon as reasonably possible after receiving it.
(4) The chief election officer must notify the minister if, between the declaration of an election by voting under section 76 (2) and general voting day for the election,
(a) a candidate dies, or
(b) in the opinion of the chief election officer, a candidate is incapacitated to an extent that will prevent the candidate from holding office.
(5) On approving a withdrawal under subsection (2) or being notified under subsection (4), the minister may order
(a) that the election is to proceed, subject to any conditions specified by the minister, or
(b) that the original election is to be cancelled and that a new election is to be held in accordance with the directions of the minister.
81 (1) A candidate may appoint
(a) one individual to act as official agent of the candidate, to represent the candidate from the time of appointment until the final determination of the election or the validity of the election, as applicable, and
(b) scrutineers, to represent the candidate by observing the conduct of voting and counting proceedings for the election.
(2) An appointment as a candidate representative must
(a) be made in writing and signed by the person making the appointment,
(b) include the name and address of the person appointed, and
(c) be delivered to the chief election officer or a person designated by the chief election officer for this purpose as soon as reasonably possible after the appointment is made.
(3) An appointment as a candidate representative may only be rescinded in the same manner as the appointment was made.
(4) An appointment of an official agent may include a delegation of the authority to appoint scrutineers.
(5) If notice is to be served or otherwise given under this Part to a candidate, it is sufficient if the notice is given to the official agent of the candidate.
82 (1) A candidate representative present at a place where election proceedings are being conducted must
(a) carry a copy of the person's appointment under section 81,
(b) before beginning duties at the place, show the copy of the appointment to the presiding election official or an election official specified by the presiding election official, and
(c) show the copy of the appointment to an election official when requested to do so by the official.
(2) The presiding election official may designate one or more locations at a place where election proceedings are being conducted as locations from which candidate representatives may observe the proceedings and, if this is done, the candidate representatives must remain in those locations.
(3) The absence of a candidate representative from a place where election proceedings are being conducted does not invalidate anything done in relation to an election.
Division (8) - Campaign Financing
83 In this Division "campaign contribution" means the amount of any money or the value of any property or services provided, by donation, advance, deposit, discount or otherwise, to a candidate or elector organization for use in an election campaign or towards the election expenses of an election campaign;
"candidate" means a person who
(a) is a candidate in an election,
(b) is nominated as a candidate in an election, or
(c) accepts campaign contributions or incurs election expenses with the intention of becoming a candidate in an election;
"election campaign" means an election campaign within the meaning of section 84;
"election expense" means the value of property and services used in an election campaign by or on behalf of a candidate or by or on behalf of an elector organization,
(a) in relation to an election that is part of a general local election, during the calendar year in which the election is held, and
(b) in relation to another election, after the date of the vacancy for which the election is being held;
"elector organization" means an elector organization that endorses or intends to endorse a candidate within the meaning of section 79;
"property" means property or the use of property, as applicable.
84 (1) In relation to a candidate, an election campaign is a campaign for any of the following purposes in relation to an election, including such a campaign undertaken before the person is nominated or declared a candidate:
(a) to promote the election of the candidate or to oppose the election of another candidate;
(b) to approve of a course of action advocated by the candidate or to disapprove of a course of action advocated by another candidate;
(c) to promote an elector organization or its program or to oppose an elector organization or its program;
(d) to approve of a course of action advocated by an elector organization or to disapprove of a course of action advocated by an elector organization.
(2) In relation to an elector organization, an election campaign is a campaign for any of the following purposes in relation to one or more elections that are being conducted in a municipality or regional district at the same time, including such a campaign undertaken before the elector organization endorses a candidate:
(a) to promote the election of a candidate or to oppose the election of a candidate;
(b) to approve of a course of action advocated by a candidate or to disapprove of a course of action advocated by a candidate;
(c) to promote the elector organization or its program or to oppose another elector organization or its program;
(d) to approve of a course of action advocated by the elector organization or to disapprove of a course of action advocated by another elector organization.
85 (1) A candidate may appoint one individual as financial agent, who may also be the official agent of the candidate.
(2) If a financial agent is not appointed for a candidate, the candidate is deemed to be his or her own financial agent.
(3) An elector organization may appoint one individual as financial agent.
(4) An appointment of a financial agent must
(a) be made in writing and signed by the candidate or authorized official of the elector organization, as applicable,
(b) include the name and address of the person appointed, and
(c) be delivered to the chief election officer, or a person designated by the chief election officer for this purpose, as soon as reasonably possible after the appointment is made or the chief election officer is appointed, whichever occurs later.
(5) An appointment under this section may only be rescinded in the same manner as the appointment was made.
86 (1) A candidate or elector organization must not accept campaign contributions or incur election expenses except through the financial agent or a person authorized by the financial agent.
(2) A person must not accept a campaign contribution that the person has reason to believe is made in contravention of this Division.
87 (1) A person or unincorporated organization must not do any of the following:
(a) make a campaign contribution to a candidate or elector organization except by making it to the financial agent or a person authorized by the financial agent;
(b) make an anonymous campaign contribution that has a value of more than $50;
(c) make a number of anonymous campaign contributions to the same candidate for the election campaign if, in aggregate, the campaign contributions would be equal in value to more than $50;
(d) make a number of anonymous campaign contributions to the same elector organization in relation to one or more elections that are conducted at the same time in a regional district or municipality if, in aggregate, the campaign contributions would be equal in value to more than $50;
(e) make a campaign contribution indirectly by giving the money, property or services to a person or unincorporated organization for that person or organization to make as a campaign contribution.
(2) If a candidate or elector organization is given an anonymous campaign contribution that exceeds the limit established by subsection (1), the candidate or elector organization must give the campaign contribution to the municipality or regional district for which the election is being held for the use of that municipality or regional district in the discretion of its local government.
88 (1) In respect of every campaign contribution other than one referred to in section 89 (2), the financial agent must record the following:
(a) unless the campaign contribution is anonymous, the name of the person or unincorporated organization making the campaign contribution;
(b) the date on which the campaign contribution was made;
(c) the value of the campaign contribution in accordance with section 89.
(2) The financial agent must maintain records of election expenses sufficient to meet the requirement of this Division.
(3) The records required by this section must be retained by the financial agent, candidate or elector organization until after the next general local election following the election to which they relate.
89 (1) Unless otherwise provided, the value of property or services used by or provided to a candidate or elector organization is
(a) the actual amount paid or to be paid, if this is equal to or greater than the fair market value of the property or use of the property or of the services, or
(b) the fair market value of the property or the use of the property or of the services, if no price is paid or to be paid or if the price is less than the fair market value.
(2) The value of the following services is deemed to be nil:
(a) services provided by a volunteer within the meaning of subsection (3);
(b) services provided by a financial agent to comply with the requirements of this Part;
(c) professional services provided to comply with the requirements of this Part;
(d) free election advertising space provided to a candidate or elector organization in a periodical publication if the advertising space is made available on an equitable basis to all other candidates.
(3) A volunteer is an individual who provides services for no remuneration or material benefit, but does not include
(a) an individual who is self-employed if the services provided are normally sold or otherwise charged for by the individual, or
(b) an individual if the employer of the individual makes the services available at the employer's expense.
(4) If a person provides property or services to a candidate or elector organization for use in an election campaign at less than the fair market value of the property or services, the person is deemed to have made a campaign contribution of the difference between the fair market value and the amount charged.
(5) If a debt owed by a candidate or elector organization for an election expense remains unpaid 6 months or more after becoming due, the amount due is deemed to be a campaign contribution unless the creditor has commenced legal proceedings to recover the debt.
90 (1) Within 120 days after general voting day for an election, the financial agent of each candidate and elector organization must file with the municipal clerk or regional district secretary, as applicable, a disclosure statement in accordance with this section.
(2) The candidate or elector organization must ensure that the financial agent files a disclosure statement in accordance with this section.
(3) A disclosure statement must include the following in relation to the election campaign of the candidate or elector organization:
(a) the total amount of campaign contributions;
(b) for each person or unincorporated organization who made a campaign contribution of $100 or more, the information referred to in section 88 (1) (a) to (c);
(c) for each anonymous campaign contribution that was given to the municipality or regional district under section 87 (2), the information referred to in section 88 (1) (b) and (c);
(d) the total amount of election expenses;
(e) if the total amount of election expenses is greater than $3 000, the information regarding election expenses required by regulation under section 156.
(4) The disclosure statement must be accompanied by solemn declarations of the financial agent and of the candidate or elector organization official identified under section 79 (3) (f) that, to the best of the knowledge, information and belief of the person making the declaration,
(a) the disclosure statement completely and accurately discloses the campaign contributions received and election expenses used in relation to the election campaign of the candidate or elector organization, as applicable, and
(b) no contravention of this Division occurred in relation to the election campaign of the candidate or elector organization, as applicable.
(5) An updated disclosure statement must be filed in accordance with this section
(a) if any of the information reported in a disclosure statement under this section changes, in which case the updated disclosure statement must be filed within 30 days after the change occurs, or
(b) if the financial agent, candidate or elector organization becomes aware that the disclosure statement did not completely and accurately disclose the information required, in which case the updated disclosure statement must be filed within 30 days after the person or elector organization becomes aware of this.
(6) For the purposes of this section, if a person makes more than one campaign contribution to a candidate or elector organization, the person shall be deemed to have made a single campaign contribution in an amount equal to the aggregate value of the actual campaign contributions.
91 (1) A candidate in an election is disqualified from being nominated for, elected to or holding office on a local government, the council of the City of Vancouver or a board of school trustees, or as a local trustee of the Islands Trust, until after the next general local election if
(a) the financial agent of the candidate fails to file a disclosure statement under section 90 within 30 days after the applicable time limit established by that section, or
(b) to the knowledge of the candidate, the financial agent files a disclosure statement in which the information required to be included is incorrect.
(2) If a disclosure statement for a candidate is filed after the time limit established by section 90 but before the disqualification date established by subsection (1), the candidate must pay to the municipality or regional district, as applicable, a late filing penalty of $500.
92 (1) An elector organization is disqualified from endorsing a candidate under section 79 until after the next general local election if the financial agent of the elector organization fails to file a disclosure statement under section 90 within 30 days after the applicable time limit established by that section.
(2) If a disclosure statement for an elector organization is filed after the time limit established by section 90 but before the disqualification date established by subsection (1), the elector organization must pay to the municipality or regional district, as applicable, a late filing penalty of $500 for each candidate in the election that was endorsed by the elector organization.
93 (1) The disclosure statements and signed declarations under section 90 must be available for public inspection in the local government offices during its regular office hours from the time of filing until December 1 in the year of the next general local election.
(2) After the end of the period referred to in subsection (1), the disclosure statements and signed declarations must be returned to the candidate or elector organization for which they were filed, if this is requested by the candidate or elector organization, and otherwise they may be destroyed.
Division (9) - Voting Opportunities
94 An elector who meets the applicable qualifications may vote in an election at one of the following voting opportunities:
(a) on general voting day at a required general voting opportunity or at an additional general voting opportunity, if any;
(b) at a required advance voting opportunity or at an additional advance voting opportunity, if any;
(c) at a special voting opportunity, if any;
(d) by mail ballot, if this is available for the jurisdiction.
95 (1) As soon as reasonably possible after the declaration of an election by voting, the chief election officer must designate voting places for general voting day.
(2) If neighbourhood constituencies or municipal voting divisions are established, the chief election officer must specify which of the voting places under subsection (1) is to be used on general voting day for each neighbourhood constituency or municipal voting division.
(3) The voting places under subsection (1) must be open on general voting day from 8 a.m. to 8 p.m. to all electors entitled to vote, subject to the restrictions regarding where a person may vote if municipal voting divisions or neighbourhood constituencies are established.
96 (1) A local government may, by bylaw,
(a) establish or authorize the chief election officer to establish additional voting opportunities for general voting day, and
(b) designate the voting places and set the voting hours for these voting opportunities or authorize the chief election officer to do this.
(2) As a limit on subsection (1), the voting hours established for an additional general voting opportunity must not extend later than 8 p.m. on general voting day.
(3) The chief election officer must give notice of an additional general voting opportunity in any manner the chief election officer considers appropriate, including in the notice the date, place and voting hours for the voting opportunity.
97 (1) In order to vote at an advance voting opportunity, an elector must come within at least one of the following circumstances:
(a) the elector expects to be absent from the municipality or regional district electoral area for which the election is to be held on general voting day;
(b) the elector will be unable to vote on general voting day for reasons of conscience;
(c) the elector will not be able to attend at a voting place on general voting day for reasons beyond the elector's control;
(d) the elector has a physical disability or is a person whose mobility is impaired;
(e) the elector is a candidate or candidate representative;
(f) the elector is an election official.
(2) At least 2 advance voting opportunities must be held for an election by voting,
(a) one on the 10th day before general voting day, and
(b) the other on another date which the local government must establish by bylaw.
(3) As an exception to subsection (2) in relation to a jurisdiction with a population of 5 000 or less, the local government may, by bylaw, provide that the advance voting opportunity referred to in subsection (2) (b) is not to be held for the jurisdiction.
(4) Voting hours for the required advance voting opportunities must be from 8 a.m. to 8 p.m.
(5) As soon as reasonably possible after the declaration of an election by voting, the chief election officer must designate voting places for the required advance voting opportunities.
(6) At least 6 but not more than 30 days before a required advance voting opportunity, the chief election officer must give notice in accordance with section 45 of the date, the location of the voting places and the voting hours for the voting opportunity.
98 (1) A local government may, by bylaw,
(a) establish or authorize the chief election officer to establish dates for additional voting opportunities in advance of general voting day, and
(b) designate the voting places and set the voting hours for these voting opportunities or authorize the chief election officer to do this.
(2) In order to vote at an additional advance voting opportunity, a person must come within at least one of the circumstances referred to in section 97 (1).
(3) The chief election officer must give notice of an additional advance voting opportunity in any manner the chief election officer considers appropriate, including in the notice the date, place and voting hours for the voting opportunity.
99 (1) In order to give electors who may otherwise be unable to vote an opportunity to do so, a local government may, by bylaw, establish one or more special voting opportunities under this section.
(2) A bylaw under subsection (1) may do one or more of the following for each special voting opportunity:
(a) for the purpose referred to in subsection (1), establish restrictions on persons who may vote at the special voting opportunity;
(b) establish procedures for voting and for conducting the voting proceedings that differ from those established under other provisions of this Part;
(c) limit, or authorize the chief election officer to limit, the number of candidate representatives who may be present at the special voting opportunity;
(d) establish, or authorize the chief election officer to establish, the date and voting hours when and the place where the special voting opportunity is to be conducted.
(3) At least one candidate representative is entitled to be present at a special voting opportunity for the election, with that candidate representative chosen by agreement of the candidates for that election or, failing such agreement, by the chief election officer.
(4) The voting hours established under subsection (2) (d) for a special voting opportunity must not extend later than 8 p.m. on general voting day.
(5) A special voting opportunity may be conducted at a location outside the boundaries of the jurisdiction.
(6) The chief election officer must give notice of a special voting opportunity in any manner the chief election officer considers will give reasonable notice to the electors who will be entitled to vote at it.
(7) The notice of a special voting opportunity must include the following:
(a) the date, the location and the voting hours for the special voting opportunity;
(b) any restrictions on who may vote at the special voting opportunity;
(c) any special procedures involved.
100 (1) Subject to this section and any regulations under section 156, a local government may, by bylaw, permit voting to be done by mail ballot and, in relation to this, may permit elector registration to be done in conjunction with this voting.
(2) For a municipality, the only electors who may vote by mail ballot are persons who have a physical disability, illness or injury that affects their ability to vote at another voting opportunity.
(3) For a regional district, the only electors who may be permitted to vote by mail ballot are
(a) persons who have a physical disability, illness or injury that affects their ability to vote at another voting opportunity, and
(b) if areas are specified for this purpose in the bylaw under subsection (1), persons who reside in a specified area of the jurisdiction for which the election is being held that is remote from voting places at which they are entitled to vote.
(4) A bylaw under subsection (1) may
(a) establish procedures for voting and registration that differ from those established under other provisions of this Part, and
(b) establish, or authorize the chief election officer to establish, time limits in relation to voting by mail ballot.
(5) The chief election officer must give notice of an opportunity to vote by mail ballot in any manner the chief election officer considers will give reasonable notice to the electors who will be entitled to vote by this means.
(6) The procedures for voting by mail ballot must require the chief election officer to keep sufficient records so that challenges of an elector's right to vote may be made in accordance with the intent of section 116.
(7) Mail ballot packages must contain the following:
(a) the ballot or ballots to which an elector is entitled;
(b) a secrecy envelope that has no identifying marks, in which the ballots are to be returned;
(c) a certification envelope on which is printed the information referred to in subsection (8) for completion by the person voting, in which the secrecy envelope is to be placed;
(d) an outer envelope on which is printed the address of the chief election officer at the local government offices and in which the envelopes under paragraphs (b) and (c) and, if applicable, the registration application under paragraph (e) are to be returned;
(e) if permitted by the bylaw under subsection (1), an application for registration as an elector, to be completed if necessary and returned in the outer envelope;
(f) instructions as to how to vote by mail ballot.
(8) The certification envelope must be printed
(a) with spaces in which the person voting is to record his or her full name and residential address, and
(b) with a statement to be signed by the person voting declaring that the person
(i) is entitled to be registered as an elector for the election,
(ii) is entitled to vote by mail ballot, and
(iii) has not previously voted in the election and will not afterwards vote again in the election.
(9) In order to be counted for an election, a mail ballot must be received by the chief election officer before the close of voting on general voting day and it is the obligation of the person applying to vote by mail ballot to ensure that the mail ballot is received by the chief election officer within this time limit.
Division (10) - Arrangements for Voting
101 (1) So far as reasonably possible, voting places must be easily accessible to persons who have a physical disability or whose mobility is impaired.
(2) A voting place for a required general voting opportunity must not be outside the boundaries of the jurisdiction unless one of the following circumstances applies:
(a) at least one voting place for that voting opportunity is within the boundaries;
(b) there are no facilities as described in subsection (1) available within the boundaries or there are facilities outside the boundaries that are more accessible as described in that subsection;
(c) the chief election officer considers that the location will be more convenient for a majority of electors of the jurisdiction.
(3) A voting place for an additional general voting opportunity or for an advance voting opportunity may be outside the boundaries of the jurisdiction.
102 (1) A local government may, by bylaw, provide for the use of automated voting machines, voting recorders or other devices for voting in an election, subject to any requirements, limits and conditions established by regulation under section 156.
(2) A bylaw under subsection (1) must include the following:
(a) procedures for how to vote, to be used in place of those established by section 119;
(b) the form of ballot, if this is to be different from the form of ballot otherwise required by this Act;
(c) procedures, rules and requirements regarding the counting of votes, if these are to be different from those established by Division (13).
(3) In order for a bylaw under subsection (1) to be valid, it must be approved by the minister before it is adopted.
(4) To the extent that there is an inconsistency between the procedures, rules and requirements established by a bylaw under subsection (1) and the procedures, rules and requirements established by or under this Part, the bylaw prevails.
103 (1) The council of a municipality with a population of greater than 100 000 must, by bylaw,
(a) establish municipal voting divisions, or
(b) authorize the clerk or chief election officer to establish municipal voting divisions.
(2) The council of a municipality with a population of 100 000 or less may, by bylaw, exercise the same authority as provided in subsection (1).
(3) The authority under subsections (1) and (2) is subject to any requirements, limits and conditions established by regulation under section 156.
(4) If municipal voting divisions are established, electors who reside in a municipal voting division or who are property electors in relation to property within that voting division may vote on general voting day only at the voting place specified for that voting division unless they are voting at an additional general voting opportunity or a special voting opportunity.
(5) The notice of election under section 77 must include the following additional information if municipal voting divisions are established:
(a) that municipal voting divisions will be used in the election;
(b) that electors residing in a municipal voting division or who are property electors in relation to property within that voting division will be entitled to vote on general voting day only at the voting place specified for the voting division unless they are voting at an additional general voting opportunity or a special voting opportunity, if any is offered;
(c) either
(i) the boundaries of each municipal voting division and the voting place for each division, or
(ii) how electors can obtain information as to where they are entitled to vote on general voting day.
(6) The chief election officer may provide additional notice to electors in a municipal voting division of the voting place where they are entitled to vote.
104 (1) The chief election officer must establish the form of ballots to be used in an election.
(2) Without limiting subsection (1), the chief election officer may do either or both of the following:
(a) determine that composite ballots are to be used, on which an elector's votes on 2 or more elections may be indicated;
(b) determine that ballots are to be in the form of a ballot set, in which ballots for more than one election are packaged together.
105 (1) A ballot for an election must include the following:
(a) instructions as to the number of candidates to be elected to the office;
(b) instructions as to the appropriate mark to make a valid vote for a candidate;
(c) the full name of each candidate or, if a candidate specified a different usual name in the nomination documents, this usual name;
(d) if applicable, the name, abbreviation or acronym of the endorsing elector organization for a candidate, as shown on the nomination documents for the candidate.
(2) As an exception to subsection (1) (d), if the name, abbreviation or acronym referred to in that paragraph is too long to be reasonably accommodated on the ballot, the chief election officer may, after consulting with a director or other official of the elector organization, use a shorter name, abbreviation or acronym that, in the opinion of the chief election officer, identifies the elector organization.
(3) A ballot for an election must not include any of the following:
(a) an indication that a candidate is holding or has held an elected office;
(b) a candidate's occupation;
(c) an indication of a title, honour, degree or decoration received or held by a candidate.
106 (1) Unless a bylaw under section 107 is adopted,
(a) the names of the candidates must be arranged alphabetically by their surnames, and
(b) if 2 or more candidates have the same surname, the names of those candidates must be arranged alphabetically in order of their first given names.
(2) If 2 or more candidates
(a) have the same surnames and given names, or
(b) have names so similar that, in the opinion of the chief election officer, they are likely to cause confusion, the chief election officer, after receiving the approval of these candidates, may include on the ballot additional information to assist the electors to identify the candidates, subject to the restrictions under section 105 (3).
(3) The chief election officer's decision on the order of names on a ballot is final.
107 (1) A local government may, by bylaw, permit the order of names on a ballot to be determined by lot in accordance with this section.
(2) The chief election officer must notify all candidates as to the date, time and place when the determination is to be made.
(3) The only persons who may be present at the determination are the candidates, or their official agents, and any other persons permitted to be present by the chief election officer.
(4) The procedure for the determination is to be as follows:
(a) the name of each candidate is to be written on a separate piece of paper, as similar as possible to all other pieces prepared for the determination;
(b) the pieces of paper are to be folded in a uniform manner in such a way that the names of the candidates are not visible;
(c) the pieces of paper are to be placed in a container that is sufficiently large to allow them to be shaken for the purpose of making their distribution random, and the container is to be shaken for this purpose;
(d) the chief election officer is to direct a person who is not a candidate or candidate representative to withdraw the papers one at a time;
(e) the name on the first paper drawn is to be the first name on the ballot, the name on the second paper is to be the second, and so on until the placing of all candidates' names on the ballot has been determined.
108 (1) Ballot boxes for an election may be any box or other appropriate receptacle that is constructed so that ballots can be inserted but not withdrawn unless the ballot box is opened.
(2) Separate ballot boxes must be used for each of the following:
(a) ballots used to vote at required general voting opportunities;
(b) ballots used to vote at additional general voting opportunities;
(c) ballots used to vote at advance voting opportunities;
(d) ballots used to vote at special voting opportunities;
(e) mail ballots used to vote.
(3) A ballot box used at one type of voting opportunity referred to in subsection (2) (a) to (e) may be used again at another voting opportunity of the same type.
Division (11) - Conduct of Voting Proceedings
109 (1) A presiding election official and at least one other election official must be present at all times at each voting place during voting hours except during a suspension of voting under section 122.
(2) If an election official does not attend at a voting place as expected, the presiding election official may appoint a person as an election official in the missing person's place, whether or not this authority has already been given by or under this Part.
110 (1) Except as provided in this section, a person must not be present at a voting place while voting proceedings are being conducted.
(2) The following persons may be present at a voting place while voting proceedings are being conducted:
(a) persons who are present for the purpose of voting and persons in the care of such a person;
(b) persons assisting under section 49 or 121;
(c) election officials;
(d) the official agent of a candidate in the election and, for each ballot box in use at that time for receiving ballots for that election, one scrutineer for each candidate, unless a bylaw under subsection (3) permits more to be present;
(e) other persons permitted to be present by the presiding election official.
(3) A local government may, by bylaw, permit more than one scrutineer for each candidate to be present for each ballot box in use at a voting place while voting proceedings are being conducted, subject to any restrictions and conditions specified in the bylaw.
(4) Other than for the purpose of voting, a candidate must not be present at a voting place or special voting opportunity while voting proceedings are being conducted.
(5) Other than a person attending to vote, a person in the care of a person attending to vote or a peace officer assisting the presiding election official under section 47, each person present at a voting place while voting proceedings are being conducted and each candidate representative present at a special voting opportunity must make a solemn declaration to preserve the secrecy of the ballot in accordance with section 113.
111 (1) Before a ballot box is used for ballots, the presiding election official, in the presence of at least one witness, must inspect the ballot box to ensure that it is empty and seal it in such a manner that it cannot be opened without breaking the seal.
(2) After a ballot box is used for ballots, the presiding election official must seal it at the following times in a manner to prevent the addition or withdrawal of ballots:
(a) at the close of voting at a voting opportunity;
(b) between each addition of mail ballots;
(c) if the ballot box becomes full while voting proceedings are being conducted;
(d) if voting proceedings are suspended under section 122 or adjourned under section 48.
(3) In addition to sealing by the presiding election official, candidate representatives are entitled to add their seals for the purposes of this section.
(4) Unless it is to be used again in accordance with section 108 (3), a ballot box that has been sealed under this section must remain sealed and unopened until the ballots are to be counted under Division (13).
(5) Before a ballot box sealed under subsection (2) is to be used again in the election, the presiding election official must remove the seal in the presence of at least one witness.
112 (1) If the start of voting at a place, as set by or under this Part, is delayed and the presiding election official considers that a significant number of electors would not be able to vote without an extension under this section, that election official may extend the time for the close of the voting but the extension must not permit voting for a longer length of time than would have been permitted had voting not been delayed.
(2) If, at the time set by or under this Part for the close of voting at a place, there are electors waiting in or in line outside the place in order to vote, those electors are entitled to vote and the ballot box must remain unsealed until their ballots are deposited.
(3) No electors other than those referred to in subsection (2) are entitled to vote after the end of the set closing time.
(4) The decision of the presiding election official as to who is or who is not entitled to vote under subsection (2) is final and may not be the basis of an application under section 143.
(5) The presiding election official must notify the chief election officer as soon as possible of any extension of voting under this section.
Division (12) - Voting
113 (1) Voting at an election must be by secret ballot.
(2) Each person present at a place at which an elector exercises the right to vote, including persons present to vote, and each person present at the counting of the vote must preserve the secrecy of the ballot and, in particular, must not do any of the following:
(a) interfere with a person who is marking a ballot;
(b) attempt to discover how another person voted;
(c) communicate information regarding how another person voted or marked a ballot;
(d) induce a person, directly or indirectly, to show a ballot in a way that reveals how the person voted.
(3) The chief election officer must ensure that each voting place has at least one area that is arranged in such a manner that electors may mark their ballots screened from observation by others and without interference.
(4) An elector may not be required in any legal proceedings to reveal how he or she voted in an election.
114 (1) A person must not vote more than once in the same election.
(2) For the purpose of ensuring compliance with subsection (1), the presiding election official must ensure that a record is maintained of all persons who receive ballots at the voting proceedings for which the presiding election official is responsible.
115 (1) A person must meet the following basic requirements in order to obtain a ballot:
(a) if the person is not shown on the list of registered electors as having registered in advance, the person must register in accordance with section 58;
(b) if the person is shown on the list of registered electors as having registered in advance, the person must sign a written declaration that he or she
(i) is entitled to vote in the election, and
(ii) has not voted before in the same election;
(c) the person must sign the list of registered electors or the voting book, as directed by the presiding election official, giving
(i) the person's name,
(ii) the person's present residential address, and
(iii) if the person is a property elector, the address of the real property in relation to which the person is voting.
(2) As applicable, the following additional requirements must be met in order to obtain a ballot:
(a) at an advance voting opportunity, the person must also sign a written declaration that he or she is entitled to vote at that time and stating the circumstances that entitle the person to vote;
(b) at a special voting opportunity, the person must also sign a written declaration that he or she is entitled to vote at that time and stating the circumstances that entitle the person to vote;
(c) if the person is challenged under section 116, the person must also meet the requirements of subsection (3) of that section;
(d) if it appears that another person has already voted in that person's name, the person must also meet the requirements of section 117 (2);
(e) if the person requires assistance to mark the ballot, the requirements of section 121 (3) must also be met.
(3) Once the requirements of subsections (1) and (2) have been met, the election official must give the elector the ballot or ballots to which that elector is entitled.
(4) A person who does not meet the requirements of subsections (1) and (2) is not entitled to vote and must not be given a ballot.
(5) A voting book or list of registered electors may be prepared in such a manner that all the applicable requirements of subsection (1) or (2), or both, may be met by entries on the voting book or list of registered electors.
116 (1) A person's right to vote may be challenged in accordance with this section at any time during the procedures under section 115 (1) and (2) to obtain a ballot up until the time the person receives the ballot.
(2) A challenge may be made
(a) only in person by an election official, a candidate representative or an elector of the jurisdiction, and
(b) only on the basis that the person proposing to vote
(i) is not entitled to vote, or
(ii) has contravened section 151 (3).
(3) In order to receive a ballot, a person whose right to vote has been challenged must either
(a) provide evidence satisfactory to the presiding election official that the person is entitled to vote, or
(b) make a solemn declaration before the presiding election official as to the person's entitlement to vote.
(4) The solemn declaration required by subsection (3) (b) must state that the person
(a) meets all the qualifications to be registered as an elector of the jurisdiction,
(b) is either registered as an elector of that jurisdiction or is applying at this time to be registered,
(c) is in fact the person under whose name the person is registered or registering as an elector,
(d) has not contravened section 151, and
(e) has not voted before in the same election and will not vote again in the same election.
(5) The presiding election official must keep a record indicating
(a) that the person was challenged,
(b) the name of the person who made the challenge, and
(c) how the person challenged satisfied the requirement of subsection (3).
117 (1) This section applies if an elector meets the requirements of section 115 but the voting book or list of registered electors indicates that another person has already voted using the name of the elector.
(2) In order to obtain a ballot, the person asserting the right to vote as the named elector must either
(a) provide evidence satisfactory to the presiding election official that the person is the named elector, or
(b) make a solemn declaration described in section 116
(4) as to the person's entitlement to vote as the named elector.
(3) The presiding election official must keep a record indicating
(a) that a second ballot was issued in the name of the elector, and
(b) any challenge under section 116 of the person who obtained the second ballot.
118 (1) If an elector unintentionally spoils a ballot before it is deposited in a ballot box, the elector may obtain a replacement ballot by giving the spoiled ballot to the presiding election official.
(2) The presiding election official must immediately mark as spoiled a ballot replaced under subsection (1) and retain the spoiled ballot for return to the chief election officer.
119 (1) After receiving a ballot, an elector must
(a) proceed without delay to a voting compartment provided,
(b) while the ballot is screened from observation, mark it by making a cross in the blank space opposite the name of the candidate or candidates for whom the elector wishes to vote,
(c) fold the ballot to conceal all marks made on it by the elector,
(d) leave the voting compartment without delay,
(e) deposit the ballot in the appropriate sealed ballot box, and
(f) leave the voting place without delay.
(2) An election official may and, if requested by the elector, must explain to an elector the proper method for voting by ballot.
120 (1) While an elector is in a voting compartment to mark a ballot, no other person may observe or be in a position to observe the ballot being marked.
(2) As exceptions to subsection (1),
(a) a person assisting an elector under section 121 may be present with the elector, and
(b) if the presiding election official permits, a person who is in the care of an elector may be present with the elector.
121 (1) This section applies to electors who are unable to mark a ballot because of physical disability or difficulties with reading or writing.
(2) An elector referred to in subsection (1) may be assisted in voting by an election official or by a person accompanying the elector.
(3) In order to receive a ballot to be marked under this section, the following requirements must be met:
(a) the person assisting must sign a written statement giving
(i) the assisting person's name and residential address,
(ii) the name and residential address of the elector being assisted, and
(iii) if the elector being assisted is a property elector, the address of the real property in relation to which the elector is voting;
(b) a person who is not an election official must make a solemn declaration before the presiding election official that the person will
(i) preserve the secrecy of the ballot of the elector being assisted,
(ii) mark the ballot in accordance with the wishes of the elector, and
(iii) refrain from attempting in any manner to influence the elector as to how the elector should vote;
(c) if assistance is needed because the elector needs a translator to be able to read the ballot and the instructions for voting, the person assisting must make a solemn declaration in accordance with section 49 (3).
(4) The person assisting must accompany the elector to the voting compartment or other place to be used for voting, must mark the ballot in accordance with the directions of the elector and may, in the presence of the elector, fold the ballot and deposit it in the ballot box.
(5) Candidates, candidate representatives and financial agents must not assist in marking a ballot.
(6) A person does not vote by assisting under this section.
122 (1) This section applies to electors who come to a voting place to vote but who are unable to enter the voting place because of physical disability or impaired mobility.
(2) An elector referred to in subsection (1) may request to vote at the nearest location to the voting place to which the elector has access.
(3) If a request is made, the presiding election official or another election official designated by the presiding election official must attend the elector at the nearest location to the voting place for the purpose of allowing the elector to meet the requirements under section 115 to obtain a ballot.
(4) The election official must ensure that the elector's marked ballot is placed in the appropriate ballot box, taking whatever steps the official considers necessary to maintain the secrecy of the ballot.
(5) The presiding election official may temporarily suspend voting proceedings in order to allow an elector to vote under this section.
(6) The presiding election official may have separate ballot boxes available for the purposes of this section, and these ballot boxes are not to be considered to be ballot boxes in use for the purposes of determining the number of candidate representatives who may be present at a voting place under section 110.
Division (13) - Counting of the Vote
123 (1) The counting of the votes on ballots for an election must not take place until the close of general voting for the election, but must take place as soon as possible after this time.
(2) The counting of the votes on ballots used for general voting is to be conducted at the voting place where the ballot boxes containing them are located unless the chief election officer directs that the counting is to take place at another location.
