The following electronic version is for informational purposes only.
The printed version remains the official version.
Certified correct as passed Third Reading on the 1st day of May, 2014
Craig James, Clerk of the House
HONOURABLE CORALEE OAKES
MINISTER OF COMMUNITY, SPORT
AND CULTURAL DEVELOPMENT
HER MAJESTY, by and with the advice and consent of the Legislative Assembly of the Province of British Columbia, enacts as follows:
Part 1 — Amendments To Be in Place
for 2014 General Local Elections
Community Charter
1 Section 81 (1) of the Community Charter, S.B.C. 2003, c. 26, is repealed and the following substituted:
(1) A general local election for the mayor and all councillors of each municipality must be held in the year 2014 and in every 4th year after that.
2 Section 101 (3) is repealed and the following substituted:
(3) A person who contravenes this section is disqualified from holding office as described in section 108.1 [disqualification for contravening conflict rules] unless the contravention was done inadvertently or because of an error in judgment made in good faith.
3 Section 102 (2) is repealed and the following substituted:
(2) A person who contravenes this section is disqualified from holding office as described in section 108.1 [disqualification for contravening conflict rules] unless the contravention was done inadvertently or because of an error in judgment made in good faith.
4 Section 103 (2) is repealed and the following substituted:
(2) A person who contravenes this section is disqualified from holding office as described in section 108.1 [disqualification for contravening conflict rules] unless the contravention was done inadvertently or because of an error in judgment made in good faith.
5 Section 105 (3) is repealed and the following substituted:
(3) A person who contravenes this section is disqualified from holding office as described in section 108.1 [disqualification for contravening conflict rules] unless the contravention was done inadvertently or because of an error in judgment made in good faith.
6 Section 106 (3) is repealed and the following substituted:
(3) A person who contravenes this section is disqualified from holding office as described in section 108.1 [disqualification for contravening conflict rules] unless the contravention was done inadvertently or because of an error in judgment made in good faith.
7 Section 107 (3) is repealed and the following substituted:
(3) A person who contravenes subsection (2) is disqualified from holding office as described in section 108.1 [disqualification for contravening conflict rules] unless the contravention was done inadvertently or because of an error in judgment made in good faith.
8 Section 108 (2) is repealed and the following substituted:
(2) A person who contravenes this section is disqualified from holding office as described in section 108.1 [disqualification for contravening conflict rules] unless the contravention was done inadvertently or because of an error in judgment made in good faith.
108.1 A person disqualified from holding office under this Division is disqualified from holding office
(a) on a local government,
(b) on the council of the City of Vancouver or on the Park Board established under section 485 of the Vancouver Charter, or
(c) as a trustee under the Islands Trust Act
until the next general local election.
10 The heading to Division 7 of Part 4 is repealed and the following substituted:
Division 7 — Challenge of Council Member Qualification for Office .
11 Section 110 is repealed and the following substituted:
110 This Division applies to the following disqualifications from holding office on a council:
(a) disqualifications under the following provisions of this Act:
(i) Division 6 [Conflict of Interest] of this Part;
(ii) section 120 (1.1) [failure to make oath of office];
(iii) section 125 (5) [unexcused absence from council meetings];
(iv) section 191 (3) [unauthorized expenditures];
(b) disqualifications under section 66 (2) [persons disqualified from holding local government office] of the Local Government Act, other than disqualifications referred to in section 66 (2) (h) [disqualifications under the Local Elections Campaign Financing Act].
12 Section 111 is amended
(a) in subsection (1) by striking out "under section 110" and substituting "as referred to in section 110", and
(b) in subsection (2) (b) by striking out "under section 110" and substituting "referred to in section 110".
13 Section 120 is amended by adding the following subsection:
(1.1) If a person referred to in subsection (1) does not make the required oath or solemn affirmation of office within the time limit established by that subsection, the person is disqualified from holding office
(a) on a local government,
(b) on the council of the City of Vancouver or on the Park Board established under section 485 of the Vancouver Charter, or
(c) as a trustee under the Islands Trust Act
until the next general local election.
14 Section 125 is amended by adding the following subsections:
(5) Subject to subsection (7), if a council member is absent from council meetings for
(a) a period of 60 consecutive days, or
(b) 4 consecutive regularly scheduled council meetings,
whichever is the longer time period, the council member is disqualified from holding office in accordance with subsection (6).
(6) Disqualification under subsection (5) is disqualification from holding office
(a) on a local government,
(b) on the council of the City of Vancouver or on the Park Board established under section 485 of the Vancouver Charter, or
(c) as a trustee under the Islands Trust Act
until the next general local election.
(7) The disqualification under subsection (5) does not apply if the absence is because of illness or injury or is with the leave of the council.
15 Section 191 (3) is repealed and the following substituted:
(3) In addition to any other penalty to which the person may be liable, a council member who is liable to the municipality under subsection (1) is disqualified from holding office
(a) on a local government,
(b) on the council of the City of Vancouver or on the Park Board established under section 485 of the Vancouver Charter, or
(c) as a trustee under the Islands Trust Act
until 4 years from the date of the vote to which the disqualification relates.
16 Section 194 is amended
(a) by repealing subsection (2) (c) and substituting the following:
(c) establish fees for obtaining copies of records that are available for public inspection; ,
(b) in subsection (3) by striking out "As exceptions," and substituting "As exceptions but subject to subsection (3.1),", and
(c) by adding the following subsection:
(3.1) A council may impose a fee referred to in section 59 (3) [fees for providing disclosure records] of the Local Elections Campaign Financing Act under either that section or this section.
17 Section 276 (1) (b) is repealed and the following substituted:
(b) proposes the amendment or repeal of this Act, the Local Government Act, the Local Elections Campaign Financing Act or the Local Government Grants Act, or .
Islands Trust Act
18 Section 6 of the Islands Trust Act, R.S.B.C. 1996, c. 239, is amended
(a) by repealing subsection (4) (b) and substituting the following:
(b) a reference to a municipality or electoral area is to be read as a reference to a local trust area; , and
(b) by repealing subsections (6) to (8) and substituting the following:
(6) The following provisions of the Local Government Act apply to local trustees:
(a) section 210 [oath or affirmation of office];
(b) section 212 [resignation from office];
(c) section 222.1 (6) to (8) [unexcused absence from board meetings].
(7) The following provisions of the Community Charter apply to local trustees:
(a) Division 6 [Conflict of Interest] of Part 4;
(b) Division 7 [Challenge of Council Member Qualification for Office] of Part 4.
(8) The qualification requirements of section 66 [who may hold office on a local government] of the Local Government Act for being nominated for, being elected to or holding office on a local government apply in relation to being nominated for, being elected to or holding office as a trustee.
Local Government Act
19 Section 5 of the Local Government Act, R.S.B.C. 1996, c. 323, is amended
(a) by adding the following definition:
"assent voting" means assent voting under Part 4 [Assent Voting]; ,
(b) by repealing the definition of "general voting day" and substituting the following:
"general voting day" means,
(a) in relation to an election, the applicable day established under
(i) section 12.2 (1) (a) [first election for municipality],
(ii) section 36 (2) [general local elections],
(iii) section 37 (5) [by-elections],
(iv) section 38 [election to be conducted under minister's order],
(v) section 142 (5) [runoff election if tie vote after a judicial recount], or
(vi) section 155 [ministerial orders in special circumstances], and
(b) in relation to assent voting, the applicable day established under
(i) section 162 [authority to set general voting day],
(ii) section 167 (5) (b) [special procedures if voting is conducted by more than one jurisdiction], or
(iii) section 155 [ministerial orders in special circumstances] as it applies to assent voting; ,
(c) by repealing the definition of "non-resident property elector" and substituting the following:
"non-resident property elector", in relation to a municipality or a regional district electoral area, means a person who, at the relevant time, meets the qualifications for registration under section 51 [non-resident property electors] as a non-resident property elector of the municipality or electoral area; , and
(d) by repealing the definition of "resident elector" and substituting the following:
"resident elector", in relation to a municipality or a regional district electoral area, means a person who, at the relevant time, meets the qualifications for registration under section 50 [resident electors] as a resident elector of the municipality or electoral area; .
20 Section 9 (1) is repealed and the following substituted:
(1) Part 4 [Assent Voting] 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 under that Part or under the Local Elections Campaign Financing Act as it applies in relation to that Part.
21 Section 33 is amended
(a) by repealing the definition of "candidate" and substituting the following:
"candidate"
(a) means a person who is declared to be a candidate under section 74 [declaration of candidates], and
(b) for the purposes of Division 6.1 [Candidate Endorsement by Elector Organization], includes a person who is seeking endorsement or is proposed to be endorsed under that Division; ,
(b) by adding the following definition:
"election area" means the municipality, neighbourhood constituency, regional district electoral area or other area for which an election is held under this Act or other local elections legislation; ,
(c) by repealing the definition of "elector organization" and substituting the following:
"elector organization" means an organization that endorses a candidate under Division 6.1 [Candidate Endorsement by Elector Organization]; ,
(d) by repealing the definition of "endorse",
(e) by adding the following definitions:
"endorsement", in relation to a candidate, means the endorsement of the candidate by an elector organization under Division 6.1 [Candidate Endorsement by Elector Organization];
"endorsement documents" means documents required to be filed by an elector organization under section 73.4 [endorsement documents]; ,
(f) by repealing the definition of "financial agent",
(g) by adding the following definition:
"held at the same time", in relation to elections and assent voting, means being held at the same time in accordance with the rules established by section 6 [when elections, or elections and assent voting, are considered to be held at the same time] of the Local Elections Campaign Financing Act; ,
(h) by repealing the definition of "jurisdiction",
(i) by repealing the definition of "neighbourhood constituency" and substituting the following:
"neighbourhood constituency" means an election area established as a neighbourhood constituency under section 36.1; ,
(j) by adding the following definition:
"nomination deposit" means a nomination deposit required by bylaw under section 72.1 [nomination deposits]; ,
(k) by adding the following definition:
"official agent" means an official agent appointed under section 81 (1) (a) [appointment of candidate representatives] to represent a candidate; , and
(l) by repealing the definition of "voting opportunity" and substituting the following:
"voting opportunity" means an opportunity referred to in section 94 for some or all electors of an election area to vote in an election for the election area; .
22 Section 36 (1) is repealed and the following substituted:
(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 2014 and in every 4th year after that.
23 Section 37 is amended
(a) in subsection (1) by adding the following paragraph:
(f) the office becomes vacant under
(i) section 64 (2) [candidate disqualification penalties for failure to disclose], or
(ii) section 65 (1) (a) [candidate disqualification penalties for false or misleading disclosure],
of the Local Elections Campaign Financing Act. , and
(b) in subsection (4) by striking out "As soon as reasonably possible" and substituting "As soon as practicable".
24 Section 40 (5), (6) and (7) is repealed and the following substituted:
(5) An election to which an agreement referred to in subsection (4) applies is valid despite the agreement and any bylaws in relation to it having the effect of creating differences in election proceedings between different parts of the election area for which an election is held.
(6) Without limiting subsection (4), an agreement referred to in that subsection may allow a local government to restrict the persons who may vote at the election proceedings conducted under the agreement to persons who are entitled to be registered as electors in relation to a specified part of the election area for which the election is held.
(7) If a restriction under subsection (6) applies, on any day on which an advance voting opportunity conducted under the agreement is open to electors of only part of the election area for which the election is held, an advance voting opportunity must be open to all electors of that election area on the same day.
25 Section 41 (8) (a) and (b) is repealed and the following substituted:
(a) will faithfully and impartially exercise the powers and perform the duties of the position to which the election official is appointed,
(b) has not received and will not accept any inducement to exercise the powers or perform the duties of the position otherwise than impartially and in accordance with this Act or to otherwise subvert the election, .
26 Section 42 is repealed and the following substituted:
42 (1) In addition to all other duties established by this Part and the Local Elections Campaign Financing Act, 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, the Local Elections Campaign Financing Act and any bylaws and regulations under this Part or that Act.
(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) 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;
(c) take solemn declarations where these are required under this Part or the Local Elections Campaign Financing Act;
(d) delegate to other election officials the chief election officer's duties and powers under this Part or the Local Elections Campaign Financing Act, subject to any restrictions or conditions specified by the chief election officer;
(e) apply to the minister for an order under section 155 [ministerial orders in special circumstances] of this Act or section 99 [ministerial orders in special circumstances] of the Local Elections Campaign Financing Act.
27 Section 49 is amended
(a) in subsection (1) by striking out "jurisdiction" in both places and substituting "municipality or electoral area",
(b) in subsection (1) (a) by striking out "51 (1) (a) to (f)" and substituting "51 (1) (a) to (g)", and
(c) by repealing subsection (2) (c).
28 Section 50 is repealed and the following substituted:
50 (1) In order to be registered as a resident elector of a municipality or electoral area, a person must meet all the following requirements on the day of registration:
(a) the person must be
(i) an individual who is 18 years of age or older on the day of registration, or
(ii) if an election is in progress for the municipality or electoral area, an individual who will be 18 years of age or older on general voting day for the election;
(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 52, for at least 6 months immediately before the day of registration;
(d) the person must have been a resident of the municipality or electoral area, as determined in accordance with section 52, for at least 30 days immediately before the day of registration;
(e) the person must not be disqualified under this or any other enactment from voting in an election or be otherwise disqualified by law.
