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Volume 48, No. 4

B.C. Reg.47/2005

The British Columbia Gazette,

Part II

February 22, 2005

B.C. Reg. 47/2005, deposited February 16, 2005, pursuant

to the REFERENDUM ACT [Section 6]. Order in Council 119/2005,

approved and ordered February 15, 2005.

On the recommendation of the undersigned, the Lieutenant Governor,

by and with the advice and consent of the Executive Council, orders that the

attached Electoral Reform Referendum Regulation is made.

— P. G. PLANT,

Attorney General and Minister Responsible for Treaty Negotiations; S. BOND ,

Presiding Member of the Executive Council.

ELECTORAL REFORM REFERENDUM REGULATION

Contents

Definitions

Referendum proceedings

Referendum voting to be on an electoral district basis

Who may vote in the referendum

Where a person may vote in the referendum

Voter may vote in either or both of the election and the referendum

Referendum ballots and voting

Other referendum voting materials

Report of the Citizens' Assembly on Electoral Reform

Rules for accepting and rejecting referendum ballots

Initial count proceedings

Final count proceedings

Referendum advertising

Offences in relation to referendum

Application of the Election Act generally

Schedule — Referendum Ballot

Definitions

(1) In this regulation:

"election ballot" means a ballot under the Election

Act for the general election;

"general election" means the general election required

under the Constitution Act to be held in May 2005;

"referendum" means the referendum required under

the Electoral Reform Referendum Act to be held in conjunction with the

general election;

"referendum advertising" means advertising used during the referendum campaign period to promote or oppose, directly or indirectly, a specific response in voting in the referendum;

"referendum ballot" means a ballot for the referendum

as described in

section 7 of this regulation;

"referendum campaign period" means, in relation

to the referendum, the period beginning on March 1, 2005 and ending

at the close of general voting for the referendum.

(2) Subject to this regulation, the

definitions in the

Election Act apply to this regulation.

Referendum proceedings

(1) The referendum is to be conducted in conjunction

with the 2005 general election, in accordance with the Referendum Act ,

the Electoral Reform Referendum Act and this regulation.

(2) Subject to this regulation, the procedures for conducting the referendum voting and counting are to be the same as the procedures for conducting the voting and counting for the general election.

(3) The chief electoral officer and other election officials responsible for the general election proceedings are also responsible for the equivalent referendum proceedings.

Referendum voting to be on an electoral district basis

3 The referendum is to be conducted in all electoral

districts in British Columbia, with the voting conducted separately for each

electoral district in conjunction with the election being held for the electoral

district.

Who may vote in the referendum

4 An individual is entitled to vote in the referendum

voting for an electoral district if the individual is entitled to vote in the

election for the electoral district.

Where a person may vote in the referendum

5 An individual may vote in the referendum

(

a) at any voting opportunity at which the individual is entitled to vote in the general election, or

(

b) by alternative absentee voting under Division 5 of

Part 6 of the Election Act , if the individual is entitled to vote this

way in the general election.

Voter may vote in either or both of the election and the referendum

(1) Subject to this section, a voter may vote

in either or both of

(

a) the electoral district election for which the voter is entitled to vote, and

(

b) the referendum voting for that electoral district.

(2) A voter who wishes to vote in both the election and the referendum may only obtain the ballots at the same time.

(3) If a voter chooses to obtain a ballot to vote only in the election or only in the referendum, but not both, the election official responsible must note against the voter's name in the voting book which ballot was declined.

Referendum ballots and voting

(1) The referendum ballots must be in the form

established by the

Schedule to this regulation and must be printed in such a

manner that they are distinguishable from the election ballots when completed

and folded.

(2) An individual votes in the referendum by making a cross or tick mark in the blank space provided on the referendum ballot opposite the response that the individual wishes to give to the question on the ballot.

(3) If

(

a) an individual is voting in both the general election and the referendum, and

(

b) the voting procedures require the use of a secrecy envelope that is to be placed in a certification envelope,

both the election ballot and the referendum ballot must be placed in the same secrecy envelope.

(4) In addition to the persons permitted to be present

under

section 93 [individuals who may be present at voting proceedings]

of the Election Act , any member of the Citizens' Assembly on Electoral

Reform who wishes to be present may be present at a voting place while voting

proceedings for the referendum are being conducted.

Other referendum voting materials

(1) The ballot boxes for the general election

are to be used for both the general election and the referendum voting, with

both election ballots and referendum ballots being deposited in the same ballot

boxes.

(2) The voting books for the general election are to be used for both the general election and the referendum, and for this purpose must include a space for recording that a voter has declined to obtain an election ballot or a referendum ballot.

Report of the Citizens' Assembly

on Electoral Reform

9 A copy of the Final Report of the British Columbia

Citizens' Assembly on Electoral Reform must be available for voters at each

voting opportunity.