(3) The counting of the votes on ballots other than those referred to in subsection (2) is to be conducted at a place specified by the chief election officer.
(4) The chief election officer must notify the candidates in an election of any place other than a voting place referred to in subsection (2) at which the counting of the votes for the election is to be conducted.
124 (1) A presiding election official and at least one other election official must be present while counting proceedings are being conducted.
(2) Candidates in an election are entitled to be present when counting proceedings for the election are being conducted.
(3) For each place where the votes on ballots for an election are being counted, at each location within that place where ballots are being considered, one candidate representative for each candidate in the election is entitled to be present.
(4) No persons other than those referred to in subsections (2) and (3) and election officials taking part in the counting may be present when counting proceedings are being conducted, unless permitted by the presiding election official.
125 (1) The counting of the votes on ballots for an election must be conducted by the presiding election official or, except as limited by subsection (2), by other election officials under the supervision of the presiding election official.
(2) The presiding election official must personally deal with all ballots rejected under section 129 or objected to under section 130.
126 (1) As the first step in the counting of the votes on ballots in a ballot box, the ballot box is to be opened by an election official in the presence of at least one witness.
(2) If the seals on a ballot box are not intact when it is opened under subsection (1),
(a) the ballots in the ballot box must not be combined under section 127, and
(b) the ballots in the ballot box must be counted separately and a separate ballot account and separate ballot packages for the ballots must be prepared.
127 (1) After ballot boxes are opened under section 126, the ballots in them may be combined in accordance with this section.
(2) The election official responsible for the counting may combine ballots in different ballot boxes together in a single ballot box as follows:
(a) ballots in a ballot box used at a required general voting opportunity may be combined with ballots in other ballot boxes used at the same required general voting opportunity;
(b) ballots in a ballot box used at an additional general voting opportunity may be combined with ballots in other ballot boxes used at the same or another additional general voting opportunity;
(c) ballots in a ballot box used at an advance voting opportunity may be combined with ballots in other ballot boxes used at the same or another advance voting opportunity;
(d) ballots in a ballot box used for a special voting opportunity may be combined with ballots in other ballot boxes used at the same or another special voting opportunity;
(e) ballots in a ballot box used for mail ballots may be combined with ballots in other ballot boxes used for mail ballots;
(f) if some of the ballots in a ballot box are for a different election than the one for which the ballot box was intended, the election official may combine the ballots that do not belong in the ballot box with ballots in the appropriate ballot box.
(3) For the purpose of preserving the secrecy of the ballot, if there would be fewer than 25 ballots in a ballot box after combination under subsection (2), the presiding election official may combine those ballots with ballots in any other ballot box.
(4) Except for combination under this section,
(a) the votes on each class of ballots referred to in subsection (2) must be counted separately from the votes on ballots in any other class, and
(b) a separate ballot account under section 131 and separate ballot packages under section 132 must be prepared for each class of ballots referred to in subsection (2).
128 (1) All ballots in each ballot box must be considered in accordance with this section.
(2) As each ballot for an election is considered, it must be placed in such a manner that the persons present at the counting are able to see how the ballot is marked.
(3) Unless rejected under section 129 (4), a mark referred to in section 129 (1) on a ballot for an election must be accepted and counted as a valid vote.
(4) Counting must proceed as continuously as is practical and the votes must be recorded.
(5) The presiding election official must endorse ballots to indicate the following as applicable:
(a) that the ballot was rejected under section 129 in relation to an election;
(b) that the rejection of the ballot was objected to under section 130;
(c) that a mark on the ballot was accepted as a valid vote but the acceptance was objected to under section 130.
(6) An endorsement under subsection (5) must be made at the time the presiding election official considers the ballot and in such a manner that it does not alter or obscure the elector's marking on the ballot.
129 (1) The following are marks that are to be accepted and counted as valid votes for an election unless the ballot is rejected under subsection (4):
(a) a mark of the type required by section 119 (1) (b);
(b) a tick mark that is placed in the location required by section 119 (1) (b);
(c) a mark of the type required by section 119 (1) (b) that is out of or partly out of the location on the ballot in which it is required to be put by that provision, as long as the mark is placed in such a manner as to indicate clearly the intent of the elector to vote for a particular candidate;
(d) a tick mark that is placed as described in paragraph (c).
(2) A mark on a ballot other than a mark referred to in subsection (1) must not be accepted and counted as a valid vote.
(3) If a ballot is in the form of a composite ballot under section 104 (2) (a), for the purposes of subsections (1) and (2) of this section each portion of the ballot that deals with a single election is to be considered a separate ballot.
(4) Ballots must be rejected as invalid in accordance with the following:
(a) a ballot must be rejected in total if it appears that the ballot physically differs from the ballots provided by the chief election officer for the election;
(b) a ballot must be rejected in total if there are no marks referred to in subsection (1) on it;
(c) a ballot must be rejected in total if the ballot is uniquely marked, or otherwise uniquely dealt with, in such a manner that the elector could reasonably be identified;
(d) a ballot must be rejected in total if more than one form of mark referred to in subsection (1) is on the ballot;
(e) a ballot is to be rejected in relation to an election if there are more marks referred to in subsection (1) for the election on the ballot than there are candidates to be elected.
(5) In the case of a ballot that is part of a ballot set under section 104 (2) (b), the ballot is not to be rejected under subsection (4) (a) solely on the basis that the ballot is part of an incomplete ballot set or that the ballot has become separated from its ballot set.
130 (1) A candidate or candidate representative may object to a decision to accept a vote or reject a ballot, with the objection recorded in accordance with section 128 (5) and (6).
(2) An objection must be made at the time the ballot is considered.
(3) The decision of the presiding election official regarding the acceptance of a vote or the rejection of a ballot may not be challenged except as provided in this section and the decision may only be changed by the chief election officer under section 135 or on a judicial recount.
131 (1) Once all counting at a place is completed, ballot accounts for each election must be prepared in accordance with this section and signed by the presiding election official.
(2) A ballot account must include the following:
(a) the office to be filled by the election;
(b) the number of valid votes for each candidate in the election;
(c) the number of ballots received by the presiding election official from the chief election officer for use at the voting opportunity;
(d) the number of ballots given to electors at the voting opportunity;
(e) the number of ballots for which marks were accepted as valid votes for the election without objection;
(f) the number of ballots for which marks were accepted as valid votes, subject to an objection under section 130;
(g) the number of ballots rejected as invalid without objection;
(h) the number of ballots rejected as invalid, subject to an objection under section 130;
(i) the number of spoiled ballots that were cancelled and replaced under section 118;
(j) the number of unused ballots;
(k) the number of ballots added under section 127 (3) to the ballots for which the ballot account is prepared;
(l) the number of ballots not accounted for.
(3) A copy of the ballot account must be prepared and signed by the presiding election official and included with the election materials under section 133.
132 (1) The presiding election official, or an election official under the supervision of the presiding election official, must separately package each of the following classes of ballots for delivery to the chief election officer:
(a) ballots that were rejected in total, subject to an objection regarding the rejection;
(b) ballots that were rejected in part, subject to an objection regarding the rejection or regarding the acceptance of a vote;
(c) ballots that were subject to an objection regarding the acceptance of a vote, unless included in a package under paragraph (b);
(d) ballots that were rejected in total without objection;
(e) ballots that were rejected in part without objection to the rejection or the acceptance of a vote;
(f) ballots for which all votes were accepted without objection;
(g) spoiled ballots that were cancelled and replaced under section 118;
(h) unused ballots.
(2) Each ballot package must be clearly marked as to its contents and sealed by the presiding election official.
(3) Candidates and candidate representatives present at the proceedings are entitled to add their seals to a ballot package.
(4) If ballot boxes are used as ballot packages, they must be sealed in accordance with section 111.
133 (1) After the ballot accounts are completed and the sealed ballot packages prepared, the following must be placed in ballot boxes from which the counted ballots were taken:
(a) the sealed ballot packages, if these are not ballot boxes themselves;
(b) the copy of the ballot account prepared under section 131 (3);
(c) the voting books;
(d) any copies of the list of registered electors used for the purposes of voting proceedings;
(e) any records required by or under this Part to be made during voting proceedings;
(f) any stubs for ballots given to electors;
(g) any solemn declarations taken and any signed written statements required by or under this Part in relation to voting proceedings.
(2) The ballot boxes in which the election materials are placed must be sealed in accordance with section 111 and must not be opened until after the declaration of the results of the election under section 136 except by the chief election officer for the purposes of section 135 (4).
(3) If votes for an election are counted at more than one place, the presiding election official must deliver to the chief election officer, in the manner instructed by the chief election officer, the original of the ballot account, the sealed ballot boxes and all other ballot boxes in the custody of the presiding election official.
134 (1) The chief election officer may announce preliminary results of an election before the determination under section 135 is completed.
(2) Preliminary results must be based on the ballot accounts prepared under section 131, determined by calculating the total number of valid votes for each candidate in the election as reported on the ballot accounts.
135 (1) As the final counting proceeding subject to a judicial recount, the chief election officer must determine the results of an election in accordance with this section.
(2) The chief election officer must notify the candidates in an election of the date, time and place when the determination is to be made and the candidates are entitled to be present when those proceedings take place.
(3) The chief election officer must begin the determination by reviewing the ballot accounts or by having them reviewed by election officials authorized by the chief election officer.
(4) The chief election officer may verify the results indicated by a ballot account by counting the votes on all or some of the ballots for the election, including reviewing the decision of a presiding election official regarding the acceptance of some or all of the votes or the rejection of some or all of the ballots.
(5) The chief election officer may be assisted in counting under subsection (4) by other election officials, but must personally make all decisions regarding the acceptance of votes or the rejection of ballots that were subject to objection under section 130.
(6) The chief election officer may reverse a decision of another election official regarding the acceptance of a vote or the rejection of a ballot made at the original consideration of the ballot and, if this is done, the chief election officer must endorse the ballot with a note of this.
(7) The chief election officer or an election official authorized by the chief election officer must either mark on the original ballot accounts any changes made under this section or prepare a new ballot account of the results of the counting under subsection (4).
(8) On the basis of the ballot accounts, as amended or prepared under subsection (7) if applicable, the chief election officer must prepare a statement of the total number of votes for each candidate in the election.
(9) A decision of the chief election officer under this section may only be changed on a judicial recount.
(10) If a ballot box or ballot package is opened for the purposes of subsection (4), the contents must be replaced and it must be resealed during any adjournment and at the end of the review of the contents.
136 (1) Before 4 p.m. on the 4th day following the close of general voting, the chief election officer must declare the results of the election as determined under section 135.
(2) The results must be declared as follows:
(a) in the case of an election for an office to which one person is to be elected, the chief election officer must declare elected the candidate who received the highest number of valid votes for the office;
(b) in the case of an election for an office to which more than one person is to be elected, the chief election officer must declare elected the candidates who received the highest number of valid votes for the office, up to the number of candidates to be elected.
(3) As an exception, if a candidate cannot be declared elected because there is an equality of valid votes for 2 or more candidates, the chief election officer must declare that the election is to be referred to a judicial recount.
137 (1) No candidate declared elected under section 136 is entitled to make the oath of office under section 211 until the time period for making an application for a judicial recount has ended.
(2) If an application for a judicial recount of an election is made, a candidate declared elected in the election is not entitled to make the oath of office until the recount has been completed and the candidate's election has been confirmed unless permitted by the court under subsection (3).
(3) The Provincial Court may, on application, authorize a candidate who has been declared elected to make the oath of office if the court is satisfied that the candidate's election will not be affected by the results of the judicial recount.
Division (14) - Judicial Recount
138 (1) An application may be made in accordance with this section for a judicial recount to be undertaken by the Provincial Court of some or all of the votes in an election.
(2) Except as provided in subsection (5), an application may only be made on one or more of the following bases:
(a) that votes were not correctly accepted or ballots were not correctly rejected as required by the rules of section 129;
(b) that a ballot account does not accurately record the number of valid votes for a candidate;
(c) that the final determination under section 135 did not correctly calculate the total number of valid votes for a candidate.
(3) The time period during which an application may be made is limited to the time between the declaration of official election results under section 136 and 9 days after the close of general voting.
(4) The application may only be made by
(a) an elector of the jurisdiction for which the election was held,
(b) a candidate in the election or a candidate representative of a candidate in the election, or
(c) the chief election officer.
(5) An application must be made by the chief election officer if, at the end of the determination of official election results under section 135, a candidate cannot be declared elected because there is an equality of valid votes for 2 or more candidates.
(6) The document commencing an application must set out briefly the facts on which the application is based and must be supported by affidavit as to those facts.
(7) At the time an application is commenced, a time must be set for the recount that is adequate to allow the court to complete the recount within the time limit set by section 139.
(8) The person making the application must notify affected persons
(a) by immediately notifying the chief election officer and the affected candidates in the election, if any, that a judicial recount will be conducted at the time set under subsection (7), and
(b) within 24 hours of filing the document commencing the application, by delivering to these persons copies of that document, the accompanying affidavit and a notice of the time for the recount.
139 (1) A judicial recount must be conducted in accordance with this section and completed by the end of 13 days after the close of general voting.
(2) The person who made the application for the recount, the chief election officer, the candidates in the election and the official agents and counsel of the candidates are entitled to be present at a judicial recount and other persons may be present only if permitted by the court.
(3) The chief election officer must bring to the recount all ballot accounts used for the determination of official election results under section 135 and the ballot boxes containing the ballots for which the recount is requested.
(4) In conducting a recount, the court must open the ballot boxes containing the ballots for which the recount is requested, count those ballots in accordance with sections 128 and 129 and confirm or change the ballot accounts in accordance with the counting.
(5) In its discretion, the court may count other ballots in addition to those for which the recount was requested and, for this purpose, may require the chief election officer to bring other ballot boxes.
(6) The court may appoint persons to assist in the recount.
(7) As exceptions to the obligation to conduct a recount in accordance with the other provisions of this section,
(a) if the person who made the application for the recount, the chief election officer and the candidates present at the recount agree, the court may restrict the ballots to be recounted as agreed by these persons at that time, or
(b) if the court determines on the basis of the ballot accounts that the results of a recount of the ballots, if it were conducted, would not materially affect the results of the election, the court may confirm the results of the election and take no further action under this section.
(8) Unless otherwise directed by the court, the ballot boxes at a judicial recount must remain in the custody of the chief election officer.
(9) During a recess or adjournment of a judicial recount and after the completion of the judicial recount, the ballot boxes must be resealed in accordance with section 111 by the person having custody of them and may be additionally sealed by other persons present.
140 (1) At the completion of a judicial recount, the court must declare the results of the election.
(2) The results declared under subsection (1) or following a determination by lot under section 141 are final, subject only to a declaration under section 145 that the election was invalid, and may not be appealed.
(3) All costs, charges and expenses of and incidental to an application for judicial recount, including the recount and any other proceedings following from the application, must be paid by the local government, the applicant and the persons notified of the application under section 138 (8), or any of them, in the proportion the court determines.
(4) At the conclusion of a judicial recount, the court must make an order for the purposes of subsection (3) having regard to any costs, charges or expenses that, in the opinion of the court, were caused by vexatious conduct, unfounded allegations or unfounded objections on the part of the applicant or the persons who were given notice.
(5) In relation to subsection (3), the court may order that the costs be determined in the same manner as costs within the meaning of the Rules of Court for the Supreme Court.
141 (1) A local government may, by bylaw, provide that, if at the completion of a judicial recount the results of the election cannot be declared because there is an equality of valid votes for 2 or more candidates, the results will be determined by lot in accordance with this section rather than by election under section 142.
(2) If a bylaw under subsection (1) applies and there is an equality of votes as described in that subsection, the results of the election are to be determined, as the conclusion of the judicial recount, by lot between those candidates in accordance with the following:
(a) the name of each candidate is to be written on a separate piece of paper, as similar as possible to all other pieces prepared for the determination;
(b) the pieces of paper are to be folded in a uniform manner in such a way that the names of the candidates are not visible;
(c) the pieces of paper are to be placed in a container that is sufficiently large to allow them to be shaken for the purpose of making their distribution random, and the container is to be shaken for this purpose;
(d) the court is to direct a person who is not a candidate or candidate representative to withdraw one paper;
(e) the court is to declare elected the candidate whose name is on the paper that was drawn.
142 (1) If at the completion of a judicial recount the results of the election cannot be declared because there is an equality of valid votes for 2 or more candidates, a runoff election must be held in accordance with this section unless a bylaw under section 141 applies.
(2) Except as provided in this section, this Part applies to a runoff election under subsection (1).
(3) The candidates in the runoff election are to be the unsuccessful candidates in the original election who do not withdraw, and no new nominations are required or permitted.
(4) As soon as possible after the judicial recount, the chief election officer must notify the candidates referred to in subsection (3) that an election is to be held and that they are candidates in the election unless they deliver a written withdrawal to the chief election officer within 3 days after being notified.
(5) The chief election officer must set a general voting day for the runoff election, which must be on a Saturday no later than 50 days after the completion of the judicial recount.
(6) If advance registration would otherwise be permitted, the closed period under section 57 (4) extends until the day after the close of general voting for the election under this section.
(7) No new list of registered electors is required and sections 63 to 65 do not apply.
(8) So far as reasonably possible, election proceedings must be conducted as they were for the original election except that, if voting under section 102 was used for the original election, it is not necessary to use this for the election under this section.
(9) Without limiting subsection (8), so far as reasonably possible, voting opportunities equivalent to those provided for the original election must be held and, for these, no new bylaws under this Part are required.
Division (15) - Declaration of Invalid Election
143 (1) The right of an elected candidate to take office or the validity of an election may not be challenged except by an application under this section.
(2) An application may be made in accordance with this section to the Supreme Court for a declaration regarding the right of a person to take office or the validity of an election.
(3) The time limit for making an application is 30 days after the declaration of official election results under section 136.
(4) An application may be made only by a candidate in the election, the chief election officer or at least 4 electors of the jurisdiction for which the election was held.
(5) An application may be made only on one or more of the following bases:
(a) that a candidate declared elected was not qualified to hold office at the time he or she was elected or, between the time of the election and the time for taking office, the candidate has ceased to be qualified to hold office;
(b) that an election should be declared invalid because it was not conducted in accordance with this Act or a regulation or bylaw under this Act;
(c) that an election or the election of a candidate should be declared invalid because section 151 or 152 was contravened.
(6) As a restriction on subsection (5) (b), an application may not be made on any basis for which an application for judicial recount may be or may have been made.
(7) At the time the petition commencing an application is filed, the court registry must set a date for the court to hear the application, which must be at least 10 days but no later than 21 days after the date the petition is filed.
(8) As soon as possible but no later than 2 days after a petition is filed, the person making the application must serve the petition and the notice of hearing on the clerk of the municipality or the secretary of the regional district for which the election was held.
(9) If a candidate affected by an application files a written statement renouncing all claim to the office to which the candidate was elected, the court may permit the petition for the application to be withdrawn unless it is based on an allegation that the candidate who has renounced the office contravened section 151 or 152.
144 (1) The Supreme Court must hear and determine an application under section 143 as soon as possible and, for these purposes, must ensure that the proceedings are conducted as expeditiously as possible.
(2) If the application is based on a claim that section 151 or 152 was contravened, the evidence regarding that claim must be given orally by witnesses rather than by affidavit.
145 (1) On the hearing of an application under section 143 regarding the qualification of an elected candidate to take office, the court may
(a) declare that the candidate is confirmed as qualified to take and hold office,
(b) declare that the candidate is not qualified to hold office and that the office is vacant, or
(c) declare that the candidate is not qualified to hold office and that the candidate who received the next highest number of valid votes is elected in place of the disqualified candidate.
(2) On the hearing of an application under section 143 regarding the validity of an election, the court may
(a) declare that the election is confirmed as valid,
(b) declare that the election is invalid and that another election must be held to fill all positions for that office that were to be filled in the election that was declared invalid,
(c) declare that the election of a candidate is invalid and that the office is vacant, or
(d) declare that the election of a candidate is invalid and that another candidate is duly elected.
(3) The court must not declare an election invalid by reason only of an irregularity or failure to comply with this Act or a regulation or bylaw under this Act if the court is satisfied that
(a) the election was conducted in good faith and in accordance with the principles of this Act, and
(b) the irregularity or failure did not materially affect the result of the election.
(4) The court may confirm the election of a candidate in relation to which the court finds there was a contravention of section 151 or 152 if the court is satisfied that
(a) the candidate did not contravene the applicable section, and
(b) the contravention did not materially affect the result of the election.
(5) If the court declares that a candidate is not qualified to hold office or that the election of a candidate is invalid, the court may order the candidate to pay the municipality or regional district for which the election was held a sum of money not greater than $20 000 towards the expenses for the election required to fill the vacancy.
(6) If the court makes a declaration under subsection (1) (c) or (2) (d) that another candidate is elected, the candidate who is replaced ceases to be entitled to take or hold the office and the other candidate declared elected is entitled to take the office.
146 (1) If the court declares that a candidate is not qualified to hold office or that an election is invalid, the costs, within the meaning of the Rules of Court, of the persons who made the application under section 143 must be paid promptly by the municipality or regional district for which the election was held.
(2) The court may order that costs to be paid under subsection (1) may be recovered by the municipality or regional district from any other person as directed by the court in the same manner as a judgment of the Supreme Court.
(3) Except as provided in subsection (1), the costs of an application are in the discretion of the court.
147 (1) A person affected by an application under section 143 who has been declared elected is entitled to take office and to vote and otherwise act in the office unless the court declares the candidate disqualified and the office vacant.
(2) A person who is declared disqualified to hold office by the Supreme Court and who appeals the decision remains disqualified until the final determination of the appeal.
(3) If the person is declared qualified to hold office on the final determination of the appeal, the court may order that any money paid under section 145 (5) be repaid with interest as directed by the court.
(4) A person who is declared qualified to hold office on the final determination of an appeal is entitled,
(a) if the term of office for which the person was elected has not ended, to take office for any unexpired part of the term and, for this purpose, any person elected or appointed to the office since the declaration of disqualification ceases to hold office at the time the person declared qualified takes office, and
(b) if the term of office for which the person was elected is expired, to be elected at any following election if otherwise qualified.
Division (16) - Final Proceedings
148 (1) Within 30 days after the declaration of official election results under section 76 for an election by acclamation or under section 136 for an election by voting, the chief election officer must submit a report of the election results to the local government.
(2) In the case of an election by voting, the report under subsection (1) must include a compilation of the information on the ballot accounts for the election.
(3) If the results of the election are changed by a judicial recount or on an application under section 143 after the report under subsection (1) is submitted, the municipal clerk or regional district secretary, as applicable, must submit to the local government a supplementary report reflecting the changed results.
149 (1) Within 30 days after elected candidates have taken office, the municipal clerk or regional district secretary, as applicable, must submit the names of the elected officials to the Gazette for publication.
(2) Within 30 days after persons appointed to local government have taken office, the municipal clerk or regional district secretary, as applicable, must submit the names of the appointed officials to the Gazette for publication.
150 (1) Until the end of the period for conducting a judicial recount, the chief election officer
(a) must keep the sealed ballot packages delivered under section 133 in the officer's custody,
(b) is responsible for retaining the nomination documents under section 72, other than the written disclosure under the Financial Disclosure Act, and
(c) is responsible for retaining the remainder of the election materials delivered under section 133.
(2) After the end of the period for conducting a judicial recount, the municipal clerk or regional district secretary, as applicable, is responsible for retaining the materials referred to in subsection (1).
(3) From the time of the declaration of the official election results under section 136 until 30 days after that date the following election materials must be available for public inspection at the local government offices during regular office hours:
(a) the nomination documents for candidates in the election;
(b) the voting books used for the election;
(c) any copies of the list of registered electors used for the purposes of voting proceedings;
(d) any records required by or under this Part to be made during voting proceedings;
(e) any solemn declarations taken and any signed written statements or declarations required by or under this Part in relation to voting proceedings.
(4) Before inspecting materials referred to in subsection (3), a person other than a local government officer or employee acting in the course of duties must sign a statement that the person will not inspect the materials except for the purposes of this Act.
(5) The municipal clerk or regional district secretary, as applicable, must ensure that the statements referred to in subsection (4) are kept until after general voting day for the next general local election.
(6) The following materials must be destroyed as soon as possible following 8 weeks after the declaration of the official election results under section 136:
(a) the nomination documents under section 72 for the unsuccessful candidates in the election;
(b) the ballots used in the election;
(c) any stubs for ballots used in the election;
(d) any copies of the list of registered electors used for the purposes of voting proceedings;
(e) the voting books used in the election;
(f) any solemn declarations and any written statements or declarations in relation to voting proceedings.
(7) As exceptions, subsection (6) does not apply
(a) if otherwise ordered by a court, or
(b) if the materials relate to an election that is the subject of an application under section 143, until the final determination of that application or the court authorizes their destruction.
Division (17) - Election Offences
151 (1) In this section "inducement" includes money, gift, valuable consideration, refreshment, entertainment, office, placement, employment and any other benefit of any kind.
(2) A person must not pay, give, lend or procure inducement for any of the following purposes:
(a) to induce a person to vote or refrain from voting;
(b) to induce a person to vote or refrain from voting for or against a particular candidate;
(c) to reward a person for having voted or refrained from voting as described in paragraph (a) or (b);
(d) to procure or induce a person to attempt to procure the election of a particular candidate, the defeat of a particular candidate or a particular result in an election;
(e) to procure or induce a person to attempt to procure the vote of an elector or the failure of an elector to vote.
(3) A person must not accept inducement
(a) to vote or refrain from voting,
(b) to vote or refrain from voting for or against a particular candidate, or
(c) as a reward for having voted or refrained from voting as described in paragraph (a) or (b).
(4) A person must not advance, pay or otherwise provide inducement, or cause inducement to be provided, knowing or with the intent that it is to be used for any of the acts prohibited by this section.
(5) A person must not offer, agree or promise to do anything otherwise prohibited by this section.
(6) A person prohibited from doing something by this section must not do the prohibited act directly, indirectly or by another person on behalf of the first person.
152 (1) In this section "intimidate" means to do or threaten to do any of the following:
(a) use force, violence or restraint against a person;
(b) inflict injury, harm, damage or loss on a person or property;
(c) otherwise intimidate a person.
(2) A person must not intimidate another person for any of the following purposes:
(a) to persuade or compel a person to vote or refrain from voting;
(b) to persuade or compel a person to vote or refrain from voting for or against a particular candidate;
(c) to punish a person for having voted or refrained from voting as described in paragraph (a) or (b).
(3) A person must not, by abduction, duress or fraudulent means, do any of the following:
(a) impede, prevent or otherwise interfere with a person's right to vote;
(b) compel, persuade or otherwise cause a person to vote or refrain from voting;
(c) compel, persuade or otherwise cause a person to vote or refrain from voting for a particular candidate.
(4) A person prohibited from doing something by this section must not do the prohibited act directly, indirectly or by another person on behalf of the first person.
153 (1) In relation to nominations, a person must not do any of the following:
(a) contravene section 72 (3);
(b) before or after an election, purport to withdraw a candidate from an election without authority to do so or publish or cause to be published a false statement that a candidate has withdrawn.
(2) In relation to voting, a person must not do any of the following:
(a) vote at an election when not entitled to do so;
(b) contravene section 114 (1) regarding voting more than once in an election;
(c) obtain a ballot in the name of another person, whether the name is of a living or dead person or of a fictitious person;
(d) contravene section 113 (2) regarding the secrecy of the ballot.
(3) In relation to ballots and ballot boxes, a person must not do any of the following:
(a) without authority supply a ballot to another person;
(b) without authority print or reproduce a ballot or a paper that is capable of being used as a ballot;
(c) without authority take a ballot out of a place where voting proceedings are being conducted;
(d) put in a ballot box, or cause to be put in a ballot box, a paper other than a ballot that the person is authorized to deposit there;
(e) interfere with voting under section 102 contrary to the applicable bylaw and regulations;
(f) without authority destroy, take, open or otherwise interfere with a ballot box or ballots.
(4) In relation to voting proceedings, a person must not do any of the following at or within 100 metres of a building, structure or other place where voting proceedings are being conducted at the time:
(a) canvass or solicit votes or otherwise attempt to influence how an elector votes;
(b) carry, wear or supply a flag, badge or other thing indicating that the person using it is a supporter of a particular candidate or elector organization;
(c) display or distribute a sign, a document or other material regarding a candidate or elector organization, except as authorized by the chief election officer;
(d) display, distribute, post or openly leave a representation of a ballot marked for a particular candidate in an election.
(5) In relation to campaign contributions and election expenses within the meaning of Division (8), a person must not do any of the following:
(a) accept a campaign contribution in contravention of section 86;
(b) make a campaign contribution in contravention of section 87;
(c) as a financial agent of a candidate or elector organization, file a false disclosure statement under section 90.
(6) In relation to any matter or proceeding to which this Part applies, a person must not do any of the following:
(a) provide false or misleading information when required or authorized by or under this Part to provide information;
(b) make a false or misleading statement or declaration when required by or under this Part to make a statement or declaration;
(c) inspect a list of registered electors or nomination documents or other election materials, or use the information from any of them, except for the purposes of this Act;
(d) be present at a place where voting or counting proceedings are being conducted, unless authorized by or under this Part to be present;
(e) impede or obstruct an election official or other person in performing duties and exercising powers given to the person by or under this Part.
(7) A person who is an election official must not contravene this Part with the intention of affecting the result or validity of an election.
154 (1) A person who contravenes section 151 or 152 is guilty of an offence and is liable to one or more of the following penalties:
(a) a fine of not more than $10 000;
(b) imprisonment for a term not longer than 2 years;
(c) a prohibition for a period of not longer than 6 years from holding an elected local government office;
(d) a prohibition for a period of not longer than 6 years from voting in local government elections.
(2) A person who contravenes section 153 is guilty of an offence and is liable to one or more of the following penalties:
(a) a fine of not more than $5 000;
(b) imprisonment for a term not longer than one year;
(c) a prohibition for a period of not longer than 6 years from holding an elected local government office;
(d) a prohibition for a period of not longer than 6 years from voting in local government elections.
(3) Any penalty under this Division is in addition to and not in place of any other penalty provided in this Part.
Division (18) - General
155 (1) If the minister considers that special circumstances regarding an election require this, the minister may make any order the minister considers appropriate to achieve the purposes of this Part, including an order providing an exception to this Act or a bylaw or regulation under this Act.
(2) Without limiting subsection (1), the minister may make an order extending a time period or establishing a new date in place of a date set by or under this Act and giving any other directions the minister considers appropriate in relation to this.
156 (1) The Lieutenant Governor in Council may make regulations, including regulations for any matter for which regulations are contemplated by this Part.
(2) Without limiting subsection (1), the Lieutenant Governor in Council may make regulations as follows:
(a) prescribing information that must be included under section 56 in an application for registration as an elector, which may be different for resident electors and property electors;
(b) for the purposes of section 67,
(i) deeming a described class of persons to be employees of a municipality or regional district, and
(ii) excepting a described class of persons as excluded from the definition of "employee", which may be different for different specified municipalities and regional districts;
(c) prescribing information that must be included in the notice of nomination under section 70, which may be different for municipalities and regional districts and may be different for municipal elections at large and on the basis of a neighbourhood constituency;
(d) prescribing matters that must be included in the solemn declaration under section 79 regarding elector organization endorsement of a candidate;
(e) prescribing information regarding election expenses to be included in a disclosure statement under section 90 (3) (e);
(f) establishing requirements, limits and conditions in relation to voting by mail ballot under section 100, which may be different for municipalities and regional districts;
(g) establishing requirements, limits and conditions in relation to voting under section 102, which may be different for different specified municipalities and regional districts;
(h) establishing requirements, limits and conditions in relation to municipal voting divisions under section 103, which may be different for municipalities of different population sizes;
(i) prescribing one or more alternative forms in which a specified solemn declaration must be made.
PART 3 -- OTHER VOTING
Division (1) - Interpretation
157 The definitions in Part 2 apply to this Part and, in addition, in this Part "other voting" means voting on a matter referred to in section 158;
"voting area" means the area for which the other voting is to be conducted.
158 (1) This Part applies to
(a) voting on a bylaw or other matter for which assent of the electors is required,
(b) voting on a bylaw or other matter for which the local government is authorized by this or another Act to obtain the assent of the electors, unless otherwise provided by the authorizing enactment, and
(c) voting on a referendum under section 283 or 790.1.
(2) Except as otherwise provided, Part 2 applies to voting referred to in subsection (1) as if the other voting for the voting area were an election for a jurisdiction and, for certainty, Division (17) of that Part regarding offences applies to other voting.
Division (2) - Assent of the Electors
159 (1) Unless otherwise provided in this Act, if assent of the electors to a bylaw or other matter is required or wanted, that assent is obtained only if a majority of the votes counted as valid are in favour of the bylaw or question.
(2) If a bylaw that requires the assent of the electors does not receive that assent, no bylaw for the same purpose may be submitted to the electors within a period of 6 months from the last submission except with the minister's approval.
(3) Despite section 27 (4) of the Interpretation Act, a bylaw to which that section applies in relation to assent of the electors may be amended or repealed without the assent of the electors if the minister approves.
160 (1) A bylaw submitted for the assent of electors must be for only one distinct purpose, although the bylaw may include purposes incidental to the main purpose.
(2) If 2 or more bylaws are submitted at the same time for assent of the electors, each bylaw must be voted on as a separate question unless otherwise provided in this Act.
Division (3) - Other Voting Proceedings
161 (1) In order to vote at other voting, a person must meet both the following requirements:
(a) the person must meet the qualifications of section 51 as a resident elector, or section 52 as a property elector, in relation to the voting area for which the other voting is to be conducted;
(b) the person must be registered in accordance with subsection (2).
(2) To vote in other voting a person must
(a) be registered, on or before the date established under subsection (5) (a) if applicable, as an elector of the jurisdiction to which the person's qualifications referred to in subsection (1) (a) relate, or
(b) register immediately before voting, as applicable, either
(i) as an elector of the jurisdiction to which the person's qualifications referred to in subsection (1) (a) relate, or
(ii) as an elector for the purposes of the other voting only.
(3) A person may vote only once on a question submitted for other voting, even though the voting is conducted in more than one voting area and the person is entitled to vote in relation to more than one voting area.
(4) Registration referred to in subsection (2) (b) (ii) is effective only for the other voting being conducted at that time.