(2) If the boundaries of a municipality or electoral area are extended or a new municipality is incorporated, 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 52, of the area that is included in the municipality or electoral area or becomes the new municipality.
29 Section 51 (1) to (3) is repealed and the following substituted:
(1) In order to be registered as a non-resident property elector of a municipality or electoral area, 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 municipality or electoral area;
(b) the person must be
(i) an individual who is 18 years of age or older on the day of registration, or
(ii) if an election is in progress for the municipality or electoral area, an individual who will be 18 years of age or older on general voting day for the election;
(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 52, for at least 6 months immediately before the day of registration;
(e) the person must have been a registered owner of real property in the municipality or electoral area for at least 30 days immediately before the day of registration;
(f) the only persons who are registered owners of the real property, either as joint tenants or tenants in common, are individuals who are not holding the property in trust for a corporation or another trust;
(g) the person must not be disqualified under 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 non-resident property elector in relation to one parcel of real property in a municipality or electoral area.
(3) If the boundaries of a municipality or electoral area are extended or if a new municipality is incorporated, 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 non-resident property elector, the person has been a registered owner of property within the area that is included in the municipality or electoral area or becomes the new municipality.
30 Section 53 (2) is repealed and the following substituted:
(2) If a bylaw under section 59 [automatic registration by inclusion on provincial list of voters] is in effect for a municipality or electoral area, a person entitled to register as a resident elector of the municipality or electoral area 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 municipality or electoral area.
31 Section 55 (3) is amended by striking out "the jurisdiction." and substituting "the municipality or electoral area."
32 Section 56 (1) is amended by striking out "a jurisdiction" and substituting "a municipality or electoral area".
33 Section 59 (3) is amended by striking out "the jurisdiction" in both places and substituting "the municipality or electoral area".
34 Section 60 (1) is amended by striking out "the jurisdiction" and substituting "the municipality or electoral area".
35 Section 61 is amended
(a) by repealing subsection (1) and substituting the following:
(1) Subject to section 59, if advance registration is available for a municipality or electoral area, a register of electors for the municipality or electoral area must be maintained. ,
(b) in subsection (3) by striking out "each jurisdiction" and substituting "the municipality or electoral area", and
(c) in subsection (5) by striking out "the jurisdiction" wherever it appears and substituting "the municipality or electoral area".
36 Section 62 is amended
(a) by repealing subsection (1) and substituting the following:
(1) If a register of electors is required under section 61, the designated local government officer must prepare a list of registered electors for the municipality or electoral area, to be used for the purposes of administering an election. , and
(b) in subsection (8) (b) by striking out "the jurisdiction" and substituting "the municipality or regional district".
37 Section 64 (3) and (4) is amended by striking out "the jurisdiction" and substituting "the municipality or electoral area".
38 Section 66 is amended
(a) in subsection (1) by striking out "as a member of" and substituting "on",
(b) in subsection (1) (a) by striking out "age 18 or older;" and substituting "18 years of age or older;",
(c) by repealing subsection (1) (d) and substituting the following:
(d) the person must not be disqualified under this Act or any other enactment from being nominated for, being elected to or holding the office, or be otherwise disqualified by law. ,
(d) in subsection (2) by striking out "as a member of" and substituting "on", and
(e) by repealing subsection (2) (c) to (e) and substituting the following:
(c) a person who is disqualified under any of the following provisions of this Act, including as the provisions apply under section 6 (6) [application to trustees] of the Islands Trust Act:
(i) section 210 (4) [failure to make oath or affirmation of office];
(ii) section 222.1 (6) [unexcused absence from board meetings];
(d) a person who is disqualified under any of the following provisions of the Community Charter:
(i) Division 6 [Conflict of Interest] of Part 4 [Public Participation and Council Accountability], including as it applies under section 787.1 (1) [application to regional district directors] of this Act and under section 6 (7) [application to trustees] of the Islands Trust Act;
(ii) section 120 (1.1) [failure to make oath of office];
(iii) section 125 (5) [unexcused absence from council meetings];
(iv) section 191 (3) [unauthorized expenditures];
(e) a person who is disqualified under any of the provisions referred to in paragraph (c) or (d) as the provision applies under another enactment;
(f) a person who is disqualified from holding office on the council of the City of Vancouver under any of the provisions of the Vancouver Charter referred to in section 38 (2) (c) or (d) [disqualifications from holding office] of that Act;
(g) a person who is disqualified from holding office under
(i) Division 17 [Election Offences] of this Part as it applies to elections or voting under this Act or any other Act, or
(ii) Division (17) of Part I of the Vancouver Charter as it applies to elections or voting under that Act or any other Act;
(h) a person who is disqualified under the Local Elections Campaign Financing Act from holding office on a local authority;
(i) a person who is disqualified under any other enactment.
39 The heading to Division 6 of Part 3 is repealed and the following substituted:
Division 6 — Nomination of Candidates .
40 Section 71 is amended
(a) by repealing subsection (1) (a) and substituting the following:
(a) by at least 2 qualified nominators of the municipality or electoral area for which the nomination is made, or ,
(b) by repealing subsection (2) and substituting the following:
(2) A local government may, by bylaw, set the minimum number of qualified nominators as follows:
(a) in relation to a municipality or electoral area that has a population of 5 000 or more, the minimum number of qualified nominators may be set at either 10 or 25;
(b) in relation to a municipality or electoral area that has a population of less than 5 000, the minimum number of qualified nominators may be set at 10. , and
(c) by repealing subsection (3) (a) and substituting the following:
(a) must be an elector of the municipality or electoral area for which the nomination is made, and .
41 Section 72 is repealed and the following substituted:
72 (1) A nomination for local government office must be in writing 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) the residential address of the person nominated, and the mailing address if this is different;
(e) the names and residential addresses of the nominators and, if a nominator is a non-resident property elector, the address of the property in relation to which the nominator is such an elector;
(f) a statement signed by the nominators that, to the best of their knowledge, the person nominated is qualified under section 66 [who may hold office on a local government] to be nominated.
(2) For a nomination to be accepted for filing, a nomination must be accompanied by the following:
(a) a statement signed by the person nominated consenting to the nomination;
(b) a solemn declaration in accordance with subsection (3) of the person nominated, either made in advance or taken by the chief election officer at the time the nomination documents are delivered;
(c) as applicable, a signed declaration of the person nominated
(i) that the person is acting as his or her own financial agent, or
(ii) identifying the person who is appointed under the Local Elections Campaign Financing Act to act as financial agent for the person nominated;
(d) the written disclosure required by section 2 (1) of the Financial Disclosure Act.
(3) For the purposes of subsection (2) (b), the person nominated must make a solemn declaration
(a) that he or she is qualified under section 66 [who may hold office on a local government] to be nominated for the office,
(b) that, to the best of the person's knowledge and belief, the information provided in the nomination documents is true,
(c) that the person fully intends to accept the office if elected, and
(d) that the person
(i) is aware of the Local Elections Campaign Financing Act,
(ii) understands the requirements and restrictions that apply to the person under that Act, and
(iii) intends to fully comply with those requirements and restrictions.
(4) A person must not consent to be nominated knowing that he or she is not qualified to be nominated.
42 Section 72.1 (3) is repealed and the following substituted:
(3) A nomination deposit must be held by the chief election officer to be dealt with as follows:
(a) if the person nominated is not declared to be a candidate under section 74 [declaration of candidates], the deposit is to be returned to the person or to the financial agent for the person;
(b) in the case of a person declared to be a candidate, if the candidate disclosure statement required under the Local Elections Campaign Financing Act for the person is filed in accordance with section 47 (1) [time limit for filing on time] of that Act, the deposit is to be returned to the person or the financial agent for the person;
(c) in the case of a person declared to be a candidate, the deposit is to be returned to the person or the financial agent for the person if the required candidate disclosure statement is not filed as referred to in paragraph (b), but
(i) an application for relief in relation to the disclosure statement is made under Division 2 [Court Orders for Relief in Relation to Disclosure Requirements] of Part 6 of the Local Elections Campaign Financing Act,
(ii) the court provides relief in relation to forfeiture of the deposit, and
(iii) if applicable, there is compliance with the court order;
(d) in other cases, the deposit is forfeited and is to be paid to the local government.
43 Section 73 is amended
(a) by repealing subsections (4) to (5.1) and substituting the following:
(4) Nomination documents may be delivered
(a) by hand, by mail or by other delivery service, or
(b) by fax or email, with originals to follow.
(5) If the originals of nomination documents delivered by fax or email are not received by the chief election officer before 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.
(5.1) After receiving nomination documents, the chief election officer must review the list under section 60 [Elections BC to maintain disqualification lists] of the Local Elections Campaign Financing Act to determine whether an application must be made under section 73.2 (5) [challenge required if candidate appears to be disqualified] of this Act. , and
(b) by repealing subsection (8) and substituting the following:
(8) A person who inspects or otherwise accesses nomination documents under this section must not use the information included in them except for the purposes of this Act or purposes authorized by section 63 [restrictions on use of personal information] of the Local Elections Campaign Financing Act.
44 The following sections are added to Division 6 of Part 3:
73.1 (1) A person who is nominated for local government office must, before the end of the nomination period, provide the following to the chief election officer:
(a) a telephone number at which the person may be contacted;
(b) an email address at which the person may be contacted, unless the person does not have such an address;
(c) an address for service at which notices and other communications under this Act or other local elections legislation will be accepted as served on or otherwise delivered to the person;
(d) as applicable,
(i) a statement that the person is acting as his or her own financial agent, or
(ii) the information and material required under section 17 (5) [candidate financial agent -appointment documents] of the Local Elections Campaign Financing Act;
(e) any other information or material required by regulation under section 156 [election regulations].
(2) If the information and material required under subsection (1) are not received by the chief election officer before the end of the nomination period, the person nominated is deemed to have withdrawn from being a candidate in the election.
(3) If there is any change in the information or related material required to be provided under subsection (1), the person nominated must provide updated information and material as follows:
(a) to the chief election officer if the change occurs before the declaration of the results of the election;
(b) to the BC chief electoral officer if the change occurs after the declaration of those results.
73.2 (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) a person who is an elector of the municipality or electoral area for which the election is being held,
(b) another nominee in the same election, or
(c) the chief election officer.
(4) A challenge may only be made 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.
(5) The chief election officer must commence a challenge under this section if, on a review under section 73 (5.1) [review of disqualification list], it appears to the chief election officer that a person is disqualified from being nominated.
(6) 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.
(7) 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 (9).
(8) The person making a challenge must
(a) immediately give notice of the challenge to the chief election officer and the person whose nomination is challenged, and
(b) within 24 hours of filing the document commencing the application, serve on these persons that document, the accompanying affidavit and a notice of the time set for the hearing.
(9) 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, or
(b) declaring that the person is or is not entitled to have the usual name indicated in the nomination documents used on the ballot.
(10) The court may order that the costs of a challenge, within the meaning of the Supreme Court Civil Rules, be paid in accordance with the order of the court.
(11) The decision of the court on a challenge under this section is final and may not be appealed.
45 The following Division is added to Part 3:
Division 6.1 — Candidate Endorsement by Elector Organization
73.3 (1) Subject to this section, an incorporated or unincorporated organization may endorse a candidate in an election and have that endorsement included on the ballot for the election if
(a) the organization makes the endorsement in accordance with section 73.4 [endorsement documents],
(b) the candidate consents to the endorsement, and
(c) the organization complies with section 73.5 (1) [other information to be provided by elector organization].
(2) To be qualified to endorse a candidate, an organization
(a) must have a membership that, at the time the solemn declaration under section 73.4 (1) (c) is made, includes at least 50 electors of the municipality or regional district for which the election is being held, and
(b) must not be disqualified under this Act, the Local Elections Campaign Financing Act or any other Act from endorsing a candidate.
(3) An organization must not endorse more candidates in an election for a particular office than there are positions to be filled for that office.
(4) A candidate must not consent to endorsement by more than one organization in relation to the same election for the same office.
73.4 (1) An organization must file the following with the chief election officer before the end of the nomination period in order to endorse a candidate:
(a) a statement of the following:
(i) the full name of the candidate to be endorsed by the elector organization and, if applicable, the usual name that is to be used on the ballot;
(ii) the legal name of the organization, if applicable;
(iii) the usual name of the organization, if this is different from its legal name or if it has no legal name;
(iv) any abbreviations, acronyms and other names used by the elector organization;
(v) subject to the restrictions in subsection (3), which name, abbreviation or acronym the elector organization wishes to have included on the ballot;
(vi) the mailing address for the organization;
(b) written consent of the candidate to the endorsement;
(c) a solemn declaration of the authorized principal official of the organization in accordance with subsection (2) and any applicable regulations;
(d) any other information or material required to be provided by regulation under section 156 [election regulations].