Rules for accepting and rejecting

referendum ballots

(1) This

section applies to referendum ballots

in place of

section 123 of the Election Act .

(2) A ballot must be rejected if any of the following applies:

(

a) the ballot physically differs from the ballots officially provided for the voting proceedings for which the counting is being conducted;

(

b) there is no mark referred to in subsection (3) on it;

(

c) the ballot is uniquely marked, or otherwise uniquely dealt with, in such a manner that the voter could reasonably be identified;

(

d) the ballot is marked as voting for more than one response to the referendum question;

(

e) the ballot does not clearly indicate the intention of the voter to vote for a response to the referendum question.

(3) Unless rejected under subsection (2), any of the following marks on a referendum ballot is to be accepted and counted as a vote for the applicable response to the referendum question:

(

a) a cross in or partly in the blank space provided on the ballot opposite the response;

(

b) a tick mark that is placed in the location referred to in paragraph (a);

(

c) a mark other than one referred to in paragraph (

a) or (

b) that

(

i) is placed in the location referred to in paragraph (a), and

(ii) clearly indicates the intention of the voter to vote for the response.

Initial count proceedings

(1) The initial counts of the votes on election

ballots and referendum ballots in a ballot box must proceed as follows:

(

a) ballot accounts are to be prepared in accordance

with

section 120 (1) (

a) of the Election Act , separately

for election ballots and for referendum ballots;

(

b) the ballot box is to be opened in accordance with

section 120 (1) (

b) of the Election Act ;

(

c) the certification envelopes are to be removed in

accordance with

section 120 (1) (

c) of the Election Act ;

(

d) the election ballots are to be separated from the referendum ballots;

(

e) the election ballots and ballot account are to be

dealt with in accordance with

section 120 (1) (

d) and (

e) of the Election Act ;

(

f) the election ballots and other election materials

are to be packaged in accordance with

section 126 (1) and (2)

of the Election Act ;

(

g) the referendum ballots and ballot account are to

be dealt with in accordance with

section 120 (1) (

d) and (

e) of the Election Act ;

(

h) the referendum ballots and other referendum materials

are to be packaged in accordance with

section 126 (1) and (2)

of the Election Act ;

(

i) the election and referendum ballots and materials

are to be dealt with in accordance with

section 126 (3) and (4)

of the Election Act , completing the requirements of

section 120 (1) (

f) of that Act for both the election ballots and referendum ballots.

(2) The individuals entitled to be present at an initial count for the referendum are

(

a) the individuals who were entitled to be present at

the equivalent initial count for the general election, and

(

b) any member of the Citizens' Assembly on Electoral Reform who wishes to be present.

Final count proceedings

(1) The final counts of the votes on election

ballots and referendum ballots for an electoral district must proceed in accordance

with

section 132 of the Election Act , subject to the adaptations

established by this section.

(2) In considering certification envelopes under

section

132 (1) (

a) of the Election Act ,

section 134 (1) [envelopes

to remain unopened] of that Act also applies if the individual identified

on the envelope as using it to vote appears to be voting more than once in the

referendum.

(3) The ballot accounts for each class of certification

envelope under

section 132 (1) (

b) of the Election Act

are to be prepared separately for election ballots and for referendum ballots,

and separate ballot boxes are to be used for election ballots and for referendum

ballots to be considered on the final counts after having been dealt with under

section 132 (1) (

c) of the Election Act and this

section.

(4) In dealing with certification envelopes under

section

132 (1) (

c) of the Election Act , if a certification envelope contains

a secrecy envelope and either an election ballot or referendum ballot outside

the secrecy envelope, the election official responsible must open the secrecy

envelope to determine whether there is a ballot in that envelope and then proceed

as follows:

(

a) if there is no ballot in the secrecy envelope, the election official must place the ballot that was outside the secrecy envelope in the ballot box to be used for the final count, with care to conceal any marking on the ballot from other individuals present;

(

b) if there is a single ballot in the secrecy envelope that is of the other type (election or referendum) from the ballot that was outside the secrecy envelope, the election official must place the ballots in the ballot box to be used for the final count, with care to conceal any marking on them from other individuals present;

(

c) if there is a single ballot in the secrecy envelope that is of the same type as the ballot that was outside the secrecy envelope,

(

i) the ballot from the secrecy envelope must be returned to the secrecy envelope and that envelope sealed,

(ii) the secrecy envelope and the ballot that was outside

the secrecy envelope must be resealed in the certification envelope,

(iii) the certification envelope must be marked as having been dealt with under this provision, and

(iv) the certification envelope must remain unopened and the ballots in it must not be considered on the final count;

(

d) if there is more than one ballot in the secrecy envelope,

(

i) the ballots from the secrecy envelope must be returned to the secrecy envelope and that envelope sealed,

(ii) the secrecy envelope and the ballot that was outside

the secrecy envelope must be resealed in the certification envelope,

(iii) the certification envelope must be marked as having been dealt with under this provision, and

(iv) the certification envelope must remain unopened and the ballots in it must not be considered on the final count.