(5) If general voting day for other voting is not general voting day for an election for a jurisdiction in which the other voting is to be conducted and advance registration for the jurisdiction is available under section 57,
(a) the chief election officer must establish for the jurisdiction a date after which registration as an elector of the jurisdiction will not entitle the person to vote at the other voting and the person must instead register under subsection (2) (b) in order to vote, and
(b) sections 63 (3), (6) and (7), 64 and 65 do not apply to the jurisdiction in relation to the other voting.
(6) If subsection (5) applies, at least 6 but not more than 30 days before the date established under paragraph (a) of that subsection, the chief election officer must give notice in accordance with section 45 of
(a) how a person may register in advance, and
(b) the date after which advance registration will not apply for the purposes of the other voting.
162 (1) An authority in or under this or any other Act for the Lieutenant Governor in Council, a minister or the inspector to require a bylaw or other matter to be submitted for assent of the electors includes the authority to set a general voting day for obtaining that assent, subject to the restriction that general voting day must be on a Saturday.
(2) Unless general voting day is set under subsection (1), the chief election officer must set general voting day for other voting to be on a Saturday in accordance with the following:
(a) in the case of a bylaw directed by the Lieutenant Governor in Council, a minister or the inspector to be submitted for the assent of electors, not more than 80 days after the day of the direction;
(b) in the case of a bylaw requiring the approval of the Lieutenant Governor in Council, the inspector or a minister, not more than 80 days after the day of the approval or, if there is more than one approval required, of the last approval;
(c) in the case of other bylaws, not more than 80 days after the day the bylaw receives third reading;
(d) in the case of another matter, not more than 80 days after adoption of the authorizing bylaw.
163 (1) In order for a bylaw under this Part or a bylaw referred to in section 40 to apply in relation to other voting, the bylaw must be adopted at least 6 weeks before general voting day for the other voting.
(2) Unless subsection (3) or (4) applies, voting opportunities for the other voting are those established by or under Part 2 for the other voting.
(3) Voting opportunities in the voting area must be the same as for an election for a jurisdiction if
(a) general voting day for the other voting is the same as general voting day for the election,
(b) a voting area for the other voting is all or part of the jurisdiction, and
(c) the jurisdiction is responsible for conducting the other voting.
(4) As an exception to section 97 (2) (b) for a voting area with a population of more than 5 000, a regional district board may, by bylaw, limit advance voting opportunities to the required advance voting opportunity under section 97 (2) (a) if all the following circumstances apply to the other voting:
(a) mail ballot voting is available under section 100 (3) (b);
(b) the area specified for the purposes of section 100 (3) (b) includes all of the voting area for the other voting;
(c) the voting area is part but not all of an electoral area;
(d) general voting day for the other voting is not the same as general voting day for an election in the jurisdiction.
164 (1) In place of a notice of election under section 77, at least 6 but not more than 30 days before general voting day for other voting, the chief election officer must issue a notice of voting under this section in accordance with section 45.
(2) In addition to subsection (1), throughout the period between the 30th day before general voting day and general voting day, the notice of other voting must be available for public inspection during its regular office hours in the local government offices of each jurisdiction in which the other voting is to be conducted and may be made available at other locations and times as the chief election officer considers appropriate.
(3) A notice of voting must include the following information:
(a) the question that is to be voted on;
(b) the voting area;
(c) the qualifications required to be met in order to vote as an elector for the other voting;
(d) the date of general voting day, the voting places established under section 95 for that day and the voting hours for those places;
(e) if applicable, information required to be included under section 103 (5) regarding municipal voting divisions.
(4) If the other voting is on a bylaw submitted for the assent of the electors or is authorized by a bylaw, the notice of voting must also include the following:
(a) either a copy of the bylaw or, if approved by the local government, a synopsis of the bylaw in accordance with subsection (5);
(b) if a synopsis of the bylaw is included, a statement that the synopsis is not an interpretation of the bylaw;
(c) the dates, times and places at which the bylaw may be inspected.
(5) A synopsis under subsection (4) (a) must include
(a) in general terms, the intent of the bylaw,
(b) the area that is the subject of the bylaw, and
(c) if applicable, the amount of the borrowing authorized by the bylaw.
(6) If subsection (4) applies, a full copy of the bylaw must be available for inspection by electors
(a) during its regular office hours at the local government offices of each jurisdiction in which the other voting is to be conducted, and
(b) at each place where voting is conducted.
(7) The notice of voting may also include any other information the chief election officer considers appropriate.
165 (1) A ballot for other voting must
(a) indicate the appropriate mark to make a valid vote indicating assent or dissent, and
(b) be in a question form to which the elector may indicate assent or dissent by making the appropriate mark opposite the word "Yes" or the word "No".
(2) Unless otherwise provided by or under this or another Act, separate ballots must be prepared for each question that is to be voted on.
166 (1) As an exception to section 123, the counting of the vote for other voting may be held at a later time set by the chief election officer, as long as the ballots are counted before the date of the declaration of the other voting results under section 136.
(2) If a later time for counting is set under subsection (1), the presiding election official must ensure that the ballots are sealed in ballot boxes in accordance with section 111 and are delivered to the chief election officer with the materials referred to in section 133.
167 (1) This section applies to other voting on a regional district bylaw or other regional district matter that is to be conducted by more than one local government.
(2) The regional district board must, by bylaw,
(a) establish the question to be used for all the voting, and
(b) if applicable, set the date for the required advance voting day under section 97 (2) (b) for all voting areas other than a voting area referred to in section 163 (3) or (4).
(3) Except for a voting area referred to in section 163
(3), the bylaws under sections 96, 98 and 99 of a local government other than the regional district board do not apply and, instead, the regional district may, by bylaw, establish voting opportunities under those sections for one or more voting areas for the other voting.
(4) The regional district board must appoint
(a) a regional voting officer for the other voting, and
(b) a deputy regional voting officer for the other voting who, if the regional voting officer is absent or unable to act, must perform the duties and has the powers of the regional voting officer.
(5) The regional voting officer has the following duties and powers:
(a) to arrange for the coordination of the proceedings throughout the regional district;
(b) to set the general voting day for all voting throughout the regional district;
(c) to arrange for the preparation of the ballots for the voting;
(d) to direct the chief election officers for the local governments regarding the form and manner of notices that are required or authorized by this Act regarding the voting;
(e) to make the final determination and declaration of other voting results under sections 135 and 136 based on the results determined by the chief election officers of the local governments;
(f) to appoint the scrutineers for the final determination of other voting results and any judicial recount in accordance with section 172 (4) and (5);
(g) to apply to the minister for an order under section 155.
(6) If there is a conflict between this section or an authority under this section and another provision of this Act or an authority under this Act, this section or the authority under it prevails.
168 (1) Notices under this Part may be combined with notices under Part 2, as it applies to elections or to other voting, as long as the requirements of all applicable sections are met.
(2) Section 149, requiring the publication of election results in the Gazette, does not apply to other voting.
(3) Regulations under section 156, as it applies to other voting, may be different for different types of other voting.
Division (4) - Scrutineers
169 (1) Scrutineers for the question in other voting and scrutineers against the question must be appointed under section 172 if applications in accordance with section 171 are received from persons who wish to volunteer for the positions.
(2) Only persons entitled to vote as electors in the other voting are entitled to act as scrutineers for the other voting, but election officials must not be appointed as scrutineers for the other voting.
(3) Unless a bylaw under subsection (4) applies, only one scrutineer for the question and one scrutineer against the question may be present at each place at which scrutineers are entitled by Part 2 to be present.
(4) A local government may, by bylaw, permit additional scrutineers to be present at proceedings referred to in subsection (3), subject to any restrictions and conditions in the bylaw.
(5) As a limit on the authority under subsection (4), a bylaw under that subsection may not provide for different entitlements for scrutineers for the question and scrutineers against the question.
(6) The absence of a scrutineer from a place where proceedings for other voting are being conducted does not invalidate anything done in relation to the other voting.
170 (1) At least 6 but not more than 30 days before the application period begins, the chief election officer must issue a notice under this section in accordance with section 45.
(2) The notice must include the following information:
(a) the question that is to be voted on;
(b) the dates, times and places at which applications for scrutineers will be received;
(c) how interested persons can obtain information on the requirements and procedures for making an application.
(3) The notice may include any other information the chief election officer considers appropriate.
(4) In addition to subsection (1), from the 6th day before the application period begins until the close of the application period, the notice must be available for public inspection during its regular office hours in the local government offices of each jurisdiction in which the other voting is being conducted.
171 (1) The period for receiving applications to act as a scrutineer is the same as the nomination period under section 69.
(2) An application to act as a scrutineer for other voting must be signed by the applicant and contain the following information:
(a) the full name of the person applying;
(b) the address to which the person applying wishes to have notices sent;
(c) if required by the chief election officer, a telephone number at which the person applying may be contacted;
(d) a statement that the applicant is entitled to vote as an elector in the other voting and is entitled to act as a scrutineer for the other voting;
(e) a statement as to whether the applicant is in favour of the question or opposed to the question;
(f) any other information required to be included by a regulation under subsection (5).
(3) In order to be appointed as a scrutineer, the application to volunteer as a scrutineer must be received by the chief election officer, or a person designated by the chief election officer for this purpose, before the end of the application period under subsection (1).
(4) Section 73 applies for the purposes of this section and, for the purposes of subsection (5) of that section, the deadline for receiving the original of the application is the 29th day before general voting day.
(5) The Lieutenant Governor in Council may make regulations prescribing information that must be included in an application under this section.
172 (1) The chief election officer must
(a) on the basis of the applications received in accordance with section 171, appoint applicants in favour of the question as scrutineers for the question and applicants opposed to the question as scrutineers against the question, and
(b) assign scrutineers to each place at which scrutineers are entitled to be present under Part 2.
(2) If the number of applicants on one side of the question is fewer than the maximum allowed under section 169,
(a) all these applicants must be appointed as scrutineers in accordance with subsection (1), and
(b) a scrutineer may be assigned to more than one place if the hours or days of the proceedings at which scrutineers are entitled to be present allow this.
(3) If there are more applicants on one side of the question than the maximum allowed under section 169, the following rules apply:
(a) the scrutineers for that side must be determined by lot in accordance with the procedure used in section 107 (4) (a) to (d);
(b) the chief election officer must notify all applicants of the date, time and place of the determination by lot and these applicants are entitled to be present;
(c) names are to be drawn until the number of names drawn is equivalent to the number of scrutineers to be appointed;
(d) the persons whose names are drawn must be appointed as scrutineers in accordance with subsection (1);
(e) in the discretion of the chief election officer, additional names may be drawn of persons who may be appointed if applicants appointed under paragraph (d) are unable to act as scrutineers.
(4) In addition to the appointments under subsection (1), one scrutineer for the question and one scrutineer against the question is entitled to be present at the final determination under section 135 of the other voting and at any judicial recount of the other voting.
(5) Scrutineers referred to in subsection (4) must be appointed in accordance with the following:
(a) the appointment must be made from among those persons who acted as scrutineers under subsection (1) and who indicate that they wish to be considered for the appointment;
(b) if, for a side of the question, more than one person wishes to be considered for appointment, the choice must be made by lot in accordance with subsection (3).
(6) A scrutineer appointment must
(a) be made in writing,
(b) state the name and address of the person appointed,
(c) state the proceedings to which the scrutineer has been assigned under this section and the dates, times and places where these are to be conducted, and
(d) be signed by the chief election officer.
11 Sections 208 to 213 are repealed and the following substituted:
208 (1) Except as established under subsection (2) or by the effect of section 210 (2), the council size for municipalities must be as follows:
(a) for a city or district having a population of more than 50 000, the council is to consist of a mayor and 8 councillors;
(b) for a city or district having a population of 50 000 or less, the council is to consist of a mayor and 6 councillors;
(c) for a town or village, the council is to consist of a mayor and 4 councillors.
(2) The council of a city, district or town may, by bylaw, establish the number of members of council as a mayor and 4, 6, 8 or 10 councillors.
(3) A bylaw under subsection (2) must provide for an uninterrupted transition from the previous council.
(4) A bylaw under subsection (2) that would reduce the number of members of council must not be adopted without the assent of the electors.
(5) Except as established by a temporary order under section 38 (6) (a), the quorum for a council must be as follows:
(a) for a council consisting of 5 members, the quorum is 3 members;
(b) for a council consisting of 7 members, the quorum is 4 members;
(c) for a council consisting of 9 members, the quorum is 5 members;
(d) for a council consisting of 11 members, the quorum is 6 members.
209 (1) Unless a bylaw under subsection (2) applies, every member of a council must be elected from the municipality at large.
(2) A council may, by bylaw, provide that all or some of the councillors be elected on a neighbourhood constituency basis.
(3) A bylaw under subsection (2) must establish the areas that are to be neighbourhood constituencies and provide for an orderly transition to election on this basis.
(4) The authority under subsection (2) applies despite the letters patent of the municipality, but a bylaw under that subsection must be approved by the Lieutenant Governor in Council before it is adopted.
(5) If a neighbourhood constituency is established,
(a) the only persons who may vote as electors of the neighbourhood constituency are
(i) resident electors of the municipality who meet the qualifications of section 51 in relation to the area of the neighbourhood constituency, and
(ii) property electors of the municipality who meet the qualifications of section 52 in relation to the area of the neighbourhood constituency, and
(b) except as permitted at additional general voting or a special voting opportunity, the electors of the neighbourhood constituency may only vote on general voting day at the voting places for that neighbourhood constituency.
(6) The notice of election under section 77 for an election on the basis of a neighbourhood constituency must include the following additional information:
(a) the boundaries of the neighbourhood constituency;
(b) the voting place on general voting day for the neighbourhood constituency;
(c) a description of the qualifications established by subsection (5) (a) that entitle an elector to vote for a member of council to represent the neighbourhood constituency.
210 (1) The term of office for a mayor elected at a general local election
(a) begins on the first Monday after December 1 following the election or when the person takes office in accordance with section 211 (4), whichever is later, and
(b) ends immediately before the first Monday after December 1 in the year of the next general local election or when the mayor's successor takes office, whichever is later.
(2) The term of office for a councillor elected at a general local election
(a) begins on the first Monday after December 1 following the election or when the person takes office in accordance with section 211 (4), whichever is later, and
(b) ends immediately before the first Monday after December 1 in the year of the next general local election or when a sufficient number of members of council have taken office to make up a quorum, whichever is later.
211 (1) A person elected or appointed to office on a municipal council must make a prescribed oath of office, on oath or by solemn affirmation, within 40 days after the declaration of election or the appointment.
(2) The oath must be made before a judge of the Court of Appeal, Supreme Court or Provincial Court, a justice of the peace or the municipal clerk, and the person making the oath must obtain the completed oath or a certificate of it from the person administering it.
(3) A person taking office on council may also make an oath of allegiance.
(4) A person takes office on council
(a) at the time the term of office begins if, at this time, the person produces or has produced the completed oath or certificate to the clerk, or
(b) at any later time that the person produces the completed oath or certificate to the clerk.
(5) The Lieutenant Governor in Council may, by regulation, establish one or more alternative oaths of office for the purposes of this section, which may be different for different types of office.
(6) Once a member of council takes office, the member is entitled to hold that office through its term and to vote and otherwise act in the office during that time unless the member resigns or becomes disqualified.
212 (1) If a person elected or appointed to office on a council does not make the required oath under section 211 within the time limit set by that section, the office is deemed to be vacant and the person is disqualified from taking and holding office on a local government or on the council of the City of Vancouver until the next general local election.
(2) If a member of council is continuously absent from council meetings for a period of 60 consecutive days or 4 consecutive regularly scheduled council meetings, whichever is the longer time period, unless the absence is because of illness or with the leave of council, the office of the member is deemed to be vacant and the person who held the office is disqualified from holding office on a local government or on the council of the City of Vancouver until the next general local election.
213 (1) A member of council may resign from office only by delivering a written resignation to the clerk.
(2) A resignation becomes effective when it is received by the clerk, even if a later date is set out in the resignation, and may not be revoked after the time it is received.
(3) The clerk must notify the council of a resignation at its next meeting after the resignation is received or, if there are no other council members, the clerk must notify the minister.
213.1 (1) An application to the Supreme Court for a declaration that a member of council is disqualified from holding office and that the office is vacant may be made in accordance with this section.
(2) Except as provided in this section, Division (15) of Part 2, other than section 143 (7), applies in relation to an application under this section.
(3) An application may only be made by at least 4 electors of the municipality.
(4) An application may be made at any time during the challenged person's term of office, but must be made within 30 days after the alleged basis of the disqualification comes to the attention of any of the persons making the application.
(5) Within 7 days after the petition commencing an application is filed, it must be served on the person whose right to hold office is being challenged and on the municipality.
(6) On the hearing of an application, the court may
(a) declare that the person is confirmed as qualified to hold office, or
(b) declare that the person is not qualified to hold office and that the office is vacant.
213.2 (1) If the council considers that one of its members is disqualified from holding office, the council may adopt a resolution declaring that the office is vacant.
(2) Before taking action under subsection (1), the council must notify the person affected of the proposed action.
(3) Unless an application to the Supreme Court is made under subsection (4), an office declared vacant under subsection (1) becomes vacant 6 days after the resolution is adopted.
(4) A person whose office is declared vacant under subsection (1) may apply to the Supreme Court for a determination of whether the person is qualified to hold the office, but the application must be commenced within 5 days after the resolution is adopted.
(5) Within 7 days after the petition commencing an application under subsection (4) is filed, it must be served on the municipality.
(6) On the hearing of an application under subsection (4), the court may
(a) declare that the person is confirmed as qualified to hold office, or
(b) declare that the person is not qualified to hold office and that the office is vacant.
(7) Section 147 applies in relation to an application under subsection (4) of this section.
12 Section 217 is repealed and the following substituted:
217 (1) Following a general local election, the first meeting of a council shall be on the first Monday after December 1 in the year of the election.
(2) If a quorum of council members elected at the general local election has not taken office by the time referred to in subsection (1), the first meeting of the council shall be called by the clerk and held as soon as reasonably possible after a quorum has taken office.
(3) After the first meeting, a council must meet as it decides and as provided in this Act.
13 Section 223 is repealed and the following substituted:
223 (1) If an enactment provides that a council is required or empowered to exercise a power by bylaw, that power may only be exercised by bylaw.
(2) Except as restricted by subsection (1), the powers of a council may be exercised by resolution or bylaw.
14 Section 225 is amended by adding the following subsection:
(7) Without limiting subsection (4), a council member must not participate in the discussion of or vote on a question in respect of a matter in which the member has a direct or indirect pecuniary interest.
(8) Subsection (7) does not apply
(a) if the pecuniary interest of the council member is a pecuniary interest in common with electors of the municipality generally,
(b) if the matter relates to remuneration or expenses payable to one or more council members in relation to their duties as council members, or
(c) if the pecuniary interest is so remote or insignificant that it cannot reasonably be regarded as likely to influence the member in relation to the matter.
(9) A person who contravenes subsection (7) is disqualified from continuing to hold office as a member of council unless the contravention was done through inadvertence or by reason of an error in judgment made in good faith.
(10) If otherwise qualified, a person disqualified under subsection (9) is qualified to be nominated and elected in the by-election to fill the vacancy created by this disqualification and, if elected, is qualified to hold the office.
(11) If as a result of subsection (4) the number of council members who may discuss and vote on a matter falls below the quorum for the council, the council may apply to the Supreme Court for an order under subsection (12) without notice to any other person.
(12) On an application under subsection (11), the court may
(a) order that all or specified members of the council may discuss and vote on the matter, despite the other provisions of this section, and
(b) make the authority under paragraph (a) subject to any conditions and directions the court considers appropriate.
15 Section 231 (4) is repealed.
16 Sections 233 and 234 are repealed.
17 Section 246 (3) is repealed and the following substituted:
(3) A municipal manager does not have the power
(a) to pass bylaws or resolutions, or
(b) to appoint or dismiss the clerk, treasurer, chief election officer or auditor.
18 Section 269.1 (6) is repealed and the following substituted:
(6) Section 674 (4) (b) and (c), (5) and (6) applies to a bylaw under this section and, for these purposes, a business improvement area is deemed to be a specified area and a business promotion scheme is deemed to be a service.
19 Section 279 (2) (a) is repealed and the following substituted:
(a) the persons given freedom of the municipality shall be deemed to be electors of the municipality and to be registered as such and are eligible to vote in an election for mayor or councillor, and .
20 Sections 295 to 311 are repealed and the following substituted:
Division (1) - General
295 (1) Before a bylaw is adopted by a council, it must be given 3 readings by the council.
(2) There must be at least one day between the third reading and the adoption of a bylaw.
(3) If this or another Act requires that a bylaw receive the assent of the electors or the approval of the Lieutenant Governor in Council, a minister or the inspector, the assent or approval must be obtained after the bylaw has been given third reading and before it is adopted.
(4) If this or another Act requires that a bylaw receive both the assent of the electors and the approval of the Lieutenant Governor in Council, a minister or the inspector, the approval must be obtained before the bylaw is submitted for assent.
(5) Once adopted, a bylaw must
(a) be signed by the mayor or other presiding member of the council meeting at which it was adopted,
(b) be signed by the clerk, and
(c) be sealed by the clerk with the corporate seal of the municipality.
296 (1) A council shall adopt a bylaw to provide for the procedure to be followed, subject to this Part, in passing bylaws.
(2) A bylaw under subsection (1) may
(a) establish the manner and extent for a reading of a bylaw, and
(b) permit 2 or more readings at one meeting of council, subject to the restriction under section 295 (2).
297 (1) A bylaw adopted by the council of a city, town or district comes into force on the date of the adoption or on a later date fixed by the bylaw.
(2) A bylaw adopted by the council of a village comes into force on the date of its registration with the inspector under subsection (3) or on a later date fixed by the bylaw.
(3) A true copy of a bylaw adopted by the council of a village, signed and sealed as required by section 295
(5) and certified to be a true copy by the clerk, must be submitted to the inspector, who may register or refuse to register the bylaw or take any other action the inspector considers in the public interest.
298 (1) If a bylaw establishes a lawful regulation or requirement to be observed in the municipality, a person who breaches the regulation or requirement commits an offence, punishable in the same manner as if the bylaw had expressly forbidden persons from doing or refraining from doing the act.
(2) In a prosecution for an offence against a municipal bylaw, the justice or court may impose the whole or part of the penalty or punishment authorized by the bylaw, this Act or the Offence Act, together with the costs of prosecution.
(3) If a penalty, or part of a penalty, and all costs imposed are not paid promptly, the justice or court may, by order, authorize all or part of the penalty and costs to be levied by distress and sale of the offender's goods and chattels.
(4) If there is no distress out of which the penalty and costs or part of the penalty and all of the costs can be levied, the justice or court may commit the offender to imprisonment for the term, or part of the term, specified in the bylaw.
299 (1) If a council has authority to direct that a matter or thing be done by a person or that regulations be observed, the council may, by bylaw, authorize officers, employees and agents of the municipality to enter at all reasonable times on any property that is subject to the direction to ascertain whether the requirement is being met or the regulations are being observed.
(2) If a council has authority to direct that a matter or thing be done by a person, the council may also direct that, if the person fails to take the required action, the matter or thing shall be done at the expense of the person in default.
(3) If action in default is taken under subsection (2), the council may recover the expense from the person, together with costs and interest at the rate prescribed under section 11 (3) of the Taxation (Rural Area) Act, in the same manner as municipal taxes.
21 Section 312 is repealed and the following substituted:
Division (2) - Challenge of Bylaws
312 In this Division "bylaw" includes an order or resolution.
312.1 A bylaw, contract or other proceeding of a council shall not be set aside or declared invalid by reason only that
(a) a person sitting or voting as a member of council was not qualified to be a member of council at or before the time of the proceeding,
(b) a member of council renounced claim to office on council,
(c) an election for council was set aside or declared invalid after the proceeding, or
(d) an election of a council member was set aside or declared invalid after the proceeding.
22 Section 319 is repealed.
23 Section 321 is repealed and the following substituted:
321 (1) Despite section 320 (a), a council may contract for a term of up to 20 years for the supply of materials, equipment and services, professional and otherwise, required for the operation, maintenance and administration of the municipality and of municipal property.
(2) In the case of a contract under subsection (1) for a term of 5 years or less, the council may enter into the contract without the assent of the electors.
(3) In the case of a contract under subsection (1) for a term of more than 5 years, the council must enter into the contract by bylaw and the bylaw must receive the assent of the electors.
(4) As an exception, subsection (3) does not apply to an agreement under section 18 of the Police Act.
24 Section 330 is amended
(a) in subsection (1) by striking out "electors' assent" and substituting "assent of the electors", and
(b) in subsection (2) by striking out "posting in the locations mentioned in section 92 (4)" and substituting "posting on the notice board or usual place for publishing notices at the municipal hall".
25 Section 331 is repealed and the following substituted:
331 (1) Instead of a loan authorization bylaw for one purpose, a council may adopt a comprehensive loan authorization bylaw to borrow money to carry out works and services specified in the bylaw during a period of up to 10 years specified in the bylaw.
(2) As a limit on subsection (1), a municipality may not adopt a comprehensive loan authorization bylaw unless the following requirements are met:
(a) the total amount proposed to be borrowed under the bylaw has been approved by the inspector;
(b) in the case of a municipality with a population of less than 25 000, the bylaw has been approved by the inspector;
(c) the assent of the electors of the municipality has been obtained to a question setting out
(i) the total amount proposed to be borrowed under the bylaw,
(ii) the works and services covered by the bylaw,
(iii) the amount allocated by the bylaw to each of the specified works and services, and
(iv) the beginning and ending dates of the authority to borrow under the bylaw.
(3) The total money authorized to be borrowed by a comprehensive loan authorization bylaw must not exceed the amount stated in the question under subsection (2) (c).
(4) For the purposes of section 160 (1), any number of specified works and services is deemed to be a distinct purpose.
(5) If the minister approves, the council may, by bylaw adopted by 2/3 of the members and without the assent of the electors, vary the works, services and allocations in a comprehensive loan authorization bylaw.
26 Section 398 (1) (p) is repealed and the following substituted:
(p) an improvement designed, constructed or installed to provide emergency protection for persons or domestic animals in the event of a disaster or emergency within the meaning of the Emergency Program Act; .
27 Section 538 (1) is amended by striking out "posted in the locations specified in section 92 (4)." and substituting "posted on the notice board or usual place for publishing notices at the municipal hall."
28 Section 633 is repealed and the following substituted:
633 (1) Subject to section 634, the council of a city, town or district municipality may, by bylaw with the assent of the electors and the approval of the minister, provide for the establishment of one or more of the following:
(a) a system for the transportation of persons and property by tramway, street railway, railway, ferry, motor bus or electric trolley bus in the municipality, or within the municipality and adjacent localities;
(b) a telephone system for inhabitants of the municipality, or for the inhabitants of the municipality and of adjacent localities.
(2) Subject to section 634, the council of a municipality may, by bylaw with the assent of the electors and the approval of the minister, provide for the establishment of a closed circuit television system or a television rebroadcasting system for the inhabitants of the municipality, or for the inhabitants of the municipality and of adjacent localities.
29 Section 674 (4) is repealed and the following substituted:
(4) Subject to the Waste Management Act, before a bylaw under this section is adopted
(a) the bylaw must receive the assent of the electors,
(b) the work or service to be undertaken must have been requested by a petition and, for these purposes, sections 658 and 659 apply, or
(c) the work or service to be undertaken must have been proposed in an initiative plan and, for these purposes, sections 656 and 657 apply.
30 Section 692 (3) is repealed and the following substituted:
(3) As a limit on subsection (2), the council shall not fluoridate the water supply unless a question regarding this has been submitted to the electors in accordance with section 283 and at least 60% of the votes counted as valid are in favour of fluoridation.
31 Section 755.1 (2) is amended by adding the following paragraph:
(i.1) an election official within the meaning of Part 2 and a regional voting officer under section 167, .
32 Section 769 (1) (f) is repealed and the following substituted:
(f) the chief election officer and the voting places for the first election under paragraph (e), .
33 Section 770 (3) is repealed and the following substituted:
(3) Except as otherwise provided in this Part, a power that is conferred on a regional district may be exercised by its board on behalf of the district.
34 Sections 776 and 777 are repealed and the following substituted:
776 (1) After the first appointment under section 769 (1) (d), each municipal director is to be appointed by the council from among the members of that council before January 1 of each year.
(2) The term of office of a municipal director
(a) begins when the person takes office in accordance with section 211 (4), and
(b) ends immediately before the first Monday following the next December 1 or when the person's successor takes office, whichever is later.
(3) Sections 211 to 213.2 apply to municipal directors.
777 (1) After the first election under section 769 (1) (e), elections for electoral area directors are to be conducted in accordance with Part 2.
(2) Sections 211 to 213.2 apply to electoral area directors.
(3) The term of office of an electoral area director elected at the time of the general local election
(a) begins on the first Monday after December 1 following the election or when the person takes office in accordance with section 211 (4), whichever is later, and
(b) ends immediately before the first Monday after December 1 in the year of the next general local election or when the director's successor takes office, whichever is later.
35 Section 779 is amended
(a) by repealing subsections (4) and (5) and substituting the following:
(4) If the office of an electoral area director becomes vacant through resignation, disqualification or death, the alternate director holds the office until that person's successor takes office following the next election for the office. , and
(b) by repealing subsection (6) and substituting the following:
(6) If the alternate director is unable or unwilling to hold office as a director under subsection (4), the board shall appoint another person who has the qualifications to be nominated as a director for the electoral area and that person holds the office as provided in that subsection.
36 Section 781 (10) is repealed and the following substituted:
(10) Section 225 (3) to (10) applies to all meetings of the board.
37 Section 784 (5) is repealed and the following substituted:
(5) Sections 223, 236, 243, 294, 295 (1), (3) and (5), 297 (1), 298 and 299 and Division (2) of Part 5 apply for the purposes of this Part.
38 Section 790.1 is amended by adding the following subsection:
(5) Section 796 applies to a referendum under this section as if the areas in which the referendum is to be conducted were proposed participating areas.
39 Section 796 is repealed and the following substituted:
796 (1) Assent of the electors in each proposed participating area as referred to in section 795 (2) (a) (i) is obtained if, for each proposed participating area, a majority of the votes counted as valid is in favour of the bylaw.
(2) Assent of the electors in the entire proposed service area as referred to in section 795 (2) (b) is obtained if a majority of votes counted as valid in all voting on the bylaw is in favour of the bylaw.
(3) Part 3, other than section 159 (3), applies for the purposes of obtaining the assent of the electors under this section, with voting to be conducted
(a) in the case of voting for the purposes of subsection (1), by the council for a municipal participating area and by the board for an electoral participating area, and
(b) in the case of voting for the purposes of subsection (2), either, at the option of the board,
(i) by the board throughout the proposed service area, or
(ii) in the proposed participating areas in accordance with paragraph (a), with the results of voting in these areas aggregated for the purposes of subsection (2).
(4) If voting is conducted under subsection (3) (b), for the purposes of determining who is entitled to vote under section 161, the voting area is deemed to be all the proposed participating areas.
(5) For a vote under subsection (1) that is conducted only in a municipal participating area, if the participating area includes all of a municipality and the council does not exercise its power under section 799 to waive the assent requirement, section 41 (1) does not apply and, instead, the municipality is responsible for the costs of the vote in the participating area.
40 Section 797 is amended
(a) by adding the following subsection:
(1.1) For the purposes of this section, an elector is a person who would be entitled to register and vote on the bylaw if voting under section 796 were conducted. ,
(b) by repealing subsection (3) (a) and substituting the following:
(a) contain a copy of the bylaw or a synopsis of the bylaw in accordance with subsection (3.1), ,
(c) by adding the following subsection:
(3.1) A synopsis for the purposes of subsection (3) (a) must include the following:
(a) in general terms, the intent of the bylaw;
(b) the proposed service area;
(c) the place where and dates and times when copies of the bylaw may be inspected. ,
(d) by repealing subsection (9) (c) and substituting the following:
(c) if the number of electors' signatures represents greater than 50% of the electors in the area, the bylaw is deemed to have been rejected by the electors. , and
(e) by adding the following subsection:
(10.1) Section 159 (2) does not apply to obtaining of the assent of the electors under subsection (9) (b) of this section but does apply if the bylaw is resubmitted for assent of the electors after it is rejected as referred to in subsection (9) (c).
41 Section 798 is repealed.
42 Section 799 is amended by adding the following subsection:
(3) If notice of consent referred to in subsection (2) (b) has not been received within 30 days after third reading of the bylaw, the council is deemed
(a) to have refused to give consent on behalf of the electors in the proposed municipal participating area, and
(b) to have refused to hold a vote to obtain the assent of the electors in the proposed municipal participating area.
43 Section 812 (2) to (4) is repealed and the following substituted:
(2) Except for a liability referred to in subsection (1) (a) (i), a liability referred to in subsection (1) must be authorized by bylaw.
(3) Assent of the electors as required by subsection (1) is obtained if, by a vote in accordance with section 796 (3) (b) for the service area or service areas in respect of which the liability is incurred, a majority of the votes counted as valid for that area or areas, as applicable, is in favour of the agreement.
44 Section 817 is repealed and the following substituted:
817 (1) A board may, by bylaw adopted by at least 2/3 of the votes cast, establish within an electoral area one or more local communities to be administered by local community commissions.
(2) A bylaw establishing a local community, or a bylaw amending or repealing such a bylaw, has no effect unless it receives the assent of the electors within the area of the local community and is approved by the inspector.
(3) As an exception to subsection (2), the minister may waive the requirement for assent of the electors to a bylaw that amends or repeals a bylaw establishing a local community.
(4) For the purposes of obtaining the assent of the electors as required by this section, Part 3 applies and the voting area is to be the proposed local community or the local community, as applicable.
(5) A bylaw establishing a local community must do the following:
(a) name the local community;
(b) establish the boundaries of the local community;
(c) establish the time and manner of holding annual general meetings of the commission;
(d) establish either
(i) that elections for commissioners are to be held every 3 years at the time of the general local election, or
(ii) that elections for commissioners are to be held each year at a time specified in the bylaw.
(6) A bylaw establishing a local community may do one or more of the following:
(a) establish the manner of holding elections for commissioners, if this is to be different from that provided by the application of Part 2;
(b) delegate to the commission administrative powers respecting services for a service area that is located within the local community;
(c) set terms, conditions and restrictions on activities of the commission.
(7) A bylaw under subsection (6) (a) must be adopted at least 8 weeks before the general voting day for the election to which it first applies.