(2) For the purposes of subsection (1) (c), the authorized principal official of the organization must make a solemn declaration that, to the best of the knowledge and belief of the official, the organization
(a) has a membership of at least 50 electors of the municipality or regional district for which the election is being held,
(b) is not disqualified from endorsing a candidate,
(c) is aware of the Local Elections Campaign Financing Act,
(d) understands the requirements and restrictions that apply to the organization under the Local Elections Campaign Financing Act,
(e) intends to fully comply with the requirements and restrictions referred to in paragraph (d), and
(f) has authorized the official to make the solemn declaration.
(3) The name, abbreviation or acronym referred to in subsection (1) (a) (v) must not
(a) include any matter that is prohibited by section 105 [what must and must not be included on a ballot] 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 at an election after that general local election, as to be confusing to the electors.
(4) If an organization is filing endorsement documents
(a) for more than one candidate in the same election, or
(b) in multiple elections being held at the same time for the same jurisdiction,
a solemn declaration under subsection (1) (c) may be made in relation to any or all of those candidates.
(5) After receiving endorsement documents, the chief election officer must review the list under section 60 [Elections BC to maintain disqualification lists] of the Local Elections Campaign Financing Act to determine whether an application must be made under section 73.7 (5) [challenge required if organization appears to be disqualified] of this Act.
(6) Section 73 (6) to (8) [public access to nomination documents] applies in relation to endorsement documents.
73.5 (1) For endorsement documents to be accepted for filing, the organization must provide the following to the chief election officer before the end of the nomination period:
(a) a telephone number at which the organization can be contacted;
(b) an email address at which the organization can be contacted, unless the organization does not have such an address;
(c) an address for service at which notices and other communications under this Act or other local elections legislation will be accepted as served on or otherwise delivered to the organization;
(d) the information and material required under section 19 (4) [elector organization information respecting financial agent] of the Local Elections Campaign Financing Act;
(e) the information and material required under section 21 [responsible principal officials and authorized principal official of elector organization] of the Local Elections Campaign Financing Act;
(f) any other information or material required to be included by regulation under section 156 [election regulations] of this Act.
(2) If there is any change in the information or material required to be provided under subsection (1), an elector organization must provide updated information or material as follows:
(a) to the chief election officer if the change happens before the end of general voting day for the applicable election;
(b) to the BC chief electoral officer if the change happens after that general voting day.
73.6 An elector organization endorsement must not appear on a ballot if, before 4 p.m. on the 29th day before general voting day,
(a) the candidate withdraws his or her consent to have the elector organization endorsement appear on the ballot by delivering a signed withdrawal to the chief election officer by that time, or
(b) the elector organization withdraws its endorsement of the candidate by delivering to the chief election officer by that time a written withdrawal signed by the authorized principal official of the elector organization.
73.7 (1) The endorsement of a candidate under this Division 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 filing of the endorsement documents in accordance with section 73.4 and 4 p.m. on the 4th day after the end of the nomination period.
(3) A challenge may be made only by
(a) a person who is an elector of the municipality or electoral area for which the election is being held,
(b) a person nominated as a candidate in the same election as the election in relation to which the endorsement documents were filed or in another election being held at the same time for the same municipality or electoral area, or
(c) the chief election officer.
(4) A challenge may only be made on one or more of the following bases:
(a) that the organization is not qualified to be an elector organization under section 73.3 [candidate endorsement by elector organization];
(b) that the endorsement was not made in accordance with section 73.4 [endorsement documents];
(c) that section 73.3 (3) or (4) [limits on candidates to be endorsed and limits on consenting to endorsement] was contravened.
(5) The chief election officer must commence a challenge under this section if, on a review under section 73.4 (5) [review of disqualification list], it appears to the chief election officer that the organization named in the endorsement documents is not qualified to endorse a candidate.
(6) Section 73.2 (6), (7), (10) and (11) [challenge of nomination] applies in relation to a challenge under this section.
(7) The person making a challenge must
(a) immediately give notice of the challenge to the chief election officer, the organization whose endorsement is being challenged and the candidates endorsed by that organization, and
(b) within 24 hours of filing the document commencing the challenge, serve on these persons that document, the accompanying affidavit and a notice of the time set 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) declaring that the organization has not endorsed a candidate, or
(b) declaring that the organization named in the endorsement documents is or is not qualified to endorse a candidate.
46 The following heading is added before section 74:
Division 6.2 — Declaration of Candidates .
47 Section 75 is repealed.
48 Section 76 (1) is repealed and the following substituted:
(1) At 4 p.m. on the Monday following the last day for determining a challenge under section 73.2 [challenge of nomination], the chief election officer must declare the election in accordance with this section.
49 Section 77 (5) and (6) is amended by striking out "the jurisdiction" and substituting "the municipality or electoral area".
50 Section 79 is repealed.
51 Section 80 (3) is amended by striking out "as soon as reasonably possible" and substituting "as soon as practicable".
52 Section 81 (2) (c) is amended by striking out "as soon as reasonably possible" and substituting "as soon as practicable".
53 Division 8 [Campaign Financing] of Part 3 is repealed.
54 Section 94 (d) is amended by striking out "jurisdiction." and substituting "election."
55 Section 95 (1) is repealed and the following substituted:
(1) As soon as practicable after the declaration of an election by voting, the chief election officer must designate voting places for general voting day.
56 Section 97 is amended
(a) by repealing subsection (3) and substituting the following:
(3) As an exception to subsection (2) in relation to a municipality or electoral area 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 municipality or electoral area. , and
(b) by repealing subsection (5) and substituting the following:
(5) As soon as practicable after the declaration of an election by voting, the chief election officer must designate voting places for the required advance voting opportunities.
57 Section 99 (5) is repealed and the following substituted:
(5) A special voting opportunity may be conducted at a location outside the boundaries of the municipality or electoral area for which the election is being held.
58 Section 100 (3) (b) is repealed and the following substituted:
(b) if, for this purpose, a bylaw under subsection (1) specifies an area on the basis that it is remote from the voting places at which persons who reside in the specified area are entitled to vote, persons who reside in that specified area, and .
59 Section 101 (2) and (3) is repealed and the following substituted:
(2) A voting place for a required general voting opportunity must not be outside the boundaries of the municipality or electoral area for which the election is being held 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 municipality or electoral area.
(3) A voting place for an additional general voting opportunity or for an advance voting opportunity may be outside the boundaries of the municipality or electoral area for which the election is being held.
60 Section 105 is amended
(a) by repealing subsection (1) (d) and substituting the following:
(d) if applicable, the name, abbreviation or acronym of the endorsing elector organization for a candidate, as shown on the endorsement documents for the candidate. , and
(b) by repealing subsection (2) and substituting the following:
(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 the authorized principal 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.
61 Section 116 is amended
(a) by repealing subsection (2) (a) and substituting the following:
(a) only in person by an election official, a candidate representative or an elector of the municipality or electoral area for which the election is being held, and , and
(b) in subsection (4) by striking out "jurisdiction" in both places and substituting "municipality or electoral area".
62 Section 123 (1) is repealed and the following substituted:
(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 practicable after this time.
63 Section 138 (4) (a) is repealed and the following substituted:
(a) an elector of the municipality or electoral area for which the election was held, .
64 Section 142 (4) is amended by striking out "As soon as possible" and substituting "As soon as practicable".
65 Section 143 is amended
(a) by repealing subsection (4) and substituting the following:
(4) An application may be made only by a candidate in the election, the chief election officer or at least 4 electors of the municipality or electoral area for which the election was held. , and
(b) by repealing subsection (8) and substituting the following:
(8) As soon as practicable, 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 municipality or regional district for which the election was held.
66 Section 144 (1) is repealed and the following substituted:
(1) The Supreme Court must hear and determine an application under section 143 as soon as practicable and, for these purposes, must ensure that the proceedings are conducted as expeditiously as possible.
67 Section 150 is amended
(a) by repealing subsection (1) (b) and substituting the following:
(b) is responsible for retaining the nomination documents and endorsement documents for the election, other than the written disclosure under the Financial Disclosure Act, and , and
(b) in subsection (6) by striking out "destroyed as soon as possible" and substituting "destroyed as soon as practicable".
68 Section 152.1 is repealed.
69 Section 153 is amended
(a) by repealing subsection (1) and substituting the following:
(1) In relation to nominations, a person must not do any of the following:
(a) contravene section 72 (4) [unqualified candidate consenting to nomination];
(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;
(c) before or after an election, purport to withdraw the endorsement of a candidate by an elector organization except as provided in section 73.6 (b) [withdrawal of endorsement on ballot]. ,
(b) by repealing subsection (4) and substituting the following:
(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) display, distribute, post or openly leave a representation of a ballot marked for a particular result in the voting;
(c) post, display or distribute
(i) election advertising, or
(ii) any material that identifies a candidate or elector organization, unless this is done with the authorization of the chief election officer;
(d) carry, wear or supply a flag, badge or other thing indicating that the person using it is a supporter of a particular candidate, elector organization or result in the voting. ,
(c) by repealing subsection (5), and
(d) by repealing subsection (6) (e) and substituting the following:
(e) interfere with, hinder or obstruct an election official or other person in the exercise or performance of his or her powers, duties or functions under this Part or the Local Elections Campaign Financing Act.
70 The following section is added:
153.2 The time limit for laying an information to commence a prosecution respecting an offence under this Part is one year after the date on which the act or omission that is alleged to constitute the offence occurred.
71 Section 154 is amended
(a) by repealing subsection (1) (c) and (d) and substituting the following:
(c) disqualification from holding office in accordance with subsection (1.1) for a period of not longer than 7 years. ,
(b) by adding the following subsection:
(1.1) Disqualification under subsection (1) (c) is disqualification from holding office as follows:
(a) on a local government;
(b) on the council of the City of Vancouver or on the Park Board established under section 485 of the Vancouver Charter;
(c) as a trustee under the Islands Trust Act;
(d) as a trustee on a board of education, or as a regional trustee on a francophone education authority, under the School Act. , and
(c) by repealing subsection (2) and substituting the following:
(2) A person or unincorporated organization who contravenes section 153 is guilty of an offence and is liable to one or both of the following penalties:
(a) a fine of not more than $5 000;
(b) imprisonment for a term not longer than one year.
72 Section 155 is repealed and the following substituted:
155 (1) If the minister considers that special circumstances regarding an election or assent voting require this, the minister may make any order the minister considers appropriate to achieve the purposes of this Part or Part 4 [Assent Voting].
(2) Without limiting subsection (1), an order under this section may provide an exception to or modification of
(a) this Act or a bylaw or regulation under this Act, or
(b) the Local Elections Campaign Financing Act or a regulation under that Act,
including extending a time period or establishing a new date in place of a date set under this Act or the Local Elections Campaign Financing Act and giving any other directions the minister considers appropriate in relation to this.
73 Section 156 (2) (d) to (e.1) is repealed and the following substituted:
(d) prescribing additional information or material required to be provided under section 73.1 (1) (e) [other information to be provided by candidate];
(e) prescribing matters that must be included in the solemn declaration under section 73.4 (1) (c) [endorsement documents];
(e.1) prescribing additional information or material required to be provided under section 73.4 (1) (d) [other information to be provided in endorsement documents] or 73.5 (1) (f) [other information to be provided by elector organization]; .
74 The heading to Part 4 is repealed and the following substituted:
Part 4 — Assent Voting .
75 Section 157 is repealed and the following substituted:
157 The definitions in Part 3 apply to this Part and, in addition, in this Part:
"assent voting" means voting conducted for a municipality or regional district on a matter referred to in section 158;
"voting area" means an area for which the applicable assent voting is to be conducted.
76 Section 158 (2) and (3) is repealed and the following substituted:
(2) Except as otherwise provided, Part 3 [Electors and Elections] applies in relation to
(a) voting referred to in subsection (1) as if the assent voting for the voting area were an election for an election area, and
(b) non-election assent voting advertising as if it were election advertising.
(3) For certainty, Division 17 [Election Offences] of Part 3 applies in relation to assent voting.
77 The heading to Division 3 of Part 4 is repealed and the following substituted:
Division 3 — Proceedings for Assent Voting .
78 Section 161 is amended
(a) in subsection (2) by striking out "jurisdiction" in both places and substituting "municipality or electoral area", and
(b) by repealing subsection (5) and substituting the following:
(5) If assent voting is not being held at the same time as an election for a municipality or electoral area in which the assent voting is to be conducted and advance registration for the municipality or electoral area is available under section 56,
(a) the chief election officer must establish a date after which registration as an elector of the municipality or electoral area will not entitle the person to vote at the assent voting and the person must instead register under subsection (2) (b) of this section in order to vote, and
(b) sections 62 (3), (6) and (7) [list of registered electors], 64 [objection to registration of an elector] and 65 [resolving objections] do not apply to the municipality or electoral area in relation to the other voting.
79 Section 163 is amended
(a) by repealing subsection (3) and substituting the following:
(3) Voting opportunities in a voting area for assent voting must be the same as those for an election being held at the same time as the assent voting if
(a) the municipality or regional district for which the election is being held is conducting the assent voting for the voting area, and
(b) the voting area for the assent voting is all or part of the election area for the election. , and
(b) by repealing subsection (4) (d) and substituting the following:
(d) the assent voting is not being held at the same time as an election for the electoral area.
