2017 Legislative Session: 2nd Session, 41st Parliament

FOR REPORT

The following electronic version is for informational purposes only.

The printed version remains the official version.

Certified correct as amended in Committee of the Whole on the 25th day of October, 2017

Craig James, Clerk of the House

HONOURABLE DAVID R. P. EBY

ATTORNEY GENERAL

BILL 5 – 2017

CONSTITUTION AMENDMENT ACT, 2017

HER MAJESTY, by and with the advice and consent of the Legislative Assembly of the Province of British Columbia, enacts as follows:

Section 1 of the Constitution Act, R.S.B.C. 1996, c. 66, is amended by striking out " 4 or more members " and substituting " 2 or more members ".

Section 11 is amended by striking out " while the other member is absent from the capital or unable from illness " and substituting " if the other member is deceased or while the other member is absent from the capital or otherwise unable ".

Section 23 (2) and (3) is repealed and the following substituted:

(2) Subject to subsection (1), a general voting day must occur on the third Saturday in October in the fourth calendar year following the general voting day for the most recently held general election.

(3) As an exception to subsection (2), if the campaign period for a general election to be held under that subsection would overlap with the campaign period for a general local election to be held under

section 52 of the Local Government Act or the election period for a federal general election to be held under

section 56.1 (2) or

section 56.2 of the Canada Elections Act , the general voting day for the general election must be held instead on a date to be specified under the Election Act that the Lieutenant Governor in Council determines to be suitable after consulting the Chief Electoral Officer, the Leader of the Official Opposition and each leader of a recognized political party.

(4) In this section, "general election" and "general voting day" have the same meaning as in

section 1 of the Election Act .

Transitional Provision

Transition

4 Despite

section 3 of the Election Act , the following amendments made by this Act to the Election Act apply to an election called after the date this

section comes into force regardless of when the election is called:

(

a) the amendment made by

section 5 of this Act to

section 24 of the Election Act ;

(

b) the amendment made by

section 6 of this Act to

section 76 of the Election Act .

Consequential Amendments

Election Act

Section 24 (1) (

c) of the Election Act, R.S.B.C. 1996, c. 106, is amended by adding " of this Act and

section 23 of the Constitution Act " after " in accordance with

section 27 ".

Section 76 (1) is repealed and the following substituted:

(1) Advance voting opportunities must be held during a period that consists of 6 consecutive days and commences

(

a) during a period that consists of 6 consecutive days and commences 8 days before general voting day for an election, or

(

b) if general voting day for an election falls on a Monday, during a period that consists of 6 consecutive days and commences 9 days before general voting day for the election , or

(

c) if one or more of the dates for an advance voting opportunity to be held under paragraph (

a) or (

b) falls on a holiday other than a Sunday, on 6 days during a period established by the chief electoral officer that

(

i) commences 12 days before general voting day for the election, and

(ii) ends at least 2 days before general voting day for the election .

Legislative Assembly Management Committee Act

Section 1 of the Legislative Assembly Management Committee Act, R.S.B.C. 1996, c. 258, is amended in the definition of "additional party" by striking out " 4 or more members " and substituting " 2 or more members ".

Commencement

8 The provisions of this Act referred to in column 1 of the following table come into force as set out in column 2 of the table:

Item

Column 1

Provisions of Act

Column 2

Commencement

Anything not elsewhere covered by this table

The date of Royal Assent

Section 1

On the day after the date this Act receives First Reading in the Legislative Assembly

Section 7

On the day after the date this Act receives First Reading in the Legislative Assembly

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c) Queen’s Printer, Victoria, British Columbia, Canada