(8) The commission for a local community consists of
(a) 4 elected commissioners, all of whom must reside in the local community and have the qualifications to hold office as a director, and
(b) the director for the electoral area in which the local community is located.
(9) Except as provided by a bylaw under subsection (6) (a), Part 2 applies to the election of commissioners.
(10) The term of office for elected commissioners is to be
(a) 3 years or until their successors are elected, whichever is later, if the bylaw establishing the local community specifies that elections are to be held every 3 years, or
(b) one year or until their successors are elected, whichever is later, if the bylaw establishing the local community specifies that elections are to be held each year.
(11) At each annual general meeting, the commissioners shall elect a chair and a vice chair.
(12) Section 780, as it applies to committee members, applies to the remuneration and reimbursement of commissioners.
45 Section 819.1 (7) and (8) is repealed and the following substituted:
(7) Assent of the electors as required by subsection (3) (b) is obtained if, by voting conducted throughout the regional district, a majority of the votes counted as valid in all voting on the bylaw is in favour of the bylaw.
(8) Part 3 applies to voting for the purposes of subsection (7), with voting to be conducted either, at the option of the board,
(a) by the board throughout the regional district, or
(b) by the council of each municipality and by the board for that part of the regional district that is not within a municipality, with the results of voting in these areas aggregated for the purposes of subsection (7).
46 Section 828 (1) is amended by striking out "19 years of age" and substituting "age 18 or older".
47 Section 830 (3) is repealed and the following substituted:
(3) The powers referred to in subsection (1) may only be exercised by bylaw, but all other powers of the improvement district may be exercised by the trustees by resolution.
48 Section 943 (1) is amended by repealing the definition of "local government".
PART 2 -- SCHOOL ACT AMENDMENTS
49 Section 1 (1) of the School Act, S.B.C. 1989, c. 61, is amended
(a) by repealing the definition of "elector" and substituting the following:
"elector" means a resident elector or property elector; , and
(b) by adding the following definitions:
"general school election" means the elections referred to in section 44;
"newspaper" means, in relation to a matter for which publication in a newspaper is required by or under this Act, a publication or local periodical that
(a) contains items of news and advertising, and
(b) is distributed at least weekly in the area that is affected by the matter;
"property elector" means, in relation to a trustee electoral area, a person who, at the relevant time, meets the qualifications under section 50 in relation to the trustee electoral area;
"resident elector" means, in relation to a trustee electoral area, a person who, at the relevant time, meets the qualifications under section 49 in relation to the trustee electoral area;
"trustee election" means an election for one or more trustees for a trustee electoral area;
"trustee electoral area" means a trustee electoral area for a school district established under section 39.
50 Part 4 is repealed and the following substituted:
PART 4 --SCHOOL TRUSTEES
Division 1 -- Establishment of School Boards
39 (1) There is to be a board of school trustees for each school district.
(2) A board consists of 3, 5, 7 or 9 trustees, as determined by order of the minister under this section.
(3) The minister must, by order, establish the following for each school district:
(a) the number of trustees for the school district;
(b) whether trustees are to be elected
(i) from the school district at large, in which case the school district is the trustee electoral area, or
(ii) from a number of trustee electoral areas specified by the minister that are in total the entire school district;
(c) if there is more than one trustee electoral area, the number of trustees to be elected from each.
(4) The minister may, by order, vary an order under subsection (3) and may determine the manner in which and the times at which the new trustees under the variation order are to be appointed or elected.
(5) If the minister reduces the number of trustees for a board, the order reducing the number of trustees becomes effective for the following general school election.
(6) An order under subsection (3) or (4) must be published in the Gazette.
(7) Unless an order under this section provides otherwise, the election of trustees for School District No. 39 (Vancouver) must be an election from the school district at large.
40 (1) As an exception to section 39 when a new school district is created, the minister must, by order, determine whether the first trustees of the school district are to be appointed by the minister or elected.
(2) If the minister determines that the first trustees are to be elected, the trustee election must be held as directed by order of the minister.
(3) The term of office of a trustee appointed or elected under this section begins when the person takes office in accordance with section 59 (3) following the appointment or election and ends at the time referred to in section 58 (b).
(4) When a new school district is created wholly or in part by the union of 2 or more existing school districts, or as a result of the division of a school district into 2 or more smaller school districts, and trustees are being elected or appointed to constitute the board or boards of the newly formed school district or districts, the Lieutenant Governor in Council may terminate the terms of office of all the trustees in the former school districts.
Division 2 -- Trustee Qualifications
41 (1) Except as provided in this Division, a person is qualified to be nominated for office and to be elected or appointed to and hold office as a trustee if, at the relevant time, the person meets all the following requirements:
(a) the person must be an individual who is, or who will be on general voting day for the election or the effective date of the appointment, as applicable, age 18 or older;
(b) the person must be a Canadian citizen;
(c) the person must have been a resident of British Columbia, as determined in accordance with section 51, for at least 6 months immediately before the relevant time;
(d) the person must not be disqualified by this Act or any other enactment from voting in an election in British Columbia or from being nominated for, being elected to or holding office as trustee, or be otherwise disqualified by law.
(2) A person whose term of office as trustee has expired or is about to expire is eligible for re-election if the person is otherwise qualified to be a trustee.
(3) At any one time, a person is not eligible to be nominated for or elected as trustee for more than one trustee electoral area for any one school district.
42 Without limiting section 41 (1) (d), the following persons are disqualified from being nominated for, being elected to or holding office as a trustee:
(a) a person who is disqualified under section 43 as an employee of a school board, except as authorized under that section;
(b) a person who is disqualified under section 61 of this Act or under section 91 of the Municipal Act or section 63 of the Vancouver Charter as those sections apply to trustee elections;
(c) a person who is prohibited from holding elected office
(i) under Division (17) of Part 2 of the Municipal Act as it applies to elections or voting on any other matter under that Act, this Act or any other Act, or
(ii) under Division (17) of Part I of the Vancouver Charter as it applies to elections or voting on any other matter under that Act, this Act or any other Act.
43 (1) For the purposes of this section, "employee" means
(a) an employee or salaried officer of a board, or
(b) a person who is within a class of persons deemed by regulation to be employees of a specified board, but does not include a person who is within a class of persons excepted by regulation.
(2) Unless the requirements of this section are met, an employee of a board is disqualified from being nominated for, being elected to or holding office as a trustee on the same board.
(3) Before being nominated for office as trustee, the employee must give notice in writing to his or her employer of the employee's intention to consent to the nomination.
(4) Once notice is given under subsection (3), the employee is entitled to and must take a leave of absence from the employee's position with the employer for a period that, at a minimum,
(a) begins on the first day of the nomination period or the date on which the notice is given, whichever is later, and
(b) ends, as applicable,
(i) if the person is not nominated before the end of the nomination period, on the day after the end of that period,
(ii) if the person withdraws as a candidate in the election, on the day after the withdrawal,
(iii) if the person is declared elected, on the day the person resigns in accordance with subsection (7) or on the last day for taking office before the person is disqualified under section 61,
(iv) if the person is not declared elected and no application for judicial recount is made, on the last day on which an application for a judicial recount may be made, or
(v) if the person is not declared elected and an application for judicial recount is made, on the date when the results of the election are determined by or following the judicial recount.
(5) If agreed by the employer, as a matter of employment contract or otherwise, the leave of absence under this section may be for a period longer than the minimum required by subsection (4).
(6) Sections 53 and 54 of the Employment Standards Act apply to a leave of absence under this section.
(7) Before making the oath of office under section 59, an employee on a leave of absence under this section who has been elected must resign from the person's position with the employer.
(8) At the option of the employee, a resignation under subsection (7) may be conditional on the person's election not being declared invalid on an application under section 143 of the Municipal Act or section 115 of the Vancouver Charter, as those sections apply to trustee elections.
Division 3 -- Elections
44 (1) Elections of all trustees, to be known collectively as a general school election, must be held in 1993 and in every 3rd year after that.
(2) General voting day for the general school election must be on the 3rd Saturday of November in the year of the election.
45 (1) Except as permitted under subsection (2), an election must be held to fill a vacancy on a board that occurs in any of the following circumstances:
(a) a person elected or appointed as trustee dies before taking office or a trustee dies while holding office;
(b) a trustee resigns under section 60;
(c) the office is declared vacant on the final determination of an application under section 143 of the Municipal Act or under section 115 of the Vancouver Charter, as those sections apply to trustee elections, or a candidate affected by an application under one of those sections renounces claim to the office;
(d) the office becomes vacant under section 61 or 62;
(e) the office is declared vacant on the final determination of an application under section 63 (1) or 83 (1).
(2) As an exception, if a vacancy occurs after January 1 in the year of a general school election, the board may hold the vacancy open until the election as long as at least 3 trustees continue to hold office.
(3) Within 30 days after a vacancy occurs for which an election is to be held, the board must
(a) appoint a chief election officer, in the case of a trustee election required to be conducted by the board, or
(b) notify the municipal council, in the case of a trustee election required to be conducted by a municipality, which must appoint a chief election officer within 30 days after being notified.
(4) The chief election officer must set a general voting day for the trustee election which must be on a Saturday no later than 80 days after the date the chief election officer was appointed.
(5) If fewer than 3 trustees continue to hold office, the board must hold a trustee election or notify the minister, who must appoint persons as trustees to fill the vacancies.
(6) If a trustee election is not held as required by or under this Act, or if the electors fail to elect the number of trustees that are to be elected, the minister may appoint persons as trustees to fill the vacancies.
(7) The term of office of a trustee elected or appointed under this section begins when the person takes office in accordance with section 59 (2) following the election or appointment and ends at the time referred to in section 58 (b).
46 (1) If a trustee electoral area is all or part of a single municipality, the municipal council must conduct the trustee elections in the trustee electoral area.
(2) If a trustee electoral area includes both all or part of a single municipality and all or part of a rural area, the minister, on request of the board for the school district, may order that the municipal council must conduct the trustee elections for the trustee electoral area.
(3) Except as provided in subsection (1) or (2), the board must conduct the trustee elections for its school district.
47 (1) For a trustee election conducted by a municipality under section 46 (1) as part of a general school election, the board must reimburse the municipality for any costs of the trustee election that are additional to the costs, if any, incurred by the municipality in conducting a local government election or other voting at the same time as the trustee election.
(2) The Lieutenant Governor in Council may, by regulation, prescribe costs that must or must not be considered additional for the purposes of subsection (1).
(3) For a trustee election conducted by a municipality, other than one referred to in subsection (1), the board must reimburse the municipality for the costs necessarily incurred by the municipality in conducting the election.
(4) A board may enter into an agreement with a local government under section 41 of the Municipal Act or section 13 of the Vancouver Charter, under which one party to the agreement conducts an election for the other, or in conjunction with an election of the other, in accordance with the terms of the agreement.
(5) A board that is a party to an agreement under subsection (4) may, by bylaw, provide that the bylaws of the local government respecting elections apply to trustee elections conducted under the agreement.
Division 4 -- Electors
48 (1) In order to vote in a trustee election, a person
(a) must meet the qualifications under section 49 (1) (a) to (e) as a resident elector or section 50 (1) (a) to (f) as a property elector,
(b) must not be disqualified by this Act or any other enactment from voting in the election or be otherwise disqualified by law, and
(c) must be registered as or deemed to be registered as an elector of the trustee electoral area for which the election is being held.
(2) The following persons are disqualified from voting at a trustee election:
(a) a person who has not completed the sentence for an indictable offence, unless the person is released on probation or parole and is not in custody;
(b) a person who is involuntarily confined to a psychiatric or other institution as a result of being acquitted of or found not criminally responsible for an offence under the Criminal Code on account of mental disorder;
(c) a person who is prohibited from voting
(i) under Division (17) of Part 2 of the Municipal Act as it applies to elections or voting on any other matter under that Act, this Act or any other Act, or
(ii) under Division (17) of Part I of the Vancouver Charter as it applies to elections or voting on any other matter under that Act, this Act or any other Act.
(3) For clarification, no corporation is entitled to be registered as an elector or have a representative registered as an elector and no corporation is entitled to vote.
(4) A person must not vote more than once in a trustee election for any one school district.
(5) A person must not vote at a trustee election unless entitled to do so.
49 (1) In order to vote as a resident elector of a trustee election, a person must meet all the following requirements at the time of voting:
(a) the person must be an individual who is, or who will be on general voting day for the trustee election, age 18 or older;
(b) the person must be a Canadian citizen;
(c) the person must have been a resident of British Columbia, as determined in accordance with section 51, for at least 6 months immediately before that day;
(d) the person must have been a resident of the trustee electoral area for which the election is held, as determined in accordance with section 51, for at least 30 days immediately before that day;
(e) the person must not be disqualified by this Act or any other enactment from voting in a trustee election or be otherwise disqualified by law.
(2) If the boundaries of a school district or a trustee electoral area are extended, a person is deemed to have satisfied the requirement of subsection (1) (d) if, for at least 30 days before the person applies for registration as an elector, the person has been a resident, as determined in accordance with section 51, of the trustee electoral area in which the person resides.
50 (1) In order to vote as a property elector for a trustee electoral area, a person must meet all the following requirements at the time of voting:
(a) the person must not be a resident elector of that or any other trustee electoral area of the school district;
(b) the person must be an individual who is, or who will be on general voting day for the trustee election, age 18 or older;
(c) the person must be a Canadian citizen;
(d) the person must have been a resident of British Columbia, as determined in accordance with section 51, for at least 6 months immediately before that day;
(e) the person must have been the registered owner of real property in the trustee electoral area for at least 30 days immediately before that day;
(f) the person must not be disqualified by this Act or any other enactment from voting in a trustee election or be otherwise disqualified by law.
(2) A person may only register as a property elector in relation to one parcel of real property in a school district.
(3) If the boundaries of a school district or trustee electoral area are extended, a person is deemed to have satisfied the requirement of subsection (1) (e) if, for at least 30 days before the person applies for registration as an elector, the person has been a registered owner of property within the trustee electoral area in which the property is located.
(4) For the purposes of this section, the registered owner of real property means whichever of the following is applicable:
(a) the owner of a registered estate in fee simple of the property, unless another person holds an interest in the property referred to in paragraphs (b) to (d);
(b) the holder of the last registered agreement for sale, unless another person holds an interest in the property referred to in paragraph (c) or (d);
(c) the tenant for life under a registered life interest in the property, unless another person holds an interest in the property referred to in paragraph (d);
(d) the holder of a registered lease of the property for a term of at least 99 years.
(5) If there is more than one individual who is the registered owner of real property, either as joint tenants or tenants in common, only one of those individuals may register as a property elector under this section in relation to the real property.
(6) If the land title registration of the real property in relation to which a person is registering under this section indicates that there is more than one individual who is the registered owner of the real property, the individual registering must do so with the written consent of the number of those individuals who, together with the individual registering, are a majority of those individuals.
(7) A registered owner who has consented to the registration of another registered owner of the property may withdraw the consent by delivering a written withdrawal to the secretary treasurer of the board.
(8) Once a withdrawal of consent has been delivered in accordance with subsection (7), the person registered as the property elector in relation to the property ceases to be entitled to be registered and vote as such if the number of individuals referred to in subsection (6) falls below a majority of the registered owners, with this effective
(a) for the next election, in the case of a withdrawal delivered at least 52 days before general voting day for the election, and
(b) following the next election, in the case of a withdrawal delivered less than 52 days before general voting day for the election.
51 (1) The following rules apply to determine for the purposes of this Part the area in which a person is a resident:
(a) a person is a resident of the area where the person lives and to which, whenever absent, the person intends to return;
(b) a person may be the resident of only one area at a time for the purposes of this Part;
(c) a person does not change the area in which the person is a resident until the person has a new area in which the person is a resident;
(d) a person does not cease being a resident of an area by leaving the area for temporary purposes only.
(2) As an exception to subsection (1), if for the purposes of attending an educational institution a person establishes a new area in which the person is a resident away from the usual area in which the person is a resident, the person may choose for the purposes of this Part either the usual area or the new area as the area in which the person is a resident.
52 (1) In order to be registered as an elector of a trustee electoral area, a person must meet the requirements of section 48 (1) (a) and (b) on the date of registration.
(2) A person may be registered as an elector in only one trustee electoral area for any one school district.
(3) A person registers as an elector of a trustee electoral area by
(a) delivering an application form completed as required by the board to the election official responsible at the place where the person is voting or providing to that official the information required in the manner established by the chief election officer, and
(b) in the case of a person applying to register as a property elector, delivering to the election official responsible at the place where the person is voting a certificate under section 53 of this Act or under section 59 of the Municipal Act or section 31 of the Vancouver Charter.
(4) For the purposes of subsection (3), the requirements to be registered as an elector under this Act may be satisfied by meeting the requirements to register as an elector under the Municipal Act or the Vancouver Charter at the time of voting.
(5) A person is deemed to be registered as a resident elector or property elector, as applicable, of a trustee electoral area if
(a) a list of registered electors is prepared for the municipality or regional district electoral area in which the person resides, and
(b) the person is registered as such an elector of that municipality or regional district electoral area before the date established for the close of advance registration as an elector of the jurisdiction.
53 (1) In order to obtain a certificate to register as a property elector, a person must apply for the certificate at least 14 days before general voting day.
(2) The application must be made to
(a) the secretary treasurer at the board offices for the school district where the property in relation to which the person wishes to register is located, or
(b) another school district official or local government official, as authorized by the secretary treasurer.
(3) The official must issue a certificate if the person proposing to register provides
(a) proof satisfactory to the official that the person applying will be entitled to register in relation to that real property at the time the person votes, and
(b) if applicable, the written consent from the other registered owners of the real property required by section 50 (6).
(4) A certificate under this section must
(a) state the name of the person entitled to register as a property elector under the certificate,
(b) identify the real property in relation to which the person is entitled to register, and
(c) be signed by the issuing official.
(5) The secretary treasurer must ensure that a record is maintained of all certificates issued under this section.
Division 5 -- Election Proceedings
54 (1) For a trustee election conducted by a board for a school district other than School District No. 39 (Vancouver), Part 2 of the Municipal Act, as that Part applies to an election of regional district directors, applies to the trustee election except as provided in this Part.
(2) For the purposes of subsection (1), the references in Part 2 of the Municipal Act are to be read in accordance with the following:
(a) a reference to a regional district board or local government is to be read as a reference to the board;
(b) a reference to a jurisdiction or electoral area is to be read as a reference to a trustee electoral area;
(c) a reference to the secretary of a regional district is to be read as a reference to the secretary treasurer of the board;
(d) a reference to the minister is to be read as a reference to the minister responsible for this Act.
(3) For a trustee election conducted by the board of School District No. 39 (Vancouver), Part I of the Vancouver Charter applies to the election except as provided in this Part.
(4) For the purposes of subsection (3), the references in Part I of the Vancouver Charter are to be read in accordance with the following:
(a) a reference to the Council is to be read as a reference to the board;
(b) a reference to the city is to be read as a reference to a trustee electoral area;
(c) a reference to the City Clerk is to be read as a reference to the secretary treasurer of the board;
(d) a reference to the minister is to be read as a reference to the minister responsible for this Act.
(5) On the application of a board, the minister may by order except the board from its obligation to hold one or both of the advance voting opportunities that would otherwise be required.
(6) In order for a bylaw under this Part, or under Part 2 of the Municipal Act or Part I of the Vancouver Charter as those Parts apply to trustee elections, to apply to a trustee election, the board must adopt the bylaw at least 4 weeks before the first day of the nomination period for the trustee election.
(7) A board may exercise the authority of a municipal council under section 103 of the Municipal Act to establish voting divisions in relation to its trustee elections and, if this is done, that section applies.
(8) For the purpose of harmonizing a trustee election with a local government election being conducted at the same time, a board may, by bylaw, provide that the bylaws of the local government under Part 2 of the Municipal Act or Part I of the Vancouver Charter apply to the trustee election.
(9) As a limit on subsection (8), a bylaw under that subsection may not provide that a bylaw of a local government under section 107 or 141 of the Municipal Act or under section 79 or 113 of the Vancouver Charter applies to a trustee election.
(10) Subsection (8) applies despite a bylaw under that subsection having the effect of creating differences in election proceedings between different trustee electoral areas.
55 (1) Except as provided in this Act,
(a) Part 2 of the Municipal Act, as that Part applies to an election for municipal councillors, applies to a trustee election that is conducted under section 46 (1) or (2) by a municipality other than the City of Vancouver, and
(b) Part I of the Vancouver Charter, as that Part applies to an election for city councillors, applies to a trustee election that is conducted under section 46 (1) or (2) by the City of Vancouver.
(2) In the case of a trustee election conducted by a municipality under section 46 (1) or (2) at the same time as a general local election under the Municipal Act or the Vancouver Charter, except as provided in this Act the trustee election must be conducted as if it were part of the general local election.
(3) A municipal council does not have authority to adopt a bylaw under section 107 or 141 of the Municipal Act or under section 79 or 113 of the Vancouver Charter, as applicable, in relation to a trustee election but, instead, the board may adopt bylaws under those sections for the trustee election.
(4) For a trustee election conducted by a municipality under section 46 (1) or (2), the board may give directions to the municipal chief election officer as to the form of ballot to be used for the trustee election.
56 The counting of the votes for a trustee election for any one trustee electoral area must not take place until the close of voting at all voting places for the school district.
57 (1) For clarification, a person who contravenes section 151, 152 or 153 of the Municipal Act or section 123, 124 or 125 of the Vancouver Charter, as those sections apply to a trustee election, commits an offence and is liable to the applicable penalties under section 154 of the Municipal Act or section 126 of the Vancouver Charter.
(2) A person who contravenes section 48 (5) commits an offence and is liable to the penalties provided in section 154 (2) of the Municipal Act.
Division 6 -- Holding Office
58 The term of office of a trustee elected at a general school election
(a) begins on the first Monday after December 1 following the election or when the person takes office in accordance with section 59 (3), whichever is later, and
(b) ends immediately before the first Monday after December 1 in the year of the next general school election or when at least 3 trustees elected at or appointed following that election have taken office, whichever is later.
59 (1) A person elected or appointed as trustee must make a prescribed oath of office, on oath or by solemn affirmation, within 40 days after the declaration of election or the appointment.
(2) The oath must be made before a judge of the Court of Appeal, Supreme Court or Provincial Court, a justice of the peace, a municipal clerk, a regional district secretary or the secretary treasurer of a board, and the person making the oath must obtain the completed oath or a certificate of it from the person administering it.
(3) A person takes office as trustee
(a) at the time the term of office begins if, at this time, the person produces or has produced the completed oath or certificate to the secretary treasurer, or
(b) at any later time that the person produces the completed oath or certificate to the secretary treasurer.
(4) A person taking office as a trustee may also make an oath of allegiance.
60 (1) A trustee may resign from office by giving written notice to the secretary treasurer of the board.
(2) The secretary treasurer must notify the board of a resignation at its next meeting after the resignation is received or, if there are no other trustees on the board, the secretary treasurer must notify the minister.
(3) A resignation is irrevocable after it is given to the secretary treasurer and is effective from the date a successor takes office or at an earlier date stated in the resignation.
61 (1) If a person appointed or elected as a trustee does not make the oath required by section 59 within the time limit set by that section, the office to which that person was appointed or elected is deemed to be vacant and the person is disqualified from holding office as a trustee until the next general school election.
(2) If a trustee is continuously absent from board meetings for a period of 3 consecutive months, unless the absence is because of illness or with the leave of the board, the office of the member is deemed to be vacant and the person who held the office is disqualified from holding office as a trustee until the next general school election.
62 (1) A trustee ceases to hold office on the 30th day following the date of any of the following:
(a) the trustee's conviction for an indictable offence;
(b) the trustee's conviction for an offence under section 177 (2);
(c) a decision of the Supreme Court, on the application of an elector of the school district, that the conviction of the trustee for any other offence renders the trustee unsuitable to perform the duties of a trustee.
(2) On the application of a trustee referred to in subsection (1), the Supreme Court may, by order, suspend the operation of that subsection for a period and on the terms the court considers appropriate.
63 (1) Subject to Part 5 and subsection (2), the right of a trustee to hold office may be determined on application to the Supreme Court and, for this purpose, section 213.1 of the Municipal Act applies.
(2) The office of a person declared disqualified on an application under subsection (1) must remain vacant if the decision is appealed and no election to fill the office may be held until the final determination of the matter or until the next general school election, whichever is earlier.
(3) As an exception to subsection (2), if fewer than 3 trustees remain in office, section 45 (5) applies to require that the vacant office be filled by election or appointment and section 147 (4) of the Municipal Act applies to the person elected or appointed to the vacant office and to the person declared disqualified.
(4) A bylaw, resolution, contract or other proceeding of a board must not be set aside or declared invalid by reason only that
(a) a person sitting or voting as a member of the board was not qualified as a trustee at or before the time of the proceeding,
(b) a trustee renounces claim to office on a board,
(c) a trustee election was set aside or declared invalid after the proceeding, or
(d) the election of a trustee was set aside or declared invalid after the proceeding.
51 Section 83 is amended by adding the following subsection:
(3) An office declared vacant under subsection (1) must remain vacant if the decision is appealed and no election to fill the office may be held until the final determination of the matter or until the next general school election, whichever is earlier.
52 Section 89 is repealed and the following substituted:
89 (1) The chairperson or other member presiding at a meeting of the board may expel from the meeting a person, other than a trustee, who the presiding member considers guilty of improper conduct.
(2) A majority of the trustees present at a meeting of the board may expel a trustee from the meeting for improper conduct.
(3) A person who disturbs, interrupts or disquiets the proceedings of a meeting of a board commits an offence.
53 Section 128 (12) is repealed and the following substituted:
(12) A vote under this section shall be conducted in accordance with the regulations.
54 Section 151 (1) (d) is repealed and the following substituted:
(d) governing the conducting of a vote under section 128 including, without limiting this, making Part 3 of the Municipal Act and, in the case of School District No. 39 (Vancouver), Part II of the Vancouver Charter apply to the extent the Lieutenant Governor in Council considers necessary, and .
55 Section 189 (1) is amended by striking out "and" at the end of paragraph (e) and by adding the following paragraphs:
(g) deeming a described class of persons to be employees of a specified board for the purposes of section 43,
(h) excepting a described class of persons from being employees of a specified board for the purposes of section 43, and
(i) establishing one or more alternative oaths of office for the purposes of section 59.
PART 3 -- ISLANDS TRUST ACT AMENDMENTS
56 Section 6 of the Islands Trust Act, S.B.C. 1989, c. 68, is repealed and the following substituted:
6 (1) For each local trust area, 2 trustees are to be elected to represent the electors of the area.
(2) The trust council has the same responsibility and authority in relation to elections for local trustees as a regional district has in relation to elections for electoral area directors.
(3) Part 2 of the Municipal Act, as it applies in relation to electoral area directors for a regional district and their election, applies in relation to local trustees and their election.
(4) For the purposes of subsection (3), the references in Part 2 of the Municipal Act are to be read in accordance with the following:
(a) a reference to a regional district board or local government is to be read as a reference to the trust council;
(b) a reference to a jurisdiction or electoral area is to be read as a reference to a local trust area;
(c) a reference to the secretary of a regional district is to be read as a reference to the officer or employee of the trust council assigned responsibility for these matters by the trust council.
(5) The term of office of a local trustee elected at the time of a general local election
(a) begins on the first Monday after December 1 following the election or when the person takes office in accordance with section 211 (4) of the Municipal Act, whichever is later, and
(b) ends immediately before the first Monday after December 1 in the year of the next general local election or when the person's successor takes office, whichever is later.
(6) Sections 211 to 213.2 of the Municipal Act apply to local trustees.
57 Section 11 (1) is repealed and the following substituted:
(1) Sections 223, 295 (1) to (4) and 296 (1) of the Municipal Act, respecting the exercise of powers by bylaw or resolution and the procedure for passing bylaws, apply to the trust council.
58 Section 24 (1) is repealed and the following substituted:
(1) Sections 223, 295 (1) to (4) and 296 (1) of the Municipal Act, respecting the exercise of powers by bylaw or resolution and the procedure for passing bylaws, apply to the local trust committees.
59 Section 26 is repealed and the following substituted:
26 For the purposes of enforcing its bylaws and section 29 of this Act, a local trust committee has all the power and authority of a regional district board and sections 294, 297 (1), 298, 299, 312, 312.1, 313, 314 (1), 316, 318, 750, 751 and 934.1 to 934.3 of the Municipal Act, as they apply to a regional district board, apply to the local trust committee.
PART 4 -- VANCOUVER CHARTER AMENDMENTS
60 Section 2 of the Vancouver Charter, S.B.C. 1953, c. 55, is amended by adding the following definitions:
"elector" means a resident elector or a property elector;
"property elector" means a person who, at the relevant time, meets the qualifications under section 24;
"resident elector" means a person who, at the relevant time, meets the qualifications under section 23; .
61 Parts I and II are repealed and the following substituted:
PART I -- ELECTORS AND ELECTIONS
Division (1) -- Interpretation
7 In this Part "additional advance voting opportunity" means a voting opportunity under section 70;
"additional general voting opportunity" means a voting opportunity under section 68;
"advance voting opportunity" means a required advance voting opportunity or an additional advance voting opportunity;
"candidate representative" means an official agent or a scrutineer appointed under section 53;
"chief election officer" means the election official referred to in section 14 (1);
"election" means an election for Mayor or an election for the number of persons required to fill the office of Councillor;
"election official" means the City Clerk, if this person is the chief election officer, or a person appointed under section 14;
"election proceedings" means nomination, voting or counting proceedings under this Part;
"elector organization" means an organization that endorses a candidate under section 51;
"financial agent" means a financial agent under section 57 of a candidate or elector organization within the meaning of Division (8);
"general voting" means voting proceedings at required general voting opportunities and additional general voting opportunities and, if applicable, those proceedings as adjourned under section 20;
"general voting day" means the day referred to in section 9 (2) or set under section 10 (5), 11 (1) or (3) or 114 (5);
"judicial recount" means a judicial recount under Division (14);
"local government" means,
(a) in relation to a municipality, including the city, the council of the municipality, and
(b) in relation to a regional district, the board of the regional district;
"neighbourhood constituency" means a neighbourhood constituency established under section 138;
"nomination documents" means the documents required by section 44 (1) and (2);
"nomination period" means the period referred to in section 41 or, if applicable, as extended by an adjournment under section 20;
"presiding election official" means, in relation to election proceedings, the chief election officer or the election official appointed under section 14 (3) (b) to act as presiding election official for those proceedings;
"required advance voting opportunity" means a voting opportunity under section 69;
"required general voting opportunity" means a voting opportunity on general voting day at a voting place under section 67;
"solemn declaration" means a declaration on oath or by solemn affirmation in accordance with section 18;
"special voting opportunity" means a voting opportunity under section 71;
"voting compartment" means an area described in section 85 (3);
"voting day" means the general voting day for an election, a day on which an advance voting opportunity for the election is offered or a day on which a special voting opportunity for the election is offered;
"voting hours" means the time during which voting is permitted on a voting day;
"voting opportunity" means an opportunity referred to in section 66 for some or all electors to vote in an election;
"voting place" means a place where voting proceedings at general voting or an advance voting opportunity are conducted.
8 Section 25 (3) of the Interpretation Act, extending a time period if the time for doing an act falls on a day when a business office is not open during regular business hours, does not apply to a voting day.
Division (2) -- Arrangements for Elections
9 (1) Elections for the Mayor and all Councillors, to be known collectively as a general local election, must be held in the year 1993 and in every 3rd year after that.
(2) General voting day for a general local election must be the 3rd Saturday of November in the year of the election.
10 (1) Except as permitted under subsections (2) and (3), an election must be held to fill a vacancy in the Council that occurs in any of the following circumstances:
(a) a person elected or appointed to the office under this Part dies before taking office or the person holding the office dies;
(b) the person holding the office resigns under section 142;
(c) the office is declared vacant on an application under section 115, or a candidate affected by such an application renounces claim to the office under subsection (9) of that section;
(d) the office becomes vacant under section 141;
(e) the office is declared vacant on an application under section 142.1;
(f) the office becomes vacant by a resolution under section 142.2 or is declared vacant on an application under subsection (4) of that section.
(2) As an exception to subsection (1), the Council may decide that an election is not to be held if the vacancy occurs after July 1 in the year of a general local election that will fill the office.
(3) As a further exception to subsection (1), the Council may decide that an election is not to be held if all the following circumstances apply:
(a) the vacancy occurs after January 1 in the year of a general local election that will fill the office;
(b) the vacancy is not in an office elected on the basis of a neighbourhood constituency;
(c) the number of remaining Council members is at least one greater than the quorum for the Council.
(4) As soon as reasonably possible after a vacancy occurs for which an election is to be held under this section, the Council must appoint a chief election officer for the election.
(5) The chief election officer must set a general voting day for the election, which must be on a Saturday no later than 80 days after the date the chief election officer was appointed.
(6) If the number of members of Council is reduced to less than a quorum, the Minister of Municipal Affairs may either
(a) order that the remaining members of the Council constitute a quorum until persons are elected and take office to fill the vacancies, or
(b) appoint qualified persons to fill the vacancies until persons are elected and take office to fill them.
(7) A person elected under this section holds office until the applicable time referred to in section 139 (1) (b) or (2) (b).
11 (1) If an election is not held or a vacant office is not otherwise filled as required by or under this Act, the Minister of Municipal Affairs may
(a) set a general voting day for the election, appoint a chief election officer and otherwise arrange for the election to be conducted, or
(b) order the City Clerk to arrange for the election to be conducted.
(2) If considered necessary in relation to an election under subsection (1), the Minister of Municipal Affairs may make orders to provide for the conduct of the election and for the governing of the city until the candidates elected in that election take office, including orders that provide for exceptions to provisions of this Act and regulations or by- laws under this Act.
(3) The general voting day for an election under this section must be on a Saturday set by the Minister of Municipal Affairs or by the chief election officer in accordance with the directions of the minister.
12 (1) Unless otherwise provided, in order for a by-law under this Part or under section 319 (d) or (e), 491 (c) or 571A to apply in relation to a general local election, the by-law must be adopted at least 8 weeks before the first day of the nomination period of the general local election.
(2) Unless otherwise provided, in order for a by-law referred to in subsection (1) to apply in relation to an election under section 10, the by-law must be adopted at least 6 weeks before the first day of the nomination period for the election.
13 (1) The costs of an election, including the costs of registration of electors for the election, are the responsibility of the city unless otherwise agreed under this section.