80 Section 164 is amended
(a) in subsection (2) (a) by striking out "jurisdiction" and substituting "municipality or regional district", and
(b) in subsection (6) (a) by striking out "jurisdiction" and substituting "municipality or regional district".
81 Section 170 (4) is amended by striking out "jurisdiction" and substituting "municipality or regional district".
82 Divisions 3 and 4 of Part 4 are amended by striking out "other voting" wherever it appears and substituting "assent voting".
83 Section 210 is repealed and the following substituted:
210 (1) A person elected or appointed to office on a board must make an oath or solemn affirmation of office within the following applicable time limit:
(a) in the case of an electoral area director elected by acclamation, within 50 days after the date set for general voting day had an election by voting been required;
(b) in the case of an electoral area director elected by voting, within 45 days after the declaration of the results of the election;
(c) in the case of a person appointed to an electoral area under section 78 [appointment if an insufficient number of candidates are elected], within 45 days after the effective date of the appointment;
(d) in the case of a person appointed as municipal director, within 45 days after the effective date of the appointment;
(e) in the case of a person appointed as an alternate director, within 45 days after the effective date of the appointment or the first board meeting or board committee meeting at which the person acts in that capacity, whichever is latest.
(2) A person required to make an oath or solemn affirmation of office under subsection (1)
(a) must make the oath or solemn affirmation before a judge of the Court of Appeal, Supreme Court or Provincial Court, a justice of the peace, a commissioner for taking affidavits for British Columbia, the regional district corporate officer or the chief election officer, and
(b) must obtain the completed oath or solemn affirmation, or a certificate of it, from the person administering the oath or affirmation.
(3) A person takes office on a board
(a) at the time the term of office begins if, at this time, the person produces or has produced the completed oath or solemn affirmation of office, or the certificate of it, to the regional district corporate officer, or
(b) at any later time that the person produces the completed oath or solemn affirmation of office, or the certificate of it, to that officer.
(4) If a person, other than a person appointed as an alternate director, does not make the required oath or solemn affirmation of office within the time limit established by subsection (1), the person is disqualified from holding office
(a) on a local government,
(b) on the council of the City of Vancouver or on the Park Board established under section 485 of the Vancouver Charter, or
(c) as a trustee under the Islands Trust Act
until the next general local election.
(5) A board may, by bylaw, establish an oath or solemn affirmation of office for the purposes of this section, which may be different for different types of office.
(6) If no bylaw under subsection (5) applies, the oath or solemn affirmation of office to be made is that prescribed by regulation.
(7) A person taking office on a board may also make an oath of allegiance.
(8) Once a board member 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.
84 Section 222.1 is amended by adding the following subsections:
(6) Subject to subsection (8), if a board member is absent from board meetings for
(a) a period of 60 consecutive days, or
(b) 4 consecutive regularly scheduled board meetings,
whichever is the longer time period, the board member is disqualified from holding office in accordance with subsection (7).
(7) Disqualification under subsection (6) is disqualification from holding office
(a) on a local government,
(b) on the council of the City of Vancouver or on the Park Board established under section 485 of the Vancouver Charter, or
(c) as a trustee under the Islands Trust Act
until the next general local election.
(8) The disqualification under subsection (6) does not apply if the absence is because of illness or injury or is with the leave of the board.
85 Section 312 (3) is amended by striking out "as soon as reasonably possible" and substituting "as soon as practicable".
86 Section 363 (2) (f) is repealed and the following substituted:
(f) establish fees for obtaining copies of records that are available for public inspection.
87 Section 787.1 (3) is repealed.
88 Section 795.1 (2) is amended
(a) by repealing paragraph (a) (iii) and substituting the following:
(iii) Division 4.5 [Dispute Resolution in Relation to Services] of this Part [Regional Districts]. , and
(b) by repealing paragraph (b).
89 Section 795.43 (4) (b) is repealed and the following substituted:
(b) individuals referred to in subsection (2) or in an order under subsection (3) must be qualified to register as a resident elector or non-resident property elector of that applicable electoral area.
90 Section 838 is amended
(a) by repealing subsection (5) (d) (i) and substituting the following:
(i) that elections for commissioners are to be held every 4 years at the time of the general local election, or , and
(b) by repealing subsection (10) (a) and substituting the following:
(a) 4 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 4 years, or .
91 Section 855 (2) is amended by striking out "as soon as possible" and substituting "as soon as practicable".
92 Section 998 (1) is amended by striking out "As soon as possible" and substituting "As soon as practicable".
School Act
93 Section 1 (1) of the School Act, R.S.B.C. 1996, c. 412, is amended by adding the following definition:
"election area" means the trustee electoral area or other area for which an election under this Act or other local elections legislation is held; .
94 Section 32 (1) (d) is repealed and the following substituted:
(d) the person must not be disqualified under this Act or any other enactment from being nominated for, being elected to or holding office as a trustee, or be otherwise disqualified by law.
95 Section 33 (b) and (c) is repealed and the following substituted:
(b) a person who is disqualified under
(i) section 52 (1) [failure to make oath or affirmation of office], or
(ii) section 52 (2) [unexcused absence from board meetings];
(b.1) a person who is disqualified under the Local Elections Campaign Financing Act from holding office on a local authority;
(c) a person who is disqualified from holding office under
(i) Division 17 [Election Offences] of Part 3 of the Local Government Act as it applies under this Act, that Act or any other Act, or
(ii) Division (17) of Part I of the Vancouver Charter, as it applies under this Act, that Act or any other Act; .
96 Section 35 (1) is repealed and the following substituted:
(1) Elections of all trustees, to be known collectively as a general school election, must be held in the year 2014 and in every 4th year after that.
97 Section 36 (1) (c.1) is repealed and the following substituted:
(c.1) the office becomes vacant under section 64 (2) [candidate disqualification penalties for failure to disclose] or 65 (1) (a) [candidate disqualification penalties for false or misleading disclosure] of the Local Elections Campaign Financing Act; .
98 Section 38 is amended
(a) in subsection (1) by striking out "other voting" and substituting "assent voting",
(b) in subsection (7) by striking out "jurisdiction" and substituting "area", and
(c) in subsection (8) by striking out "jurisdiction" and substituting "other area".
99 Section 39 (2) (c) is repealed.
100 Section 40 (1) is amended
(a) by striking out "resident elector of a trustee election," and substituting "resident elector of a trustee electoral area,", and
(b) in paragraph (a) by striking out "age 18 or older;" and substituting "18 years of age or older;".
101 Section 43 is amended
(a) in subsection (5) (b) by striking out "jurisdiction" in both places and substituting "election area", and
(b) in subsection (6) (c) by striking out "jurisdiction" in both places and substituting "election area".
102 Section 45 is amended
(a) by repealing subsection (2) (b) and (d) and substituting the following:
(b) a reference to a municipality or electoral area is to be read as a reference to a trustee electoral area;
(d) a reference to the minister charged with the administration of that Act is to be read as a reference to the minister responsible for this Act. ,
(b) by repealing subsection (4) (d) and substituting the following:
(d) a reference to the minister charged with the administration of that Act is to be read as a reference to the minister responsible for this Act. , and
(c) by repealing subsection (9) and substituting the following:
(9) As restrictions on subsection (8), a bylaw under that subsection may not provide that a local government bylaw under any of the following provisions applies to a trustee election:
(a) in relation to the Local Government Act,
(i) section 71 (2) [minimum number of nominators],
(ii) section 72.1 [nomination deposits],
(iii) section 107 [order of names on ballot determined by lot], and
(iv) section 141 [determination of election results by lot];
(b) in relation to the Vancouver Charter,
(i) section 43 (2) [minimum number of nominators],
(ii) section 44.1 [nomination deposits],
(iii) section 79 [order of names on ballot determined by lot], and
(iv) section 113 [determination of election results by lot].
103 Section 46 (4) is repealed and the following substituted:
(4) In relation to a trustee election referred to in subsection (1), the municipal council does not have authority to adopt a bylaw under a provision of the Local Government Act or Vancouver Charter referred to in section 45 (9), but, instead, the board may adopt bylaws under those sections for the trustee election.
104 The following section is added:
46.1 In order to endorse a candidate in a trustee election, an organization must have a membership that includes at least 50 electors of the school district at the time that the solemn declaration under section 73.4 (2) [process for candidate endorsement by elector organization] of the Local Government Act or section 45.4 (2) of the Vancouver Charter, as applicable, is made.
105 Section 48 is repealed and the following substituted:
48 (1) For certainty, Division 17 [Election Offences] of Part 3 of the Local Government Act and Division (17) [Election Offences] of Part I of the Vancouver Charter apply in relation to the application of those Parts to trustee elections.
(2) In addition to the offences applicable as referred to in subsection (1), a person who contravenes section 39 (5) or 166.14 (7) of this Act commits an offence and is liable to the penalties provided in section 154 (2) of the Local Government Act.
(3) Sections 153.1 [prosecution of organizations and their directors and agents] and 153.2 [time limit for starting prosecution] of the Local Government Act apply in relation to offences under this section.
106 Section 52 (3) is repealed and the following substituted:
(3) If a person elected as a trustee is disqualified from holding office as referred to in section 33 (c), the office to which the person was elected is deemed to be vacant.
107 Section 138 (1) (d) is repealed and the following substituted:
(d) governing the conduct of a vote under section 112, including, without limiting this, making
(i) Part 4 [Assent Voting] of the Local Government Act or, in the case of School District No. 39 (Vancouver), Part II [Assent Voting] of the Vancouver Charter, and
(ii) provisions of the Local Elections Campaign Financing Act in relation to assent voting,
apply to the extent the Lieutenant Governor in Council considers necessary, and .
108 Section 166.14 (3) (c) is repealed.
109 Section 166.18 (1) is repealed and the following substituted:
(1) A general election of regional trustees of a francophone education authority must be conducted in accordance with the regulations and held in the year 2014 and in every 4th year after that.
110 Section 175 (9) (a) is repealed and the following substituted:
(a) adopt by reference any of the provisions of this Act, the Local Government Act or the Local Elections Campaign Financing Act respecting the election of school trustees, with any modifications necessary to adapt those provisions to the purposes of Part 8.1, and .
The Cultus Lake Park Act
111 Section 7 of The Cultus Lake Park Act, S.B.C. 1932, c. 63, is amended by striking out "Local Government Act," and substituting "Community Charter,".
Vancouver Charter
112 Section 2 of the Vancouver Charter, S.B.C. 1953, c. 55, is amended by adding the following definitions:
"assent voting" means assent voting under Part II [Assent Voting];
"local government" means
(a) the council of a municipality, including the Council of the city, and
(b) the board of a regional district;
"Park Board" means the Park Board established under section 485; .
113 Section 2.1 (1) is amended by striking out the following item:
section 92.3 [disqualification list]; .
114 Section 7 is amended
(a) by repealing the definition of "candidate" and substituting the following:
"candidate"
(a) means a person who is declared to be a candidate under section 46, and
(b) for the purposes of Division (6.1) [Candidate Endorsement by Elector Organization], includes a person who is seeking endorsement or is proposed to be endorsed under that Division; ,
(b) by adding the following definition:
"election area" means the city, neighbourhood constituency or other area for which an election is held under this Act or other local elections legislation; ,
(c) by repealing the definition of "elector organization" and substituting the following:
"elector organization" means an organization that endorses a candidate under Division (6.1) [Candidate Endorsement by Elector Organization] of this Part; ,
(d) by repealing the definition of "endorse",
(e) by adding the following definitions:
"endorsement", in relation to a candidate, means the endorsement of the candidate by an elector organization under Division (6.1) [Candidate Endorsement by Elector Organization];
"endorsement documents" means documents required to be filed by an elector organization under section 45.4 [endorsement documents]; ,
(f) by repealing the definition of "financial agent",
(g) by repealing the definition of "general voting day" and substituting the following:
"general voting day" means,
(a) in relation to an election, the applicable day established under
(i) section 9 (2) [general local elections],
(ii) section 10 (5) [by-elections],
(iii) section 11 [election to be conducted under minister's order],
(iv) section 114 (5) [runoff election if tie vote after a judicial recount], or
(v) section 127 [ministerial orders in special circumstances], and
(b) in relation to assent voting, the applicable day established under
(i) section 134 [authority to set general voting day], or
(ii) section 127 [ministerial orders in special circumstances] as it applies to assent voting; ,
(h) by adding the following definition:
"held at the same time", in relation to elections and assent voting, means being held at the same time in accordance with the rules established by section 6 [when elections, or elections and assent voting, are considered to be held at the same time] of the Local Elections Campaign Financing Act; ,
(i) by repealing the definition of "local government",
(j) by repealing the definition of "neighbourhood constituency" and substituting the following:
"neighbourhood constituency" means an election area established as a neighbourhood constituency under section 138; ,
(k) by adding the following definition:
"nomination deposit" means a nomination deposit required by by-law under section 44.1 [nomination deposits may be required]; ,
(l) by adding the following definition:
"official agent" means an official agent appointed under section 53 (1) (a) [appointment of candidate representatives] to represent a candidate; , and
(m) by repealing the definition of "voting opportunity" and substituting the following:
"voting opportunity" means an opportunity referred to in section 66 for some or all electors of an election area to vote in an election for the election area; .
