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2014 Legislative Session: 2nd Session, 40th Parliament

FIRST READING

The following electronic version is for informational purposes only.

The printed version remains the official version.

HONOURABLE CORALEE OAKES

MINISTER OF COMMUNITY, SPORT

AND CULTURAL DEVELOPMENT

BILL 21 – 2014

LOCAL ELECTIONS STATUTES

AMENDMENT ACT, 2014

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

SECTION 1: [Community Charter,

section 81] extends the term of office for municipal council members from 3 years to 4 years, beginning with the 2014 general local election.

Section 81 (1) of the Community Charter, S.B.C. 2003, c. 26, is repealed and the following substituted: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.

SECTIONS 2 TO 4: [Community Charter, sections 101, 102 and 103] make consequential changes to replace a cross reference to

section 110 of the Act.

Section 101 (3) is repealed and the following substituted: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.

SECTIONS 2 TO 4: [Community Charter, sections 101, 102 and 103] make consequential changes to replace a cross reference to

section 110 of the Act.

Section 102 (2) is repealed and the following substituted: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.

SECTIONS 2 TO 4: [Community Charter, sections 101, 102 and 103] make consequential changes to replace a cross reference to

section 110 of the Act.

Section 103 (2) is repealed and the following substituted: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.

SECTIONS 5 TO 8: [Community Charter, sections 105, 106, 107 and 108] make consequential changes to replace a cross reference to

section 110 of the Act.

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.

SECTIONS 5 TO 8: [Community Charter, sections 105, 106, 107 and 108] make consequential changes to replace a cross reference to

section 110 of the Act.

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.

SECTIONS 5 TO 8: [Community Charter, sections 105, 106, 107 and 108] make consequential changes to replace a cross reference to

section 110 of the Act.

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.

SECTIONS 5 TO 8: [Community Charter, sections 105, 106, 107 and 108] make consequential changes to replace a cross reference to

section 110 of the Act.

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.

SECTION 9: [Community Charter,

section 108.1] moves this conflict of interest disqualification provision from

section 110 of the Act directly into the applicable Division of the Act.

9 The following

section is added:

Disqualification from office for contravening conflict rules

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.

SECTION 10: [Community Charter, heading to Division 7 of

Part 4] is consequential to moving the disqualification provisions of

section 110 of the Act directly into the relevant sections of the Act.

10 The heading to Division 7 of

Part 4 is repealed and the following substituted:

Division 7 – Challenge of Council Member Qualification for Office .

SECTION 11: [Community Charter,

section 110] is consequential to moving the disqualification provisions of

section 110 of the Act directly into the relevant sections of the Act.

Section 110 is repealed and the following substituted:

Disqualifications to which this Division applies

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] .

SECTION 12: [Community Charter,

section 111] is consequential to the proposed

section 110 of the Act.

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 ".

SECTION 13: [Community Charter,

section 120] moves the disqualification for failure to make the oath of office directly into the

section that establishes the requirement and time limit for making the oath and clarifies the effect of this disqualification.

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.

SECTION 14: [Community Charter,

section 125] moves the disqualification for failure to attend council meetings directly into the

section dealing with council meetings and clarifies the effect of this disqualification.

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.

SECTION 15: [Community Charter,

section 191] moves the time period for the disqualification under this

section in relation to the use of money contrary to the Act directly into the

section and clarifies the effect of this disqualification.

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.

SECTION 16: [Community Charter,

section 194] broadens the application of the authority for fees to cover records in all forms, where the current provision refers only to documents, and allows the authority under this

section to be used in relation to fees for copies of publicly available election financing information.

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.

SECTION 17: [Community Charter,

section 276] adds the Local Elections Campaign Financing Act to the list of legislation on which the Provincial government must consult with the Union of British Columbia Municipalities before proposing changes.

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

SECTION 18: [Islands Trust Act,

section 6] makes consequential changes in relation to

proposed amendments to the Local Government Act respecting the meaning of "jurisdiction" and respecting the oath of office for regional district board members, and

updates and clarifies the application of Local Government Act and Community Charter provisions to trustees of the Islands Trust.

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

SECTION 19: [Local Government Act,

section 5] is consequential to using a more descriptive term to describe voting under

Part 4 of the Act and to repealing the Act's specialized definition of "jurisdiction".

