414786120/96106/tlc96106_f

E4tlc96106

Interpretation and Application

Definitions

In this Act:

advance voting means voting under

section 97 at an advance voting opportunity;

advance voting opportunity means a voting opportunity under

section 76;

alternative voting option means an option for voting under Division 5 of

Part 6;

assisted telephone voting means voting in which an election official marks a ballot for an individual in accordance with the directions provided by the individual via telephone;

auditor means an auditor appointed under

section 179;

authorized drop-off location means any of the following:

the office of a district electoral officer;

a voting place;

a location specified by the chief electoral officer at which voters may return mail-in voting packages;

auxiliary compartment means a

section of the ballot box in which ballots can be temporarily stored

in the event that vote-counting equipment fails to operate, or

in any other event that requires temporary storage to facilitate voting proceedings;

ballot printer means the following:

a printer that is able to print a ballot;

any other prescribed electronic device that enables the printing of a ballot;

by-election means an election other than one conducted as part of a general election;

calling an election means calling an election within the meaning of

section 26 (3);

campaign period means, in relation to an election, the period between when the election is called and the close of final voting for the election;

campaign period election advertising means the transmission to the public by any means, during the campaign period, of an advertising message that promotes or opposes, directly or indirectly, a registered political party or the election of a candidate, including an advertising message that takes a position on an issue with which a registered political party or candidate is associated, but does not include

the publication without charge of news, an editorial, an interview, a column, a letter, a debate, a speech or a commentary in a bona fide periodical publication or a radio or television program,

the distribution of a book, or the promotion of the sale of a book, for no less than its commercial value, if the book was planned to be made available to the public regardless of whether there was to be an election,

the transmission of a document directly by a person or a group to their members, employees or shareholders, or

the transmission by an individual, on a non-commercial basis on the internet, or by telephone or other means of electronic communication, of the individual's personal political views;

candidate means an individual who is a candidate within the meaning of

section 63, and for the purposes of Parts 10, 10.1 and 11 includes an individual who becomes a candidate or who was a candidate;

candidate representative means the financial agent of a candidate, the official agent of a candidate or another candidate representative appointed under Division 3 of

Part 5;

chief electoral officer means an individual appointed under

section 4 as Chief Electoral Officer or under

section 9 as acting chief electoral officer;

close of final voting means the end of voting hours set under this Act for a final voting opportunity;

constituency association means an organization referred to in

section 157 (1);

contestant expense means a contestant expense within the meaning of

section 184;

contributor confirmation means a confirmation under

section 235.04 (3) (a);

contributor consent means consent under

section 235.04 (3) (b);

district electoral officer means a district electoral officer appointed under

section 18;

district registrar of voters means a district registrar of voters appointed under

section 22;

election means an election of an individual to serve as a member of the Legislative Assembly;

election advertising means the following:

campaign period election advertising;

pre-campaign period election advertising;

election expense means an election expense within the meaning of Division 2 of

Part 10;

election expenses limit means the applicable limit established by Division 5 of

Part 10;

election official means

the chief electoral officer and the deputy chief electoral officer,

an individual appointed as a district electoral officer or deputy district electoral officer under

section 18,

an individual appointed under

section 19 (1), or

an individual appointed as an election official for the purposes of

section 108;

election official responsible means, in relation to election proceedings, the election official assigned responsibility for those proceedings under this Act or by the chief electoral officer or the district electoral officer;

election opinion survey means an opinion survey respecting an election or a matter of public discussion in relation to the election, including an opinion survey respecting an issue discussed publicly in the election;

election period means, in relation to an election, the period between when the writ for the election is issued and the date set for the return of that writ;

Elections BC means the office administered by the chief electoral officer;

Elections BC authorized internet site means an internet site

maintained by Elections BC, or

authorized by the chief electoral officer to be used for purposes of this Act;

electoral district means an electoral district referred to in

section 18 of the Constitution Act ;

electronic vote-counting machine means a machine that scans a specified area on a ballot in order to count and tabulate votes;

electronic voting book means a voting book in electronic format;

eligible individual means an individual who is, or was immediately before the date of the individual's death,

a resident of British Columbia, and

a Canadian citizen or a permanent resident as defined in the Immigration and Refugee Protection Act (Canada);

final count means the count of votes conducted under Division 2 of

Part 7;

final voting means voting under

section 96 at a final voting opportunity;

final voting day means the day established by

section 27;

final voting opportunity means a voting opportunity under

section 75;

financial agent means a financial agent within the meaning of

section 175;

fundraising function includes a social function held for the purpose of raising funds for the organization or individual by whom or on whose behalf the function is held;

general election means, collectively, elections called on the same date for all electoral districts to elect all members of the Legislative Assembly;

holiday means

Sunday, Christmas Day, Good Friday and Easter Monday,

Canada Day, Victoria Day, British Columbia Day, Labour Day, National Day for Truth and Reconciliation, Remembrance Day, Family Day and New Year's Day,