115 Section 9 (1) is repealed and the following substituted:
(1) Elections for the Mayor and all Councillors, to be known collectively as a general local election, must be held in the year 2014 and in every 4th year after that.
116 Section 10 is amended
(a) by repealing subsection (1) (d) and substituting the following:
(d) the office becomes vacant under section 142.1 [application to court for declaration of disqualification];
(e) the office becomes vacant under
(i) section 64 (2) [candidate disqualification penalties for failure to disclose], or
(ii) section 65 (1) (a) [candidate disqualification penalties for false or misleading disclose],
of the Local Elections Campaign Financing Act. , and
(b) in subsection (4) by striking out "As soon as reasonably possible" and substituting "As soon as practicable".
117 Section 13 is amended
(a) in subsection (5) by striking out "parts of the jurisdiction" and substituting "parts of the election area", and
(b) in subsections (6) and (7) by striking out "part of the city" and substituting "part of the election area".
118 Section 14 (8) (a) and (b) is repealed and the following substituted:
(a) will faithfully and impartially exercise the powers and perform the duties of the position to which the election official is appointed,
(b) has not received and will not accept any inducement to exercise the powers or perform the duties of the position otherwise than impartially and in accordance with this Act or to otherwise subvert the election, .
119 Section 15 is repealed and the following substituted:
15. (1) In addition to all other duties established by this Part and the Local Elections Campaign Financing Act, 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, the Local Elections Campaign Financing Act and any by-laws and regulations under this Part or that Act.
(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) 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;
(c) take solemn declarations where these are required under this Part or the Local Elections Campaign Financing Act;
(d) delegate to other election officials the chief election officer's duties and powers under this Part or the Local Elections Campaign Financing Act, subject to any restrictions or conditions specified by the chief election officer;
(e) apply to the minister for an order under section 127 [ministerial orders in special circumstances] of this Act or section 99 [ministerial orders in special circumstances] of the Local Elections Campaign Financing Act.
120 Section 22 (2) (c) is repealed.
121 Section 23 (1) is repealed and the following substituted:
(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
(i) an individual who is 18 years of age or older on the day of registration, or
(ii) if an election is in progress, an individual who will be 18 years of age or older on general voting day for the election;
(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 day of registration;
(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 the day of registration;
(e) the person must not be disqualified under this or any other enactment from voting in an election or be otherwise disqualified by law.
122 Section 24 (1) is amended
(a) by repealing paragraph (b) and substituting the following:
(b) the person must be
(i) an individual who is 18 years of age or older on the day of registration, or
(ii) if an election is in progress, an individual who will be 18 years of age or older on general voting day for the election; , and
(b) by repealing paragraphs (d) to (f) and substituting the following:
(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 the day of registration;
(e) the person must have been a registered owner of real property in the city for at least 30 days immediately before the day of registration;
(f) the only persons who are registered owners of the real property, either as joint tenants or tenants in common, are individuals who are not holding the property in trust for a corporation or another trust;
(g) the person must not be disqualified under this or any other enactment from voting in an election or be otherwise disqualified by law.
123 Section 38 is amended
(a) in subsection (1) by striking out "as a member of Council" and substituting "on Council or on the Park Board",
(b) in subsection (1) (a) by striking out "age 18 or older" and substituting "18 years of age or older",
(c) by repealing subsection (1) (d) and substituting the following:
(d) the person must not be disqualified under this Act or any other enactment from being nominated for, being elected to or holding the office, or be otherwise disqualified by law. ,
(d) in subsection (2) by striking out "as a member of Council:" and substituting "on Council or on the Park Board:", and
(e) by repealing subsection (2) (c) to (e) and substituting the following:
(c) a person who is disqualified under any of the following provisions of this Act:
(i) section 140 (4) [failure to make oath or affirmation of office];
(ii) section 143 (4) [unexcused absence from council meetings];
(iii) sections 145.3 to 145.911 [conflict of interest];
(d) a person who is disqualified from holding office on a local government under any of the provisions of the Local Government Act or Community Charter referred to in section 66 (2) (c) to (e) [disqualifications from holding office] of the Local Government Act;
(e) a person who is disqualified from holding office under
(i) Division (17) [Election Offences] of this Part as it applies to elections or voting under this Act or any other Act, or
(ii) Division 17 of Part 3 of the Local Government Act, as it applies in relation to elections or voting under that Act or any other Act;
(f) a person who is disqualified under the Local Elections Campaign Financing Act from holding office on a local authority;
(g) a person who is disqualified under any other enactment.
124 The heading to Division (6) of Part I is repealed and the following substituted:
Division (6) — Nomination of Candidates .
125 Section 44 is repealed and the following substituted:
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) the residential address of the person nominated, and the mailing address if this is different;
(e) the names and residential addresses of the nominators and, if a nominator is a non-resident property elector, the address of the property in relation to which the nominator is such an elector;
(f) a statement signed by the nominators that, to the best of their knowledge, the person nominated is qualified under section 38 [who may hold office on Council or Park Board] to be nominated.
(2) To be accepted for filing, a nomination must be accompanied by the following:
(a) a statement signed by the person nominated consenting to the nomination;
(b) a solemn declaration in accordance with subsection (3) of the person nominated, either made in advance or taken by the chief election officer at the time the nomination documents are delivered;
(c) as applicable, a signed declaration of the person nominated
(i) that the person is acting as his or her own financial agent, or
(ii) identifying the person who is appointed under the Local Elections Campaign Financing Act to act as financial agent for the person nominated;
(d) the written disclosure required by section 2 (1) of the Financial Disclosure Act.
(3) For the purposes of subsection (2) (b), the person nominated must make a solemn declaration
(a) that he or she is qualified under section 38 [who may hold office on Council or Park Board] to be nominated for the office,
(b) that, to the best of the person's knowledge and belief, the information provided in the nomination documents is true,
(c) that the person fully intends to accept the office if elected, and
(d) that the person
(i) is aware of the Local Elections Campaign Financing Act,
(ii) understands the requirements and restrictions that apply to the person under that Act, and
(iii) intends to fully comply with those requirements and restrictions.
(4) A person must not consent to be nominated knowing that he or she is not qualified to be nominated.
126 Section 44.1 (3) is repealed and the following substituted:
(3) A nomination deposit must be held by the chief election officer to be dealt with as follows:
(a) if the person nominated is not declared to be a candidate under section 46 [declaration of candidates], the deposit is to be returned to the person or to the financial agent for the person;
(b) in the case of a person declared to be a candidate, if the candidate disclosure statement required under the Local Elections Campaign Financing Act for the person is filed in accordance with section 47 (1) [time limit for filing on time] of that Act, the deposit is to be returned to the person or the financial agent for the person;
(c) in the case of a person declared to be a candidate, the deposit is to be returned to the person or the financial agent for the person if the required candidate disclosure statement is not filed as referred to in paragraph (b), but
(i) an application for relief in relation to the disclosure statement is made under Division 2 [Court Orders for Relief in Relation to Disclosure Requirements] of Part 6 of the Local Elections Campaign Financing Act,
(ii) the court provides relief in relation to forfeiture of the deposit, and
(iii) if applicable, there is compliance with the court order;
(d) in other cases, the deposit is forfeited and is to be paid to the city.
127 Section 45 is amended
(a) by repealing subsections (4) to (5.1) and substituting the following:
(4) Nomination documents may be delivered
(a) by hand, by mail or by other delivery service, or
(b) by fax or email, with originals to follow.
(5) If the originals of nomination documents delivered by fax or email are not received by the chief election officer before 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.
(5.1) After receiving nomination documents, the chief election officer must review the list under section 60 [Elections BC to maintain disqualification lists] of the Local Elections Campaign Financing Act to determine whether an application must be made under section 45.2 (5) [challenge required if candidate appears to be disqualified] of this Act. , and
(b) by repealing subsection (8) and substituting the following:
(8) A person who inspects or otherwise accesses nomination documents under this section must not use the information included in them except for the purposes of this Act or purposes authorized by section 63 [restrictions on use of personal information] of the Local Elections Campaign Financing Act.
128 The following sections are added:
45.1 (1) A person who is nominated for office on Council must, before the end of the nomination period, provide the following to the chief election officer:
(a) a telephone number at which the person may be contacted;
(b) an email address at which the person may be contacted, unless the person does not have such an address;
(c) an address for service at which notices and other communications under this Act or other local elections legislation will be accepted as served on or otherwise delivered to the person;
(d) as applicable,
(i) a statement that the person is acting as their own financial agent, or
(ii) the information and material required under section 17 (5) [candidate financial agent appointment documents] of the Local Elections Campaign Financing Act;
(e) any other information or material required by regulation under section 128 [election regulations].
(2) If the information and material required under subsection (1) are not received by the chief election officer before the end of the nomination period, the person nominated is deemed to have withdrawn from being a candidate in the election.
(3) If there is any change in the information or related material required to be provided under subsection (1), the person nominated must provide updated information and material as follows:
(a) to the chief election officer if the change occurs before the declaration of the results of the election;
(b) to the BC chief electoral officer if the change occurs after the declaration of those results.
45.2 (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) a person who is an elector,
(b) another nominee in the same election, or
(c) the chief election officer.
(4) A challenge may only be made 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.
(5) The chief election officer must commence a challenge under this section if, on a review under section 45 (5.1) [review of disqualification list], it appears to the chief election officer that a person is disqualified from being nominated.
(6) 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.
(7) 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 (9).
(8) The person making a challenge must
(a) immediately give notice of the challenge to the chief election officer and the person whose nomination is challenged, and
(b) within 24 hours of filing the document commencing the application, serve on these persons that document, the accompanying affidavit and a notice of the time set for the hearing.
(9) 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, or
(b) declaring that the person is or is not entitled to have the usual name indicated in the nomination documents used on the ballot.
(10) The court may order that the costs of a challenge, within the meaning of the Supreme Court Civil Rules, be paid in accordance with the order of the court.
(11) The decision of the court on a challenge under this section is final and may not be appealed.
129 The following Division is added to Part I:
Division (6.1) — Candidate Endorsement by Elector Organization
45.3 (1) Subject to this section, an incorporated or unincorporated organization may endorse a candidate in an election, and have that endorsement included on the ballot for the election, if
(a) the organization makes the endorsement in accordance with section 45.4 [endorsement documents],
(b) the candidate consents to the endorsement, and
(c) the organization complies with section 45.5 (1) [other information to be provided by elector organization].
(2) To be qualified to endorse a candidate, an organization
(a) must have a membership that, at the time that the solemn declaration under section 45.4 (1) (c) is made, includes at least 50 electors, and
(b) must not be disqualified under this Act, the Local Elections Campaign Financing Act or any other Act from endorsing a candidate.
(3) An organization must not endorse more candidates in an election for a particular office than there are positions to be filled for that office.
(4) A candidate must not consent to endorsement by more than one organization in relation to the same election for the same office.
45.4 (1) An organization must file the following with the chief election officer before the end of the nomination period in order to endorse a candidate:
(a) a statement of the following:
(i) the full name of the candidate endorsed by the organization and, if applicable, the usual name that is to be used on the ballot;
(ii) the legal name of the organization, if applicable;
(iii) the usual name of the organization, if this is different from its legal name or if it has no legal name;
(iv) any abbreviations, acronyms or other names used by the organization;
(v) subject to the restrictions in subsection (3), which name, abbreviation or acronym the organization wishes to have included on the ballot;
(vi) the mailing address for the organization;
(b) written consent of the candidate to the endorsement;
(c) a solemn declaration of the authorized principal official of the organization in accordance with subsection (2) and any applicable regulations;
(d) any other information or matter required by regulation under section 128 [election regulations].
(2) For the purposes of subsection (1) (c), the authorized principal official of the organization must make a solemn declaration that, to the best of the knowledge and belief of the official, the organization
(a) has a membership of at least 50 electors,
(b) is not disqualified from endorsing a candidate,
(c) is aware of the Local Elections Campaign Financing Act,
(d) understands the requirements and restrictions that apply to the organization under the Local Elections Campaign Financing Act,
(e) intends to fully comply with the requirements and restrictions referred to in paragraph (d), and
(f) has authorized the official to make the solemn declaration.
(3) The name, abbreviation or acronym referred to in subsection (1) (a) (v) must not
(a) include any matter that is prohibited by section 77 [what must and must not be included on a ballot] 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 organization whose endorsement of a candidate appeared on a ballot at the preceding general local election, or at an election after that general local election, as to be confusing to the electors.
(4) If an organization is filing endorsement documents
(a) for more than one candidate in the same election, or
(b) in multiple elections for the city being held at the same time,
a solemn declaration under subsection (1) (c) may be made in relation to any or all of those candidates.