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; .

SECTION 20: [Local Government Act,

section 9] is consequential to the proposed Local Elections Campaign Financing Act .

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.

SECTION 21: [Local Government Act,

section 33] makes definition changes consequential to the proposed Local Elections Campaign Financing Act and to proposed amendments to the Local Government Act by this Bill.

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; .

SECTION 22: [Local Government Act,

section 36] beginning with the next general local election, increases the term of office for local government officials from 3 years to 4 years.

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.

SECTION 23: [Local Government Act,

section 37] adds a reference to disqualifications under the proposed Local Elections Campaign Financing Act and adopts consistent language regarding time requirements.

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 ".

SECTION 24: [Local Government Act,

section 40] is consequential to repealing the Act's specialized definition of "jurisdiction".

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.

SECTION 25: [Local Government Act,

section 41] updates the oath of office for local government elections officials to add references to the exercise of powers parallel to the oath of office for provincial election officials.

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, .

SECTION 26: [Local Government Act,

section 42] adds responsibilities and authority in relation to the proposed Local Elections Campaign Financing Act .

Section 42 is repealed and the following substituted:

Chief election officer duties and powers

(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 .

SECTION 27: [Local Government Act,

section 49] makes changes consequential to repealing the Act's specialized definition of "jurisdiction" and to removing the penalty of disqualification from voting in relation to offences under local elections legislation.

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).

SECTION 28: [Local Government Act,

section 50]

makes changes consequential to repealing the Act's specialized definition of "jurisdiction", and

clarifies provisions respecting requirements for registration as a resident elector.

Section 50 is repealed and the following substituted:

Resident electors

(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.

SECTION 29: [Local Government Act,

section 51]

makes changes consequential to repealing the Act's specialized definition of "jurisdiction", and

clarifies provisions respecting requirements for registration as a

non-resident property elector.

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.

SECTIONS 30 TO 34: [Local Government Act, sections 53, 55, 56, 59 and 60] are consequential to repealing the Act's specialized definition of "jurisdiction".

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.

SECTIONS 30 TO 34: [Local Government Act, sections 53, 55, 56, 59 and 60] are consequential to repealing the Act's specialized definition of "jurisdiction".

Section 55 (3) is amended by striking out " the jurisdiction. " and substituting " the municipality or electoral area. "

SECTIONS 30 TO 34: [Local Government Act, sections 53, 55, 56, 59 and 60] are consequential to repealing the Act's specialized definition of "jurisdiction".

Section 56 (1) is amended by striking out " a jurisdiction " and substituting " a municipality or electoral area ".

SECTIONS 30 TO 34: [Local Government Act, sections 53, 55, 56, 59 and 60] are consequential to repealing the Act's specialized definition of "jurisdiction".

Section 59 (3) is amended by striking out " the jurisdiction " in both places and substituting " the municipality or electoral area ".

SECTIONS 30 TO 34: [Local Government Act, sections 53, 55, 56, 59 and 60] are consequential to repealing the Act's specialized definition of "jurisdiction".

Section 60 (1) is amended by striking out " the jurisdiction " and substituting " the municipality or electoral area ".

SECTIONS 35 TO 37: [Local Government Act, sections 61, 62 and 64] are consequential to repealing the Act's specialized definition of "jurisdiction".

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 ".

SECTIONS 35 TO 37: [Local Government Act, sections 61, 62 and 64] are consequential to repealing the Act's specialized definition of "jurisdiction".

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 ".

SECTIONS 35 TO 37: [Local Government Act, sections 61, 62 and 64] are consequential to repealing the Act's specialized definition of "jurisdiction".

Section 64 (3) and (4) is amended by striking out " the jurisdiction " and substituting " the municipality or electoral area ".

SECTION 38: [Local Government Act,

section 66] makes consequential amendments respecting disqualifications from holding local authority office.

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.

SECTION 39: [Local Government Act, heading to Division 6 of

Part 3] is consequential to separating the elector organizations endorsement provisions into the proposed Division 6.1 [Candidate Endorsement by Elector Organization] of

Part 3 of the Act.

39 The heading to Division 6 of

Part 3 is repealed and the following substituted:

Division 6 – Nomination of Candidates .

SECTION 40: [Local Government Act,

section 71] is consequential to repealing the Act's specialized definition of "jurisdiction".