December 26, and

a day set by the Parliament of Canada or by the Legislature, or appointed by proclamation of the Governor General or the Lieutenant Governor, to be observed as a day of general prayer or mourning, a day of public rejoicing or thanksgiving, a day for celebrating the birthday of the reigning Sovereign, or as a public holiday;

incur means,

in relation to an election expense or contestant expense, using property or services in such a manner that the value of the property or services is an election expense or contestant expense, and

in relation to an expense referred to in

section 194, using property or services in such a manner that the value of the property or services would be an election expense if the property or services had been used by or on behalf of a candidate, registered constituency association or registered political party;

independent means, in relation to an individual, an individual who is not a representative of a political party, either as a member of the Legislative Assembly or as a candidate;

inducement includes money, gift, valuable consideration, refreshment, entertainment, office, placement, employment and any other benefit of any kind and, for certainty, does not include merely transporting an individual to or from a voting opportunity;

initial count means the count of votes conducted under Division 1 of

Part 7;

intimidate means

to use or threaten to use force, violence or restraint against an individual,

to inflict injury, harm, damage or loss on an individual or property or to threaten to do any of these, or

to otherwise intimidate an individual or to threaten to do anything that is otherwise intimidation of an individual;

judicial recount means a judicial recount of votes conducted under Division 3 of

Part 7;

leadership contestant means an individual seeking the leadership of a registered political party, whether or not any other individual seeks that leadership, and for the purposes of Parts 10 and 11 includes an individual who becomes a leadership contestant or who was a leadership contestant;

list of future voters means the list of future voters under Division 4 of

Part 4;

list of voters means a list of voters prepared under Divisions 1 to 3 of

Part 4 that is all or part of the Provincial List of Voters referred to in

section 45;

mail-in voting package means a mail-in voting package referred to in

section 104.01;

major political party means a registered political party that has a representative appointed, or is eligible to appoint a representative under

section 14, to the Election Advisory Committee;

market value means, in relation to property or services, the lowest price charged for an equivalent amount of equivalent property or services in the market area at the relevant time;

money includes cash, a negotiable instrument and a payment by means of a credit card;

National Register of Electors information means information in the Register of Electors under the Canada Elections Act that is provided to the chief electoral officer in accordance with an agreement under

section 55 of that Act;

newspaper means a publication or local periodical that

contains items of news and advertising, and

is distributed at least weekly in the electoral district or other area that is affected by the matter for which notice is required by this Act to be published in a newspaper;

nomination contestant means an individual seeking nomination as a candidate representing a registered political party in an election, whether or not any other individual seeks that nomination, and for the purposes of Parts 10 and 11 includes an individual who becomes a nomination contestant or who was a nomination contestant;

nomination documents means the documents required by

section 54 (2) and (3);

nomination period means the period during which nominations for an election are accepted under

section 56;

official agent means the official agent of a candidate appointed under

section 69;

ordinary ballot means a ballot referred to in

section 86 (2);

organization means an incorporated or unincorporated organization;

permissible loan means a loan to

an organization or individual as referred to in

section 180 (1) (

a) to (e), or

a third party sponsor for the purpose of sponsoring election advertising

at a rate of interest that is not less than the prime rate of the principal banker to the government at the time the rate of interest for the loan is fixed;

personal contestant expenses means personal contestant expenses within the meaning of

section 184 (4);

personal election expenses means personal election expenses within the meaning of

section 183 (4);

political contribution means a political contribution within the meaning of Division 2 of

Part 10;

political party means an organization referred to in

section 155 (1);

pre-campaign period means the period beginning 60 days before the first day of a campaign period for a general election conducted in accordance with

section 23 (2) of the Constitution Act and ending on the day before the first day of the start of the campaign period;

pre-campaign period election advertising means the transmission to the public by any means, during the pre-campaign period, of an advertising message that is sponsored by a third party sponsor and directly promotes or opposes a registered political party or the election of a candidate, but does not include

the publication without charge of news, an editorial, an interview, a column, a letter, a debate, a speech or a commentary in a bona fide periodical publication or a radio or television program,

the distribution of a book, or the promotion of the sale of a book, for no less than its commercial value, if the book was planned to be made available to the public regardless of whether there was to be an election,

the transmission of a document directly by a person or a group to their members, employees or shareholders, or

the transmission by an individual, on a non-commercial basis on the internet, or by telephone or other means of electronic communication, of the individual's personal political views;

Provincial list of voters means the list of registered voters prepared under

section 45;

registered means,

in relation to a voter, registered under

Part 4,

in relation to a political party or constituency association, registered under

Part 9, and

in relation to a third party sponsor, an individual or organization registered as a third party sponsor under Division 3 of

Part 11;

resident means resident within the meaning of

section 32;

residential address means, in relation to voter registration and voting, an address that is sufficient within the meaning of

section 35 (2);

return of the writ means the return of the writ for an election to the chief electoral officer in accordance with

section 146;

secrecy enclosure means a secrecy envelope, secrecy sleeve or other means of keeping a ballot or other document secret;

solemn declaration means an oath or solemn affirmation in accordance with

section 268;

Speaker means the Speaker of the Legislative Assembly and an individual lawfully acting as Speaker or, if the office is vacant, the Clerk of the Legislative Assembly or any officer lawfully performing the duties of the Clerk;

special voting opportunity means a voting opportunity under

section 77;

specified fundraising function means a fundraising function that

is attended by one or more of the following:

a member of the Executive Council;

a parliamentary secretary;

iii

a leader of a major political party, and

is held for the purpose of raising funds for one or more of the following that holds the function or on whose behalf the function is held:

a major political party;

a candidate who is a representative of a major political party;

iii

a leadership contestant for a major political party;

a constituency association that is the local organization for a major political party;

a nomination contestant for a major political party;

sponsorship account means an account opened under

section 235.071 or 235.08;

sponsorship contribution means a sponsorship contribution within the meaning of sections 235.02 to 235.031, whether provided before or after the individual or organization acts as a third party sponsor;

spouse means a person who

is married to another person, or

is living with another person in a marriage-like relationship;

tax receipt means a receipt issued under

section 4.722 of the Income Tax Act ;

third party sponsor means an individual or organization, other than a candidate, registered political party or registered constituency association, that sponsors election advertising;

volunteer means, in relation to services, an individual providing the services as described in

section 180 (5) (a);

vote-counting equipment means the following:

an electronic vote-counting machine;

any other prescribed equipment to count or tabulate votes;