(5) The individuals entitled to be present at the final count for the referendum are

(

a) the individuals who were entitled to be present at the equivalent final count for the general election, and

(

b) any member of the Citizens' Assembly on Electoral Reform who wishes to be present.

(6) Following completion of the final count, the district electoral officer must immediately inform the chief electoral officer of the referendum results for the electoral district.

(7) The chief electoral officer may make an application

under

section 139 [application for judicial recount] of the Election Act

in relation to one or more electoral districts if, after the end of the final

count, the chief electoral officer considers that the results in an electoral

district or throughout the Province are sufficiently close to the thresholds

established by

section 3 (2) [requirements for referendum to be

binding] of the Electoral Reform Referendum Act that a judicial recount

is appropriate.

Referendum advertising

(1) Part 11 [Election Communications]

of the Election Act , other than the provisions referred to in subsection (2),

is adopted and applies in relation to the referendum as if it were an election

for a candidate in the general election and, without limiting this, that

Part

is adopted and applies to referendum advertising as if it were election advertising

in relation to an election for a candidate in the general election.

(2) The following provisions of

Part 11 of the Election

Act do not apply in relation to the referendum:

(

a) section 232 [restriction on rates charged for

election advertising] ;

(b)

section 239 (2) [registration exception for candidates,

parties and constituency associations] ;

(

c) section 243 [reregistration] ;

(d)

section 244 (3) [report filing exception for candidates,

parties and constituency associations] ;

(e)

section 245 (1) (b) [contributions to be disclosed] .

(3) Section 234 [restriction on election campaigning

near election offices and voting places] of the Election Act

does not apply in relation to copies of the Final Report of the British Columbia

Citizens' Assembly on Electoral Reform.

(4) In place of

section 245 (1) (b) [contributions

to be disclosed] of the Election Act , a report under that

section

in relation to referendum advertising must include the amount of contributions

accepted by the sponsor during the referendum campaign period, reported in accordance

with subsections (2) to (4) of that section.

Offences in relation to referendum

(1) Part 12 [Offences] of the Election

Act , other than the provisions referred to in subsection (2), is adopted

and applies in relation to the referendum as if it were an election for a candidate

in the general election.

(2) The following provisions of

Part 12 of the Election

Act do not apply in relation to the referendum:

(a)

section 255 (6) [donations by candidate] and

(7) (

b) and (c) [penalties related to holding office and voting] ;

(

b) section 259 [offences in relation to candidates] ;

(

c) section 262 [offences in relation to the registration

of political parties and constituency associations] ;

(

d) section 263 [offences in relation to election

financing] .

Application of the Election Act generally

(1) Subject to any modifications made by this

regulation, the following provisions of the Election Act are adopted

and apply to the referendum as if it were an election for a candidate in the

general election:

(

a) section 1 [definitions] ;

(

b) section 2 [time] ;

(

c) section 34 [updating registration information] ;

(

d) section 41 [registration in conjunction with voting] ;

(

e) Part 6 [Voting] ;

(

f) Part 7 [Counting the Vote] , other than the

following:

(

i) section 123 [rules for accepting and rejecting

ballots] ;

(ii)

section 124 [objections to the acceptance of

a vote or the rejection of a ballot] ;

(iii)

section 141 (1) (

c) and (d) [candidates and

candidates' agents may be present at judicial recount] ;

(iv)

section 146 [return of the writ of election] ;

(

v) section 147 [report of results of election by

chief electoral officer] ;

(vi)

section 148 [by-election if tie vote] ;

(

g) Part 13 [General] , other than

section 278

[enforcement of election expenses penalties] .

(2) Sections 276 [investigations and audits by chief

electoral officer] and 277 [complaints regarding contraventions]

of the Election Act apply in relation to any matter that may constitute

a contravention of the Referendum Act or a regulation under that Act.

(3) For the purpose of applying provisions of the Election Act

to the referendum in accordance with this regulation, the expressions in that

Act referred to in column 1 of the following table are to be read as references

to the indicated expressions in column 2 of the table:

Column 1: Election Act expressions

Column 2: to be read as

campaign period

referendum period

candidate

response to the referendum question

election

referendum

election advertising

referendum advertising

regulation

regulation under the Election Act or the Referendum Act

this Act

the Election Act , the Referendum Act or a regulation under

the Referendum Act

Schedule

Referendum Ballot

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