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 .

SECTION 41: [Local Government Act,

section 72] makes changes consequential to the proposed Local Elections Campaign Financing Act .

Section 72 is repealed and the following substituted:

Nomination documents

(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.

SECTION 42: [Local Government Act,

section 72.1] makes changes consequential to the proposed Local Elections Campaign Financing Act .

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.

SECTION 43: [Local Government Act,

section 73] makes changes consequential to the proposed Local Elections Campaign Financing Act .

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 .

SECTION 44: [Local Government Act, sections 73.1 and 73.2] by the proposed

section 73.1, adds provisions respecting additional information changes that must be provided by a candidate and, by the proposed

section 73.2, separates the provisions regarding challenges of candidate nomination from those regarding challenges of elector organization endorsement of candidates.

44 The following sections are added to Division 6 of

Part 3:

Other information to be provided by candidate

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.

Challenge of nomination

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.

SECTION 45: [Local Government Act, Division 6.1 of

Part 3] establishes a new process regarding candidate endorsement by elector organizations.

45 The following Division is added to

Part 3:

Division 6.1 – Candidate Endorsement by Elector Organization

Candidate endorsement by elector organization

may be included on ballot

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.

Endorsement documents

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.

Other information to be provided by elector organization

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.

Withdrawal of endorsement on ballot

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.

Challenge of elector organization endorsement

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.

SECTION 46: [Local Government Act, Division 6.2 of

Part 3] is consequential to establishing new Divisions respecting candidate nomination and elector organization endorsement.

46 The following heading is added before

section 74:

Division 6.2 – Declaration of Candidates .

SECTION 47: [Local Government Act,

section 75] is consequential to separating the court challenge provisions respecting candidate nomination and elector organization endorsement.

Section 75 is repealed.

SECTION 48: [Local Government Act,

section 76] makes a consequential change to update a cross reference.

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.

SECTION 49: [Local Government Act,

section 77] is consequential to repealing the Act's specialized definition of "jurisdiction".

Section 77 (5) and (6) is amended by striking out " the jurisdiction " and substituting " the municipality or electoral area ".

SECTION 50: [Local Government Act,

section 79] repeals a

section that is to be replaced by the new provisions respecting candidate endorsement by an elector organization.

Section 79 is repealed.

SECTIONS 51 AND 52: [Local Government Act, sections 80 and 81] adopt consistent language regarding time requirements.

Section 80 (3) is amended by striking out " as soon as reasonably possible " and substituting " as soon as practicable ".

SECTIONS 51 AND 52: [Local Government Act, sections 80 and 81] adopt consistent language regarding time requirements.

Section 81 (2) (

c) is amended by striking out " as soon as reasonably possible " and substituting " as soon as practicable ".

SECTION 53: [Local Government Act, Division 8 of

Part 3] repeals current provisions respecting campaign financing matters that are to be dealt with by the proposed Local Elections Campaign Financing Act .

53 Division 8 [Campaign Financing] of

Part 3 is repealed.

SECTION 54: [Local Government Act,

section 94] is consequential to repealing the Act's specialized definition of "jurisdiction".

Section 94 (

d) is amended by striking out " jurisdiction. " and substituting " election. "

SECTION 55: [Local Government Act,

section 95] adopts consistent language regarding time requirements.

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.

SECTION 56: [Local Government Act,

section 97] is consequential to repealing the Act's specialized definition of "jurisdiction" and adopts consistent language regarding time requirements.

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.

SECTIONS 57 TO 59: [Local Government Act, sections 99, 100 and 101] are consequential to repealing the Act's specialized definition of "jurisdiction".

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.

SECTIONS 57 TO 59: [Local Government Act, sections 99, 100 and 101] are consequential to repealing the Act's specialized definition of "jurisdiction".

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 .

SECTIONS 57 TO 59: [Local Government Act, sections 99, 100 and 101] are consequential to repealing the Act's specialized definition of "jurisdiction".

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.

SECTION 60: [Local Government Act,

section 105] makes changes consequential to the proposed process for elector organization endorsement of candidates.

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.

SECTION 61: [Local Government Act,

section 116] is consequential to repealing the Act's specialized definition of "jurisdiction".

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 ".

SECTION 62: [Local Government Act,

section 123] adopts consistent language regarding time requirements.