voter means an individual who meets the qualifications referred to in

section 31 to be registered as a voter under this Act;

voter for a voting area means a voter who is a voter for the electoral district for which the voting area is established and who is resident in that voting area;

voter for an electoral district means a voter who is qualified to be registered as a voter and to vote in an election for the electoral district;

voter number means the number assigned to a voter in a list of voters;

voter registration official means

the chief electoral officer and the deputy chief electoral officer,

a district registrar of voters or a deputy district registrar of voters appointed under

section 22, and

an individual appointed as a temporary voter registration official under

section 23;

voting area means an area of an electoral district established as a voting area under

section 80;

voting book means a book, in paper or electronic format, that includes the following information about voters:

the name of a voter;

the residential address of a voter;

any other information about a voter specified by the chief electoral officer;

voting hours means the hours established under this Act for voting at a voting opportunity;

voting opportunity means a voting opportunity referred to in

section 73 (

a) to (c);

voting place means a voting place under

section 75 for a final voting opportunity or under

section 76 for an advance voting opportunity;

voting station means a location referred to in

section 82 (1);

writ means, in relation to an election, an order of the chief electoral officer in the form of a writ under

section 26 directing a district electoral officer to conduct an election for the electoral district;

write-in ballot means a ballot referred to in

section 86 (5);

youth means a person who is 16 or 17 years of age.

For the purposes of the definition of "pre-campaign period election advertising",

an advertising message that directly promotes or opposes a registered political party is a message that

names the political party or includes a logo or likeness of a logo used by the political party, or

includes anything else prescribed by regulation, or

an advertising message that directly promotes or opposes the election of a candidate is a message that

names the candidate, includes an image or likeness of the candidate or identifies the candidate by voice or physical description, or

includes anything else prescribed by regulation.

Except in relation to sections 228.1, 231, 232, 264 (1) (

b) and (

c) and 283 (1) (m.1), the transmission of an advertising message, for the purposes of the

definitions of "campaign period election advertising" and "pre-campaign period election advertising", includes the following activities, if the activities are conducted on a commercial basis:

canvassing voters, in person or by telephone or other means of electronic communication, to attempt to influence how voters vote;

mailing, or transmitting on the internet, material that contains advertising messages.

Time

Times set under this Act are to be local times for the place at which the applicable proceedings under this Act are being conducted, unless otherwise expressly provided by this Act.

Subject to

section 27 (4), if the time set under this Act for doing anything falls or ends on a holiday, the time is extended to the next day that is not a holiday.

Amendments do not apply for 6 months unless notice given

Unless notice is given under subsection (2), an amendment to this Act does not apply to an election that is called within 6 months after the amendment comes into force.

After consulting with the Election Advisory Committee, the chief electoral officer may have published in the Gazette a notice that the necessary preparations for the application of an amendment to this Act have been made and that the amendment applies to any election that is called after the publication.

Act does not inhibit government or members

3.1

For greater certainty, nothing in this Act affects an officer, director, employee or agent of one of the following bodies in the doing of

an act necessary for carrying out the proper function of the body:

the government as reported through the consolidated revenue fund;

a government corporation within the meaning of the Financial Administration Act other than one that is a government corporation solely by reason of being, under

an Act, an agent of the government;

a corporation or organization that, under generally accepted accounting principles, is considered to be controlled by

the government as reported through the consolidated revenue fund, or

a government corporation within the meaning of the Financial Administration Act other than one that is a government corporation solely by reason of being, under

an Act, an agent of the government.

For greater certainty, nothing in this Act affects a member of the Legislative Assembly in the doing of

an act necessary for the performance of the member's duties.

Election and Other Officials

Chief Electoral Officer

Appointment of chief electoral officer

On the recommendation of the Legislative Assembly, the Lieutenant Governor must appoint as Chief Electoral Officer an individual who has been unanimously recommended for the appointment by a special Committee of the Legislative Assembly.

The chief electoral officer is an officer of the Legislature.

Impartiality

Before beginning to perform the duties of office, the chief electoral officer must make a solemn declaration before the Clerk of the Legislative Assembly to faithfully and impartially exercise the powers and perform the duties of office.

The chief electoral officer is not entitled to vote in an election.

The chief electoral officer must not

hold another office or engage in other employment,

be a member of, hold a position with or make a contribution to a registered political party, a registered constituency association or a political party or constituency association seeking registration, or

in relation to the individual's candidacy, hold a position with or make a contribution to an individual who is, intends to be or was a candidate in an election.

Term of office

The term of office for the chief electoral officer is from the date of appointment until 12 months after the date set for the return of the last writ for the second general election for which the chief electoral officer is responsible.

The chief electoral officer may be reappointed to further terms of office.

Remuneration and pension

The chief electoral officer

must be paid out of the consolidated revenue fund a salary equal to the salary paid to the chief judge of the Provincial Court of British Columbia, and

must be reimbursed for reasonable travelling and out of pocket expenses personally incurred in performing the duties of the office.

Subject to subsection (3), the Public Service Pension Plan, continued under the Public Sector Pension Plans Act , applies to the chief electoral officer.

When calculating the amount of a pension under the Public Service Pension Plan, each year of service as chief electoral officer must be counted as 1 1/2 years of pensionable service.

[Repealed 2003-62-1.]

Resignation, removal or suspension

The chief electoral officer may resign at any time by notifying the Speaker.

On the recommendation of the Legislative Assembly based on cause or incapacity, the Lieutenant Governor must, in accordance with the recommendation,

suspend the chief electoral officer, with or without salary, or

remove the chief electoral officer from office.

If the Legislative Assembly is not sitting, the Lieutenant Governor in Council may suspend the chief electoral officer, with or without salary, for cause or incapacity.