(5) After receiving endorsement documents, the chief election officer must review the list under section 60 [Elections BC to maintain disqualification lists] of the Local Elections Campaign Financing Act to determine whether an application must be made under section 45.7 (5) [challenge required if organization appears to be disqualified] of this Act.
(6) Section 45 (6) to (8) [public access to nomination documents] applies in relation to endorsement documents.
45.5 (1) For endorsement documents to be accepted for filing, the organization must provide the following to the chief election officer before the end of the nomination period:
(a) a telephone number at which the organization can be contacted;
(b) an email address at which the organization can be contacted, unless the organization does not have such an address;
(c) an address for service at which notices and other communications under this Act or other local elections legislation will be accepted as served on or otherwise delivered to the organization;
(d) the information required under section 19 (4) [elector organization information respecting financial agent] of the Local Elections Campaign Financing Act;
(e) the information and material required under section 21 [responsible principal officials and authorized principal official of elector organization] of the Local Elections Campaign Financing Act;
(f) any other information or material required to be included by regulation under section 128 [election regulations] of this Act.
(2) If there is any change in the information or material required to be provided under subsection (1), an elector organization must provide updated information or material as follows:
(a) to the chief election officer if the change happens before the end of general voting day for the applicable election;
(b) to the BC chief election officer if the change happens after that general voting day.
45.6 An elector organization endorsement must not appear on a ballot if, before 4 p.m. on the 29th day before general voting day,
(a) the candidate withdraws his or her consent to have the elector organization endorsement appear on the ballot by delivering a signed withdrawal to the chief election officer by that time, or
(b) the elector organization withdraws its endorsement of the candidate by delivering to the chief election officer by that time a written withdrawal signed by the authorized principal official of the elector organization.
45.7 (1) The endorsement of a candidate under this Division 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 filing of the endorsement documents in accordance with section 45.4 and 4 p.m. on the 4th day after the end of the nomination period.
(3) A challenge may be made only by
(a) a person who is an elector,
(b) a person nominated as a candidate in the same election as the election in relation to which the endorsement documents were filed or in another election for the city being held at the same time, or
(c) the chief election officer.
(4) A challenge may only be made on one or more of the following bases:
(a) that the organization is not qualified to be an elector organization under section 45.3 [candidate endorsement by elector organization];
(b) that the endorsement was not made in accordance with section 45.4 [endorsement documents];
(c) that section 45.3 (3) or (4) [limits on candidates to be endorsed and limits on consenting to endorsement] was contravened.
(5) The chief election officer must commence a challenge under this section if, on a review under section 45.4 (5) [review of disqualification list], it appears to the chief election officer that the organization named in the endorsement documents is not qualified to endorse a candidate.
(6) Section 45.2 (6), (7), (10) and (11) [challenge of nomination] applies in relation to a challenge under this section.
(7) The person making a challenge must
(a) immediately give notice of the challenge to the chief election officer, the organization whose endorsement is being challenged and the candidates endorsed by that organization, and
(b) within 24 hours of filing the document commencing the challenge, serve on these persons that document, the accompanying affidavit and a notice of the time set 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) declaring that the organization has not endorsed a candidate, or
(b) declaring that the organization named in the endorsement documents is or is not qualified to endorse a candidate.
130 The following heading is added before section 46:
Division (6.2) — Declaration of Candidates .
131 Section 47 is repealed.
132 Section 48 (1) is repealed and the following substituted:
(1) At 4 p.m. on the Monday following the last day for determining a challenge under section 45.2 [challenge of nomination], the chief election officer must declare the election in accordance with this section.
133 Section 49 (5) and (6) is amended by striking out "the jurisdiction" and substituting "the municipality or regional district electoral area".
134 Section 51 is repealed.
135 Section 52 (3) is amended by striking out "as soon as reasonably possible" and substituting "as soon as practicable".
136 Section 53 (2) (c) is amended by striking out "as soon as reasonably possible" and substituting "as soon as practicable".
137 Division (8) [Campaign Financing] of Part I is repealed.
138 Section 67 (1) is repealed and the following substituted:
(1) As soon as practicable after the declaration of an election by voting, the chief election officer must designate voting places for general voting day.
139 Section 69 (4) is repealed and the following substituted:
(4) As soon as practicable after the declaration of an election by voting, the chief election officer must designate voting places for the required advance voting opportunities.
140 Section 77 is amended
(a) by repealing subsection (1) (d) and substituting the following:
(d) if applicable, the name, abbreviation or acronym of the endorsing elector organization for a candidate, as shown on the endorsement documents for the candidate. , and
(b) by repealing subsection (2) and substituting the following:
(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 the authorized principal 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.
141 Section 95 (1) is repealed and the following substituted:
(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 practicable after this time.
142 Section 114 (4) is amended by striking out "As soon as possible" and substituting "As soon as practicable".
143 Section 115 (8) is repealed and the following substituted:
(8) As soon as practicable, 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 City Clerk.
144 Section 116 (1) is repealed and the following substituted:
(1) The Supreme Court must hear and determine an application under section 115 as soon as practicable and, for these purposes, must ensure that the proceedings are conducted as expeditiously as possible.
145 Section 122 is amended
(a) by repealing subsection (1) (b) and substituting the following:
(b) is responsible for retaining the nomination documents and endorsement documents for the election, other than the written disclosure under the Financial Disclosure Act, and , and
(b) in subsection (6) by striking out "destroyed as soon as possible" and substituting "destroyed as soon as practicable".
146 Section 124.1 is repealed.
147 Section 125 is amended
(a) by repealing subsection (1) and substituting the following:
(1) In relation to nominations, a person must not do any of the following:
(a) contravene section 44 (4) [unqualified candidate consenting to nomination];
(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;
(c) before or after an election, purport to withdraw the endorsement of a candidate by an elector organization except as provided in section 45.6 (b) [withdrawal of endorsement on ballot]. ,
(b) by repealing subsection (4) and substituting the following:
(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) display, distribute, post or openly leave a representation of a ballot marked for a particular result in the voting;
(c) post, display or disseminate
(i) election advertising, or
(ii) any material that identifies a candidate or elector organization, unless this is done with the authorization of the chief election officer;
(d) carry, wear or supply a flag, badge or other thing indicating that the person using it is a supporter of a particular candidate, elector organization or result in the voting. ,
(c) by repealing subsection (5), and
(d) by repealing subsection (6) (e) and substituting the following:
(e) interfere with, hinder or obstruct an election official or other person in the exercise or performance of his or her powers, duties or functions under this Part or the Local Elections Campaign Financing Act.
148 The following section is added:
125.2 The time limit for laying an information to commence a prosecution respecting an offence under this Part is one year after the date on which the act or omission that is alleged to constitute the offence occurred.
149 Section 126 is amended
(a) by repealing subsection (1) (c) and (d) and substituting the following:
(c) a prohibition for a period of not longer than 7 years from holding an elected local government office; , and
(b) by repealing subsection (2) and substituting the following:
(2) A person or unincorporated organization who contravenes section 125 is guilty of an offence and is liable to one or both of the following penalties:
(a) a fine of not more than $5 000;
(b) imprisonment for a term not longer than one year.
150 Section 127 (1) and (2) is repealed and the following substituted:
(1) If the minister considers that special circumstances regarding an election or assent voting require this, the minister may make any order the minister considers appropriate to achieve the purposes of this Part or Part II [Assent Voting].
(2) Without limiting subsection (1), an order under this section may provide an exception to or modification of
(a) this Act or a by-law or regulation under this Act, or
(b) the Local Elections Campaign Financing Act or a regulation under that Act,
including extending a time period or establishing a new date in place of a date set under this Act or the Local Elections Campaign Financing Act and giving any other directions the minister considers appropriate in relation to this.
151 Section 128 (2) (d) to (e.1) is repealed and the following substituted:
(d) prescribing additional information or material required to be provided under section 45.1 (1) (e) [other information to be provided by candidate];
(e) prescribing matters that must be included in the solemn declaration under section 45.4 (1) (c) [endorsement documents];
(e.1) prescribing additional information or material required to be provided under section 45.4 (1) (d) [other information to be provided in endorsement documents] or 45.5 (1) (f) [other information to be provided by elector organization]; .
152 The heading to Part II is repealed and the following substituted:
Part II — Assent Voting .
153 Section 129 is repealed and the following substituted:
129. The definitions in Part I apply to this Part and, in addition, in this Part:
"assent voting" means voting on a matter referred to in section 130;
"voting area" means an area for which the applicable assent voting is to be conducted.
154 Section 130 (2) and (3) is repealed and the following substituted:
(2) Except as otherwise provided, Part I [Electors and Elections] applies in relation to
(a) voting referred to in subsection (1) as if the assent voting for the voting area were an election for an election area, and
(b) assent voting advertising whether or not it is election advertising.
(3) For certainty, Division (17) [Election Offences] of Part I applies in relation to assent voting.
155 The heading to Division (3) of Part II is repealed and the following substituted:
Division (3) — Proceedings for Assent Voting .
156 Section 135 (3) is repealed and the following substituted:
(3) Voting opportunities in a voting area for assent voting must be the same as those for an election for Council or for the Park Board that is being held at the same time as the assent voting if
(a) the Council is responsible for conducting the assent voting, and
(b) the voting area for the assent voting is all or part of the city.
157 Divisions (3) and (4) of Part II are amended by striking out "other voting" wherever it appears and substituting "assent voting".
158 Section 139 (1) (a) and (2) (a) is amended by striking out "section 140 (4)," and substituting "section 140 (3),".
159 Section 140 is repealed and the following substituted:
140. (1) A person elected or appointed to office on Council must make an oath or solemn affirmation of office within the following applicable time limit:
(a) in the case of a person elected by acclamation, within 50 days after the date set for general voting day had an election by voting been required;
(b) in the case of a person elected by voting, within 45 days after the declaration of the results of the election;
(c) in the case of a person appointed to office, within 45 days after the effective date of the appointment.
(2) A person required to make an oath or solemn affirmation of office under subsection (1)
(a) must make the oath or solemn affirmation before a judge of the Court of Appeal, Supreme Court or Provincial Court, a justice of the peace, a commissioner for taking affidavits for British Columbia or the City Clerk, and
(b) must obtain the completed oath or solemn affirmation, or a certificate of it, from the person administering the oath or affirmation.
(3) 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 solemn affirmation of office, or the certificate of it, to the City Clerk, or
(b) at any later time that the person produces the completed oath or solemn affirmation of office, or the certificate of it, to the City Clerk.
(4) If a person referred to in subsection (1) does not make the required oath or solemn affirmation of office within the time limit established by that subsection, the person is disqualified from holding office
(a) on Council or on the Park Board,
(b) on any other local government, or
(c) as a trustee under the Islands Trust Act
until the next general local election.
(5) Council may, by by-law, establish an oath or solemn affirmation of office for the purposes of this section, which may be different for different types of office.
(6) If no by-law under subsection (5) applies, the oath or solemn affirmation of office to be made is that prescribed by regulation.
(7) A person taking office on Council may also make an oath of allegiance.
(8) 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.
160 Section 141 is repealed.
161 Section 142.1 is amended
(a) in subsection (1) by striking out "section 141" and substituting "section 38 (2), other than subsection (2) (f) of that section,", and
(b) in subsection (2) (b) by striking out "section 141 which" and substituting "section 38 (2) that".
162 Section 143 is amended by adding the following subsections:
(4) Subject to subsection (6), if a Council member is absent from Council meetings for
(a) a period of 60 consecutive days, or
(b) 4 consecutive regularly scheduled Council meetings,
whichever is the longer time period, the Council member is disqualified from holding office in accordance with subsection (5).
(5) Disqualification under subsection (4) is disqualification from holding office
(a) on Council or on the Park Board,
(b) on any other local government, or
(c) as a trustee under the Islands Trust Act
until the next general local election.
(6) The disqualification under subsection (4) does not apply if the absence is because of illness or injury or is with the leave of the Council.
163 Section 145.3 (3) is repealed and the following substituted:
(3) A person who contravenes this section is disqualified from holding office as described in section 145.911 [disqualification for contravening conflict rules] unless the contravention was done inadvertently or because of an error in judgment made in good faith.
164 Section 145.4 (2) is repealed and the following substituted:
(2) A person who contravenes this section is disqualified from holding office as described in section 145.911 [disqualification for contravening conflict rules] unless the contravention was done inadvertently or because of an error in judgment made in good faith.
165 Section 145.5 (2) is repealed and the following substituted:
(2) A person who contravenes this section is disqualified from holding office as described in section 145.911 [disqualification for contravening conflict rules] unless the contravention was done inadvertently or because of an error in judgment made in good faith.
166 Section 145.7 (3) is repealed and the following substituted:
(3) A person who contravenes this section is disqualified from holding office as described in section 145.911 [disqualification for contravening conflict rules] unless the contravention was done inadvertently or because of an error in judgment made in good faith.
167 Section 145.8 (3) is repealed and the following substituted:
(3) A person who contravenes this section is disqualified from holding office as described in section 145.911 [disqualification for contravening conflict rules] unless the contravention was done inadvertently or because of an error in judgment made in good faith.