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.

SECTION 63: [Local Government Act,

section 138] is consequential to repealing the Act's specialized definition of "jurisdiction".

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, .

SECTION 64: [Local Government Act,

section 142] adopts consistent language regarding time requirements.

Section 142 (4) is amended by striking out " As soon as possible " and substituting " As soon as practicable ".

SECTION 65: [Local Government Act,

section 143] makes changes consequential to repealing the Act's specialized definition of "jurisdiction", and adopts consistent language regarding time requirements.

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.

SECTION 66: [Local Government Act,

section 144] adopts consistent language regarding time requirements.

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.

SECTION 67: [Local Government Act,

section 150] makes changes consequential to the separation of candidate nomination documents from elector organization endorsement documents, and adopts consistent language regarding time requirements.

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 ".

SECTION 68: [Local Government Act,

section 152.1] repeals a provision respecting election advertising on general voting day, the effect of which is to be included in the proposed Local Elections Campaign Financing Act .

Section 152.1 is repealed.

SECTION 69: [Local Government Act,

section 153] makes changes consequential to

the proposed process for candidate nomination and endorsement, and

the proposed Local Elections Campaign Financing Act .

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 .

SECTION 70: [Local Government Act,

section 153.2] replaces the currently applicable limitation period of 6 months.

70 The following

section is added:

Time limit for starting prosecution

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.

SECTION 71: [Local Government Act,

section 154]

extends the time of disqualification for certain offences and clarifies the application of that disqualification,

removes a reference to a section, the effect of which is proposed to be moved to the Local Elections Campaign Financing Act , and

removes disqualifications from voting or holding office from the penalties that may be imposed by the court in a prosecution for local election offences under

section 153 of the Act.

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.

SECTION 72: [Local Government Act,

section 155] is consequential to moving election financing rules to the proposed Local Elections Campaign Financing Act .

Section 155 is repealed and the following substituted:

Ministerial orders in special circumstances

(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.

SECTION 73: [Local Government Act,

section 156] makes changes consequential to the proposed process for candidate endorsement by an elector organization and to the proposed Local Elections Campaign Financing Act .

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] ; .

SECTION 74: [Local Government Act, heading to

Part 4] is consequential to using the more explanatory "assent voting" term.

74 The heading to

Part 4 is repealed and the following substituted:

Part 4 – Assent Voting .

SECTION 75: [Local Government Act,

section 157] uses a more explanatory "assent voting" term to describe voting to which this Part of the Act applies.

Section 157 is repealed and the following substituted:

Definitions

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.

SECTION 76: [Local Government Act,

section 158] makes changes consequential to adding a definition for "election area" and repealing the Act's specialized definition of "jurisdiction".

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.

SECTION 77: [Local Government Act, heading to Division 3 of

Part 4] is consequential to using the more explanatory "assent voting" term.

77 The heading to Division 3 of

Part 4 is repealed and the following substituted:

Division 3 – Proceedings for Assent Voting .

SECTION 78: [Local Government Act,

section 161] makes changes consequential to repealing the Act's specialized definition of "jurisdiction".

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.

SECTIONS 79 TO 81: [Local Government Act, sections 163, 164 and 170] make changes consequential to repealing the Act's specialized definition of "jurisdiction".

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.

SECTIONS 79 TO 81: [Local Government Act, sections 163, 164 and 170] make changes consequential to repealing the Act's specialized definition of "jurisdiction".

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 ".

SECTIONS 79 TO 81: [Local Government Act, sections 163, 164 and 170] make changes consequential to repealing the Act's specialized definition of "jurisdiction".

Section 170 (4) is amended by striking out " jurisdiction " and substituting " municipality or regional district ".

SECTION 82: [Local Government Act, Divisions 3 and 4 of

Part 4] makes changes consequential to using a more explanatory term for the elector assent voting that is the primary voting to which this Part of the Act applies.

82 Divisions 3 and 4 of

Part 4 are amended by striking out " other voting " wherever it appears and substituting " assent voting ".

SECTION 83: [Local Government Act,

section 210] adds authority for regional district boards to establish their own oath of office and moves the disqualification provision respecting failure to make the oath of office directly into the

section to which it applies.

Section 210 is repealed and the following substituted:

Oath of office for board members

(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.