A suspension under subsection (3) ends not later than 30 sitting days of the Legislative Assembly after the suspension came into effect.

Acting chief electoral officer

On the recommendation of the Legislative Assembly in any of the following circumstances, the Lieutenant Governor must appoint an acting chief electoral officer:

the office of chief electoral officer is vacant;

the chief electoral officer appointed under

section 4 is suspended;

the chief electoral officer appointed under

section 4 is temporarily absent because of illness or another reason.

The Lieutenant Governor in Council may appoint an acting chief electoral officer in any of the following circumstances:

the office of chief electoral officer is or becomes vacant when the Legislative Assembly is not sitting;

the chief electoral officer appointed under

section 4 is suspended when the Legislative Assembly is not sitting;

the chief electoral officer is removed or suspended or the office of the chief electoral officer becomes vacant when the Legislative Assembly is sitting, but no recommendation is made by the Legislative Assembly under subsection (1) or

section 4 before the end of the session;

the chief electoral officer appointed under

section 4 is temporarily absent because of illness or another reason.

An acting chief electoral officer holds office until the earliest of the following:

a new chief electoral officer is appointed under

section 4;

the suspension of the chief electoral officer ends;

the chief electoral officer returns to office after the temporary absence;

in the case of an acting chief electoral officer appointed under subsection (2), when an acting chief electoral officer is appointed under subsection (1);

at the end of 30 sitting days after the start of the next session of the Legislative Assembly.

An individual may be reappointed as acting chief electoral officer in accordance with this section.

General staff of the chief electoral officer

The chief electoral officer may appoint a deputy chief electoral officer and other employees necessary to enable the chief electoral officer to perform the duties of the office.

The Public Service Act applies to appointments under subsection (1) and, for the purposes of that Act, the chief electoral officer is deemed to be a deputy minister.

The chief electoral officer may also retain, on a temporary basis, other persons necessary to enable the chief electoral officer to perform the duties of the office in relation to short term administrative matters, including the preparation for and conduct of an election, enumeration or plebiscite.

Expenses of administering Act

All necessary expenses required for the administration of this Act or required to be paid by the chief electoral officer under this Act must be paid out of the consolidated revenue fund.

The chief electoral officer must approve all amounts to be paid under the authority of this section, with this approval authority subject to any regulations of the Lieutenant Governor in Council.

The Lieutenant Governor in Council may make regulations for the purpose of subsection (2).

Duties and powers of the chief electoral officer

The chief electoral officer has the following duties in addition to all others established by this Act:

to provide guidance and supervision respecting the voter registration procedures and the conduct of elections and plebiscites;

to ensure that all other officials appointed under this Act carry out their duties with fairness and impartiality;

to provide information to the public regarding the voter registration procedures and election proceedings under this Act;

to ensure that this Act is enforced.

The chief electoral officer has the following powers in addition to all others given by this Act:

to make recommendations to the Legislative Assembly respecting amendments to this Act or other enactments affecting election matters;

to issue to persons appointed or retained under this Act any information and guidelines the chief electoral officer considers necessary to ensure effective implementation of this Act;

to require election officials and voter registration officials to follow the directions of the chief electoral officer regarding the performance of their duties and the exercise of their powers;

to assign duties and related powers under this Act to election officials and voter registration officials;

d.1

to specify the directions that election officials are to give, under this Act, to voters in voting proceedings;

to delegate in writing to an individual appointed under

section 10 (1), 18 (1) or (1.1) or 22 (1) the authority to exercise any power and perform any duty assigned to the chief electoral officer by this Act, other than the power to make regulations, subject to any limits or conditions imposed by the chief electoral officer;

to prepare directives and guidelines for registered political parties, registered constituency associations, candidates, financial agents and auditors respecting this Act.

The deputy chief electoral officer may perform the duties and exercise the powers of the chief electoral officer, other than the power to make regulations.

Reports to the Legislative Assembly

The chief electoral officer must present the following reports to the Speaker:

an annual report on the work done under the direction of the chief electoral officer;

after each election or plebiscite, a report respecting the proceedings, the results and the costs;

[Repealed 2003-96-14.]

any recommendation under

section 12 (2) (

a) respecting amendments to this Act or another enactment affecting election matters;

any report required under

section 217, 221, 222 or 226 respecting a member of the Legislative Assembly who has failed to comply with

Part 10.

The chief electoral officer may present a special report to the Speaker if, in the chief electoral officer's opinion, the amounts and establishment for the office of the chief electoral officer permitted under

section 11 (2), or the services provided by the BC Public Service Agency, are inadequate for fulfilling the duties of the office.

The Speaker must lay a report of the chief electoral officer before the Legislative Assembly as soon as possible.

Election Advisory Committee

Establishment of Election Advisory Committee

The Election Advisory Committee is established, consisting of the following:

the chief electoral officer, as chair of the committee;

2 representatives appointed for each registered political party that is represented in the Legislative Assembly;

one representative appointed for each registered political party that had candidates in at least 1/2 of all electoral districts at the immediately preceding general election and is not represented under paragraph (b).

A member of the Legislative Assembly is not eligible to be a member of the committee.

The appointment of a representative of a registered political party to the committee must be made in writing, signed by 2 principal officers of the political party and delivered to the chief electoral officer.

An appointment under subsection (3) may be rescinded in the same manner.

Unless earlier rescinded, an appointment under subsection (3) ends 30 days after the date set under

section 26 (2) (

c) for the return of the writs for the next general election.

Representatives appointed under subsection (3) must be reimbursed by the chief electoral officer for their reasonable travelling and out of pocket expenses necessarily incurred while discharging their duties.

An individual may be reappointed to the election advisory committee.