(2) The Council may enter into an agreement with another local government or a board of school trustees under which one party to the agreement conducts an election for the other or in conjunction with an election of the other and, in relation to this, the agreement may provide for the sharing of costs of the elections.
(3) If the Council is a party to an agreement under subsection (2), it may, by by-law, provide that the by-laws of the other party respecting elections apply to elections conducted under the agreement.
14 (1) For the purposes of conducting an election, the City Clerk is to be the chief election officer unless the Council appoints another person to be the chief election officer.
(2) The chief election officer must appoint election officials required for the administration and conduct of the election.
(3) Without limiting the generality of subsection (2), the chief election officer must appoint the following:
(a) a deputy chief election officer;
(b) presiding election officials for election proceedings where the chief election officer is not acting as presiding election official;
(c) election officials to act as alternate presiding election officials for election proceedings;
(d) election officials required to assist the presiding election official at election proceedings.
(4) The chief election officer may delegate the authority under subsection (3) (d) to the presiding election official for the election proceedings.
(5) The chief election officer may appoint peace officers as election officials to assist presiding election officials in fulfilling their duty to maintain peace and order at the election proceedings for which they are responsible.
(6) If an election official is absent or unable to act, a person appointed under this section as deputy or alternate for the official must perform the duties and has the powers of the official.
(7) A candidate, candidate representative or financial agent may not be appointed as an election official.
(8) Before assuming duties, an election official must make a solemn declaration that the person
(a) will faithfully and impartially fulfill the duties of the position to which the election official is appointed,
(b) has not received and will not accept any inducement to perform the duties of the position otherwise than impartially and in accordance with this Act or to otherwise subvert the election,
(c) will preserve the secrecy of the ballot in accordance with section 85, and
(d) is not and will not become a candidate, candidate representative or financial agent while holding the position of an election official.
15 (1) In addition to all other duties established by this Part, the chief election officer must do the following:
(a) ensure that a sufficient number of ballots are prepared for an election by voting;
(b) ensure that each voting place is supplied with sufficient numbers of ballots, ballot boxes and voting books and has an area that may be used as a voting compartment;
(c) take all reasonable precautions to ensure that a person does not vote more than once in an election;
(d) do all other things necessary for the conduct of an election in accordance with this Part and any regulations and by-laws under this Part.
(2) In addition to all other powers given by this Part, the chief election officer may do one or more of the following:
(a) exercise any power conferred on a presiding election official in relation to the election proceedings for which the presiding election official is responsible;
(b) take solemn declarations where these are required by this Part;
(c) as an exception to the restrictions on where an elector may vote, authorize an election official to vote at the voting place at which the official is working rather than at the voting place for the voting division in which the election official is entitled to vote;
(d) delegate the chief election officer's duties and powers to other election officials, subject to any restrictions or conditions specified by the chief election officer;
(e) apply to the Minister of Municipal Affairs for an order under section 127.
16 (1) In addition to other responsibilities established by this Part, a presiding election official for election proceedings must
(a) ensure, so far as possible, that this Part and regulations and by-laws under it are being complied with, and
(b) take all reasonable precautions to keep the ballots and ballot boxes secure from persons not entitled to have access to them.
(2) In addition to other powers conferred by this Part, a presiding election official may
(a) take solemn declarations where these are required by this Part in relation to the election proceedings for which the presiding election official is responsible, and
(b) if section 125 (4) (c) or (d) is being contravened, enter on the property where the materials that are the subject of the contravention are located and remove or cover them or otherwise obscure them from view, or authorize another person to do so.
Division (3) -- Election Proceedings Generally
17 (1) If this Part requires notice to be given in accordance with this section, the notice must, if possible, be given within the applicable time period by publication in a newspaper or other local periodical or publication that contains items of news and advertising and is distributed at least weekly in the area that is affected by the matter.
(2) If publication under subsection (1) is not possible, the notice must be given to the public by alternative means within the same time period.
(3) Notices to which this section applies may be combined as long as the requirements of all applicable sections are met.
18 (1) Where this Part requires a solemn declaration to be made, the declaration must be
(a) made on oath or by solemn affirmation,
(b) made before a commissioner for taking affidavits for British Columbia or a person authorized by this Part to take the oath or solemn affirmation, and
(c) signed by the person making the oath or solemn affirmation and by the person before whom it is made.
(2) If a regulation under section 128 applies, the declaration must be made in a form prescribed by the regulation.
19 (1) A presiding election official must maintain peace and order so far as reasonably possible at the election proceedings for which the presiding election official is responsible.
(2) For the purposes of this section, the presiding election official may do one or more of the following:
(a) restrict or regulate the number of persons admitted at any time to the place where the proceedings are being conducted;
(b) order a person to leave the place where the proceedings are being conducted if the circumstances referred to in subsection (3) (a) to (d) occur;
(c) order the removal of a person ordered to leave if that person does not comply;
(d) require the assistance of peace officers or of persons present at the place where the proceedings are being conducted.
(3) The presiding election official may require a person to provide identification and the person must comply with that requirement if, in the opinion of the presiding election official, that person
(a) is present at a place when not permitted to be present by this Act or by a regulation or by-law under this Act,
(b) is disturbing the peace and order of the proceedings,
(c) is interfering with the conduct of the proceedings, or
(d) is contravening any provision of this Part or of a regulation or by-law under this Part.
(4) A person ordered to leave under subsection (2) (b) must leave the place and the immediate vicinity of the place at which the election proceedings are being conducted and must not return while these election proceedings are being conducted unless permitted to do so by the presiding election official.
(5) The authority under subsection (2) must not be used to prevent an elector otherwise entitled to vote at the place from exercising the right to vote.
20 (1) Election proceedings may be adjourned by the presiding election official in accordance with this section if the presiding election official considers that the health or safety of persons is at risk, or that the integrity of the proceedings is at risk.
(2) Election proceedings may be adjourned
(a) temporarily to another time on the same day or another time on the same day at another place specified by the presiding election official, or
(b) to a day, time and place to be set by the chief election officer.
(3) The presiding election official must notify the chief election officer as soon as possible of any adjournment and must follow any directions the chief election officer considers appropriate in the circumstances.
(4) While proceedings are adjourned, the presiding election official must make all reasonable efforts to ensure that the election materials are secured and that the integrity of the election is not compromised.
(5) The presiding election official must give notice to persons affected by an adjournment as directed by the chief election officer or, in the absence of direction, in any manner the official considers appropriate.
(6) Proceedings that are recommenced after an adjournment must continue for such a period that the total time for the proceedings is the same regardless of the adjournment.
(7) If voting proceedings are adjourned, the counting of the vote must not be started until the close of voting at the adjourned proceedings.
21 (1) The provisions of this section are exceptions for allowing persons to exercise their rights under this Part in circumstances where they would otherwise be unable to do so.
(2) If a person is required by this Part to sign a document and is unable to do so, the presiding election official or an election official authorized by the presiding election official may either sign on behalf of the person or have the person make his or her mark and witness that mark.
(3) If a person is required by this Part to make a solemn declaration or to provide information to an election official and requires the assistance of a translator to do this, the presiding election official must permit another person to act as translator so long as that person first makes a solemn declaration that he or she is able to make the translation and will do so to the best of his or her abilities.
(4) The obligation to provide a translator rests with the person who is required to make the solemn declaration or provide the information and, if that person does not provide a translator, that person must be considered to have refused to make the solemn declaration or provide the information.
Division (4) -- Electors
22 (1) In order to vote at an election, a person
(a) must meet the requirements of section 23 (1) (a) to (e) or 24 (1) (a) to (f) at the time of voting,
(b) must not be disqualified by this Act or any other enactment from voting in the election or be otherwise disqualified by law, and
(c) must be registered as an elector of the city.
(2) The following persons are disqualified from voting at an election:
(a) a person who has not completed the sentence for an indictable offence, unless the person is released on probation or parole and is not in custody;
(b) a person who is involuntarily confined to a psychiatric or other institution as a result of being acquitted of or found not criminally responsible for an offence under the Criminal Code on account of mental disorder;
(c) a person who is prohibited from voting
(i) under Division (17) as it applies to elections or voting on any other matter under this or any other Act, or
(ii) under Division (17) of Part 2 of the Municipal Act as it applies to elections or voting on any other matter under that or any other Act.
(3) For clarification, no corporation is entitled to be registered as an elector or have a representative registered as an elector and no corporation is entitled to vote.
(4) A person must not vote at an election unless entitled to do so.
23 (1) In order to be registered as a resident elector of the city, a person must meet all the following requirements on the day of registration:
(a) the person must be an individual who is, or who will be on the general voting day, age 18 or older;
(b) the person must be a Canadian citizen;
(c) the person must have been a resident of British Columbia, as determined in accordance with section 25, for at least 6 months immediately before that day;
(d) the person must have been a resident of the city, as determined in accordance with section 25, for at least 30 days immediately before that day;
(e) the person must not be disqualified by this Act or any other enactment from voting in an election or be otherwise disqualified by law.
(2) If the boundaries of the city are extended, a person is deemed to have satisfied the requirement of subsection (1) (d) if, for at least 30 days before the person applies for registration as an elector, the person has been a resident, as determined in accordance with section 25, of the area that is included in the city.
24 (1) In order to be registered as a property elector of the city, a person must meet all the following requirements on the day of registration:
(a) the person must not be entitled to register as a resident elector of the city;
(b) the person must be an individual who is, or who will be on the general voting day, age 18 or older;
(c) the person must be a Canadian citizen;
(d) the person must have been a resident of British Columbia, as determined in accordance with section 25, for at least 6 months immediately before that day;
(e) the person must have been a registered owner of real property in the city for at least 30 days immediately before that day;
(f) the person must not be disqualified by this Act or any other enactment from voting in an election or be otherwise disqualified by law.
(2) A person may only register as a property elector in relation to one parcel of real property in the city.
(3) If the boundaries of the city are extended, a person is deemed to have satisfied the requirement of subsection (1) (e) if, for at least 30 days before the person applies for registration as a property elector, the person has been a registered owner of property within the area that is included in the city.
(4) For the purposes of this section, the registered owner of real property means whichever of the following is applicable:
(a) the owner of a registered estate in fee simple of the property, unless another person holds an interest in the property referred to in paragraphs (b) to (d);
(b) the holder of the last registered agreement for sale, unless another person holds an interest in the property referred to in paragraph (c) or (d);
(c) the tenant for life under a registered life interest in the property, unless another person holds an interest in the property referred to in paragraph (d);
(d) the holder of a registered lease of the property for a term of at least 99 years.
(5) If there is more than one individual who is the registered owner of real property, either as joint tenants or tenants in common, only one of those individuals may register as a property elector under this section in relation to the real property.
(6) If the land title registration of the real property in relation to which a person is registering under this section indicates that there is more than one individual who is the registered owner of the real property, the person registering must do so with the written consent of the number of those individuals who, together with the person registering, are a majority of those individuals.
(7) A registered owner who has consented to the registration of another registered owner of the property may withdraw the consent by delivering a written withdrawal to the City Clerk.
(8) Once a withdrawal of consent has been delivered in accordance with subsection (7), the person registered as the property elector in relation to the property ceases to be entitled to be registered and vote as such if the number of individuals referred to in subsection (6) falls below a majority of the registered owners, with this effective
(a) for the next election, in the case of a withdrawal delivered at least 52 days before general voting day for the election, and
(b) following the next election, in the case of a withdrawal delivered less than 52 days before general voting day for the election.
25 (1) The following rules apply to determine the area in which a person is a resident:
(a) a person is a resident of the area where the person lives and to which, whenever absent, the person intends to return;
(b) a person may be the resident of only one area at a time for the purposes of this Part;
(c) a person does not change the area in which the person is a resident until the person has a new area in which the person is a resident;
(d) a person does not cease being a resident of an area by leaving the area for temporary purposes only.
(2) As an exception to subsection (1), if a person establishes for the purposes of attending an educational institution a new area in which the person is a resident that is away from the usual area in which the person is a resident, the person may choose for the purposes of this Part either the usual area or the new area as the area in which the person is a resident.
26 (1) A person may register as an elector
(a) at the time of voting in accordance with section 30, or
(b) by advance registration in accordance with section 29, if this is available.
(2) If a by-law under section 32 is in effect, a person entitled to register as a resident elector of the city may effectively register as such by registering as a voter under the Election Act in sufficient time to have the person's name appear on the Provincial list of voters that becomes, under the by-law, the register of resident electors for the city.
27 (1) The Council may, by by-law, limit registration of electors to registration at the time of voting.
(2) A by-law under subsection (1) must be approved by the Minister of Municipal Affairs.
28 (1) An application for registration as an elector must include the following information:
(a) in the case of registration as a resident elector,
(i) the full name of the applicant,
(ii) the residential address of the applicant, and the mailing address if this is different, and
(iii) either the birth date or social insurance number of the applicant;
(b) in the case of registration as a property elector,
(i) the full name of the applicant,
(ii) the address or legal description of the real property in relation to which the person is registering and the mailing address of the applicant, and
(iii) either the birth date or the social insurance number of the applicant;
(c) a declaration that the applicant meets the requirements of section 22 (1) (a) and (b) to be registered as an elector;
(d) any other information required by regulation under section 128 to be included.
(2) An application must be signed by the applicant and by a witness to the signature of the applicant and must include the residential address of the witness if this is not a person authorized by the chief election officer or by the City Clerk.
(3) For the purpose of subsection (1), an address of an applicant that indicates the area in which the applicant is resident within the meaning of section 25 is sufficient if, in the opinion of the person authorized to receive the application, it indicates the location for the purpose of determining whether the applicant is resident in the city.
(4) In the case of an application for registration as a property elector, the application must be accompanied by
(a) proof satisfactory to the person receiving the application that the applicant is entitled to register in relation to the real property referred to in subsection (1) (b), and
(b) if applicable, the written consent from the other registered owners of the real property required by section 24 (6).
29 (1) If advance registration is available except during the closed period under subsection (4), a person may register as an elector by delivering an application and accompanying documents in accordance with section 28
(a) to the office of the City Clerk at the City Hall during its regular office hours,
(b) at a special registration opportunity under subsection (6), or
(c) at other times and places authorized by the City Clerk.
(2) If no by-law under section 27 applies, advance registration must be available in accordance with this section.
(3) If advance registration is required, it must be available to both resident electors and property electors unless deemed registration of resident electors under section 32 is in effect.
(4) Advance registration closes 53 days before general voting day and does not reopen until the Monday after the close of general voting, subject to any extension of this closed period in relation to an election under section 114.
(5) At least 6 but not more than 30 days before the start of the closed period under subsection (4), the City Clerk must give public notice of the closed period in accordance with section 17.
(6) For the purpose of encouraging persons to register as electors,
(a) the Council may direct the City Clerk to arrange an enumeration of the city, and
(b) the City Clerk may arrange other special opportunities for persons to apply to register as electors.
(7) The City Clerk must ensure that application forms are available from the City Hall during its regular office hours at any time when advance registration as an elector is permitted.
30 (1) A person may register as an elector immediately before voting by
(a) delivering an application form in accordance with section 28 to the election official responsible at the place where the person is voting or providing to that official the information required under that section in the manner established by the chief election officer, and
(b) in the case of a person applying to register as a property elector, delivering a certificate under section 31 to the election official responsible at the place where the person is voting.
(2) The election official responsible for receiving application forms under subsection (1) is the presiding election official or another election official designated by the presiding election official.
31 (1) In order to obtain a certificate to register as a property elector under section 30, a person must apply for the certificate at least 14 days before general voting day.
(2) The application must be made at the City Hall, to the City Clerk or to another official of the city authorized by the City Clerk.
(3) The City Clerk or other authorized official must issue a certificate if the person proposing to register provides
(a) proof satisfactory to the official that the person applying will be entitled to register in relation to that real property at the time the person votes, and
(b) if applicable, the written consent from the other registered owners of the real property required by section 24 (6).
(4) A certificate under this section must
(a) state the name of the person entitled to register as a property elector under the certificate,
(b) identify the real property in relation to which the person is entitled to register, and
(c) be signed by the issuing official.
(5) The City Clerk must maintain a record of all certificates issued under this section.
32 (1) Instead of maintaining an ongoing register of resident electors, the Council may, by by-law, provide that the most current available Provincial list of voters prepared under the Election Act is to be the register of resident electors of the city.
(2) A by-law under subsection (1) must require that the Provincial list of voters becomes the register of resident electors no later than 52 days before any election to which the by-law applies.
(3) If a by-law under subsection (1) applies,
(a) any previous register of resident electors for the city is cancelled, effective at the time the Provincial list of voters becomes the register,
(b) a person who, on the basis of the Provincial list of voters, appears to meet the qualifications to be registered as a resident elector of the city is deemed to be registered as such an elector, and
(c) the city may have, but is not required to have, advance registration under section 29 for resident electors.
33 (1) Unless a by-law under section 27 applies or all or the applicable part of the register of electors is cancelled, a person registered as an elector continues to be an elector as long as the person meets the requirements for registration.
(2) If a by-law under section 27 applies, registration as an elector is effective only for the elections for which the voting is being conducted at that time.
34 (1) Subject to section 32, a register of electors must be maintained if advance registration is available.
(2) The City Clerk is the official responsible for maintaining the register of electors.
(3) The register of electors must separately record resident electors and property electors and, for each elector, must record the name of the elector and the address or addresses of the elector required to be included on an application under section 28.
(4) For the purposes of maintaining the register of electors, the City Clerk
(a) must add to the register persons who have registered in accordance with section 29 or 30,
(b) may add to the register persons who meet the requirements of section 23 (1) to be registered as resident electors, as evidenced by a current Provincial list of voters under the Election Act,
(c) may add to the register persons who meet the requirements of section 23 (1) to be registered as resident electors, as evidenced by registration under section 133,
(d) despite section 33 (2), for a new register established after a by-law under section 27 ceases to be in force, may add to the register
(i) persons whose names were included in the previous register, and
(ii) persons who registered for elections conducted while the by-law was in force,
(e) if all or part of a register is cancelled under subsection (7) or section 32, may add to the new register persons whose names were included in the cancelled register,
(f) on evidence satisfactory to the City Clerk, may delete from the register the names of persons who have died or who are no longer qualified as electors, and
(g) on evidence satisfactory to the City Clerk, may amend the register to show correctly the information to be included in the register.
(5) A person whose name is added to the register under subsection (4) (b), (c), (d) or (e) is deemed to have registered as an elector, as recorded in the register, and section 33 (1) applies to the registration.
(6) The City Clerk may authorize a person to assist in the duties under this section and may authorize the person to exercise the City Clerk's powers under this section.
(7) The Council or the Minister of Municipal Affairs may order the cancellation of an existing register of electors, or a portion of it, and direct the preparation of a new register.
35 (1) If a register of electors is required under section 34, the City Clerk must prepare a list of registered electors to be used for the purposes of administering an election.
(2) The list of registered electors must give the names and addresses of all persons included on the register of electors at the time the list is prepared and must indicate whether a person is a resident elector or a property elector.
(3) From the 46th day before general voting day until the close of general voting, a copy of the list of registered electors as it stands at the beginning of that period must be available for public inspection at the City Hall during its regular office hours.
(4) Before inspecting the list of registered electors, a person other than a city officer or employee acting in the course of duties must sign a statement that the person will not inspect the list or use the information included in the list except for the purposes of this Part.
(5) The City Clerk must ensure that the statements referred to in subsection (4) are kept until after general voting day for the next general local election.
(6) At least 6 but not more than 30 days before the first day the list of registered electors must be available under subsection (3), notice must be given in accordance with section 17
(a) that a copy of the list of registered electors will be available for public inspection at the City Hall during its regular office hours from the date specified in the notice until the close of general voting for the election, and
(b) that an objection to the registration of a person as an elector may be made in accordance with section 36 before 4 p.m. on the 36th day before general voting day.
(7) The list of registered electors must be updated to reflect the changes to the register of electors made after any objections under section 36 have been dealt with.
(8) Each person who has been nominated in accordance with section 45 is entitled, for use by the person for the purposes of the election, to one copy of the list of registered electors without charge and, on payment to the city of the reasonable costs of reproduction, to other copies as requested by the person.
36 (1) The registration of a person whose name appears on the list of registered electors under section 35 (3) may be objected to in accordance with this section.
(2) An objection must be received by the City Clerk, or a person designated for this purpose by the City Clerk, before 4 p.m. on the 36th day before general voting day.
(3) An objection may only be made by a person entitled to be registered as an elector.
(4) An objection may only be made on the basis
(a) that the person whose name appears has died, or
(b) that, at the time of the objection, the person is not qualified to be registered as an elector.
(5) An objection must be made in writing, signed by the person making it and include the following:
(a) the name and address, as shown in the list of registered electors, of the person against whose registration the objection is made;
(b) the basis of the objection, including a statement of the facts that the objector believes support this;
(c) the name and address of the person making the objection.
(6) On receiving an objection, the City Clerk must make a reasonable effort to notify the person against whom the objection is made of
(a) the objection,
(b) the name of the person who made the objection, and
(c) the basis on which the objection is made.
37 (1) An objection under section 36 on the basis of death must be resolved by the City Clerk in accordance with the following:
(a) the City Clerk must have a search made of the records under the Vital Statistics Act;
(b) if a record of death is found and the City Clerk is satisfied that it applies to the person whose registration is being objected to, the City Clerk must remove the person's name from the register of electors;
(c) if a record of death is not found and the City Clerk is unable to contact the person, the City Clerk must proceed in accordance with subsection (2) (c) and (d).
(2) An objection on the basis that a person is not entitled to be registered as an elector must be resolved by the City Clerk in accordance with the following:
(a) if, after receiving notice of the objection, the person provides proof satisfactory to the City Clerk of the person's entitlement to be registered or makes a solemn declaration as to that entitlement, the person's name is to stay on the register of electors;
(b) if, after receiving notice of the objection, the person does not provide proof of entitlement or make a solemn declaration as to entitlement, the City Clerk must remove the person's name from the register of electors;
(c) if the City Clerk is unable to contact the person, the City Clerk must require the person who made the objection to provide proof satisfactory to the City Clerk of the basis of the objection and, if this is done, must remove the name from the register of electors;
(d) if the person who made the objection does not provide satisfactory proof as required by paragraph (c), the name is to stay on the register of electors.
Division (5) -- Qualifications for Office
38 (1) A person is qualified to be nominated for office, and to be elected to and hold office, as a member of Council if at the relevant time the person meets all the following requirements:
(a) the person must be an individual who is, or who will be on general voting day for the election, age 18 or older;
(b) the person must be a Canadian citizen;
(c) the person must have been a resident of British Columbia, as determined in accordance with section 25, for at least 6 months immediately before the relevant time;
(d) the person must not be disqualified by this Act or any other enactment from voting in an election in British Columbia or from being nominated for, being elected to or holding the office, or be otherwise disqualified by law.
(2) Without limiting subsection (1) (d), the following persons are disqualified from being nominated for, being elected to or holding office as a member of Council:
(a) a person who is a judge of the Court of Appeal, Supreme Court or Provincial Court;
(b) a person who is disqualified under section 39 as an employee of the city, except as authorized under that section;
(c) a person who is prohibited from holding elected office
(i) under Division (17) as it applies to elections or voting on any other matter under this or any other Act, or
(ii) under Division (17) of Part 2 of the Municipal Act as it applies to elections or voting on any other matter under that or any other Act;
(d) a person who is disqualified under section 63 or 141;
(e) a person who is disqualified under any other enactment.
39 (1) For the purposes of this section, "employee" means
(a) an employee or salaried officer of the city or a regional district in which all or part of the city is located, or
(b) a person who is within a class of persons deemed by regulation under section 128 to be employees of the city or a specified regional district in which all or part of the city is located, but does not include a person who is within a class of persons excepted by regulation under section 128.
(2) Unless the requirements of this section are met, an employee of the city is disqualified from being nominated for, being elected to or holding office
(a) as a member of Council, or
(b) as a member of the board of a regional district in which all or part of the city is located.
(3) Unless the requirements of this section are met, an employee of a regional district in which all or part of the city is located is disqualified from being nominated for, being elected to or holding office as a member of the Council.
(4) Before being nominated for an office to which subsection (2) or (3) applies, the employee must give notice in writing to his or her employer of the employee's intention to consent to nomination.
(5) Once notice is given under subsection (4), the employee is entitled to and must take a leave of absence from the employee's position with the employer for a period that, at a minimum,
(a) begins on the first day of the nomination period or the date on which the notice is given, whichever is later, and
(b) ends, as applicable,
(i) if the person is not nominated before the end of the nomination period, on the day after the end of that period,
(ii) if the person withdraws as a candidate in the election, on the day after the withdrawal,
(iii) if the person is declared elected, on the day the person resigns in accordance with subsection (8) or on the last day for taking office before the person is disqualified under section 141,
(iv) if the person is not declared elected and no application for judicial recount is made, on the last day on which an application for a judicial recount may be made, or
(v) if the person is not declared elected and an application for judicial recount is made, on the date when the results of the election are determined by or following the judicial recount.
(6) If agreed by the employer, as a matter of employment contract or otherwise, the leave of absence under this section may be for a period longer than the minimum required by subsection (5).
(7) Sections 53 and 54 of the Employment Standards Act apply to a leave of absence under this section.
(8) Before making the oath of office under section 140, an employee on a leave of absence under this section who has been elected must resign from the person's position with the employer.
(9) At the option of the employee, a resignation under subsection (8) may be conditional on the person's election not being declared invalid on an application under section 115.
40 (1) At any one time a person may not hold more than one elected office on Council.
(2) At any one time a person may not be nominated for more than one elected office on Council.
(3) A current member of Council may not be nominated for an election under section 10 for another office on Council unless the person resigns from office in accordance with section 142 within 14 days after the day on which, as applicable, the Council directs the City Clerk to conduct the election or another person is appointed as chief election officer.
Division (6) -- Nominations
41 (1) The period for receiving nominations begins at 9 a.m. on the 46th day before general voting day and ends at 4 p.m. on the 36th day before general voting day.
(2) If the first day of the nomination period would otherwise fall on a holiday, the nomination period begins on the next day that is not a holiday.
(3) If the last day of the nomination period would otherwise fall on a holiday, the nomination period ends on the last day before that day that is not a holiday.
42 (1) At least 6 but not more than 30 days before the nomination period begins, the chief election officer must issue a notice of nomination under this section in accordance with section 17.
(2) The notice must include the following information:
(a) the offices for which candidates are to be elected;
(b) the dates, times and places at which nominations will be received;
(c) how interested persons can obtain information on the requirements and procedures for making a nomination;
(d) any other information required to be included by regulation under section 128.
(3) The notice may include any other information the chief election officer considers appropriate.
(4) The chief election officer may provide for additional notice of the call for nominations to be given to the public.
43 (1) A nomination for office as a member of Council must be made in writing in accordance with section 44 by 2 persons who are electors of the city.
(2) In the case of a nomination for an office to be filled on a neighbourhood constituency basis, a person making the nomination must also be qualified as a resident elector or a property elector in relation to the area of the neighbourhood constituency.
(3) Each person nominated must be nominated by separate nomination documents, but a person entitled to make a nomination may subscribe to as many nomination documents as there are persons to be elected to fill the office for which the election is being held.
44 (1) A nomination for office as a member of Council must be in written form and must include the following:
(a) the full name of the person nominated;
(b) the usual name of the person nominated, if the full name of the person is different from the name the person usually uses and the person wishes to have his or her usual name on the ballot instead;
(c) the office for which the person is nominated;
(d) if applicable, a statement that the person nominated is endorsed by an elector organization in accordance with section 51 and wishes to have the endorsement of this elector organization included on the ballot;
(e) the residential address of the person nominated and the mailing address if this is different;
(f) the names and residential addresses of the nominators and, if a nominator is a property elector, the address of the property in relation to which the nominator is a property elector;
(g) a statement signed by the nominators that, to the best of their knowledge, the person nominated is qualified under section 38 to be nominated.
(2) A nomination must be accompanied by the following:
(a) a statement signed by the person nominated consenting to the nomination;
(b) a solemn declaration of the person nominated that he or she is qualified under section 38 to be nominated for the office, either made in advance or taken by the chief election officer at the time the nomination documents are delivered;
(c) if the nomination requests under subsection (1) (d) that endorsement by an elector organization be shown on the ballot,
(i) the solemn declaration under section 51, and
(ii) the written consent of the person nominated to the endorsement;
(d) the written disclosure required by section 2 (1) of the Financial Disclosure Act.
(3) A person must not consent to be nominated knowing that he or she is not qualified to be nominated.
(4) The chief election officer may require a person nominated to provide a telephone number at which the person may be contacted.
45 (1) In order to make a nomination, the documents required by section 44 must be received before the end of the nomination period by the chief election officer or a person designated by the chief election officer for this purpose.
(2) The obligation to ensure that nomination documents are received in accordance with this section rests with the person being nominated.
(3) For the purposes of subsection (1), nomination documents
(a) must be received at the office of the City Clerk during its regular office hours, and
(b) may be received at other times and places as specified by the chief election officer.
(4) Nomination documents may be delivered by hand, by mail or other delivery service or by facsimile transmission with originals to follow.
(5) If the originals of nomination documents delivered by facsimile transmission are not received by the chief election officer by the end of the 29th day before general voting day, the person nominated is deemed to have withdrawn from being a candidate in the election.
(6) Nomination documents delivered to the chief election officer must be available for public inspection at the City Hall during its regular office hours from the time of delivery.
(7) Before inspecting nomination documents, a person other than a city officer or employee acting in the course of duties must sign a statement that the person will not inspect the documents or use the information included in them except for the purposes of this Act.
(8) The City Clerk must ensure that the statements referred to in subsection (7) are kept until after general voting day for the next general local election.
46 (1) Immediately following the end of the nomination period, the chief election officer must declare as candidates for an elected office all persons who have been nominated for the office.
(2) If there are fewer persons declared as candidates than there are to be elected, additional nominations must be received by the chief election officer from the time of the declaration under subsection (1) up until 4 p.m. on the 3rd day after the end of the nomination period.
(3) If reasonably possible, the chief election officer must give notice to the public of an extended time for receiving nominations under subsection (2).
(4) At the end of the time for receiving additional nominations under subsection (2), the chief election officer must declare as candidates for an elected office all additional persons who have been nominated for the office.
47 (1) A nomination may only be challenged by an application to the Provincial Court in accordance with this section.
(2) The time period during which a challenge may be made is between the time of the delivery of the nomination documents in accordance with section 45 and 4 p.m. on the 4th day after the end of the nomination period.
(3) A challenge may be made only by a person who is an elector or by another nominee.
(4) A challenge may be made only on one or more of the following bases:
(a) that the person is not qualified to be nominated or elected;
(b) that the nomination was not made in accordance with sections 43 to 45;
(c) that the usual name given under section 44 (1) (b) in the nomination documents is not in fact the usual name of the person;
(d) that the person is not in fact endorsed by the elector organization named in the nomination documents or that the named organization is not an elector organization within the meaning of section 51 or is disqualified under section 64 from endorsing a candidate.
(5) The document filed with the Provincial Court to commence a challenge must briefly set out the facts on which the challenge is based and must be supported by affidavit as to those facts.
(6) At the time a challenge is commenced, a time must be set for the hearing that is adequate to allow the Provincial Court to give its decision on the matter within the time limit set by subsection (8).
(7) The person making a challenge must notify affected persons by
(a) immediately notifying the chief election officer and the person whose nomination is challenged that a challenge will be heard by the Provincial Court at the time set under subsection (6), and
(b) within 24 hours of filing the document commencing the application, serving on these persons that document, the accompanying affidavit and a notice of the time for the hearing.
(8) Within 72 hours of the end of the period for commencing a challenge, the Provincial Court must hear and determine the matter and must issue an order, as applicable,
(a) confirming the person as a candidate or declaring that the person is no longer a candidate,
(b) declaring that the person is or is not entitled to have the usual name indicated in the nomination documents used on the ballot, or
(c) declaring that the organization named in the nomination documents is or is not entitled to have its endorsement included on the ballot.
(9) The Provincial Court may order that the costs of a challenge, within the meaning of the Rules of Court for the Supreme Court, be paid in accordance with the order of the Provincial Court.
(10) The decision of the Provincial Court on a challenge under this section is final and may not be appealed.
48 (1) At 4 p.m. on the Monday following the last day for determining a challenge under section 47, the chief election officer must declare the election in accordance with this section.
(2) If there are more candidates for an office than there are to be elected for the office, the chief election officer must declare that an election by voting is to be held.
(3) If no more candidates for an office are nominated than there are to be elected for that office, the chief election officer must declare the candidate or candidates elected by acclamation.
49 (1) At least 6 but not more than 30 days before general voting day for an election by voting under section 48 (2), the chief election officer must issue a notice of election in accordance with section 17.
(2) The notice must include the following information:
(a) the offices for which persons are to be elected;
(b) the usual names and residential addresses of the candidates for each office;
(c) the date of general voting day, the voting places for required general voting opportunities and the voting hours for those places;
(d) that voting divisions will be used in the election;
(e) that electors residing in a voting division, or who are property electors in relation to property within that voting division, will be entitled to vote on general voting day only at the voting place specified for the voting division unless they are voting at an additional general voting opportunity or a special voting opportunity, if any is offered;
(f) either
(i) the boundaries of each voting division and the voting place for each division, or
(ii) how electors can obtain information as to where they are entitled to vote on general voting day;
(g) if applicable, information required to be included under section 138 (6) regarding neighbourhood constituencies.
(3) The notice may also include any other information the chief election officer considers appropriate.
(4) The chief election officer may provide for additional notice of the election to be given to the public.
50 (1) If there are fewer candidates declared elected by acclamation under section 48 than there are to be elected, the Council must appoint a person to each vacant office,
(a) in the case of a general local election, within 30 days after the first meeting of the Council at which the persons elected in the election are holding office, and
(b) in other cases, within 30 days after the first meeting of the Council after the declaration of the election results.
(2) If the Council fails to make an appointment required by subsection (1), or if there is no quorum of Council able to make the appointment, the Minister of Municipal Affairs must appoint a person to each vacant office.
(3) A person appointed under this section
(a) must be qualified under section 38 to hold the office, and
(b) as applicable, must reside in the city or neighbourhood constituency at the time of appointment.
(4) A person appointed as a member of the Council under this section or any other provision of this Act has the same rights, duties and powers as a person elected as a member.
(5) An enactment that applies to an elected member of Council applies to a person appointed under this section in the same manner as if the person had been elected at the election in relation to which the appointment is made.