SECTION 84: [Local Government Act,

section 222.1] moves the disqualification provision respecting failure to attend regional district board meetings directly into the

section respecting board meetings.

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.

SECTION 85: [Local Government Act,

section 312] adopts consistent language regarding time requirements.

Section 312 (3) is amended by striking out " as soon as reasonably possible " and substituting " as soon as practicable ".

SECTION 86: [Local Government Act,

section 363] broadens the application of this authority to cover records in all forms, where the current provision refers only to documents, and allows the authority under this

section to be used in relation to fees for copies of publicly available election financing information.

Section 363 (2) (

f) is repealed and the following substituted:

(

f) establish fees for obtaining copies of records that are available for public inspection.

SECTION 87: [Local Government Act,

section 787.1] removes a reference to

section 110 of the Community Charter as a consequence of proposed changes to that section.

Section 787.1 (3) is repealed.

SECTIONS 88 AND 89: [Local Government Act, sections 795.1 and 795.43] are consequential to repealing the Act's specialized definition of "jurisdiction".

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).

SECTIONS 88 AND 89: [Local Government Act, sections 795.1 and 795.43] are consequential to repealing the Act's specialized definition of "jurisdiction".

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.

SECTION 90: [Local Government Act,

section 838] is consequential to extending the term of office for elected members of local governments from 3 years to 4 years.

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 .

SECTIONS 91 AND 92: [Local Government Act, sections 855 and 998] adopt consistent language regarding time requirements.

Section 855 (2) is amended by striking out " as soon as possible " and substituting " as soon as practicable ".

SECTIONS 91 AND 92: [Local Government Act, sections 855 and 998] adopt consistent language regarding time requirements.

Section 998 (1) is amended by striking out " As soon as possible " and substituting " As soon as practicable ".

School Act

SECTION 93: [School Act,

section 1] is consequential to replacing the specialized definition of "jurisdiction" in the Local Government Act .

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; .

SECTION 94: [School Act,

section 32] is consequential to removing disqualification from voting from the penalties that may be imposed by the court in a prosecution for certain local election offences.

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.

SECTION 95: [School Act,

section 33] makes consequential amendments in relation to disqualification from holding office on a board of education.

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; .

SECTION 96: [School Act,

section 35] extends the term of office for school trustees from 3 years to 4 years.

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.

SECTION 97: [School Act,

section 36] is consequential to moving campaign financing provisions to the proposed Local Elections Campaign Financing Act .

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 ; .

SECTION 98: [School Act,

section 38] is consequential to changing terminology used in the Local Government Act .

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 ".

SECTION 99: [School Act,

section 39] repeals a provision consequential to removing the penalty of disqualification from voting in relation to offences under local elections legislation.

Section 39 (2) (

c) is repealed.

SECTION 100: [School Act,

section 40] corrects terminology in this provision respecting resident electors to parallel

section 41 of the Act governing non-resident electors.

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; ".

SECTION 101: [School Act,

section 43] replaces the term "jurisdiction" for consistency with the proposed amendment to the Local Government Act .

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 ".

SECTION 102: [School Act,

section 45]

replaces the term "jurisdiction" for consistency with amendments to the Local Government Act proposed to be made by this Bill,

clarifies how local elections legislation, as it refers to "minister", is to be read in its application to school trustee elections conducted by the board, and

adds a restriction respecting local government bylaws establishing a minimum number of nominators.

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] .

SECTION 103: [School Act,

section 46] for a school trustee election conducted by a municipality, parallels the proposed

section 45 of the Act to give the board of education authority to establish the minimum number of nominators that may be required in the election.

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.

SECTION 104: [School Act,

section 46.1] establishes the qualification rules that apply in relation to elector organizations endorsing candidates in board of education elections.

104 The following

section is added:

Candidate endorsement by elector organization

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.

SECTION 105: [School Act,

section 48] clarifies the application of election offence provisions under the Local Government Act and the Vancouver Charter to board of education elections.

Section 48 is repealed and the following substituted:

Election offences

(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.

SECTION 106: [School Act,

section 52] is consequential to having certain disqualification provisions moved into the proposed Local Elections Campaign Financing Act .

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.

SECTION 107: [School Act,

section 138] provides authority for regulations making provisions of the proposed Local Elections Campaign Financing Act in relation to assent voting apply to referendums under the School Act .