Meetings of committee

Meetings of the committee may be called at any time by the chief electoral officer.

If requested in writing by at least 1/3 of the members of the committee, the chief electoral officer must call a meeting of the committee as soon as reasonably possible.

The proceedings of the committee must be conducted in accordance with any applicable regulations.

The chief electoral officer must

ensure that the minutes of the committee are made public after each meeting of the committee, and

include in the annual report under

section 13 (1) (

a) the minutes of the committee for meetings during the applicable year.

Role of committee

The role of the committee is to advise the chief electoral officer on the functioning of this Act, particularly regarding the provisions of this Act that relate to the financing of the political process.

The chief electoral officer must consult with the committee as follows:

periodically regarding the application of this Act;

before publishing a notice under

section 3 respecting the application of an amendment to this Act;

before making a recommendation under

section 12 (2) (

a) respecting an amendment to this Act or another enactment;

[Repealed 2003-96-15.]

before making a regulation at any time other than during the election period for a general election.

No recommendation or other decision of the committee is binding on the chief electoral officer.

Election Officials

Individuals prohibited from being appointed as election officials

The following individuals must not be appointed, accept appointment or act as an election official:

a member of the Legislative Assembly or of the Executive Council;

an individual who has served as a member of the Legislative Assembly in the session immediately before the election, or in the session then being held, if the election takes place during a session of the Legislature;

a member of the House of Commons of Canada, of the Senate of Canada or of the King's Privy Council for Canada;

a judge of the Court of Appeal, the Supreme Court or the Provincial Court;

an associate judge, registrar, district registrar or deputy district registrar of the Supreme Court;

an individual who has been convicted of an offence under this Act or the Recall and Initiative Act within the period of 7 years immediately before the appointment;

an individual who is a candidate or a candidate representative.

District electoral officers

For each electoral district, the chief electoral officer must appoint

a district electoral officer, who is to be responsible for the conduct of any election for the electoral district, and

one or more deputy district electoral officers, who are to assist the district electoral officer.

1.1

If an enactment establishes a new electoral district but the enactment does not come into force until a future time, the chief electoral officer may appoint a district electoral officer and one or more deputy district electoral officers for the future electoral district.

If a district electoral officer is absent or unable to act, or if the office is vacant, the deputy district electoral officer must perform the duties and has the powers of the district electoral officer and, for these purposes, may appoint an individual to act as deputy district electoral officer for the period to which this applies.

2.1

If more than one deputy district electoral officer is appointed for an electoral district, the chief electoral officer must designate which deputy district electoral officer is to act for the purposes of subsection (2).

The term of appointment for a district electoral officer ends

6 months after final voting day for the first general election called after the appointment, or

when the electoral district is disestablished,

whichever is earlier.

As an exception to subsection (3), if an election for the electoral district is in progress at the end of the term of appointment for a district electoral officer, the chief electoral officer may extend the term of appointment for a specified period.

The term of appointment for a deputy district electoral officer ends

as specified by the chief electoral officer in the individual's appointment, or

when the electoral district is disestablished,

whichever is earlier.

An individual may be reappointed as a district electoral officer or deputy district electoral officer.

A district electoral officer must not resign on less than 3 months' notice to the chief electoral officer, except with the consent of the chief electoral officer.

A district electoral officer or deputy district electoral officer must not

be a member of, be an employee of, hold a position with or make a contribution to a registered political party, a registered constituency association or a political party or constituency association seeking registration, or

in relation to the individual's candidacy, be an employee of, hold a position with or make a contribution to an individual who is, intends to be or was a candidate in an election.

The chief electoral officer may rescind the appointment of a district electoral officer or deputy district electoral officer before what would otherwise be the end of the individual's term of appointment on any of the following grounds:

that the official is incapable, by reason of illness or otherwise, of satisfactorily performing the individual's duties under this Act;

that the official has not followed a direction of the chief electoral officer;

that the official has failed to competently discharge a duty of office to the satisfaction of the chief electoral officer;

that, in the opinion of the chief electoral officer, the official has acted in a politically partisan manner during the term of the individual's appointment, whether or not this was done in the course of performing the individual's duties under this Act.

Election officials and staff

If an election is called for an electoral district, the district electoral officer must appoint sufficient election officials required to conduct the election proceedings, taking into account any matters specified by the chief electoral officer under

section 79.01.

The district electoral officer may retain other persons necessary for the administration of an election in the electoral district.

Oath of office

Before undertaking duties under this Act, an individual appointed as an election official must make a solemn declaration that the individual

will faithfully and impartially fulfill the duties,

has not received and will not accept any inducement to perform the duties otherwise than impartially and in accordance with this Act or to otherwise subvert the election, and

will preserve the secrecy of the ballot in accordance with

section 90.

Terms of appointment

Voter Registration Officials

District registrars of voters

The chief electoral officer

must appoint a district registrar of voters for each electoral district, who is to be responsible for the registration of voters within the electoral district, and

may appoint one or more deputy district registrars of voters for an electoral district, who are to assist the district registrar of voters for the electoral district.

The same individual may be appointed district registrar of voters for more than one electoral district.

[Repealed 2004-51-3.]

Temporary voter registration officials

For the purposes of voter registration proceedings in an electoral district, but subject to the direction of the chief electoral officer, the district registrar of voters may retain on a temporary basis individuals necessary for the proceedings and may appoint those individuals as voter registration officials.

Calling an Election

Order for a general election

For a general election to be held, the Lieutenant Governor in Council must issue an order under this

section that

directs the chief electoral officer to issue writs of election for all electoral districts,

sets the date of issue for the writs of election, which must be the same for all writs,

specifies the final voting day for the election in accordance with

section 27 of this Act and

section 23 of the Constitution Act , and

directs that the writs of election be returned in accordance with this Act.