168 Section 145.9 (3) is repealed and the following substituted:
(3) A person who contravenes subsection (2) is disqualified from holding office as described in section 145.911 [disqualification for contravening conflict rules] unless the contravention was done inadvertently or because of an error in judgment made in good faith.
169 Section 145.91 (2) is repealed and the following substituted:
(2) A person who contravenes this section is disqualified from holding office as described in section 145.911 [disqualification for contravening conflict rules] unless the contravention was done inadvertently or because of an error in judgment made in good faith.
170 The following section is added:
145.911 A person disqualified from holding office under any of sections 145.3 to 145.91 is disqualified from holding office
(a) on Council or on the Park Board,
(b) on any other local government, or
(c) as a trustee under the Islands Trust Act
until the next general local election.
171 Section 474.1 is amended by repealing the definition of "Park Board".
172 Section 486 is amended
(a) by repealing subsection (3) and substituting the following:
(3) Members of the Board take office by making an oath of office and, for these purposes, section 140 [oath of office] applies.
(3.1) A member of the Board may resign from office only by delivering a written resignation to the City Clerk and, for these purposes, section 142 [resignation from office] applies. , and
(b) by repealing subsection (5).
173 Section 486A is repealed and the following substituted:
486A. The following sections apply in relation to members of the Board:
(a) section 140 (4) [failure to make oath of office];
(b) sections 142.1 [application to court for declaration of disqualification], 142.2 [status of person subject to an application] and 142.3 [costs of an application];
(c) section 143 (4) to (6) [unexcused absence from meetings];
(d) sections 145.2 to 145.92 [conflict of interest].
Part 2 — Amendments To Be in Place for General
Local Elections after 2014
Community Charter
174 Section 124 (2) (g) of the Community Charter, S.B.C. 2003, c. 26, is repealed and the following substituted:
(g) establish the first regular council meeting date referred to in section 125 (1) [council meetings] as a day in the first 10 days of November following a general local election.
Islands Trust Act
175 Section 6 (5) of the Islands Trust Act, R.S.B.C. 1996, c. 239, is repealed and the following substituted:
(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 November 1 following the election or when the person takes office in accordance with section 210 (3) of the Local Government Act, whichever is later, and
(b) ends immediately before the first Monday after November 1 in the year of the next general local election or when the person's successor takes office, whichever is later.
176 Section 7 is repealed and the following substituted:
7 (1) The council of a municipality in the trust area must, before December 1 of each year, appoint 2 municipal trustees from among its members.
(2) Unless otherwise provided by letters patent under section 13 (3.1) of the Local Government Act, a municipal trustee appointed under subsection (1) of this section holds office from the date of appointment until the first Monday following the next November 1 or until the appointment of the trustee's successor, whichever is later.
Local Government Act
177 Section 36 (2) of the Local Government Act, R.S.B.C. 1996, c. 323, is repealed and the following substituted:
(2) General voting day for a general local election must be the 3rd Saturday of October in the year of the election.
178 Section 37 (2) is repealed and the following substituted:
(2) A local government may decide that a by-election is not to be held if the vacancy occurs after June 1 in the year of a general local election that will fill the office.
179 Section 784 (2) (b) (iii) is repealed and the following substituted:
(iii) November 30 in the year of a general local election.
180 Section 785 (3) is repealed and the following substituted:
(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 November 1 following the election or when the person takes office in accordance with section 210 (3) [oath of office], whichever is later, and
(b) ends immediately before the first Monday after November 1 in the year of the next general local election or when the director's successor takes office, whichever is later.
181 Section 792 (1) is repealed and the following substituted:
(1) At the first meeting held after November 1 in each year, the board must elect a chair and a vice chair.
School Act
182 Section 35 (2) of the School Act, R.S.B.C. 1996, c. 412, is repealed and the following substituted:
(2) General voting day for the general school election must be on the 3rd Saturday of October in the year of the election.
183 Section 49 is repealed and the following substituted:
49 The term of office of a trustee elected at a general school election
(a) begins on the first Monday after November 1 following the election or when the person takes office in accordance with section 50 (3), whichever is later, and
(b) ends immediately before the first Monday after November 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.
184 Section 166.18 is amended
(a) by repealing subsection (1.1) and substituting the following:
(1.1) The 3rd Saturday of October in the year of a general election is to be known as election day. , and
(b) by repealing subsection (3) and substituting the following:
(3) Subject to section 166.19 (2), the term of office of a regional trustee elected under subsection (1)
(a) begins on the first Monday after November 1 following the general election of regional trustees or when the person takes office in accordance with section 166.19 (2), whichever is later, and
(b) ends immediately before the first Monday after November 1 in the year of the next general election of regional trustees or when at least 3 regional trustees elected or appointed following that election have taken office, whichever is later.
Vancouver Charter
185 Section 9 (2) is repealed and the following substituted:
(2) General voting day for a general local election must be the 3rd Saturday of October in the year of the election.
186 Section 10 (2) is repealed and the following substituted:
(2) As an exception to subsection (1), the Council may decide that an election is not to be held if the vacancy occurs after June 1 in the year of a general local election that will fill the office.
187 Section 139 is repealed and the following substituted:
139. (1) The term of office for a Mayor elected at a general local election
(a) begins on the first Monday after November 1 following the election or when the person takes office in accordance with section 140 (3), whichever is later, and
(b) ends immediately before the first Monday after November 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 November 1 following the election or when the person takes office in accordance with section 140 (3), whichever is later, and
(b) ends immediately before the first Monday after November 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.
188 Section 143 (1) is amended by striking out "December" and substituting "November".
189 Section 160 is amended by striking out "December" and substituting "November".
Part 3 — Transitional Provisions
Division 1 — General
190 In this Part:
"2014 general local election" means the elections that are part of or held at the same time as the 2014 general local election under the Local Government Act;
"campaign organizer" means an individual or organization that under the former legislation, on the day after the date of First Reading of the Local Elections Campaign Financing Act,
(a) is a campaign organizer, and
(b) has a campaign account;
"election amendments" means the Local Elections Campaign Financing Act and the amendments made by Part 1 of this Act;
"former legislation" means, in relation to a statutory provision, the provision as it read immediately before repeal, replacement or amendment by the applicable provision of the election amendments;
"new legislation" means, in relation to a statutory provision, the provision as it reads immediately after amendment or enactment by the applicable provision of the election amendments.
191 (1) Despite the repeal, replacement or amendment of the former legislation, if this Part, or a regulation under this Part, provides for the application or continued application of a provision of the former legislation for a specific purpose, the former legislation is deemed to be continued for that purpose.
(2) The former legislation continues to apply in relation to elections and voting to which the Local Elections Campaign Financing Act does not apply under section 101 (3) [commencement] of that Act.
192 (1) Despite this Act, the Local Elections Campaign Financing Act or any other Act, the Lieutenant Governor in Council may make regulations as follows:
(a) respecting any matter that the Lieutenant Governor in Council considers is not provided for, or is not sufficiently provided for, in this Act, in local elections legislation or in another Act affected by this Act or the Local Elections Campaign Financing Act;
(b) making provisions that the Lieutenant Governor in Council considers necessary or advisable for the purpose of more effectively bringing this Act or the Local Elections Campaign Financing Act into operation;
(c) making provisions that the Lieutenant Governor in Council considers necessary or advisable for the purpose of preventing, minimizing or otherwise addressing any transitional difficulties encountered in bringing this Act or the Local Elections Campaign Financing Act into operation;
(d) making provisions that the Lieutenant Governor in Council considers necessary or advisable for the purpose of preventing, minimizing or otherwise addressing any transitional difficulties encountered in respect of this Act, local elections legislation or another Act affected by this Act or the Local Elections Campaign Financing Act;
(e) making provisions that the Lieutenant Governor in Council considers necessary or advisable in relation to any election or voting to which the Local Elections Campaign Financing Act does not apply under section 101 (3) [commencement] of that Act that takes place between the date of Royal Assent of the Local Elections Campaign Financing Act and general voting day for the 2014 general local election;
(f) making provisions that the Lieutenant Governor in Council considers necessary or advisable in relation to the 2014 general local election;
(g) without limiting any other authority in this section, making provisions respecting the repeal of the former legislation as it relates to campaign organizers;
(h) resolving any errors, inconsistencies or ambiguities arising in this Act or local elections legislation;
(i) amending provisions in this Part that refer to "the date of Royal Assent of this Act", "the day after the date of First Reading of this Act", "the date of Royal Assent of the Local Elections Campaign Financing Act" or "the day after the date of First Reading of the Local Elections Campaign Financing Act" to add or replace a date.
(2) In making a regulation under subsection (1) (a) to (g), the Lieutenant Governor in Council may do any of the following:
(a) provide exceptions to a provision;
(b) establish limits on the application of a provision;
(c) modify the rules, or the effect of the rules, that would otherwise apply under the provision;
(d) establish rules that operate in place of or as an alternative to the provision;
(e) establish conditions in relation to the operation of an exception, limit, modification or rule established under this section;
(f) provide for the application or continued application of the former legislation.
(3) In making a regulation under this section, the Lieutenant Governor in Council may do any of the following:
(a) establish different classes for the purposes of this Act or local elections legislation;
(b) make different provisions, including exceptions, for different classes referred to in paragraph (a).
(4) A regulation under subsection (1) of this section may be made retroactive to the day after the date of First Reading of the Local Elections Campaign Financing Act or a later date, and if made retroactive is deemed to have come into force on the specified date.
(5) To the extent of any conflict between a regulation under subsection (1) and another enactment, the regulation prevails.
(6) This section and any regulations made under this section are repealed on December 31, 2015.
193 Division 1 [Elections BC Responsibilities and Powers] of Part 7 [Enforcement] and Division 1 [Responsibilities and Authorities] of Part 8 [Administrative and Other Matters] of the Local Elections Campaign Financing Act apply in respect of ensuring compliance with and enforcement of the following:
(a) former legislation as that former legislation applies to candidates, elector organizations and campaign organizers in relation to the 2014 general local election;
(b) this Part and the regulations under this Part of this Act.
194 Division 2 [Offences] of Part 7 [Enforcement] of the Local Elections Campaign Financing Act applies in relation to offences under this Part of this Act.
Division 2 — Candidates and Elector Organizations
195 (1) If, on the date of Royal Assent of this Act, an individual is a financial agent appointed by a candidate or a financial agent appointed by an elector organization in relation to the 2014 general local election in accordance with the requirements of the former legislation, the individual
(a) may continue to act as financial agent for the candidate or as financial agent for the elector organization, as applicable, until 14 days after the date of Royal Assent of this Act, and
(b) must be appointed by the candidate or the elector organization, as applicable, in accordance with the requirements of the new legislation on or before the date referred to in paragraph (a) in order to continue to act as financial agent for the candidate or as financial agent for the elector organization, as applicable.
(2) If the individual referred to in subsection (1) is not reappointed as financial agent for the candidate or as financial agent for the elector organization, as applicable, in accordance with the requirements of the new legislation on or before the date referred to in subsection (1) (a) the individual must, as soon as practicable, provide to the candidate for whom the individual was the financial agent or to the elector organization for which the individual was the financial agent all records and material that the individual has in relation to the election campaign of the candidate or elector organization, as applicable.
(3) If, on the date of Royal Assent of this Act, an individual is a financial agent appointed by a candidate or a financial agent appointed by an elector organization in relation to the 2014 general local election in accordance with the requirements of the new legislation, the individual is deemed to have been appointed under the new legislation.
(4) An individual who contravenes subsection (2) commits an offence.
(5) Section 86 [lower penalty offences] of the Local Elections Campaign Financing Act applies to an offence under subsection (2).
196 If, on the date of Royal Assent of this Act, a campaign account of a candidate or an elector organization includes
(a) campaign contributions that were permitted under the former legislation but are not permitted under the new legislation, or
(b) a transfer or deposit that was permitted under the former legislation but is not permitted under the new legislation,
the money may remain in the campaign account and be used in accordance with the new legislation.
197 If, on the date of Royal Assent of this Act,
(a) an individual who is a candidate in relation to multiple elections that are part of the 2014 general local election, or
(b) an elector organization that intends to endorse or endorses candidates in elections for more than one jurisdiction that are part of the 2014 general local election,
has a campaign account, but does not have a campaign account for each election campaign, the financial agent for the candidate or the financial agent for the elector organization, as applicable, must establish, within 14 days after the date of Royal Assent of this Act and in accordance with the new legislation, additional campaign accounts in order to have at least one campaign account for each election campaign.
198 (1) In this section:
"former recording requirements" means the applicable requirements and obligations under section 88 [financial agent must record contributions and expenses] of the Local Government Act or section 60 [financial agent must record contributions and expenses] of the Vancouver Charter, as those provisions read immediately before their repeal by this Act;
"new recording requirements" means the applicable requirements and obligations under section 22 [recording requirements, including records of campaign contributions, election expenses and transfers] of the Local Elections Campaign Financing Act.