Division (7) -- Candidates and Representatives
51 (1) In order for an organization, whether incorporated or unincorporated, to have its endorsement of a candidate included on a ballot, the organization must
(a) have been in existence for at least 60 days immediately before the solemn declaration under subsection (3) is made, and
(b) have had a membership of at least 50 electors throughout the period referred to in paragraph (a).
(2) An organization must indicate its endorsement by authorizing a director or other official to make the solemn declaration described in subsection (3).
(3) The solemn declaration of the official of the elector organization must include the following:
(a) a statement that, to the best of the knowledge, information and belief of the official, the elector organization
(i) has been in existence for at least 60 days immediately before the date on which the solemn declaration is made,
(ii) has had a membership of at least 50 electors throughout the period referred to in subparagraph
(i), and
(iii) has authorized the official to make the solemn declaration;
(b) the name of the candidate endorsed by the elector organization;
(c) the corporate name, if any, of the elector organization, the usual name of the organization and any abbreviations, acronyms and other names used by the elector organization;
(d) a statement as to which name, abbreviation or acronym referred to in paragraph (c) is the one that the elector organization wishes to have included on the ballot;
(e) the name of the director or other official responsible for the financial affairs of the elector organization;
(f) the name of the president, chair or other chief official of the elector organization and an address and telephone number at which this person can be contacted;
(g) any other matter required to be included by regulation under section 128.
(4) The name, abbreviation or acronym referred to in subsection (3) (d) must not
(a) include any matter that is prohibited by section 77 from being included on the ballot, or
(b) be, in the opinion of the chief election officer, so similar to the name, abbreviation or acronym of another elector organization whose endorsement of a candidate appeared on a ballot at the preceding general local election or a later election as to be confusing to the electors.
(5) A solemn declaration under subsection (3) may be made in relation to more than one candidate in an election, but only one elector organization endorsement may be shown on a ballot in relation to a candidate.
(6) An elector organization endorsement must not appear on a ballot if
(a) the elector organization withdraws its endorsement before 4 p.m. on the 29th day before general voting day by delivering to the chief election officer by that time a written withdrawal signed by a director or other official of the elector organization, or
(b) before 4 p.m. on the 29th day before general voting day, the candidate withdraws the request to have the elector organization endorsement appear on the ballot by delivering a signed withdrawal to the chief election officer by that time.
52 (1) At any time up until 4 p.m. on the 29th day before general voting day, a person who has been nominated may withdraw from being a candidate in the election by delivering a signed withdrawal to the chief election officer, which must be accepted if the chief election officer is satisfied as to its authenticity.
(2) After the time referred to in subsection (1), a candidate may only withdraw by delivering a signed request to withdraw to the chief election officer and receiving the approval of the Minister of Municipal Affairs.
(3) For the purposes of subsection (2), the chief election officer must notify the Minister of Municipal Affairs of a request to withdraw as soon as reasonably possible after receiving it.
(4) The chief election officer must notify the Minister of Municipal Affairs if, between the declaration of an election by voting under section 48 (2) and general voting day for the election,
(a) a candidate dies, or
(b) in the opinion of the chief election officer, a candidate is incapacitated to an extent that will prevent the candidate from holding office.
(5) On approving a withdrawal under subsection (2) or being notified under subsection (4), the Minister of Municipal Affairs may order
(a) that the election is to proceed, subject to any conditions specified by the minister, or
(b) that the original election is to be cancelled and that a new election is to be held in accordance with the directions of the minister.
53 (1) A candidate may appoint
(a) one individual to act as official agent of the candidate, to represent the candidate from the time of appointment until the final determination of the election or the validity of the election, as applicable, and
(b) scrutineers, to represent the candidate by observing the conduct of voting and counting proceedings for the election.
(2) An appointment as a candidate representative must
(a) be made in writing and signed by the person making the appointment,
(b) include the name and address of the person appointed, and
(c) be delivered to the chief election officer or a person designated by the chief election officer for this purpose as soon as reasonably possible after the appointment is made.
(3) An appointment as a candidate representative may only be rescinded in the same manner as the appointment was made.
(4) An appointment of an official agent may include a delegation of the authority to appoint scrutineers.
(5) If notice is to be served or otherwise given under this Part to a candidate, it is sufficient if the notice is given to the official agent of the candidate.
54 (1) A candidate representative present at a place where election proceedings are being conducted must
(a) carry a copy of the person's appointment under section 53,
(b) before beginning duties at the place, show the copy of the appointment to the presiding election official or an election official specified by the presiding election official, and
(c) show the copy of the appointment to an election official when requested to do so by the official.
(2) The presiding election official may designate one or more locations at a place where election proceedings are being conducted as locations from which candidate representatives may observe the proceedings and, if this is done, the candidate representatives must remain in those locations.
(3) The absence of a candidate representative from a place where election proceedings are being conducted does not invalidate anything done in relation to an election.
Division (8) -- Campaign Financing
55 In this Division "campaign contribution" means the amount of any money or the value of any property or services provided, by donation, advance, deposit, discount or otherwise, to a candidate or elector organization for use in an election campaign or towards the election expenses of an election campaign;
"candidate" means a person who
(a) is a candidate in an election,
(b) is nominated as a candidate in an election, or
(c) accepts campaign contributions or incurs election expenses with the intention of becoming a candidate in an election;
"election campaign" means an election campaign within the meaning of section 56;
"election expense" means the value of property and services used in an election campaign by or on behalf of a candidate or by or on behalf of an elector organization,
(a) in relation to an election that is part of a general local election, during the calendar year in which the election is held, and
(b) in relation to another election, after the date of the vacancy for which the election is being held;
"elector organization" means an elector organization that endorses or intends to endorse a candidate within the meaning of section 51;
"property" means property or the use of property, as applicable.
56 (1) In relation to a candidate, an election campaign is a campaign for any of the following purposes in relation to an election, including such a campaign undertaken before the person is nominated or declared a candidate:
(a) to promote the election of the candidate or to oppose the election of another candidate;
(b) to approve of a course of action advocated by the candidate or to disapprove of a course of action advocated by another candidate;
(c) to promote an elector organization or its program or to oppose an elector organization or its program;
(d) to approve of a course of action advocated by an elector organization or to disapprove of a course of action advocated by an elector organization.
(2) In relation to an elector organization, an election campaign is a campaign for any of the following purposes in relation to one or more elections that are being conducted at the same time, including such a campaign undertaken before the elector organization endorses a candidate:
(a) to promote the election of a candidate or to oppose the election of a candidate;
(b) to approve of a course of action advocated by a candidate or to disapprove of a course of action advocated by a candidate;
(c) to promote the elector organization or its program or to oppose another elector organization or its program;
(d) to approve of a course of action advocated by the elector organization or to disapprove of a course of action advocated by another elector organization.
57 (1) A candidate may appoint one individual as financial agent, who may also be the official agent of the candidate.
(2) If a financial agent is not appointed for a candidate, the candidate is deemed to be his or her own financial agent.
(3) An elector organization may appoint one individual as financial agent.
(4) An appointment of a financial agent must
(a) be made in writing and signed by the candidate or authorized official of the elector organization, as applicable,
(b) include the name and address of the person appointed, and
(c) be delivered to the chief election officer, or a person designated by the chief election officer for this purpose, as soon as reasonably possible after the appointment is made or the chief election officer is appointed, whichever occurs later.
(5) An appointment under this section may only be rescinded in the same manner as the appointment was made.
58 (1) A candidate or elector organization must not accept campaign contributions or incur election expenses except through the financial agent or a person authorized by the financial agent.
(2) A person must not accept a contribution that the person has reason to believe is made in contravention of this Division.
59 (1) A person or unincorporated organization must not do any of the following:
(a) make a campaign contribution to a candidate or elector organization except by making it to the financial agent or a person authorized by the financial agent;
(b) make an anonymous campaign contribution that has a value of more than $50;
(c) make a number of anonymous campaign contributions to the same candidate for the election campaign if, in aggregate, the campaign contributions would be equal in value to more than $50;
(d) make a number of anonymous campaign contributions to the same elector organization in relation to one or more elections that are conducted at the same time in the city and a regional district in which all or part of the city is located if, in aggregate, the campaign contributions would be equal in value to more than $50;
(e) make a campaign contribution indirectly by giving the money, property or services to a person or unincorporated organization for that person or organization to make as a campaign contribution.
(2) If a candidate or elector organization is given an anonymous campaign contribution that exceeds the limit established by subsection (1), the candidate or elector organization must give the campaign contribution to the city for the use of the city in the discretion of the Council.
60 (1) In respect of every campaign contribution other than one referred to in section 61 (2), the financial agent must record the following:
(a) unless the campaign contribution is anonymous, the name of the person or unincorporated organization making the campaign contribution;
(b) the date on which the campaign contribution was made;
(c) the value of the campaign contribution in accordance with section 61.
(2) The financial agent must maintain records of election expenses sufficient to meet the requirement of this Division.
(3) The records required by this section must be retained by the financial agent, candidate or elector organization until after the next general local election following the election to which they relate.
61 (1) Unless otherwise provided, the value of property or services used by or provided to a candidate or elector organization is
(a) the actual amount paid or to be paid, if this is equal to or greater than the fair market value of the property or use of the property or of the services, or
(b) the fair market value of the property or the use of the property or of the services, if no price is paid or to be paid or if the price is less than the fair market value.
(2) The value of the following services is deemed to be nil:
(a) services provided by a volunteer within the meaning of subsection (3);
(b) services provided by a financial agent to comply with the requirements of this Part;
(c) professional services provided to comply with the requirements of this Part;
(d) free election advertising space provided to a candidate or elector organization in a periodical publication if the advertising space is made available on an equitable basis to all other candidates.
(3) A volunteer is an individual who provides services for no remuneration or material benefit, but does not include
(a) an individual who is self-employed if the services provided are normally sold or otherwise charged for by the individual, or
(b) an individual if the employer of the individual makes the services available at the employer's expense.
(4) If a person provides property or services to a candidate or elector organization for use in an election campaign at less than the fair market value of the property or services, the person is deemed to have made a campaign contribution of the difference between the fair market value and the amount charged.
(5) If a debt owed by a candidate or elector organization for an election expense remains unpaid 6 months or more after becoming due, the amount due is deemed to be a campaign contribution unless the creditor has commenced legal proceedings to recover the debt.
62 (1) Within 120 days after general voting day for an election, the financial agent of each candidate and elector organization must file with the City Clerk a disclosure statement in accordance with this section.
(2) The candidate or elector organization must ensure that the financial agent files a disclosure statement in accordance with this section.
(3) A disclosure statement must include the following in relation to the election campaign of the candidate or elector organization:
(a) the total amount of campaign contributions;
(b) for each person or unincorporated organization who made a campaign contribution of $100 or more, the information referred to in section 60 (1) (a) to (c);
(c) for each anonymous campaign contribution that was given to the city under section 59 (2), the information referred to in section 60 (1) (b) and (c);
(d) the total amount of election expenses;
(e) if the total amount of election expenses is greater than $3 000, the information regarding election expenses required by regulation under section 128.
(4) The disclosure statement must be accompanied by solemn declarations of the financial agent and of the candidate or elector organization official identified under section 51 (3) (f) that, to the best of the knowledge, information and belief of the person making the declaration,
(a) the disclosure statement completely and accurately discloses the campaign contributions received and election expenses used in relation to the election campaign of the candidate or elector organization, as applicable, and
(b) no contravention of this Division occurred in relation to the election campaign of the candidate or elector organization, as applicable.
(5) An updated disclosure statement must be filed in accordance with this section
(a) if any of the information reported in a disclosure statement under this section changes, in which case the updated disclosure statement must be filed within 30 days after the change occurs, or
(b) if the financial agent, candidate or elector organization becomes aware that the disclosure statement did not completely and accurately disclose the information required, in which case the updated disclosure statement must be filed within 30 days after the person or elector organization becomes aware of this.
(6) For the purposes of this section, if a person makes more than one campaign contribution to a candidate or elector organization, the person shall be deemed to have made a single campaign contribution in an amount equal to the aggregate value of the actual campaign contributions.
63 (1) A candidate in an election is disqualified from being nominated for, elected to or holding office on a local government or board of school trustees, or as a local trustee of the Islands Trust, until after the next general local election if
(a) the financial agent of the candidate fails to file a disclosure statement under section 62 within 30 days after the applicable time limit established by that section, or
(b) to the knowledge of the candidate, the financial agent files a disclosure statement in which the information required to be included is incorrect.
(2) If a disclosure statement for a candidate is filed after the time limit established by section 62 but before the disqualification date established by subsection (1), the candidate must pay to the city a late filing penalty of $500.
64 (1) An elector organization is disqualified from endorsing a candidate under section 51 until after the next general local election if the financial agent of the elector organization fails to file a disclosure statement under section 62 within 30 days after the applicable time limit established by that section.
(2) If a disclosure statement for an elector organization is filed after the time limit established by section 62 but before the disqualification date established by subsection (1), the elector organization must pay to the city a late filing penalty of $500 for each candidate in the election that was endorsed by the elector organization.
65 (1) The disclosure statements and signed declarations under section 62 must be available for public inspection in the City Hall during its regular office hours from the time of filing until December 1 in the year of the next general local election.
(2) After the end of the period referred to in subsection (1), the disclosure statements and signed declarations must be returned to the candidate or elector organization for which they were filed, if this is requested by the candidate or elector organization, and otherwise they may be destroyed.
Division (9) -- Voting Opportunities
66 An elector who meets the applicable qualifications may vote in an election at one of the following voting opportunities:
(a) on general voting day at a required general voting opportunity or at an additional general voting opportunity, if any;
(b) at a required advance voting opportunity or at an additional advance voting opportunity, if any;
(c) at a special voting opportunity, if any;
(d) by mail ballot, if this is available.
67 (1) As soon as reasonably possible after the declaration of an election by voting, the chief election officer must designate voting places for general voting day.
(2) The chief election officer must specify which of the voting places under subsection (1) is to be used on general voting day for each voting division and, if applicable, for each neighbourhood constituency.
(3) The voting places under subsection (1) must be open on general voting day from 8 a.m. to 8 p.m. to all electors entitled to vote in the voting division for which they are designated, subject to the restrictions regarding where a person may vote if neighbourhood constituencies are established.
68 (1) The Council may, by by-law,
(a) establish or authorize the chief election officer to establish additional voting opportunities for general voting day, and
(b) designate the voting places and set the voting hours for these voting opportunities or authorize the chief election officer to do this.
(2) As a limit on subsection (1), the voting hours established for an additional general voting opportunity must not extend later than 8 p.m. on general voting day.
(3) The chief election officer must give notice of an additional general voting opportunity in any manner the chief election officer considers appropriate, including in the notice the date, place and voting hours for the voting opportunity.
69 (1) In order to vote at an advance voting opportunity, an elector must come within at least one of the following circumstances:
(a) the elector expects to be absent from the city on general voting day;
(b) the elector will be unable to vote on general voting day for reasons of conscience;
(c) the elector will not be able to attend at a voting place on general voting day for reasons beyond the elector's control;
(d) the elector has a physical disability or is a person whose mobility is impaired;
(e) the elector is a candidate or candidate representative;
(f) the elector is an election official.
(2) At least 2 advance voting opportunities must be held for an election by voting,
(a) one on the 10th day before general voting day, and
(b) the other on another date which the Council must establish by by-law.
(3) Voting hours for the required advance voting opportunities must be from 8 a.m. to 8 p.m.
(4) As soon as reasonably possible after the declaration of an election by voting, the chief election officer must designate voting places for the required advance voting opportunities.
(5) At least 6 but not more than 30 days before a required advance voting opportunity, the chief election officer must give notice in accordance with section 17 of the date, the location of the voting place and the voting hours for the voting opportunity.
70 (1) The Council may, by by-law,
(a) establish or authorize the chief election officer to establish dates for additional voting opportunities in advance of general voting day, and
(b) designate the voting places and set the voting hours for these voting opportunities or authorize the chief election officer to do this.
(2) In order to vote at an additional advance voting opportunity, a person must come within at least one of the circumstances referred to in section 69 (1).
(3) The chief election officer must give notice of an additional advance voting opportunity in any manner the chief election officer considers appropriate, including in the notice the date, place and voting hours for the voting opportunity.
71 (1) In order to give electors who may otherwise be unable to vote an opportunity to do so, the Council may, by by-law, establish one or more special voting opportunities under this section.
(2) A by-law under subsection (1) may do one or more of the following for each special voting opportunity:
(a) for the purpose referred to in subsection (1), establish restrictions on persons who may vote at the special voting opportunity;
(b) establish procedures for voting and for conducting the voting proceedings that differ from those established under other provisions of this Part;
(c) limit, or authorize the chief election officer to limit, the number of candidate representatives who may be present at the special voting opportunity;
(d) establish, or authorize the chief election officer to establish, the date and voting hours when and the place where the special voting opportunity is to be conducted.
(3) At least one candidate representative is entitled to be present at a special voting opportunity for the election, with that candidate representative chosen by agreement of the candidate for that election or, failing such agreement, by the chief election officer.
(4) The voting hours established under subsection (2) (d) for a special voting opportunity must not extend later than 8 p.m. on general voting day.
(5) A special voting opportunity may be conducted at a location outside the boundaries of the city.
(6) The chief election officer must give notice of a special voting opportunity in any manner the chief election officer considers will give reasonable notice to the electors who will be entitled to vote at it.
(7) The notice of a special voting opportunity must include the following:
(a) the date, the location and the voting hours for the special voting opportunity;
(b) any restrictions on who may vote at the special voting opportunity;
(c) any special procedures involved.
72 (1) Subject to this section and any regulations under section 128, the Council may, by by-law, permit voting to be done by mail ballot and, in relation to this, may permit elector registration to be done in conjunction with this voting.
(2) The only electors who may vote by mail ballot are persons who have a physical disability, illness or injury that affects their ability to vote at another voting opportunity.
(3) A by-law under subsection (1) may
(a) establish procedures for voting and registration that differ from those established under other provisions of this Part, and
(b) establish, or authorize the chief election officer to establish, time limits in relation to voting by mail ballot.
(4) The chief election officer must give notice of an opportunity to vote by mail ballot in any manner the chief election officer considers will give reasonable notice to the electors who will be entitled to vote by this means.
(5) The procedures for voting by mail ballot must require the chief election officer to keep sufficient records so that challenges of an elector's right to vote may be made in accordance with the intent of section 88.
(6) Mail ballot packages must contain the following:
(a) the ballot or ballots to which an elector is entitled;
(b) a secrecy envelope that has no identifying marks, in which the ballots are to be returned;
(c) a certification envelope on which is printed the information referred to in subsection (7) for completion by the person voting, in which the secrecy envelope is to be placed;
(d) an outer envelope on which is printed the address of the chief election officer at the City Hall and in which the envelopes under paragraphs (b) and (c) and, if applicable, the registration application under paragraph (e) are to be returned;
(e) if permitted by the by-law under subsection (1), an application for registration as an elector, to be completed if necessary and returned in the outer envelope;
(f) instructions as to how to vote by mail ballot.
(7) The certification envelope must be printed
(a) with spaces in which the person voting is to record his or her full name and residential address, and
(b) with a statement to be signed by the person voting declaring that the person
(i) is entitled to be registered as an elector for the election,
(ii) is entitled to vote by mail ballot, and
(iii) has not previously voted in the election and will not afterwards vote again in the election.
(8) In order to be counted for an election, a mail ballot must be received by the chief election officer before the close of voting on general voting day and it is the obligation of the person applying to vote by mail ballot to ensure that the mail ballot is received by the chief election officer within this time limit.
Division (10) -- Arrangements for Voting
73 (1) So far as reasonably possible, voting places must be easily accessible to persons who have a physical disability or whose mobility is impaired.
(2) A voting place for a required general voting opportunity must not be outside the boundaries of the city unless one of the following circumstances applies:
(a) at least one voting place for that voting opportunity is within the boundaries;
(b) there are no facilities as described in subsection (1) available within the boundaries or there are facilities outside the boundaries that are more accessible as described in that subsection;
(c) the chief election officer considers that the location will be more convenient for a majority of electors.
(3) A voting place for an additional general voting opportunity or for an advance voting opportunity may be outside the boundaries of the city.
74 (1) The Council may, by by-law, provide for the use of automated voting machines, voting recorders or other devices for voting in an election, subject to any requirements, limits and conditions established by regulation under section 128.
(2) A by-law under subsection (1) must include the following:
(a) procedures for how to vote, to be used in place of those established by section 91;
(b) the form of ballot, if this is to be different from the form of ballot otherwise required by this Act;
(c) procedures, rules and requirements regarding the counting of votes, if these are to be different from those established by Division (13).
(3) In order for a by-law under subsection (1) to be valid, it must be approved by the Minister of Municipal Affairs before it is adopted.
(4) To the extent that there is an inconsistency between the procedures, rules and requirements established by a by-law under subsection (1) and the procedures, rules and requirements established by or under this Part, the by-law prevails.
75 (1) The Council must, by by-law,
(a) establish voting divisions, or
(b) authorize the City Clerk or chief election officer to establish voting divisions.
(2) The authority under subsection (1) is subject to any requirements, limits and conditions established by regulation under section 128.
(3) Electors who reside in a voting division or who are property electors in relation to property within that voting division may vote on general voting day only at the voting place specified for that voting division unless they are voting at an additional general voting opportunity or a special voting opportunity.
(4) The chief election officer may provide notice to electors in a voting division of the voting place where they are entitled to vote in addition to the notice under section 49.
76 (1) The chief election officer must establish the form of ballots to be used in an election.
(2) Without limiting subsection (1), the chief election officer may do either or both of the following:
(a) determine that composite ballots are to be used, on which an elector's votes on 2 or more elections may be indicated;
(b) determine that ballots are to be in the form of a ballot set, in which ballots for more than one election are packaged together.
77 (1) A ballot for an election must include the following:
(a) instructions as to the number of candidates to be elected to the office;
(b) instructions as to the appropriate mark to make a valid vote for a candidate;
(c) the full name of each candidate or, if a candidate specified a different usual name in the nomination documents, this usual name;
(d) if applicable, the name, abbreviation or acronym of the endorsing elector organization for a candidate, as shown on the nomination documents for the candidate.
(2) As an exception to subsection (1) (d), if the name, abbreviation or acronym referred to in that paragraph is too long to be reasonably accommodated on the ballot, the chief election officer may, after consulting with a director or other official of the elector organization, use a shorter name, abbreviation or acronym that, in the opinion of the chief election officer, identifies the elector organization.
(3) A ballot for an election must not include any of the following:
(a) an indication that a candidate is holding or has held an elected office;
(b) a candidate's occupation;
(c) an indication of a title, honour, degree or decoration received or held by a candidate.
78 (1) Unless a by-law under section 79 is adopted,
(a) the names of the candidates must be arranged alphabetically by their surnames, and
(b) if 2 or more candidates have the same surname, the names of those candidates must be arranged alphabetically in order of their first given names.
(2) If 2 or more candidates
(a) have the same surnames and given names, or
(b) have names so similar that, in the opinion of the chief election officer, they are likely to cause confusion, the chief election officer, after receiving the approval of these candidates, may include on the ballot additional information to assist the electors to identify the candidates, subject to the restrictions under section 77 (3).
(3) The chief election officer's decision on the order of names on a ballot is final.
79 (1) The Council may, by by-law, permit the order of names on a ballot to be determined by lot in accordance with this section.
(2) The chief election officer must notify all candidates as to the date, time and place when the determination is to be made.
(3) The only persons who may be present at the determination are the candidates, or their official agents, and any other persons permitted to be present by the chief election officer.
(4) The procedure for the determination is to be as follows:
(a) the name of each candidate is to be written on a separate piece of paper, as similar as possible to all other pieces prepared for the determination;
(b) the pieces of paper are to be folded in a uniform manner in such a way that the names of the candidates are not visible;
(c) the pieces of paper are to be placed in a container that is sufficiently large to allow them to be shaken for the purpose of making their distribution random, and the container is to be shaken for this purpose;
(d) the chief election officer is to direct a person who is not a candidate or candidate representative to withdraw the papers one at a time;
(e) the name on the first paper drawn is to be the first name on the ballot, the name on the second paper is to be the second, and so on until the placing of all candidates' names on the ballot has been determined.
80 (1) Ballot boxes for an election may be any box or other appropriate receptacle that is constructed so that ballots can be inserted but not withdrawn unless the ballot box is opened.
(2) Separate ballot boxes must be used for each of the following:
(a) ballots used to vote at required general voting opportunities;
(b) ballots used to vote at additional general voting opportunities;
(c) ballots used to vote at advance voting opportunities;
(d) ballots used to vote at special voting opportunities;
(e) mail ballots used to vote.
(3) A ballot box used at one type of voting opportunity referred to in subsection (2) (a) to (e) may be used again at another voting opportunity of the same type.
Division (11) -- Conduct of Voting Proceedings
81 (1) A presiding election official and at least one other election official must be present at all times at each voting place during voting hours except during a suspension of voting under section 94.
(2) If an election official does not attend at a voting place as expected, the presiding election official may appoint a person as an election official in the missing person's place, whether or not this authority has already been given by or under this Part.
82 (1) Except as provided in this section, a person must not be present at a voting place while voting proceedings are being conducted.
(2) The following persons may be present at a voting place while voting proceedings are being conducted:
(a) persons who are present for the purpose of voting and persons in the care of such a person;
(b) persons assisting under section 21 or 93;
(c) election officials;
(d) the official agent of a candidate in the election and, for each ballot box in use at that time for receiving ballots for that election, one scrutineer for each candidate, unless a by-law under subsection (3) permits more to be present;
(e) other persons permitted to be present by the presiding election official.
(3) The Council may, by by-law, permit more than one scrutineer for each candidate to be present for each ballot box in use at a voting place while voting proceedings are being conducted, subject to any restrictions and conditions specified in the by-law.
(4) Other than for the purpose of voting, a candidate must not be present at a voting place or special voting opportunity while voting proceedings are being conducted.
(5) Other than a person attending to vote, a person in the care of a person attending to vote or a peace officer assisting the presiding election official under section 19, each person present at a voting place while voting proceedings are being conducted and each candidate representative present at a special voting opportunity must make a solemn declaration to preserve the secrecy of the ballot in accordance with section 85.
83 (1) Before a ballot box is used for ballots, the presiding election official, in the presence of at least one witness, must inspect the ballot box to ensure that it is empty and seal it in such a manner that it cannot be opened without breaking the seal.
(2) After a ballot box is used for ballots, the presiding election official must seal it at the following times in a manner to prevent the addition or withdrawal of ballots:
(a) at the close of voting at a voting opportunity;
(b) between each addition of mail ballots;
(c) if the ballot box becomes full while voting proceedings are being conducted;
(d) if voting proceedings are suspended under section 94 or adjourned under section 20.
(3) In addition to sealing by the presiding election official, candidate representatives are entitled to add their seals for the purposes of this section.
(4) Unless it is to be used again in accordance with section 80 (3), a ballot box that has been sealed under this section must remain sealed and unopened until the ballots are to be counted under Division (13).
(5) Before a ballot box sealed under subsection (2) is to be used again in the election, the presiding election official must remove the seal in the presence of at least one witness.
84 (1) If the start of voting at a place, as set by or under this Part, is delayed and the presiding election official considers that a significant number of electors would not be able to vote without an extension under this section, that election official may extend the time for the close of the voting but the extension must not permit voting for a longer length of time than would have been permitted had voting not been delayed.
(2) If, at the time set by or under this Part for the close of voting at a place, there are electors waiting in or in line outside the place in order to vote, those electors are entitled to vote and the ballot box must remain unsealed until their ballots are deposited.
(3) No electors other than those referred to in subsection (2) are entitled to vote after the end of the set closing time.
(4) The decision of the presiding election official as to who is or who is not entitled to vote under subsection (2) is final and may not be the basis of an application under section 115.
(5) The presiding election official must notify the chief election officer as soon as possible of any extension of voting under this section.
Division (12) -- Voting
85 (1) Voting at an election must be by secret ballot.
(2) Each person present at a place at which an elector exercises the right to vote, including persons present to vote, and each person present at the counting of the vote must preserve the secrecy of the ballot and, in particular, must not do any of the following:
(a) interfere with a person who is marking a ballot;
(b) attempt to discover how another person voted;
(c) communicate information regarding how another person voted or marked a ballot;
(d) induce a person, directly or indirectly, to show a ballot in a way that reveals how the person voted.
(3) The chief election officer must ensure that each voting place has at least one area that is arranged in such a manner that electors may mark their ballots screened from observation by others and without interference.
(4) An elector may not be required in any legal proceedings to reveal how he or she voted in an election.
86 (1) A person must not vote more than once in the same election.
(2) For the purpose of ensuring compliance with subsection (1), the presiding election official must ensure that a record is maintained of all persons who receive ballots at the voting proceedings for which the presiding election official is responsible.
87 (1) A person must meet the following basic requirements in order to obtain a ballot:
(a) if the person is not shown on the list of registered electors as having registered in advance, the person must register in accordance with section 30;
(b) if the person is shown on the list of registered electors as having registered in advance, the person must sign a written declaration that he or she
(i) is entitled to vote in the election, and
(ii) has not voted before in the same election;
(c) the person must sign the list of registered electors or the voting book, as directed by the presiding election official, giving
(i) the person's name,
(ii) the person's present residential address, and
(iii) if the person is a property elector, the address of the real property in relation to which the person is voting.
(2) As applicable, the following additional requirements must be met in order to obtain a ballot:
(a) at an advance voting opportunity, the person must also sign a written declaration that he or she is entitled to vote at that time and stating the circumstances that entitle the person to vote;
(b) at a special voting opportunity, the person must also sign a written declaration that he or she is entitled to vote at that time and stating the circumstances that entitle the person to vote;
(c) if the person is challenged under section 88, the person must also meet the requirements of subsection (3) of that section;
(d) if it appears that another person has already voted in that person's name, the person must also meet the requirements of section 89 (2);
(e) if the person requires assistance to mark the ballot, the requirements of section 93 (3) must also be met.
(3) Once the requirements of subsections (1) and (2) have been met, the election official must give the elector the ballot or ballots to which that elector is entitled.
(4) A person who does not meet the requirements of subsections (1) and (2) is not entitled to vote and must not be given a ballot.
(5) A voting book or list of registered electors may be prepared in such a manner that all the applicable requirements of subsection (1) or (2), or both, may be met by entries on the voting book or list of registered electors.
88 (1) A person's right to vote may be challenged in accordance with this section at any time during the procedures under section 87 (1) and (2) to obtain a ballot up until the time the person receives the ballot.
(2) A challenge may be made
(a) only in person by an election official, a candidate representative or an elector, and
(b) only on the basis that the person proposing to vote
(i) is not entitled to vote, or
(ii) has contravened section 123 (3).
(3) In order to receive a ballot, a person whose right to vote has been challenged must either
(a) provide evidence satisfactory to the presiding election official that the person is entitled to vote, or
(b) make a solemn declaration before the presiding election official as to the person's entitlement to vote.
(4) The solemn declaration required by subsection (3) (b) must state that the person
(a) meets all the qualifications to be registered as an elector,
(b) is either registered as an elector or is applying at this time to be registered,
(c) is in fact the person under whose name the person is registered or registering as an elector,
(d) has not contravened section 123, and
(e) has not voted before in the same election and will not vote again in the same election.
(5) The presiding election official must keep a record indicating
(a) that the person was challenged,
(b) the name of the person who made the challenge, and
(c) how the person challenged satisfied the requirement of subsection (3).
89 (1) This section applies if an elector meets the requirements of section 87 but the voting book or list of registered electors indicates that another person has already voted using the name of the elector.
(2) In order to obtain a ballot, the person asserting the right to vote as the named elector must either
(a) provide evidence satisfactory to the presiding election official that the person is the named elector, or
(b) make a solemn declaration described in section 88 (4) as to the person's entitlement to vote as the named elector.
(3) The presiding election official must keep a record indicating
(a) that a second ballot was issued in the name of the elector, and
(b) any challenge under section 88 of the person who obtained the second ballot.
90 (1) If an elector unintentionally spoils a ballot before it is deposited in a ballot box, the elector may obtain a replacement ballot by giving the spoiled ballot to the presiding election official.
(2) The presiding election official must immediately mark as spoiled a ballot replaced under subsection (1) and retain the spoiled ballot for return to the chief election officer.
91 (1) After receiving a ballot, an elector must
(a) proceed without delay to the voting compartment provided,
(b) while the ballot is screened from observation, mark it by making a cross in the blank space opposite the name of the candidate or candidates for whom the elector wishes to vote,
(c) fold the ballot to conceal all marks made on it by the elector,
(d) leave the voting compartment without delay,
(e) deposit the ballot in the appropriate sealed ballot box, and
(f) leave the voting place without delay.
(2) An election official may and, if requested by the elector, must explain to an elector the proper method for voting by ballot.
92 (1) While an elector is in a voting compartment to mark a ballot, no other person may observe or be in a position to observe the ballot being marked.
(2) As exceptions to subsection (1),
(a) a person assisting an elector under section 93 may be present with the elector, and
(b) if the presiding election official permits, a person who is in the care of an elector may be present with the elector.
93 (1) This section applies to electors who are unable to mark a ballot because of physical disability or difficulties with reading or writing.
(2) An elector referred to in subsection (1) may be assisted in voting by an election official or by a person accompanying the elector.
(3) In order to receive a ballot to be marked under this section, the following requirements must be met:
(a) the person assisting must sign a written statement giving
(i) the assisting person's name and residential address,
(ii) the name and residential address of the elector being assisted, and
(iii) if the elector being assisted is a property elector, the address of the real property in relation to which the elector is voting;
(b) a person who is not an election official must make a solemn declaration before the presiding election official that the person will
(i) preserve the secrecy of the ballot of the elector being assisted,
(ii) mark the ballot in accordance with the wishes of the elector, and
(iii) refrain from attempting in any manner to influence the elector as to how the elector should vote;
(c) if assistance is needed because the elector needs a translator to be able to read the ballot and the instructions for voting, the person assisting must make a solemn declaration in accordance with section 21 (3).
(4) The person assisting must accompany the elector to the voting compartment or other place to be used for voting, must mark the ballot in accordance with the directions of the elector and may, in the presence of the elector, fold the ballot and deposit it in the ballot box.
(5) Candidates, candidate representatives and financial agents must not assist in marking a ballot.
(6) A person does not vote by assisting under this section.