If a general election is called before final voting day for a by-election that is in progress, the by-election is cancelled and the election for that electoral district is to take place as part of the general election.

Order for a by-election

On receiving a warrant under the Constitution Act for a by-election, the chief electoral officer must notify the Lieutenant Governor in Council for the purposes of allowing the writ of election to be issued within the time limit established by that Act.

For a by-election to be held, the Lieutenant Governor in Council must issue an order that

directs the chief electoral officer to issue a writ of election for the electoral district,

sets the date of issue for the writ of election,

specifies the final voting day for the election in accordance with

section 27, and

directs that the writ of election be returned in accordance with this Act.

Election called when writ of election issued

On receiving an order of the Lieutenant Governor in Council under

section 24 or 25, the chief electoral officer must

issue the writ or writs of election in accordance with the order,

transmit each writ to the district electoral officer to whom it is addressed, and

arrange for the writ or writs to be published in the Gazette.

A writ of election must be substantially in the form of Form 1 as set out in the

Schedule to this Act and must include the following:

the dates for the start and end of the nomination period for nominations under

section 56;

the date of final voting day for the election;

the day for the return of the writ, being the date on or before which the district electoral officer is to certify to the chief electoral officer the name of the individual elected as member of the Legislative Assembly.

For the purposes of this Act, an election is called when the writ for the election is issued in accordance with the applicable order of the Lieutenant Governor in Council under

section 24 or 25.

Final voting day

Final voting day for an election,

in the case of a general election conducted in accordance with

section 23 (2) or (3) of the Constitution Act , and in the case of a by-election, is the twenty-eighth day after the date on which the election is called, and

in the case of a general election that is not conducted in accordance with

section 23 (2) or (3) of the Constitution Act , subject to subsection (3) of this section, is at least the thirty-second day but no later than the thirty-eighth day after the date on which the election is called.

Final voting day for a general election described in subsection (1) (

a) must occur on a Saturday.

Final voting day for a general election described in subsection (1) (

b) must occur on a Saturday, and the date under subsection (1) (

b) is to be determined accordingly.

As an exception to subsections (2) and (3), if the day under subsection (1) falls on a holiday, final voting day is the next day that is not a holiday.

Notice of election

As soon as possible after an election is called, the chief electoral officer must publish or direct the district electoral officer to publish a notice of election in accordance with

section 270.

The notice of election must include the following:

the dates, times and places at which nominations will be received by the district electoral officer during the nomination period;

how interested individuals can obtain information on the requirements and procedures for making a nomination;

the dates and voting hours for final voting and advance voting, in the event that an election by voting is required;

any other information the chief electoral officer considers should be included.

The notice of election must also be posted in the office of the district electoral officer throughout the nomination period.

The chief electoral officer may direct or authorize the district electoral officer to provide for additional notice of the election to be given to the public.

Voters

Qualifications

Who may vote

In order to vote in an election for an electoral district, an individual must

be a Canadian citizen,

be 18 years of age or older on final voting day for the election,

be a resident of the electoral district,

have been a resident of British Columbia for at least 6 months immediately before final voting day for the election,

be registered as a voter for the electoral district or register as such in conjunction with voting, and

not be disqualified by this Act or any other enactment from voting in the election or be otherwise disqualified by law.

Individuals disqualified from voting

Without limiting

section 29 (f), the following individuals are not entitled to vote in an election:

the chief electoral officer and the deputy chief electoral officer;

[Repealed 2003-37-11.]

an individual who is prohibited from voting under

Part 12.

Registration

Who may register as a voter

An individual must meet all the following qualifications in order to register as a voter:

the individual must be a Canadian citizen;

the individual must be

an individual who is 18 years of age or older at the time of registration, or

an individual who is not 18 years of age but who, on final voting day for an election, will be 18 years of age;

the individual must be

an individual who has been a resident of British Columbia for the immediately preceding 6 months, or

an individual who has not been a resident of British Columbia for the immediately preceding 6 months but who, on final voting day for an election, will have been a resident of British Columbia for the immediately preceding 6 months;

the individual must not be disqualified from voting under

section 29 (f).

1.1

An individual described in subsection (1) (b) (ii) or (1) (c) (ii) may not register before the date that is 90 days before the final voting day for an election for the electoral district for which the individual will be entitled to vote on registration.

An individual who is registered but who ceases to meet the qualifications referred to in subsection (1) is not entitled to continue to be registered.

Rules for determining where an individual is resident

The following rules apply to determine for the purposes of this Act the place where an individual is resident:

an individual is a resident of the place where the individual lives and to which, whenever absent, the individual intends to return;

an individual may be the resident of only one place at a time for the purposes of this Act;

an individual does not change the place where the individual is a resident until the individual has a new place where the individual is a resident;

an individual does not cease being a resident of a place by leaving the place for temporary purposes only.

Without limiting subsection (1) (d), a temporary purpose within the meaning of that subsection includes being absent from British Columbia

as the spouse of an individual referred to in paragraph (a), or

as an individual who is in a child-parent relationship with an individual referred to in paragraph (

a) or (

b) and who is accompanying that individual for this reason.

As an exception to subsection (1), if for the purposes of attending an educational institution an individual establishes a new place where the individual is a resident that is away from the usual place where the individual is a resident, the individual may choose for the purposes of this Act either the usual place or the new place as the place where the individual is a resident.

As an exception to subsection (1), an individual who is imprisoned in a penal institution is not by that imprisonment a resident of the place where the penal institution is located, but instead is deemed for the purposes of this Act to be a resident of whichever of the following the individual chooses:

the place where the individual was a resident before being imprisoned;

the place where a spouse, parent or dependant of the individual is a resident within the meaning of subsection (1);

if the individual is unable to provide an address under paragraph (

a) or (b), either

the place where the individual was arrested, or

the place of the last court where the individual was convicted and sentenced.