(2) For the purposes of applying the new recording requirements in relation to the 2014 general local election in respect of
(a) campaign contributions received or accepted before the date of Royal Assent of this Act,
(b) transfers made or accepted before the date of Royal Assent of this Act,
(c) property or services as described in section 13 (6) [campaign contributions to candidate or elector organization] of the Local Elections Campaign Financing Act transferred or provided before the date of Royal Assent of this Act, and
(d) election expenses used or incurred before the date of Royal Assent of this Act,
the new recording requirements are satisfied if a financial agent for a candidate or a financial agent for an elector organization, as applicable, uses best efforts to comply with the new recording requirements where those differ from the former recording requirements.
(3) Section 22 (3) and (4) [recording requirements, including records of campaign contributions, election expenses and transfers] of the Local Elections Campaign Financing Act applies to records created under the former legislation or this Act in relation to the 2014 general local election.
(4) An individual who contravenes the provisions referred to in subsection (3) as they apply under that subsection commits an offence.
(5) Section 86 [lower penalty offences] of the Local Elections Campaign Financing Act applies to an offence under subsection (3).
199 If, on the date of Royal Assent of this Act, a jurisdiction holds surplus campaign funds, including accumulated interest, in trust for a candidate under section 89.1 [transfer of candidate's surplus campaign funds] of the Local Government Act or section 61.1 [transfer of candidate's surplus campaign funds] of the Vancouver Charter, the funds must be dealt with as follows:
(a) in respect of a candidate who was declared a candidate in the general local election before the 2014 general local election or in a by-election that is held before the 2014 general local election, the jurisdiction must pay the funds to the financial agent for the candidate for use in the 2014 general local election;
(b) if the funds are not paid out under paragraph (a), the funds cease to be trust funds and become funds of that jurisdiction for use in the discretion of the local authority.
200 (1) In this section:
"former disclosure requirements" means the applicable requirements and obligations under sections 90 [duty to file disclosure statement] and 90.1 [duty to file supplementary reports] of the Local Government Act or sections 62 [duty to file disclosure statement] and 62.1 [duty to file supplementary reports] of the Vancouver Charter, as those provisions read immediately before their repeal by this Act;
"new disclosure requirements" means the applicable disclosure requirements under the Local Elections Campaign Financing Act.
(2) For the purposes of filing a disclosure statement or supplementary report under the new legislation in relation to the 2014 general local election in respect of
(a) campaign contributions received or accepted before the date of Royal Assent of this Act,
(b) transfers made or accepted before the date of Royal Assent of this Act,
(c) property or services as described in section 13 (6) [campaign contributions to candidate or elector organization] of the Local Elections Campaign Financing Act transferred or provided before the date of Royal Assent of this Act, and
(d) election expenses used or incurred before the date of Royal Assent of this Act,
the new disclosure requirements are satisfied if a financial agent for a candidate or a financial agent for an elector organization, as applicable, uses best efforts to comply with the new disclosure requirements where those differ from the former disclosure requirements.
201 On the date of Royal Assent of this Act, the disqualification list under the former legislation as it exists on that date is deemed to be the disqualification list under section 60 [disqualification list to be maintained] of the Local Elections Campaign Financing Act for the purposes of the 2014 general local election.
Division 3 — Third Party Sponsors
202 In this Division:
"sponsor" means an individual or organization that intends to sponsor third party advertising under the new legislation in relation to the 2014 general local election at the time the individual or organization receives a sponsorship contribution;
"sponsorship contribution" means a contribution received or accepted by a sponsor that would have been a sponsorship contribution under the new legislation if the new legislation had been in force at the time the contribution was made.
203 (1) In this section, "third party sponsor recording requirements" means the applicable requirements and obligations under section 36 [records of sponsorship contributions and sponsored advertising] of the Local Elections Campaign Financing Act.
(2) For the purposes of applying the third party sponsor recording requirements in relation to the 2014 general local election in respect of a sponsorship contribution received or accepted before the date of Royal Assent of this Act, the third party sponsor recording requirements are satisfied if a sponsor uses best efforts to comply with the third party sponsor recording requirements.
(3) Despite subsection (2), if a sponsorship contribution is an anonymous sponsorship contribution that is described in section 34 (1) (a) or (b) [restrictions on making sponsorship contributions] of the Act and is received on or after the day after the date of First Reading of the Local Elections Campaign Financing Act and before the date of Royal Assent of this Act, the sponsor must maintain records of the following for each anonymous sponsorship contribution:
(a) the circumstances in which the anonymous sponsorship contribution was received;
(b) the value of the anonymous sponsorship contribution;
(c) the date on which the anonymous sponsorship contribution was made;
(d) when and how the anonymous sponsorship contribution was dealt with in accordance with section 35 [dealing with prohibited sponsorship contributions] of the Act;
(e) any other information required by regulation.
(4) Section 36 (3), (4) and (5) [records of sponsorship contributions and sponsored advertising] of the Local Elections Campaign Financing Act applies to records created under this Act in relation to the 2014 general local election.
(5) An individual who contravenes subsection (3) or the provisions referred to in subsection (4) as they apply under that subsection commits an offence.
(6) Section 86 [lower penalty offences] of the Local Elections Campaign Financing Act applies to an offence under subsection (4) or (5).
204 (1) In this section, "third party sponsor disclosure requirements" means the applicable disclosure requirements under the Local Elections Campaign Financing Act.
(2) For the purposes of filing a disclosure statement or supplementary report under the new legislation in relation to the 2014 general local election in respect of a sponsorship contribution received or accepted before the date of Royal Assent of this Act, the third party sponsor disclosure requirements are satisfied if a third party sponsor uses best efforts to comply with the third party sponsor disclosure requirements.
(3) Despite subsection (2), a disclosure statement must include the information in the records set out in section 202 (3) in respect of an anonymous sponsorship contribution described in that section.
Division 4 — Campaign Organizers
205 In this Division:
"campaign account" means a campaign account of a campaign organizer;
"disclosure statement" means the information and material that must be filed under section 209 [transition — campaign organizer disclosure statement];
"financial agent" means the financial agent for a campaign organizer.
206 The former legislation continues to apply in respect of a campaign organizer in relation to an election that is held before the 2014 general local election.
207 (1) Section 85 (4), (5), (6) and (8) [financial agent required for candidates, elector organizations and campaign organizers] of the Local Government Act or section 57 (4), (5), (6) and (8) [financial agent required for candidates, elector organizations and campaign organizers] of the Vancouver Charter, as applicable, continues to apply in relation to financial agents for the purposes of this Division.
(2) A campaign organizer must have a financial agent until the campaign organizer and financial agent have complied with this Division.
(3) A financial agent must continue to act as financial agent until the campaign organizer and the financial agent have complied with this Division or the financial agent has been replaced in accordance with section 85 of the Local Government Act or section 57 of the Vancouver Charter, as applicable.
208 (1) The following rules apply to campaign organizers in relation to the 2014 general local election:
(a) on or after the date of Royal Assent of this Act, a financial agent must not do any of the following in relation to a campaign account:
(i) accept or receive campaign contributions;
(ii) accept or receive a transfer;
(iii) make deposits;
(b) on or after the date of Royal Assent of this Act, a financial agent must not
(i) incur any election expenses on behalf of the campaign organizer, and
(ii) use money in a campaign account to pay or reimburse election expenses incurred on behalf of the campaign organizer on or after the date of Royal Assent of this Act;
(c) for certainty, a financial agent may use money in a campaign account to pay or reimburse election expenses incurred on behalf of the campaign organizer before the date of Royal Assent of this Act;
(d) the financial agent must close all campaign accounts on or before general voting day for the 2014 general local election.
(2) A financial agent who contravenes this section commits an offence.
(3) Section 86 [lower penalty offences] of the Local Elections Campaign Financing Act applies to an offence under this section.
209 (1) The financial agent must record and maintain records sufficient to allow compliance with disclosure requirements under this Division.
(2) The records and material required under this section must be maintained as follows:
(a) by the financial agent until all campaign organizer disclosure requirements under this Division have been fulfilled;
(b) after campaign organizer disclosure requirements under this Division have been fulfilled, by the following until 5 years after the general voting day for the 2014 general local election:
(i) if the campaign organizer is an individual, the campaign organizer;
(ii) if the campaign organizer is an organization, the chief official of the campaign organizer.
(3) The records and material required under this section must be retained in British Columbia.
(4) The recording, maintenance and retention of records and material under this section and related receipts must be done in accordance with any requirements established by regulation.
(5) A campaign organizer, financial agent or chief official who contravenes this section commits an offence.
(6) Section 86 [lower penalty offences] of the Local Elections Campaign Financing Act applies to an offence under this section.
210 (1) The financial agent must file with the BC chief electoral officer a disclosure statement, and the campaign organizer must ensure that the financial agent files a disclosure statement as required.
(2) The disclosure statement must include information respecting the following, provided in accordance with the regulations:
(a) the name and address of the savings institution for each campaign account of the campaign organizer;
(b) the names of the candidates and elector organizations in relation to which the campaign organizer undertook an election campaign;
(c) in relation to activities that occurred before the date of Royal Assent of this Act, the information required under section 90 (4) (a) to (f) [duty to file disclosure statement] of the Local Government Act or section 62 (4) (a) to (f) [duty to file disclosure statement] of the Vancouver Charter, as applicable;
(d) the amount, date and purpose of payments made out of a campaign account on or after the date of Royal Assent of this Act;
(e) the amount, date and purpose of transfers made out of a campaign account on or after the date of Royal Assent of this Act;
(f) the date that each campaign account is closed;
(g) any other information prescribed by regulation.
(3) The disclosure statement must be in a form approved by the BC chief electoral officer and, as applicable, must be filed in accordance with the regulations, comply with any other requirements established by regulation and be accompanied by any other information or material required by regulation.
(4) The following sections of the Local Elections Campaign Financing Act apply in relation to the disclosure statement:
(a) section 47 [time limits for filing disclosure statements];
(b) section 48 [notice of failure to file within no-penalty fee period].
(5) Section 91 [court order relief from filing obligations] of the Local Government Act or section 63 [court order relief from filing obligations] of the Vancouver Charter, as applicable, applies in relation to the disclosure statement.
(6) If a campaign organizer does not file a disclosure statement in accordance with this section within the applicable time, the campaign organizer commits an offence and the financial agent commits an offence.
(7) Section 86 [lower penalty offences] of the Local Elections Campaign Financing Act applies to an offence under this section.
211 (1) The following penalties apply in relation to the failure to file a disclosure statement:
(a) in the case of an individual who
(i) is declared elected in the 2014 general local election, and
(ii) is a campaign organizer who does not file the disclosure statement as required under this Division,
the individual ceases to hold office as a member of the local authority and the seat of the member becomes vacant;
(b) in the case of an elector organization that
(i) endorsed one or more candidates in the 2014 general local election, and
(ii) is a campaign organizer that does not file the disclosure statement as required under this Division,
the elector organization is
(iii) disqualified from endorsing a candidate until after the next general local election, and
(iv) prohibited from accepting campaign contributions or incurring election expenses until after the next general local election;
(c) in the case of an individual or organization that
(i) sponsored third party advertising or registered under Division 3 [Registration of Third Party Sponsors] of Part 3 [Third Party Elections Advertising] of the Local Elections Campaign Financing Act in the 2014 general local election, and
(ii) is a campaign organizer that does not file the disclosure statement as required under this Division,
the sponsor is
(iii) disqualified from endorsing a candidate until after the next general local election, and
(iv) prohibited from accepting campaign contributions or incurring election expenses until after the next general local election.
(2) The sections referenced in paragraphs (a) and (b) of this subsection apply to disqualifications and prohibitions under subsection (1) of this section as follows:
(a) section 92 (2) to (4) [candidate disqualification for failure to file disclosure statement] of the Local Government Act or section 64 (2) to (4) [candidate disqualification for failure to file disclosure statement] of the Vancouver Charter, as applicable, applies to subsection (1) (a) of this section;
(b) section 92.1 (2) and (3) [disqualification of elector organization or campaign organizer for failure to file disclosure statement] of the Local Government Act or section 64.1 (2) and (3) [disqualification of elector organization or campaign organizer for failure to file disclosure statement] of the Vancouver Charter, as applicable, applies to subsection (1) (b) and (c) of this section.
(3) In applying sections 92 and 92.1 of the Local Government Act or sections 64 and 64.1 of the Vancouver Charter, a reference to "late filing period" must be read as the period that begins 91 days after the general voting day for the 2014 general local election and ends 120 days after the general voting day for the 2014 general local election.
Division 5 — Court Proceedings
212 For certainty, if a candidate, elector organization or campaign organizer applied to the Supreme Court for relief from filing obligations under the former legislation, the former legislation continues to apply to the court proceedings until a final determination has been made.
Division 6 — Commencement
213 The provisions of this Act referred to in column 1 of the following table come into force as set out in column 2 of the table:
| Item | Column 1 Provisions of Act |
Column 2 Commencement |
| 1 | Anything not elsewhere covered by this table | The date of Royal Assent |
| 2 | Part 2 | January 1, 2016 |
| 3 | Divisions 1 to 5 of Part 3 | The day after the date of First Reading |