94 (1) This section applies to electors who come to a voting place to vote but who are unable to enter the voting place because of physical disability or impaired mobility.
(2) An elector referred to in subsection (1) may request to vote at the nearest location to the voting place to which the elector has access.
(3) If a request is made, the presiding election official or another election official designated by the presiding election official must attend the elector at the nearest location to the voting place for the purpose of allowing the elector to meet the requirements under section 87 to obtain a ballot.
(4) The election official must ensure that the elector's marked ballot is placed in the appropriate ballot box, taking whatever steps the official considers necessary to maintain the secrecy of the ballot.
(5) The presiding election official may temporarily suspend voting proceedings in order to allow an elector to vote under this section.
(6) The presiding election official may have separate ballot boxes available for the purposes of this section, and these ballot boxes are not to be considered to be ballot boxes in use for the purposes of determining the number of candidate representatives who may be present at a voting place under section 82.
Division (13) -- Counting of the Vote
95 (1) The counting of the votes on ballots for an election must not take place until the close of general voting for the election, but must take place as soon as possible after this time.
(2) The counting of the votes on ballots used for general voting is to be conducted at the voting place where the ballot boxes containing them are located unless the chief election officer directs that the counting is to take place at another location.
(3) The counting of the votes on ballots other than those referred to in subsection (2) is to be conducted at a place specified by the chief election officer.
(4) The chief election officer must notify the candidates in an election of any place other than a voting place referred to in subsection (2) at which the counting of the votes for the election is to be conducted.
96 (1) A presiding election official and at least one other election official must be present while counting proceedings are being conducted.
(2) Candidates in an election are entitled to be present when counting proceedings for the election are being conducted.
(3) For each place where the votes on ballots for an election are being counted, at each location within that place where ballots are being considered, one candidate representative for each candidate in the election is entitled to be present.
(4) No persons other than those referred to in subsections (2) and (3) and election officials taking part in the counting may be present when counting proceedings are being conducted, unless permitted by the presiding election official.
97 (1) The counting of the votes on ballots for an election must be conducted by the presiding election official or, except as limited by subsection (2), by other election officials under the supervision of the presiding election official.
(2) The presiding election official must personally deal with all ballots rejected under section 101 or objected to under section 102.
98 (1) As the first step in the counting of the votes on ballots in a ballot box, the ballot box is to be opened by an election official in the presence of at least one witness.
(2) If the seals on a ballot box are not intact when it is opened under subsection (1),
(a) the ballots in the ballot box must not be combined under section 99, and
(b) the ballots in the ballot box must be counted separately and a separate ballot account and separate ballot packages for the ballots must be prepared.
99 (1) After ballot boxes are opened under section 98, the ballots in them may be combined in accordance with this section.
(2) The election official responsible for the counting may combine ballots in different ballot boxes together in a single ballot box as follows:
(a) ballots in a ballot box used at a required general voting opportunity may be combined with ballots in other ballot boxes used at the same required general voting opportunity;
(b) ballots in a ballot box used at an additional general voting opportunity may be combined with ballots in other ballot boxes used at the same or another additional general voting opportunity;
(c) ballots in a ballot box used at an advance voting opportunity may be combined with ballots in other ballot boxes used at the same or another advance voting opportunity;
(d) ballots in a ballot box used for a special voting opportunity may be combined with ballots in other ballot boxes used at the same or another special voting opportunity;
(e) ballots in a ballot box used for mail ballots may be combined with ballots in other ballot boxes used for mail ballots;
(f) if some of the ballots in a ballot box are for a different election than the one for which the ballot box was intended, the election official may combine the ballots that do not belong in the ballot box with ballots in the appropriate ballot box.
(3) For the purpose of preserving the secrecy of the ballot, if there would be fewer than 25 ballots in a ballot box after combination under subsection (2), the presiding election official may combine those ballots with ballots in any other ballot box.
(4) Except for combination under this section,
(a) the votes on each class of ballots referred to in subsection (2) must be counted separately from the votes on ballots in any other class, and
(b) a separate ballot account under section 103 and separate ballot packages under section 104 must be prepared for each class of ballots referred to in subsection (2).
100 (1) All ballots in each ballot box must be considered in accordance with this section.
(2) As each ballot for an election is considered, it must be placed in such a manner that the persons present at the counting are able to see how the ballot is marked.
(3) Unless rejected under section 101 (4), a mark referred to in section 101 (1) on a ballot for an election must be accepted and counted as a valid vote.
(4) Counting must proceed as continuously as is practical and the votes must be recorded.
(5) The presiding election official must endorse ballots to indicate the following as applicable:
(a) that the ballot was rejected under section 101 in relation to an election;
(b) that the rejection of the ballot was objected to under section 102;
(c) that a mark on the ballot was accepted as a valid vote but the acceptance was objected to under section 102.
(6) An endorsement under subsection (5) must be made at the time the presiding election official considers the ballot and in such a manner that it does not alter or obscure the elector's marking on the ballot.
101 (1) The following are marks that are to be accepted and counted as valid votes for an election unless the ballot is rejected under subsection (4):
(a) a mark of the type required by section 91 (1) (b);
(b) a tick mark that is placed in the location required by section 91 (1) (b);
(c) a mark of the type required by section 91 (1) (b) that is out of or partly out of the location on the ballot in which it is required to be put by that provision, as long as the mark is placed in such a manner as to indicate clearly the intent of the elector to vote for a particular candidate;
(d) a tick mark that is placed as described in paragraph (c).
(2) A mark on a ballot other than a mark referred to in subsection (1) must not be accepted and counted as a valid vote.
(3) If a ballot is in the form of a composite ballot under section 76 (2) (a), for the purposes of subsections (1) and
(2) of this section each portion of the ballot that deals with a single election is to be considered a separate ballot.
(4) Ballots must be rejected as invalid in accordance with the following:
(a) a ballot must be rejected in total if it appears that the ballot physically differs from the ballots provided by the chief election officer for the election;
(b) a ballot must be rejected in total if there are no marks referred to in subsection (1) on it;
(c) a ballot must be rejected in total if the ballot is uniquely marked, or otherwise uniquely dealt with, in such a manner that the elector could reasonably be identified;
(d) a ballot must be rejected in total if more than one form of mark referred to in subsection (1) is on the ballot;
(e) a ballot is to be rejected in relation to an election if there are more marks referred to in subsection (1) for the election on the ballot than there are candidates to be elected.
(5) In the case of a ballot that is part of a ballot set under section 76 (2) (b), the ballot is not to be rejected under subsection (4) (a) solely on the basis that the ballot is part of an incomplete ballot set or that the ballot has become separated from its ballot set.
102 (1) A candidate or candidate representative may object to a decision to accept a vote or reject a ballot, with the objection recorded in accordance with section 100 (5) and (6).
(2) An objection must be made at the time the ballot is considered.
(3) The decision of the presiding election official regarding the acceptance of a vote or the rejection of a ballot may not be challenged except as provided in this section and the decision may only be changed by the chief election officer under section 107 or on a judicial recount.
103 (1) Once all counting at a place is completed, ballot accounts for each election must be prepared in accordance with this section and signed by the presiding election official.
(2) A ballot account must include the following:
(a) the office to be filled by the election;
(b) the number of valid votes for each candidate in the election;
(c) the number of ballots received by the presiding election official from the chief election officer for use at the voting opportunity;
(d) the number of ballots given to electors at the voting opportunity;
(e) the number of ballots for which marks were accepted as valid votes for the election without objection;
(f) the number of ballots for which marks were accepted as valid votes, subject to an objection under section 102;
(g) the number of ballots rejected as invalid without objection;
(h) the number of ballots rejected as invalid, subject to an objection under section 102;
(i) the number of spoiled ballots that were cancelled and replaced under section 90;
(j) the number of unused ballots;
(k) the number of ballots added under section 99 (3) to the ballots for which the ballot account is prepared;
(l) the number of ballots not accounted for.
(3) A copy of the ballot account must be prepared and signed by the presiding election official and included with the election materials under section 105.
104 (1) The presiding election official, or an election official under the supervision of the presiding election official, must separately package each of the following classes of ballots for delivery to the chief election officer:
(a) ballots that were rejected in total, subject to an objection regarding the rejection;
(b) ballots that were rejected in part, subject to an objection regarding the rejection or regarding the acceptance of a vote;
(c) ballots that were subject to an objection regarding the acceptance of a vote, unless included in a package under paragraph (b);
(d) ballots that were rejected in total without objection;
(e) ballots that were rejected in part without objection to the rejection or the acceptance of a vote;
(f) ballots for which all votes were accepted without objection;
(g) spoiled ballots that were cancelled and replaced under section 90;
(h) unused ballots.
(2) Each ballot package must be clearly marked as to its contents and sealed by the presiding election official.
(3) Candidates and candidate representatives present at the proceedings are entitled to add their seals to a ballot package.
(4) If ballot boxes are used as ballot packages, they must be sealed in accordance with section 83.
105 (1) After the ballot accounts are completed and the sealed ballot packages prepared, the following must be placed in ballot boxes from which the counted ballots were taken:
(a) the sealed ballot packages, if these are not ballot boxes themselves;
(b) the copy of the ballot account prepared under section 103 (3);
(c) the voting books;
(d) any copies of the list of registered electors used for the purposes of voting proceedings;
(e) any records required by or under this Part to be made during voting proceedings;
(f) any stubs for ballots given to electors;
(g) any solemn declarations taken and any signed written statements required by or under this Part in relation to voting proceedings.
(2) The ballot boxes in which the election materials are placed must be sealed in accordance with section 83 and must not be opened until after the declaration of the results of the election under section 108 except by the chief election officer for the purposes of section 107 (4).
(3) If votes for an election are counted at more than one place, the presiding election official must deliver to the chief election officer, in the manner instructed by the chief election officer, the original of the ballot account, the sealed ballot boxes and all other ballot boxes in the custody of the presiding election official.
106 (1) The chief election officer may announce preliminary results of an election before the determination under section 107 is completed.
(2) Preliminary results must be based on the ballot accounts prepared under section 103, determined by calculating the total number of valid votes for each candidate in the election as reported on the ballot accounts.
107 (1) As the final counting proceeding subject to a judicial recount, the chief election officer must determine the results of an election in accordance with this section.
(2) The chief election officer must notify the candidates in an election of the date, time and place when the determination is to be made and the candidates are entitled to be present when those proceedings take place.
(3) The chief election officer must begin the determination by reviewing the ballot accounts or by having them reviewed by election officials authorized by the chief election officer.
(4) The chief election officer may verify the results indicated by a ballot account by counting the votes on all or some of the ballots for the election, including reviewing the decision of a presiding election official regarding the acceptance of some or all of the votes or the rejection of some or all of the ballots.
(5) The chief election officer may be assisted in counting under subsection (4) by other election officials, but must personally make all decisions regarding the acceptance of votes or the rejection of ballots that were subject to an objection under section 102.
(6) The chief election officer may reverse the decision of another election official regarding the acceptance of a vote or the rejection of a ballot made at the original consideration of the ballot and, if this is done, the chief election officer must endorse the ballot with a note of this.
(7) The chief election officer or an election official authorized by the chief election officer must either mark on the original ballot accounts any changes made under this section or prepare a new ballot account of the results of the counting under subsection (4).
(8) On the basis of the ballot accounts, as amended or prepared under subsection (7) if applicable, the chief election officer must prepare a statement of the total number of votes for each candidate in the election.
(9) A decision of the chief election officer under this section may only be changed on a judicial recount.
(10) If a ballot box or ballot package is opened for the purposes of subsection (4), the contents must be replaced and it must be resealed during any adjournment and at the end of the review of the contents.
108 (1) Before 4 p.m. on the 4th day following the close of general voting, the chief election officer must declare the results of the election as determined under section 107.
(2) The results must be declared as follows:
(a) in the case of an election for an office to which one person is to be elected, the chief election officer must declare elected the candidate who received the highest number of valid votes for the office;
(b) in the case of an election for an office to which more than one person is to be elected, the chief election officer must declare elected the candidates who received the highest number of valid votes for the office, up to the number of candidates to be elected.
(3) As an exception, if a candidate cannot be declared elected because there is an equality of valid votes for 2 or more candidates, the chief election officer must declare that the election is to be referred to a judicial recount.
109 (1) No candidate declared elected under section 108 is entitled to make the oath of office under section 140 until the time period for making an application for a judicial recount has ended.
(2) If an application for a judicial recount of an election is made, a candidate declared elected in the election is not entitled to make the oath of office until the recount has been completed and the candidate's election has been confirmed unless permitted by the Provincial Court under subsection (3).
(3) The Provincial Court may, on application, authorize a candidate who has been declared elected to make the oath of office if the Provincial Court is satisfied that the candidate's election will not be affected by the results of the judicial recount.
Division (14) -- Judicial Recount
110 (1) An application may be made in accordance with this section for a judicial recount to be undertaken by the Provincial Court of some or all of the votes in an election.
(2) Except as provided in subsection (5), an application may only be made on one or more of the following bases:
(a) that votes were not correctly accepted or ballots were not correctly rejected as required by the rules of section 101;
(b) that a ballot account does not accurately record the number of valid votes for a candidate;
(c) that the final determination under section 107 did not correctly calculate the total number of valid votes for a candidate.
(3) The time period during which an application may be made is limited to the time between the declaration of official election results under section 108 and 9 days after the close of general voting.
(4) The application may only be made by
(a) an elector,
(b) a candidate in the election or a candidate representative of a candidate in the election, or
(c) the chief election officer.
(5) An application must be made by the chief election officer if, at the end of the determination of official election results under section 107, a candidate cannot be declared elected because there is an equality of valid votes for 2 or more candidates.
(6) The document commencing an application must set out briefly the facts on which the application is based and must be supported by affidavit as to those facts.
(7) At the time an application is commenced, a time must be set for the recount that is adequate to allow the Provincial Court to complete the recount within the time limit set by section 111.
(8) The person making the application must notify affected persons
(a) by immediately notifying the chief election officer and the affected candidates in the election, if any, that a judicial recount will be conducted at the time set under subsection (7), and
(b) within 24 hours of filing the document commencing the application, by delivering to these persons copies of that document, the accompanying affidavit and a notice of the time for the recount.
111 (1) A judicial recount must be conducted in accordance with this section and completed by the end of 13 days after the close of general voting.
(2) The person who made the application for the recount, the chief election officer, the candidates in the election and the official agents and counsel of the candidates are entitled to be present at a judicial recount and other persons may be present only if permitted by the Provincial Court.
(3) The chief election officer must bring to the recount all ballot accounts used for the determination of official election results under section 107 and the ballot boxes containing the ballots for which the recount is requested.
(4) In conducting a recount, the Provincial Court must open the ballot boxes containing the ballots for which the recount is requested, count those ballots in accordance with sections 100 and 101 and confirm or change the ballot accounts in accordance with the counting.
(5) In its discretion, the Provincial Court may count other ballots in addition to those for which the recount was requested and, for this purpose, may require the chief election officer to bring other ballot boxes.
(6) The Provincial Court may appoint persons to assist in the recount.
(7) As exceptions to the obligation to conduct a recount in accordance with the other provisions of this section,
(a) if the person who made the application for the recount, the chief election officer and the candidates present at the recount agree, the Provincial Court may restrict the ballots to be recounted as agreed by these persons at that time, or
(b) if the Provincial Court determines on the basis of the ballot accounts that the results of a recount of the ballots, if it were conducted, would not materially affect the results of the election, the Provincial Court may confirm the results of the election and take no further action under this section.
(8) Unless otherwise directed by the Provincial Court, the ballot boxes at a judicial recount must remain in the custody of the chief election officer.
(9) During a recess or adjournment of a judicial recount and after the completion of the judicial recount, the ballot boxes must be resealed in accordance with section 83 by the person having custody of them and may be additionally sealed by other persons present.
112 (1) At the completion of a judicial recount, the Provincial Court must declare the results of the election.
(2) The results declared under subsection (1) or following a determination by lot under section 113 are final, subject only to a declaration under section 117 that the election was invalid, and may not be appealed.
(3) All costs, charges and expenses of and incidental to an application for judicial recount, including the recount and any other proceedings following from the application, must be paid by the city, the applicant and the persons notified of the application under section 110 (8), or any of them, in the proportion the Provincial Court determines.
(4) At the conclusion of a judicial recount, the Provincial Court must make an order for the purposes of subsection (3) having regard to any costs, charges or expenses that, in the opinion of the Provincial Court, were caused by vexatious conduct, unfounded allegations or unfounded objections on the part of the applicant or the persons who were given notice.
(5) In relation to subsection (3), the Provincial Court may order that the costs be determined in the same manner as costs within the meaning of the Rules of Court for the Supreme Court.
113 (1) The Council may, by by-law, provide that, if at the completion of a judicial recount the results of the election cannot be declared because there is an equality of valid votes for 2 or more candidates, the results will be determined by lot in accordance with this section rather than by election under section 114.
(2) If a by-law under subsection (1) applies and there is an equality of votes as described in that subsection, the results of the election are to be determined, as the conclusion of the judicial recount, by lot between those candidates in accordance with the following:
(a) the name of each candidate is to be written on a separate piece of paper, as similar as possible to all other pieces prepared for the determination;
(b) the pieces of paper are to be folded in a uniform manner in such a way that the names of the candidates are not visible;
(c) the pieces of paper are to be placed in a container that is sufficiently large to allow them to be shaken for the purpose of making their distribution random, and the container is to be shaken for this purpose;
(d) the Provincial Court is to direct a person who is not a candidate or candidate representative to withdraw one paper;
(e) the Provincial Court is to declare elected the candidate whose name is on the paper that was drawn.
114 (1) If at the completion of a judicial recount the results of the election cannot be declared because there is an equality of valid votes for 2 or more candidates, a runoff election must be held in accordance with this section unless a by-law under section 113 applies.
(2) Except as provided in this section, this Part applies to a runoff election under subsection (1).
(3) The candidates in the runoff election are to be the unsuccessful candidates in the original election who do not withdraw, and no new nominations are required or permitted.
(4) As soon as possible after the judicial recount, the chief election officer must notify the candidates referred to in subsection (3) that an election is to be held and that they are candidates in the election unless they deliver a written withdrawal to the chief election officer within 3 days after being notified.
(5) The chief election officer must set a general voting day for the runoff election, which must be on a Saturday no later than 50 days after the completion of the judicial recount.
(6) If advance registration would otherwise be permitted, the closed period under section 29 (4) extends until the day after the close of general voting for the election under this section.
(7) No new list of registered electors is required and sections 35 to 37 do not apply.
(8) So far as reasonably possible, election proceedings must be conducted as they were for the original election except that, if voting under section 74 was used for the original election, it is not necessary to use this for the election under this section.
(9) Without limiting subsection (8), so far as reasonably possible, voting opportunities equivalent to those provided for the original election must be held and, for these, no new by-laws under this Part are required.
Division (15) -- Declaration of Invalid Election
115 (1) The right of an elected candidate to take office or the validity of an election may not be challenged except by an application under this section.
(2) An application may be made in accordance with this section to the Supreme Court for a declaration regarding the right of a person to take office or the validity of an election.
(3) The time limit for making an application is 30 days after the declaration of official election results under section 108.
(4) An application may be made only by a candidate in the election, the chief election officer or at least 4 electors.
(5) An application may be made only on one or more of the following bases:
(a) that a candidate declared elected was not qualified to hold office at the time he or she was elected or, between the time of the election and the time for taking office, the candidate has ceased to be qualified to hold office;
(b) that an election should be declared invalid because it was not conducted in accordance with this Act or a regulation or by-law under this Act;
(c) that an election or the election of a candidate should be declared invalid because section 123 or 124 was contravened.
(6) As a restriction on subsection (5) (b), an application may not be made on any basis for which an application for judicial recount may be or may have been made.
(7) At the time the petition commencing an application is filed, the court registry must set a date for the court to hear the application, which must be at least 10 days but no later than 21 days after the date the petition is filed.
(8) As soon as possible but no later than 2 days after a petition is filed, the person making application must serve the petition and the notice of hearing on the City Clerk.
(9) If a candidate affected by an application files a written statement renouncing all claim to the office to which the candidate was elected, the court may permit the petition for the application to be withdrawn unless it is based on an allegation that the candidate who has renounced the office contravened section 123 or 124.
116 (1) The Supreme Court must hear and determine an application under section 115 as soon as possible and, for these purposes, must ensure that the proceedings are conducted as expeditiously as possible.
(2) If the application is based on a claim that section 123 or 124 was contravened, the evidence regarding that claim must be given orally by witnesses rather than by affidavit.
117 (1) On the hearing of an application under section 115 regarding the qualification of an elected candidate to take office, the court may
(a) declare that the candidate is confirmed as qualified to take and hold office,
(b) declare that the candidate is not qualified to hold office and that the office is vacant, or
(c) declare that the candidate is not qualified to hold office and that the candidate who received the next highest number of valid votes is elected in place of the disqualified candidate.
(2) On the hearing of an application under section 115 regarding the validity of an election, the court may
(a) declare that the election is confirmed as valid,
(b) declare that the election is invalid and that another election must be held to fill all positions for that office that were to be filled in the election that was declared invalid,
(c) declare that the election of a candidate is invalid and that the office is vacant, or
(d) declare that the election of a candidate is invalid and that another candidate is duly elected.
(3) The court must not declare an election invalid by reason only of an irregularity or failure to comply with this Act or a regulation or by-law under this Act if the court is satisfied that
(a) the election was conducted in good faith and in accordance with the principles of this Act, and
(b) the irregularity or failure did not materially affect the result of the election.
(4) The court may confirm the election of a candidate in relation to which the court finds there was a contravention of section 123 or 124 if the court is satisfied that
(a) the candidate did not contravene the applicable section, and
(b) the contravention did not materially affect the result of the election.
(5) If the court declares that a candidate is not qualified to hold office or that the election of a candidate is invalid, the court may order the candidate to pay the city a sum of money not greater than $20 000 towards the expenses for the election required to fill the vacancy.
(6) If the court makes a declaration under subsection (1) (c) or (2) (d) that another candidate is elected, the candidate who is replaced ceases to be entitled to take or hold the office and the other candidate declared elected is entitled to take the office.
118 (1) If the court declares that a candidate is not qualified to hold office or that an election is invalid, the costs, within the meaning of the Rules of Court, of the persons who made the application under section 115 must be paid promptly by the city.
(2) The court may order that costs to be paid under subsection (1) may be recovered by the city from any other person as directed by the court in the same manner as a judgment of the Supreme Court.
(3) Except as provided in subsection (1), the costs of an application are in the discretion of the court.
119 (1) A person affected by an application under section 115 who has been declared elected is entitled to take office and to vote and otherwise act in the office unless the court declares the candidate disqualified and the office vacant.
(2) A person who is declared disqualified to hold office by the Supreme Court and who appeals the decision remains disqualified until the final determination of the appeal.
(3) If the person is declared qualified to hold office on the final determination of the appeal, the court may order that any money paid under section 117 (5) be repaid with interest as directed by the court.
(4) A person who is declared qualified to hold office on the final determination of an appeal is entitled,
(a) if the term of office for which the person was elected has not ended, to take office for any unexpired part of the term and, for this purpose, any person elected or appointed to the office since the declaration of disqualification ceases to hold office at the time the person declared qualified takes office, and
(b) if the term of office for which the person was elected is expired, to be elected at any following election if otherwise qualified.
Division (16) -- Final Proceedings
120 (1) Within 30 days after the declaration of official election results under section 48 for an election by acclamation or under section 108 for an election by voting, the chief election officer must submit a report of the election results to the Council.
(2) In the case of an election by voting, the report under subsection (1) must include a compilation of the information on the ballot accounts for the election.
(3) If the results of the election are changed by a judicial recount or on an application under section 115 after the report under subsection (1) is submitted, the City Clerk must submit to the Council a supplementary report reflecting the changed results.
121 (1) Within 30 days after elected candidates have taken office, the City Clerk must submit the names of the elected officials to the Gazette for publication.
(2) Within 30 days after persons appointed to Council have taken office, the City Clerk must submit the names of the appointed officials to the Gazette for publication.
122 (1) Until the end of the period for conducting a judicial recount, the chief election officer
(a) must keep the sealed ballot packages delivered under section 105 in the officer's custody,
(b) is responsible for retaining the nomination documents under section 44, other than the written disclosure under the Financial Disclosure Act, and
(c) is responsible for retaining the remainder of the election materials delivered under section 105.
(2) After the end of the period for conducting a judicial recount, the City Clerk is responsible for retaining the materials referred to in subsection (1).
(3) From the time of the declaration of the official election results under section 108 until 30 days after that date the following election materials must be available for public inspection at the City Hall during its regular office hours:
(a) the nomination documents for candidates in the election;
(b) the voting books used for the election;
(c) any copies of the list of registered electors used for the purposes of voting proceedings;
(d) any records required by or under this Part to be made during voting proceedings;
(e) any solemn declarations taken and any signed written statements or declarations required by or under this Part in relation to voting proceedings.
(4) Before inspecting materials referred to in subsection (3), a person other than a city officer or employee acting in the course of duties must sign a statement that the person will not inspect the materials except for the purposes of this Act.
(5) The City Clerk must ensure that the statements referred to in subsection (4) are kept until after general voting day for the next general local election.
(6) The following materials must be destroyed as soon as possible following 8 weeks after the declaration of the official election results under section 108:
(a) the nomination documents under section 44 for the unsuccessful candidates in the election;
(b) the ballots used in the election;
(c) any stubs for ballots used in the election;
(d) any copies of the list of registered electors used for the purposes of voting proceedings;
(e) the voting books used in the election;
(f) any solemn declarations and any written statements or declarations in relation to voting proceedings.
(7) As exceptions, subsection (6) does not apply
(a) if otherwise ordered by a court, or
(b) if the materials relate to an election that is the subject of an application under section 115, until the final determination of that application or the court authorizes their destruction.
Division (17) -- Election Offences
123 (1) In this section "inducement" includes money, gift, valuable consideration, refreshment, entertainment, office, placement, employment and any other benefit of any kind.
(2) A person must not pay, give, lend or procure inducement for any of the following purposes:
(a) to induce a person to vote or refrain from voting;
(b) to induce a person to vote or refrain from voting for or against a particular candidate;
(c) to reward a person for having voted or refrained from voting as described in paragraph (a) or (b);
(d) to procure or induce a person to attempt to procure the election of a particular candidate, the defeat of a particular candidate or a particular result in an election;
(e) to procure or induce a person to attempt to procure the vote of an elector or the failure of an elector to vote.
(3) A person must not accept inducement
(a) to vote or refrain from voting,
(b) to vote or refrain from voting for or against a particular candidate, or
(c) as a reward for having voted or refrained from voting as described in paragraph (a) or (b).
(4) A person must not advance, pay or otherwise provide inducement, or cause inducement to be provided, knowing or with the intent that it is to be used for any of the acts prohibited by this section.
(5) A person must not offer, agree or promise to do anything otherwise prohibited by this section.
(6) A person prohibited from doing something by this section must not do the prohibited act directly, indirectly or by another person on behalf of the first person.
124 (1) In this section "intimidate" means to do or threaten to do any of the following:
(a) use force, violence or restraint against a person;
(b) inflict injury, harm, damage or loss on a person or property;
(c) otherwise intimidate a person.
(2) A person must not intimidate another person for any of the following purposes:
(a) to persuade or compel a person to vote or refrain from voting;
(b) to persuade or compel a person to vote or refrain from voting for or against a particular candidate;
(c) to punish a person for having voted or refrained from voting as described in paragraph (a) or (b).
(3) A person must not, by abduction, duress or fraudulent means, do any of the following:
(a) impede, prevent or otherwise interfere with a person's right to vote;
(b) compel, persuade or otherwise cause a person to vote or refrain from voting;
(c) compel, persuade or otherwise cause a person to vote or refrain from voting for a particular candidate.
(4) A person prohibited from doing something by this section must not do the prohibited act directly, indirectly or by another person on behalf of the first person.
125 (1) In relation to nominations, a person must not do any of the following:
(a) contravene section 44 (3);
(b) before or after an election, purport to withdraw a candidate from an election without authority to do so or publish or cause to be published a false statement that a candidate has withdrawn.
(2) In relation to voting, a person must not do any of the following:
(a) vote at an election when not entitled to do so;
(b) contravene section 86 (1) regarding voting more than once in an election;
(c) obtain a ballot in the name of another person, whether the name is of a living or dead person or of a fictitious person;
(d) contravene section 85 (2) regarding the secrecy of the ballot.
(3) In relation to ballots and ballot boxes, a person must not do any of the following:
(a) without authority supply a ballot to another person;
(b) without authority print or reproduce a ballot or a paper that is capable of being used as a ballot;
(c) without authority take a ballot out of a place where voting proceedings are being conducted;
(d) put in a ballot box, or cause to be put in a ballot box, a paper other than a ballot that the person is authorized to deposit there;
(e) interfere with voting under section 74 contrary to the applicable by-law and regulations;
(f) without authority destroy, take, open or otherwise interfere with a ballot box or ballots.
(4) In relation to voting proceedings, a person must not do any of the following at or within 100 metres of a building, structure or other place where voting proceedings are being conducted at the time:
(a) canvass or solicit votes or otherwise attempt to influence how an elector votes;
(b) carry, wear or supply a flag, badge or other thing indicating that the person using it is a supporter of a particular candidate or elector organization;
(c) display or distribute a sign, a document or other material regarding a candidate or elector organization, except as authorized by the chief election officer;
(d) display, distribute, post or openly leave a representation of a ballot marked for a particular candidate in an election.
(5) In relation to campaign contributions and election expenses within the meaning of Division (8), a person must not do any of the following:
(a) accept a campaign contribution in contravention of section 58;
(b) make a campaign contribution in contravention of section 59;
(c) as a financial agent of a candidate or elector organization, file a false disclosure statement under section 62.
(6) In relation to any matter or proceeding to which this Part applies, a person must not do any of the following:
(a) provide false or misleading information when required or authorized by or under this Part to provide information;
(b) make a false or misleading statement or declaration when required by or under this Part to make a statement or declaration;
(c) inspect a list of registered electors or nomination documents or other election materials, or use the information from any of them, except for the purposes of this Act;
(d) be present at a place where voting or counting proceedings are being conducted, unless authorized by or under this Part to be present;
(e) impede or obstruct an election official or other person in performing duties and powers given to the person by or under this Part.
(7) A person who is an election official must not contravene this Part with the intention of affecting the result or validity of an election.
126 (1) A person who contravenes section 123 or 124 is guilty of an offence and is liable to one or more of the following penalties:
(a) a fine of not more than $10 000;
(b) imprisonment for a term not longer than 2 years;
(c) a prohibition for a period of not longer than 6 years from holding an elected local government office;
(d) a prohibition for a period of not longer than 6 years from voting in local government elections.
(2) A person who contravenes section 125 is guilty of an offence and is liable to one or more of the following penalties:
(a) a fine of not more than $5 000;
(b) imprisonment for a term not longer than one year;
(c) a prohibition for a period of not longer than 6 years from holding an elected local government office;
(d) a prohibition for a period of not longer than 6 years from voting in local government elections.
(3) Any penalty under this Division is in addition to and not in place of any other penalty provided in this Part.
Division (18) -- General
127 (1) If the Minister of Municipal Affairs considers that special circumstances regarding an election require this, the minister may make any order the minister considers appropriate to achieve the purposes of this Part, including an order providing an exception to this Act or a by-law or regulation under this Act.
(2) Without limiting subsection (1), the minister may make an order extending a time period or establishing a new date in place of a date set by or under this Act and giving any other directions the minister considers appropriate in relation to this.
(3) If reasonably possible, before exercising the authority under this section the minister must consult with the Council.
128 (1) The Lieutenant Governor in Council may make regulations, including regulations for any matter for which regulations are contemplated by this Part.
(2) Without limiting subsection (1), the Lieutenant Governor in Council may make regulations as follows:
(a) prescribing information that must be included under section 28 in an application for registration as an elector, which may be different for resident electors and property electors;
(b) for the purposes of section 39,
(i) deeming a described class of persons to be employees of the city or a specified regional district, and
(ii) excepting a described class of persons as excluded from the definition of "employee";
(c) prescribing information that must be included in the notice of nomination under section 42, which may be different depending on whether the nomination is for an election at large or an election on the basis of a neighbourhood constituency;
(d) prescribing matters that must be included in the solemn declaration under section 51 regarding elector organization endorsement of a candidate;
(e) prescribing information regarding election expenses to be included in a disclosure statement under section 62 (3) (e);
(f) establishing requirements, limits and conditions in relation to voting by mail ballot under section 72;
(g) establishing requirements, limits and conditions in relation to voting under section 74;
(h) establishing requirements, limits and conditions in relation to voting divisions under section 75;
(i) prescribing one or more alternative forms in which a specified solemn declaration must be made.
(3) For the purposes of this section, the Lieutenant Governor in Council may, by regulation, provide that a regulation under section 146 of the Municipal Act applies to the city.
PART II -- OTHER VOTING
Division (1) -- Interpretation
129 The definitions in Part I apply to this Part and, in addition, in this Part "other voting" means voting on a matter referred to in section 130;
"voting area" means the area for which the other voting is to be conducted.
130 (1) This Part applies to
(a) voting on a by-law or other matter for which assent of the electors is required,
(b) voting on a by-law or other matter for which the Council is authorized by this or another Act to obtain the assent of the electors, unless otherwise provided by the authorizing enactment, and
(c) voting on a question under section 184.
(2) Except as otherwise provided, Part I applies to voting referred to in subsection (1) as if the other voting were an election and, for certainty, Division (17) of that Part regarding offences applies to other voting.
Division (2) -- Assent of the Electors
131 (1) Unless otherwise provided in this Act, if assent of the electors to a by-law or other matter is required or wanted, that assent is obtained only if a majority of the votes counted as valid are in favour of the by-law or question.
(2) If a by-law that requires the assent of the electors does not receive that assent, no other by-law for the same purpose may be submitted to the electors within a period of 6 months from the last submission except with the approval of the Minister of Municipal Affairs.
(3) Despite section 27 (4) of the Interpretation Act, a by-law to which that section applies in relation to assent of the electors may be amended or repealed without the assent of the electors if the Minister of Municipal Affairs approves.
132 (1) A by-law submitted for the assent of electors must be for only one distinct purpose, although the by-law may include purposes incidental to the main purpose.
(2) If 2 or more by-laws are submitted at the same time for assent of the electors, each by-law must be voted on as a separate question unless otherwise provided in this Act.