Temporary residential quarters are considered to be an individual's place of residence only if the individual has no other place that the individual considers to be the individual's residence.

For the purposes of this Act, an individual who has no dwelling place may register as a voter on the basis that the individual's place of residence is a shelter, hostel or similar institution that provides food, lodging or other social services.

When an individual may register

An individual may apply to be registered as a voter at any of the following registration opportunities:

general registration in accordance with

section 36;

a special registration opportunity under

section 39;

registration in conjunction with voting in accordance with

section 41 or 41.1;

registration during an enumeration under

section 42.

If satisfied on the basis of the application for registration in accordance with

section 35 that an individual is entitled to be registered as a voter, the voter registration or election official responsible must accept the application and register the individual.

An individual becomes registered as a voter when the individual's application for registration is accepted by the voter registration or election official responsible.

Updating registration information

If a registered voter changes the place where the voter is resident, changes the voter's name or otherwise changes the information required regarding registration, the voter may apply to update the voter's registration information at any of the registration opportunities referred to in

section 33.

This Act, as it applies to registration as a voter, applies to the updating of voter registration information, except that

an application for the updating may be made in any manner acceptable to the official responsible for accepting applications for voter registration, and

if the voter remains a voter for the same electoral district, the official responsible may waive the requirements of

section 41 (2) (

b) or 41.1 (2) (b).

Application for registration

An application for registration as a voter must be on a form specified by the chief electoral officer and must include the following information:

the full name of the applicant;

the address of the place where the applicant is a resident within the meaning of

section 32;

the mailing address of the applicant, if this is different from the address referred to in paragraph (b);

the birth date of the applicant or other identifying information prescribed by regulation;

any other information required to be included by regulation;

a confirmation that the applicant meets the requirements of

section 31 to be registered as a voter.

For the purposes of subsection (1) (b), an address of an applicant that indicates the place where the applicant is resident within the meaning of

section 32 is sufficient if, in the opinion of the voter registration or election official accepting the application, it indicates that place for the purpose of determining the voting area of which the applicant is a resident.

On request, a district registrar of voters must provide an application form without charge to each individual wishing to register as a voter.

On request, the chief electoral officer must provide a reasonable number of application forms without charge to a registered political party or registered constituency association for the organization to use in assisting individuals to register as voters.

General registration

Registration under this

section must be available except during a closed period under

section 37.

An individual may apply to register as a voter by

delivering an application form completed in accordance with

section 35 to

the chief electoral officer,

a district registrar of voters or another voter registration official authorized by a district registrar of voters, or

iii

an individual authorized as agent under

section 38, or

providing orally to a district registrar of voters or another voter registration official authorized by a district registrar of voters

the information referred to in

section 35 (1) (

a) to (e), and

confirmation that the applicant meets the requirements of

section 31 to be registered as a voter.

Applications under subsection (2) must be received at the office of any district registrar of voters during its regular office hours and may be received at other times and places authorized by the chief electoral officer or a district registrar of voters.

The officials responsible for accepting applications under this

section are the chief electoral officer, the district registrars of voters and any voter registration officials authorized by the chief electoral officer.

Closed period for general registration

Applications for registration as a voter for an electoral district must not be received under

section 36 (2) during the period beginning on a day specified by the chief electoral officer and ending on the second day after final voting day for the election.

As soon as possible after an election is called, the chief electoral officer must have published in accordance with subsection (3) a notice of the day specified under subsection (1) and stating that from that date an individual may only register or update voter registration information in conjunction with voting.

The notice under subsection (2) must be published on the internet and in one or more newspapers circulating in the affected electoral district such that publication is made throughout the electoral district, if this is possible.

Registration through agencies

The chief electoral officer may authorize persons other than voter registration and election officials to act as agents of the chief electoral officer for receiving

applications for voter registration,

applications for updating voter registration information, or

applications for inclusion in the list of future voters.

Applications for voter registration must not be received under this

section during a closed period under

section 37.

If a form or other document under another enactment is specified by regulation, despite any restriction or prohibition in the other enactment,

the form or document may be combined with

an application for voter registration,

an application for updating voter registration information, or

iii

an application for inclusion in the list of future voters, and

the persons responsible for receiving that form or document may act as agents for the chief electoral officer in relation to this Division.

As an exception to

section 35, the chief electoral officer may accept a copy of an application received under this

section as an application for voter registration or updating voter registration information.

4.1

As an exception to

section 51.02 (3), the chief electoral officer may accept a copy of an application received under this

section as an application for inclusion in the list of future voters.

The officials responsible for accepting applications under this

section are the chief electoral officer and any voter registration official authorized by the chief electoral officer.

Special voter registration opportunities

The chief electoral officer may require or authorize a district registrar of voters to arrange a special registration opportunity at which individuals may attend to register.

A special registration opportunity must not be held during the closed period for general registration under

section 37.

To register under this section, an individual must deliver an application form completed in accordance with

section 35 to the voter registration official responsible at the special registration opportunity.

The official responsible for accepting applications under this

section is the district registrar of voters.

Registration and updating based on National Register of Electors information

39.1

The chief electoral officer may, on the basis of National Register of Electors information and without any application by the individuals involved,

register as voters those individuals who appear to be qualified to register as voters, and

update current voter registration information.

Automatic updating of information about voters and future voters

In this section, provincial identity information services provider has the same meaning as in the Freedom of Information and Protection of Privacy Act .