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 .

SECTION 108: [School Act,

section 166.14] is consequential to removing prohibitions against voting as a penalty under the Local Government Act .

Section 166.14 (3) (

c) is repealed.

SECTION 109: [School Act,

section 166.18] extends the term of office for regional trustees of a francophone education authority from 3 years to 4 years.

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.

SECTION 110: [School Act,

section 175] provides authority for regulations making provisions of the proposed Local Elections Campaign Financing Act apply to elections for regional trustees for a francophone education authority.

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

SECTION 111: [The Cultus Lake Park Act,

section 7] updates a cross reference in relation to elections for members of the Cultus Lake Park Board.

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

SECTION 112: [Vancouver Charter,

section 2] makes amendments to parallel

definitions for the Local Government Act and to add a general definition for the Vancouver Park Board.

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; .

SECTION 113: [Vancouver Charter,

section 2.1] deletes a reference to

section 92.3 of the Local Government Act , consequential to the proposed repeal of Division 8 of

Part 3 of that Act.

Section 2.1 (1) is amended by striking out the following item:

section 92.3 [disqualification list] ; .

SECTION 114: [Vancouver Charter,

section 7] makes definition changes, consequential to the proposed Local Elections Campaign Financing Act and to proposed amendments to the Vancouver Charter made by this Bill.

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; .

SECTION 115: [Vancouver Charter,

section 9] beginning with the next general local election, increases the term of office for members of the Vancouver City Council and Park Board from 3 years to 4 years.

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.

SECTION 116: [Vancouver Charter,

section 10] adds a reference to disqualifications under the proposed Local Elections Campaign Financing Act , and adopts consistent language regarding time requirements.

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 ".

SECTION 117: [Vancouver Charter,

section 13] makes changes consequential to the proposed definition of "election area".

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 ".

SECTION 118: [Vancouver Charter,

section 14] updates the oath of office for Vancouver elections officials to parallel that for provincial election officials.

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, .

SECTION 119: [Vancouver Charter,

section 15] adds responsibilities and authority in relation to the proposed Local Elections Campaign Financing Act .

Section 15 is repealed and the following substituted:

Chief election officer duties and powers

(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 .

SECTION 120: [Vancouver Charter,

section 22] makes changes consequential to removing the penalty of disqualification from voting in relation to offences under local elections legislation.

Section 22 (2) (

c) is repealed.

SECTION 121: [Vancouver Charter,

section 23] clarifies provisions respecting requirements for registration as a resident elector.

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.

SECTION 122: [Vancouver Charter,

section 24] clarifies provisions respecting requirements for registration as a non-resident elector.

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.

SECTION 123: [Vancouver Charter,

section 38] makes consequential amendments respecting disqualifications from holding office.

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.

SECTION 124: [Vancouver Charter, heading to Division (6) of

Part I] is consequential to the proposed Division (6.1) [Candidate Endorsement by Elector Organization] of

Part I of the Act.

124 The heading to Division (6) of

Part I is repealed and the following substituted:

Division (6) – Nomination of Candidates .

SECTION 125: [Vancouver Charter,

section 44] makes changes consequential to the proposed Local Elections Campaign Financing Act .

Section 44 is repealed and the following substituted:

Nomination documents

(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.

SECTION 126: [Vancouver Charter,

section 44.1] makes changes consequential to the proposed Local Elections Campaign Financing Act .

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.

SECTION 127: [Vancouver Charter,

section 45] makes changes consequential to the proposed Local Elections Campaign Financing Act .

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 .

SECTION 128: [Vancouver Charter, sections 45.1 and 45.2] by the proposed

section 45.1, adds provisions respecting additional information changes that must be provided by a candidate and, by the proposed

section 45.2, separates the provisions regarding challenges of candidate nomination from those regarding challenges of elector organization endorsement of candidates.

128 The following sections are added:

Other information to be provided by candidate

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.

Challenge of nomination

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.

SECTION 129: [Vancouver Charter, Division (6.1) of

Part I] establishes a new process regarding candidate endorsement by elector organizations.

129 The following Division is added to

Part I:

Division (6.1) – Candidate Endorsement by Elector Organization

Candidate endorsement by elector organization may be included on ballot

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.

Endorsement documents

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.

Other information to be provided by elector organization

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