Division (3) -- Proceedings for Other Voting
133 (1) In order to vote at other voting, a person must meet both the following requirements:
(a) the person must meet the qualifications of section 23 as a resident elector, or section 24 as a property elector, in relation to the voting area for which the other voting is to be conducted;
(b) the person must be registered in accordance with subsection (2).
(2) To vote in other voting a person must
(a) be registered, on or before the date established under subsection (5) (a) if applicable, as an elector of the city, or
(b) register immediately before voting, as applicable, either
(i) as an elector of the city, or
(ii) as an elector for the purposes of the other voting only.
(3) A person may vote only once on a question submitted for other voting, even though the voting is conducted in more than one voting area and the person is entitled to vote in relation to more than one voting area.
(4) Registration referred to in subsection (2) (b) (ii) is effective only for the other voting being conducted at that time.
(5) If general voting day for other voting is not general voting day for an election under Part I and advance registration is available under section 29,
(a) the chief election officer must establish a date after which registration as an elector will not entitle the person to vote at the other voting and the person must instead register under subsection (2) (b) in order to vote, and
(b) sections 35 (3), (6) and (7), 36 and 37 do not apply in relation to the other voting.
(6) If subsection (5) applies, at least 6 but not more than 30 days before the date established under paragraph (a) of that subsection, the chief election officer must give notice in accordance with section 17 of
(a) how a person may register in advance, and
(b) the date after which advance registration will not apply for the purposes of the other voting.
134 (1) An authority in or under this or any other Act for the Lieutenant Governor in Council or a minister to require a by-law or other matter to be submitted for assent of the electors includes the authority to set a general voting day for obtaining that assent, subject to the restriction that general voting day must be on a Saturday.
(2) Unless general voting day is set under subsection (1), the chief election officer must set general voting day for other voting to be on a Saturday in accordance with the following:
(a) in the case of a by-law referred to in subsection (1), not more than 80 days after the day of the direction to obtain assent;
(b) in the case of a by-law requiring the approval of the Lieutenant Governor in Council or a minister, not more than 80 days after the day of the approval or, if there is more than one approval required, of the last approval;
(c) in the case of other by-laws, not more than 80 days after the day the by-law receives third reading;
(d) in the case of another matter, not more than 80 days after adoption of the authorizing by-law.
135 (1) In order for a by-law under this Part or a by-law referred to in section 12 to apply in relation to other voting, the by-law must be adopted at least 6 weeks before general voting day for the other voting.
(2) Unless subsection (3) applies, voting opportunities for the other voting are those established by or under Part I for the other voting.
(3) Voting opportunities in the voting area must be the same as for an election if
(a) general voting day for the other voting is the same as general voting day for the election,
(b) a voting area for the other voting is all or part of the city, and
(c) the Council is responsible for conducting the other voting.
136 (1) In place of a notice of election under section 49, at least 6 but not more than 30 days before general voting day for other voting, the chief election officer must issue a notice of voting under this section in accordance with section 17.
(2) In addition to subsection (1), throughout the period between the 30th day before general voting day and general voting day, the notice of other voting must be available for public inspection at the City Hall during its regular office hours and may be made available at other locations and times as the chief election officer considers appropriate.
(3) A notice of voting must include the following information:
(a) the question that is to be voted on;
(b) the voting area;
(c) the qualifications required to be met in order to vote as an elector for the other voting;
(d) the date of general voting day, the voting places established under section 67 for that day and the voting hours for those places;
(e) information required to be included under section 49 (2) (d) to (f) regarding voting divisions.
(4) If the other voting is on a by-law submitted for the assent of the electors or is authorized by a by-law, the notice of voting must also include the following:
(a) either a copy of the by-law or, if approved by the Council, a synopsis of the by-law in accordance with subsection (5);
(b) if a synopsis of the by-law is included, a statement that the synopsis is not an interpretation of the by-law;
(c) the dates, times and places at which the by-law may be inspected.
(5) A synopsis under subsection (4) (a) must include
(a) in general terms, the intent of the by-law,
(b) the area that is the subject of the by-law, and
(c) if applicable, the amount of the borrowing authorized by the by-law.
(6) If subsection (4) applies, a full copy of the by-law must be available for public inspection
(a) at the City Hall during its regular office hours, and
(b) at each place where voting is conducted.
(7) The notice of voting may also include any other information the chief election officer considers appropriate.
136.1 (1) A ballot for other voting must
(a) indicate the appropriate mark to make a valid vote indicating assent or dissent, and
(b) be in a question form to which the elector may indicate assent or dissent by making the appropriate mark opposite the word "Yes" or the word "No".
(2) Unless otherwise provided by or under this or another Act, separate ballots must be prepared for each question that is to be voted on.
136.2 (1) As an exception to section 95, the counting of the vote for other voting may be held at a later time set by the chief election officer, as long as the ballots are counted before the date of the declaration of the other voting results under section 108.
(2) If a later time for counting is set under subsection (1), the presiding election official must ensure that the ballots are sealed in ballot boxes in accordance with section 83 and are delivered to the chief election officer with the materials referred to in section 105.
136.3 (1) Notices under this Part may be combined with notices under Part I, as it applies to elections or to other voting, as long as the requirements of all applicable sections are met.
(2) Section 121, requiring the publication of election results in the Gazette, does not apply to other voting.
(3) The Lieutenant Governor in Council may make regulations as provided in section 128, which may be different for other voting than for elections and which may be different for different types of other voting.
Division (4) -- Scrutineers
136.4 (1) Scrutineers for the question in other voting and scrutineers against the question must be appointed under section 136.7 if applications in accordance with section 136.6 are received from persons who wish to volunteer for the positions.
(2) Only persons entitled to vote as electors in the other voting are entitled to act as scrutineers for the other voting, but election officials must not be appointed as scrutineers for the other voting.
(3) Unless a by-law under subsection (4) applies, only one scrutineer for the question and one scrutineer against the question may be present at each place at which scrutineers are entitled by Part I to be present.
(4) The Council may, by by-law, permit additional scrutineers to be present at proceedings referred to in subsection (3), subject to any restrictions and conditions in the by-law.
(5) As a limit on the authority under subsection (4), a by-law under that subsection may not provide for different entitlements for scrutineers for the question and scrutineers against the question.
(6) The absence of a scrutineer from a place where proceedings for other voting are being conducted does not invalidate anything done in relation to the other voting.
136.5 (1) At least 6 but not more than 30 days before the application period begins, the chief election officer must issue a notice under this section in accordance with section 17.
(2) The notice must include the following information:
(a) the question that is to be voted on;
(b) the dates, times and places at which applications for scrutineers will be received;
(c) how interested persons can obtain information on the requirements and procedures for making an application.
(3) The notice may include any other information the chief election officer considers appropriate.
(4) In addition to subsection (1), from the 6th day before the application period begins until the close of the application period, the notice must be available for public inspection at the City Hall during its regular office hours.
136.6 (1) The period for receiving applications to act as a scrutineer is the same as the nomination period under section 41.
(2) An application to act as a scrutineer for other voting must be signed by the applicant and contain the following information:
(a) the full name of the person applying;
(b) the address to which the person applying wishes to have notices sent;
(c) if required by the chief election officer, a telephone number at which the person applying may be contacted;
(d) a statement that the applicant is entitled to vote as an elector in the other voting and is entitled to act as a scrutineer for the other voting;
(e) a statement as to whether the applicant is in favour of the question or opposed to the question;
(f) any other information required to be included by a regulation under subsection (5).
(3) In order to be appointed as a scrutineer, the application to volunteer as a scrutineer must be received by the chief election officer, or a person designated by the chief election officer for this purpose, before the end of the application period under subsection (1).
(4) Section 45 applies for the purposes of this section and, for the purposes of subsection (5) of that section, the deadline for receiving the original of the application is the 29th day before general voting day.
(5) The Lieutenant Governor in Council may make regulations prescribing information that must be included in an application under this section.
136.7 (1) The chief election officer must,
(a) on the basis of the applications received in accordance with section 136.6, appoint applicants in favour of the question as scrutineers for the question and applicants opposed to the question as scrutineers against the question, and
(b) assign scrutineers to each place at which scrutineers are entitled to be present under Part I.
(2) If the number of applicants on one side of the question is fewer than the maximum allowed under section 136.4,
(a) all these applicants must be appointed as scrutineers in accordance with subsection (1), and
(b) a scrutineer may be assigned to more than one place if the hours or days of the proceedings at which scrutineers are entitled to be present allow this.
(3) If there are more applicants on one side of the question than the maximum allowed under section 136.4, the following rules apply:
(a) the scrutineers for that side must be determined by lot in accordance with the procedure used in section 79 (4) (a) to (d);
(b) the chief election officer must notify all applicants of the date, time and place of the determination by lot and these applicants are entitled to be present;
(c) names are to be drawn until the number of names drawn is equivalent to the number of scrutineers to be appointed;
(d) the persons whose names are drawn must be appointed as scrutineers in accordance with subsection (1);
(e) in the discretion of the chief election officer, additional names may be drawn of persons who may be appointed if applicants appointed under paragraph (d) are unable to act as scrutineers.
(4) In addition to the appointments under subsection (1), one scrutineer for the question and one scrutineer against the question is entitled to be present at the final determination under section 107 of the other voting and at any judicial recount of the other voting.
(5) Scrutineers referred to in subsection (4) must be appointed in accordance with the following:
(a) the appointment must be made from among those persons who acted as scrutineers under subsection (1) and who indicate that they wish to be considered for the appointment;
(b) if, for a side of the question, more than one person wishes to be considered for appointment, the choice must be made by lot in accordance with subsection (3).
(6) A scrutineer appointment must
(a) be made in writing,
(b) state the name and address of the person appointed,
(c) state the proceedings to which the scrutineer has been assigned under this section and the dates, times and places where these are to be conducted, and
(d) be signed by the chief election officer.
62 Sections 137 to 145 are repealed and the following substituted:
137 (1) Except as established under subsection (2), by a temporary order under section 10 (6) (a) or by the effect of section 139 (2), the Council is to consist of a Mayor and 10 Councillors, and the quorum for the Council is 6 members.
(2) Subject to the limit that there must be at least 10 Councillors, the Council may, by by-law, change the number of Councillors, in which case the quorum for the Council is the lowest number of Council members that is a majority of the total Council size as established by the by-law.
(3) A by-law under subsection (2) must provide for an uninterrupted transition from the previous Council.
(4) A by-law under subsection (2) that would reduce the size of Council must not be adopted without the assent of the electors.
138 (1) Unless a by-law under subsection (2) applies, every member of Council must be elected from the city at large.
(2) The Council may, by by-law, provide that all or some of the Councillors be elected on a neighbourhood constituency basis.
(3) A by-law under subsection (2) must establish the areas that are to be neighbourhood constituencies and provide for an orderly transition to election on this basis.
(4) A by-law under subsection (2) must be approved by the Lieutenant Governor in Council before it is adopted.
(5) If a neighbourhood constituency is established,
(a) the only persons who may vote as electors for the neighbourhood constituency are
(i) resident electors who meet the qualifications of section 23 in relation to the area of the neighbourhood constituency, and
(ii) property electors who meet the qualifications of section 24 in relation to the area of the neighbourhood constituency, and
(b) except as permitted at additional general voting or a special voting opportunity, the electors of the neighbourhood constituency may only vote on general voting day at the voting places for that neighbourhood constituency.
(6) The notice of election under section 49 for an election on the basis of a neighbourhood constituency must include the following additional information:
(a) the boundaries of the neighbourhood constituency;
(b) the voting places on general voting day for the neighbourhood constituency;
(c) a description of the qualifications established by subsection (5) (a) that entitle an elector to vote for a member of Council to represent the neighbourhood constituency.
139 (1) The term of office for a Mayor elected at a general local election
(a) begins on the first Monday after December 1 following the election or when the person takes office in accordance with section 140 (4), whichever is later, and
(b) ends immediately before the first Monday after December 1 in the year of the next general local election or when the Mayor's successor takes office, whichever is later.
(2) The term of office for a Councillor elected at a general local election
(a) begins on the first Monday after December 1 following the election or when the person takes office in accordance with section 140 (4), whichever is later, and
(b) ends immediately before the first Monday after December 1 in the year of the next general local election or when a sufficient number of members of Council have taken office to make up a quorum, whichever is later.
140 (1) A person elected or appointed to office on Council must make a prescribed oath of office, on oath or by solemn affirmation, within 40 days after the declaration of election or the appointment.
(2) The oath must be made before a judge of the Court of Appeal, the Supreme Court or the Provincial Court, a justice of the peace or the City Clerk, and the person making the oath must obtain the completed oath or a certificate of it from the person administering it.
(3) A person taking office on Council may also make an oath of allegiance.
(4) A person takes office on Council
(a) at the time the term of office begins if, at this time, the person produces or has produced the completed oath or certificate to the City Clerk, or
(b) at any later time that the person produces the completed oath or certificate to the City Clerk.
(5) The Lieutenant Governor in Council may, by regulation, establish one or more alternative oaths of office for the purposes of this section, which may be different for different types of office.
(6) Once a member of Council takes office, the member is entitled to hold that office through its term and to vote and otherwise act in the office during that time unless the member resigns or becomes disqualified.
141 (1) If a person elected or appointed to office on Council does not make the required oath under section 140 within the time limit set by that section, the office is deemed to be vacant and the person is disqualified from taking and holding office on Council or on another municipal council or a regional district board until the next general local election.
(2) If a member of Council is continuously absent from Council meetings for a period of 60 consecutive days or 4 consecutive regularly scheduled Council meetings, whichever is the longer time period, unless the absence is because of illness or with the leave of Council, the office of the member is deemed to be vacant and the person who held the office is disqualified from holding office on Council, another municipal council or a regional district board until the next general local election.
142 (1) A member of Council may resign from office only by delivering a written resignation to the City Clerk.
(2) A resignation becomes effective when it is received by the City Clerk, even if a later date is set out in the resignation, and may not be revoked after the time it is received.
(3) The City Clerk must notify the Council of a resignation at its next meeting after the resignation is received or, if there are no other Council members, the City Clerk must notify the Minister of Municipal Affairs.
142.1 (1) An application to court for a declaration that a member of Council is disqualified from holding office and that the office is vacant may be made in accordance with this section.
(2) Except as provided in this section, Division (15) of Part I, other than section 115 (7), applies in relation to an application under this section.
(3) An application may only be made by at least 4 electors of the city.
(4) An application may be made at any time during the challenged person's term of office, but must be made within 30 days after the alleged basis of the disqualification comes to the attention of any of the persons making the application.
(5) Within 7 days after the petition commencing an application is filed, it must be served on the Mayor or Councillor whose right to hold office is being challenged and on the City Clerk.
(6) On the hearing of an application, the court may
(a) declare that the person is confirmed as qualified to hold office, or
(b) declare that the person is not qualified to hold office and that the office is vacant.
142.2 (1) If the Council considers that one of its members is disqualified from holding office, the Council may adopt a resolution declaring that the office is vacant.
(2) Before taking action under subsection (1), the Council must notify the person affected of the proposed action.
(3) Unless an application to court is made under subsection (4), an office declared vacant under subsection (1) becomes vacant 6 days after the resolution is adopted.
(4) A person whose office is declared vacant under subsection (1) may apply to court for a determination of whether the person is qualified to hold the office, but the application must be commenced within 5 days after the resolution is adopted.
(5) Within 7 days after the petition commencing an application under subsection (4) is filed, it must be served on the City Clerk.
(6) On the hearing of an application under subsection (4), the court may
(a) declare that the person is confirmed as qualified to hold office, or
(b) declare that the person is not qualified to hold office and that the office is vacant.
(7) Section 119 applies in relation to an application under subsection (4) of this section.
143 (1) Following a general local election, the first meeting of the Council shall be on the first Monday after December 1 in the year of the election.
(2) If a quorum of Council members elected at the general local election has not taken office by the time referred to in subsection (1), the first meeting of the Council shall be called by the City Clerk and held as soon as reasonably possible after a quorum has taken office.
(3) After the first meeting, the Council must meet as it decides and as provided in this Act.
144 A by-law, resolution, order, contract or other proceeding of the Council shall not be set aside or declared invalid by reason only that
(a) a person sitting or voting as a member of Council was not qualified to be a member of Council at or before the time of the proceeding,
(b) a member of Council renounced claim to office on Council,
(c) an election for Council was set aside or declared invalid after the proceeding, or
(d) an election of a Council member was set aside or declared invalid after the proceeding.
145 (1) Except as otherwise provided, the powers of the city shall be exercisable by the Council.
(2) Without limiting subsection (1) and subject to any express limitation in this Act, the city has full power to engage in any commercial, industrial or business undertaking.
145.1 (1) This section applies to all meetings of Council, to meetings of committee of the whole and to meetings of standing and select committees of Council.
(2) Unless otherwise provided in this Act, if the votes of the members of the Council present at the meeting at the time of the vote are equal for and against a question, the question is defeated and the presiding member shall so declare.
(3) A member of Council present at the meeting at the time of the vote who abstains from voting is deemed to have voted in the affirmative.
(4) If a Council member considers that he or she is not entitled to participate in the discussion of a matter or to vote on a question in respect of the matter, the member shall declare this and state the general nature of why the member considers this to be the case.
(5) After making a declaration required by subsection (4), the member
(a) shall not take part in the discussion of the matter and is not entitled to vote on any question in respect of the matter,
(b) shall immediately leave the meeting or that part of the meeting during which the matter is under consideration, and
(c) shall not attempt in any way, whether before, during or after the meeting, to influence the voting on any question in respect of the matter.
(6) When a declaration required by subsection (4) is made,
(a) the person recording the minutes of the meeting shall record the member's declaration, the reasons given for it and the times of the member's departure from the meeting room and, if applicable, of the member's return, and
(b) the person presiding at the meeting shall ensure that the member is not present at the meeting at the time of any vote on the matter.
(7) Without limiting subsection (4), a Council member must not participate in the discussion of or vote on a question in respect of a matter in which the member has a direct or indirect pecuniary interest.
(8) Subsection (7) does not apply
(a) if the pecuniary interest of the Council member is a pecuniary interest in common with electors of the city generally,
(b) if the matter relates to remuneration or expenses payable to one or more Council members in relation to their duties as Council members, or
(c) if the pecuniary interest is so remote or insignificant that it cannot reasonably be regarded as likely to influence the member in relation to the matter.
(9) A person who contravenes subsection (7) is disqualified from continuing to hold office as a member of Council, unless the contravention was done through inadvertence or by reason of an error in judgment made in good faith.
(10) If otherwise qualified, a person disqualified under subsection (9) is qualified to be nominated and elected in the by-election to fill the vacancy created by this disqualification and, if elected, is qualified to hold the office.
(11) If as a result of subsection (4) the number of Council members who may discuss and vote on a matter falls below the quorum for Council, the Council may apply to the court for an order under subsection (12) without notice to any other person.
(12) On an application under subsection (11), the court may
(a) order that all or specified members of Council may discuss and vote on the matter, despite the other provisions of this section, and
(b) make the authority under paragraph (a) subject to any conditions and directions the court considers appropriate.
63 Section 151 is repealed and the following substituted:
151 (1) Except as restricted by this section, the powers of the Council may be exercised either by by-law or by resolution.
(2) A by-law may not be amended by resolution.
(3) If an enactment provides that Council is required or empowered to exercise a power by by-law, that power may only be exercised by by-law.
(4) If the Council exercises a power to direct that a thing should or should not be done and a person who fails to comply is subject to a fine or penalty, the power shall be exercised by by-law.
64 Section 160 is repealed and the following substituted:
160 All committees of Council shall stand discharged immediately before the first Monday after December 1 in the year of a general local election.
65 Section 165 (b) is repealed and the following substituted:
(b) the fixing of a quorum for meetings of committees of Council; .
66 Section 184 is repealed and the following substituted:
184 The Council, for its own information, may submit for the opinion of the electors any question with which the Council has or desires to have the power to deal.
67 Section 206A (2) (g) is amended
(a) in subparagraph (ii) by striking out "at any annual election", and
(b) in subparagraph (iii) by striking out "at the next annual election".
68 Section 245 (1) and (2) is repealed and the following substituted:
245 (1) If the assent of the electors is obtained to a question under this section, the Council has the power, without the further assent of the electors, to borrow money for the purposes specified in the question during the period specified in the question, subject to the limit that the specified period may not be longer than 10 years.
(2) A question under this section must set out the following:
(a) the maximum total amount proposed to be borrowed;
(b) the number of years during which Council may exercise its authority under this section to borrow money without the assent of the electors;
(c) the proposed projects for which the money is to be borrowed and the amount allocated for each;
(d) a statement that, if the question receives the assent of the electors, the Council has the power, without the further assent of the electors, to pass by-laws as and when Council considers appropriate to borrow money for the projects described in the question up to an aggregate principal amount that does not exceed the amount authorized by the question.
(2.1) An authority to borrow under subsection (1) is an authority to pass by-laws to borrow by the issue of debentures in an aggregate principal amount not greater than the amount specified in the question and, for these purposes, the provisions of this Part relating to the borrowing of money and the issue of debentures apply.
69 Sections 266, 267, 267A and 268 are repealed.
70 Section 294 (4) is amended by adding the following paragraph:
(g.1) an election official appointed under section 14, .
71 Section 334 is amended by striking out "an owner-elector" and substituting "a registered owner of real property in the city".
72 Sections 486 and 487 are repealed and the following substituted:
486 (1) The members of the Board shall be nominated and elected at the same time and in the same manner as Councillors and, for these purposes, Part I applies.
(2) The terms of members of the Board shall be as set by the Council by by-law.
(3) Members of the Board shall take office by making an oath of office in accordance with section 140.
(4) In the event of a vacancy on the Board, a by-election need not be held unless directed by the Council, in which case the election shall be held in the same manner as an election under section 10.
73 Section 488 (5) (f) is repealed and the following substituted:
(f) purchases made with funds borrowed with the assent of the electors under Part V for the acquisition of permanent public parks.
74 Section 507 (2) is repealed and the following substituted:
(2) If the Council considers that the designated area for a project undertaken on the initiative of the Council is unduly large to proceed under section 506 (2) (b), it may instead submit the project for the assent of the electors in the area and, if more than one-third of the votes are against the project, this has the same effect as if a sufficient number of notices of objection were filed with the City Clerk under that section.
75 Section 508 (q) is repealed and the following substituted:
(q) for providing that, notwithstanding section 510, a Court of Revision need not sit and notices of assessment need not be mailed if only the supply of electrical energy is undertaken or if a project is submitted for the assent of the electors under section 507 (2); .
76 Section 523B (1) and (2) is repealed and the following substituted:
523B (1) If the assent of the electors in the designated benefiting area is obtained to a question under this section, the Council has the power, without the further assent of the electors, to pass by-laws as and when Council considers appropriate to borrow money for the work, improvement or service described in the question up to an aggregate principal amount that does not exceed the amount authorized by the question.
(2) Before submitting a question under this section, the Council shall, by resolution, declare that
(a) it is desirable for the city to undertake a work, improvement or service that Council considers will specially benefit real property in a designated area of the city, and
(b) an amount specified in the resolution must be borrowed for the work, improvement or service.
(2.1) After a resolution under subsection (2) has been made, the Council may submit to the electors in the designated area a question setting out
(a) the proposed work, improvement or service for which the money is to be borrowed,
(b) the maximum total amount proposed to be borrowed,
(c) the area of the city within which the total amount of money to be borrowed will be raised by a levy on the rateable property,
(d) whether the levy will be based on frontage or on the assessed value of the rateable property within the area, and
(e) a statement that, if the question receives the assent of the electors, the Council has the power, without the further assent of the electors, to pass by-laws as and when Council considers appropriate to borrow money for the work, improvement or service described in the question up to an aggregate principal amount that does not exceed the amount authorized by the question.
77 Section 524 is repealed and the following substituted:
524 On the application of an elector or a person interested in the by-law or resolution, a Judge may declare the by-law or resolution void in whole or in part for illegality.
78 Section 529 is amended by striking out "section 131" and substituting "section 123 or 124".
79 Section 530 is amended by striking out "section 131," and substituting "section 123 or 124,".
80 Section 577 is repealed.
PART 5 -- CONSEQUENTIAL AMENDMENTS
81 Section 18 of the Community Resource Board Act, R.S.B.C. 1979, c. 58, is amended
(a) by repealing subsection (1) (a), and
(b) in subsection (2) by striking out ", is of the age of majority".
82 Section 6 (b) of the Cultus Lake Park Act, S.B.C. 1932, c. 63, is repealed and the following substituted:
6 (b) The 2 Cultus Lake representatives shall be elected to the Board by persons who are leaseholders of the Board or who reside within Cultus Lake Park.
Divisions 4 and 5 of Part 4 of the School Act, as they apply to a trustee election conducted by a board of school trustees, apply to the election of the Cultus Lake representatives except as otherwise provided and, for these purposes, the references in those Divisions are to be read in accordance with the following:
(i) a reference to a board is to be read as a reference to the Board;
(ii) a reference to a trustee electoral area is to be read as a reference to the Park;
(iii) a reference to the secretary treasurer of a board is to be read as a reference to the officer or employee of the Board assigned responsibility for these matters by the Board;
(iv) a reference to the minister is to be read as a reference to the minister responsible for this Act.
Health Act
83 Sections 39 and 40 of the Health Act, R.S.B.C. 1979, c. 161, are repealed and the following substituted:
39 (1) In this section "local authority" means a municipal council, regional district board, board of school trustees or other body of which some or all of the members are elected at a local election;
"local election" means an election or voting on any other matter
(a) under Part 2 or 3 of the Municipal Act as those Parts apply to elections or other voting under that Act or any other Act, or
(b) under Part I or II of the Vancouver Charter as those Parts apply to elections or other voting under that Act or any other Act.
(2) If it appears that it would be dangerous to hold a local election because of the presence of an epidemic or contagious disease, the Lieutenant Governor in Council may postpone the local election for a period of up to 3 months and, in relation to this, may give any order the Lieutenant Governor in Council considers appropriate regarding the local election.
(3) The Lieutenant Governor in Council may make consecutive orders under subsection (2) if this appears necessary.
(4) If an order under subsection (2) does not specify a new general voting day for the local election, as soon as reasonably possible after the end of the postponement, the local authority shall set a new general voting day or direct the chief election officer to set a new general voting day.
(5) If a local election postponed under this section is the general election for the local authority, as opposed to a by-election, the elected members of the local authority whose offices would have been filled by the postponed election continue to hold office until their successors take office following the election when it is in fact held.
84 Section 26 (1) of the Library Act, R.S.B.C. 1979, c. 235, is amended by striking out "the next annual municipal election held in the municipality." and substituting "the next general local election."
85 Sections 124 and 129 of the Municipalities Enabling and Validating Act, R.S.B.C. 1960, c. 261, are repealed.
86 Section 4 of the Resort Municipality of Whistler Act, S.B.C. 1975, c. 67, is repealed and the following substituted:
4 (1) The council of the municipality consists of a mayor and 6 councillors, unless this is varied by a regulation under section 11 (1) (b).
(2) The powers of the municipality are to be exercised by the council.
87 Section 11 (1) (b) is repealed and the following substituted:
(b) varying the number of council members established by section 4 (1), .
88 Section 9.3 of the University Endowment Land Act, R.S.B.C. 1979, c. 420, is amended by striking out "Sections 308 to 311," and substituting "Sections 298, 299,".
89 Section 14 of the Vital Statistics Act, R.S.B.C. 1979, c. 425, is repealed and the following substituted:
14 (1) A district registrar shall register a death if the statement and certificate under section 13.2 are received within one year from the date of death and the district registrar is satisfied as to the truth and sufficiency of the statement.
(2) Every 3 months, the director shall provide to the municipal clerks and regional district secretaries in each registration district a list of the names and addresses of the residents of the registration district whose deaths were registered with a district registrar or the director since the last list.
(3) If requested by a municipal clerk, regional district secretary or the responsible official under the Islands Trust Act for the purpose of resolving an objection to the registration of an elector, the director shall conduct a search of the register of deaths and report the results to the official.
PART 6 -- TRANSITIONAL AND COMMENCEMENT
90 In this Part "election amendments" means the amendments made by sections 1 and 3 to 89 of this Act;
"local authority" means a municipal council, regional district board, board of school trustees or other body all or some of whose members are to be elected in accordance with the election amendments;
"1993 general local elections" means the elections to which the election amendments apply that are part of or held at the same time as
(a) the 1993 general local election under the Municipal Act,
(b) the 1993 general local election under the Vancouver Charter, and
(c) the 1993 general school election under the School Act.
91 The purpose of this Part is to provide an orderly transition to the effect of the enactments amended by this Act from those enactments as they read before amendment, including by the provision of exceptions, qualifications and requirements additional to those enactments.
92 (1) The election amendments do not apply to the following and, instead, the enactments as they read before amendment by the election amendments apply:
(a) persons currently holding elected office or appointed to an office for which elections may be held;
(b) elections that are held before the time of the 1993 general local elections;
(c) voting on matters other than elections that is conducted before the time of the 1993 general local elections.
(2) For certainty, the election amendments apply for the purposes of the 1993 general local elections.
93 (1) As an exception to any other time limit, in order for a bylaw under the election amendments to apply in relation to an election that is part of the 1993 general local elections or other voting that is conducted at the same time, the bylaw must be adopted before September 15, 1993, but need not be adopted earlier than that date.
(2) A bylaw in relation to elections or other voting under the election amendments that is adopted before the date on which the election amendments are deemed to have come into force is retroactive to the date of adoption.
(3) Despite section 74 of the Vancouver Charter, as enacted by the election amendments, the City of Vancouver does not require a bylaw under that section in order to use voting machines for the 1993 general local elections or for other voting that is conducted at the same time and, instead, for those elections and such other voting may continue to rely on its authority under section 136A of the Vancouver Charter as it read before its repeal by the election amendments.
94 (1) A local authority that would otherwise be required by the election amendments to have advance registration available for persons wishing to register as electors of the applicable jurisdiction is not required to have such registration available until September 1, 1993.
(2) For a local authority that prepares a register of electors under the election amendments, the existing register of electors is cancelled and the local authority must prepare a new register of electors for the purposes of the 1993 general local elections.
(3) If subsection (2) applies, the responsible official of the local authority may add to the new register of electors persons who, on the basis of the former register of electors for the local authority, appear to meet the qualifications required to register as resident electors for the local authority.
(4) A person whose name is added to a register of electors under subsection (3) is deemed to have registered as a resident elector for the jurisdiction to which the register applies.
95 (1) For the purposes of applying Division (8) of Part 2 of the Municipal Act and Division (8) of Part I of the Vancouver Charter to the 1993 general local elections,
(a) those Divisions apply to campaign contributions received and election expenses used before the date on which the election amendments are deemed to have come into force,
(b) the obligations of candidates, elector organizations and their financial agents in relation to election expenses and campaign contributions referred to in paragraph (a) are satisfied if the person under the obligation uses the person's best efforts to satisfy the obligation, and
(c) in relation to the reporting in the required disclosure statements of campaign contributions referred to in paragraph (a), the amounts of the contributions must be shown separately for each person who made a contribution but the names of the persons who made the contributions and the dates on which they were made must not be included unless the person who made the contribution consents.
(2) Sections 86 (1) and 87 (1) (a) of the Municipal Act and sections 58 (1) and 59 (1) (a) of the Vancouver Charter do not apply in relation to elector organizations until one week after the date on which the election amendments are deemed to have come into force, but an elector organization that has received campaign contributions or used election expenses at any time before those sections apply in relation to elector organizations must appoint a financial agent for the purposes of the applicable Division referred to in subsection (1).
96 (1) For the purposes of allowing local authorities to use existing materials and systems in relation to the 1993 general local elections, a local authority may continue to use the titles and terms used in the enactments amended by the election amendments, as they read before amendment, or may use both those titles and terms and the ones to be used after amendment.
(2) Without limiting subsection (1), the following references may be used:
(a) a chief election officer may be referred to as a returning officer;
(b) a presiding election official may be referred to as a deputy returning officer;
(c) an election official who assists the presiding election official may be referred to as a poll clerk;
(d) a voting opportunity may be referred to as a poll;
(e) a voting place may be referred to as a polling place;
(f) a voting book may be referred to as a poll book.
97 (1) Despite section 47 (1) of the School Act, for the 1993 general school election, the costs of a trustee election conducted by a municipality under section 46 (1) of the School Act, as enacted by the election amendments, must be borne by the municipality.
(2) As exceptions to subsection (1),
(a) if a board exercises its authority under section 55 (4) of the School Act, the board must pay to the municipality any costs to the municipality in relation to the ballots that are additional to the costs to the municipality had that authority not been exercised, and
(b) in the case of a runoff trustee election under section 142 of the Municipal Act or section 114 of the Vancouver Charter, as those sections apply to trustee elections, the board must pay to the municipality any costs to the municipality that are additional to the costs, if any, to the municipality of conducting an election or other voting at the same time as the trustee election.
(3) As an exception to section 6 (2) of the Islands Trust Act, as enacted by the election amendments, an election for a local trustee under the Islands Trust Act that is part of the 1993 general local elections must be conducted by and is the responsibility of the regional district in which the local trust area is located.
98 (1) For certainty, a bylaw that is validly in force at the time the election amendments come into force continues in force to the extent that it is not inconsistent with the election amendments.
(2) The requirements in sections 321, 633 and 812 of the Municipal Act, as enacted by the election amendments, for a bylaw in relation to obtaining the assent of electors do not apply to actions under those sections taken before the date the election amendments are deemed to have come into force.
(3) For certainty, the requirement under section 39 (6) of the School Act to publish orders under that section in the Gazette does not apply to such orders made before that subsection comes into force.
99 (1) The Lieutenant Governor in Council may make regulations in relation to the 1993 general local elections or to other voting conducted at the same time, applicable to one or more local authorities, that the Lieutenant Governor in Council considers necessary or advisable for the purposes of facilitating the transition to the application of the election amendments in accordance with the principles of those amendments.
(2) Without limiting subsection (1), a regulation under this section may suspend, for a specified period, the operation of a provision of an enactment and may make another provision apply in its place.
100 (1) Section 2 comes into force on July 31, 1993 or, if this Act does not receive Royal Assent on or before that date, is deemed to have come into force on that date and is retroactive to the extent necessary to give it effect on and after that date.
(2) This Act, other than section 2, is deemed to have come into force on June 15, 1993 and is retroactive to the extent necessary to give it effect on and after that date.
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