The chief electoral officer may, for the following purposes, request that the Insurance Corporation of British Columbia under the Motor Vehicle Act and a provincial identity information services provider provide information contained in records kept by the corporation or, as applicable, the provincial identity information services provider:

updating voter registration information;

updating the list of future voters;

contacting youth to provide information about the list of future voters.

Subject to subsection (4), on receiving a request under subsection (2), the Insurance Corporation of British Columbia and a provincial identity information services provider must provide the information to the chief electoral officer.

If an individual makes a written request to the Insurance Corporation of British Columbia or the provincial identity information services provider that the corporation or provincial identity information services provider not provide to the chief electoral officer personal information respecting the individual, the corporation or provincial identity information services provider must arrange for that information to be excluded from the information provided under subsection (2) to the chief electoral officer.

Registration in conjunction with voting if identification documents available

An individual who is not registered as a voter may register in accordance with this

section in conjunction with voting.

In order to register under this section, an individual must

deliver an application form completed in accordance with

section 35 to the district electoral officer or an election official authorized by the district electoral officer, and

satisfy that election official of the applicant's identity and residential address in accordance with subsection (3).

For the purposes of subsection (2) (b),

an applicant may produce to the election official

iii

at least 2 documents of a type authorized by the chief electoral officer, both of which contain the applicant's name and at least one of which contains the applicant's residential address, and

an applicant who resides in a residence that is in a site-based voting area established under

section 80 (4) and who attends voting proceedings conducted at the site-based voting area may produce one document of a type authorized by the chief electoral officer that contains the applicant's name.

3.1

The chief electoral officer must publish, on an Elections BC authorized internet site, a notice setting out the types of documents that are authorized for the purposes of subsection (3) (a) (iii) and (b).

3.2

The information published under subsection (3.1) must continue to be published on the Elections BC authorized internet site.

The election official receiving an application must note on the application the nature of the documents produced for the purposes of subsection (2) (b).

If satisfied on the basis of the application and documents produced that the applicant is entitled to be registered as a voter, the election official responsible must accept the individual's application for registration.

Registration in conjunction with voting if no identification documents

41.1

In this section, voucher means a person, other than the applicant, referred to in subsection (2).

Despite

section 41, an applicant who is unable to produce the documents referred to in

section 41 (3) may be registered as a voter in conjunction with voting if

the applicant delivers an application form completed in accordance with

section 35 to the district electoral officer or an election official authorized by the district electoral officer, and

both the identity and place of residence of the applicant are confirmed in accordance with subsection (3) of this

section by one of the following who has produced documents referred to in

section 41 (3):

a voter registered in the applicant's electoral district of residence;

a spouse, parent, grandparent, adult child, adult grandchild or adult sibling of the applicant;

iii

a person having authority under the common law or an enactment to make personal care decisions in respect of the applicant.

The applicant and the voucher must each make a solemn declaration, in writing, as to the applicant's identity and place of residence within the meaning of

section 32, and stating all of the following:

in the case of the applicant,

that the applicant meets all the qualifications to be registered as a voter of the electoral district, and

the matters set out in

section 111 (4) (

b) to (e);

in the case of a voucher described in subsection (2) (b) (i),

that the voucher is a person described in subsection (2) (b) (i), and

the matters set out in

section 111 (4) (

b) to (d);

in the case of a voucher described in subsection (2) (b) (ii) or (iii),

that the voucher is a person described in subsection (2) (b) (ii) or (iii), as applicable, and setting out the nature of the relationship to the applicant, and

the matters set out in

section 111 (4) (d).

A voucher may make a confirmation under subsection (3) in the same election,

if the voucher is a voucher described in subsection (2) (b) (i), in respect of only one applicant,

if the voucher is a voucher described in subsection (2) (b) (ii), in respect of only one or more applicants who are members of the voucher's family, or

if the voucher is a voucher described in subsection (2) (b) (iii), in respect of only one or more applicants for whom the voucher has authority as described in that subsection.

A person who has been confirmed under subsection (3) may not confirm another applicant at the same election.

The election official receiving an application must

advise both the applicant and the voucher of

the requirements of this section, and

the penalties for which the applicant and the voucher may be liable for a contravention of those requirements, and

note on the application that a confirmation was made for the purposes of registration.

If satisfied that the applicant is entitled to be registered as a voter, the election official responsible must accept the individual's application for registration.

Challenge of registration

41.2

An individual's right to register under

section 41 or 41.1 may be challenged in accordance with this

section at any time during the registration procedure up until the time the individual's application for registration is accepted by the election official responsible.

A challenge may be made

only by an election official, a candidate representative or a voter for the electoral district, and

only on the basis that the individual applying to register is not entitled to register.

In relation to a challenge under this section, the election official responsible must record on the application

that the individual was challenged,

the name of the individual who made the challenge, and

whether and how the individual challenged satisfied the requirements of

section 41 or 41.1.

Enumerations

The chief electoral officer may require or authorize one or more district registrars of voters to conduct enumerations of all or part of their electoral districts.

An enumeration may be conducted by residence-to-residence visitation or by another method directed or authorized by the chief electoral officer.

Cancellation of enumeration if election called

If an election is called while an enumeration is in progress, the chief electoral officer may cancel the enumeration.

In the case of a by-election, the chief electoral officer may cancel the enumeration in relation to individuals registering as voters for the electoral district for which the election is being held and continue the enumeration for other individuals.

If an enumeration is cancelled, applications for voter registration or updating voter registration information received as part of the enumeration that is cancelled are void and only those individuals who were registered as voters before the start of the enumeration are registered voters.

Voter registration officials conducting enumeration

While conducting an enumeration, each voter registration official must wear or carry identification provided by the chief electoral officer and must produce it on request.

A voter registration official has authority to enter an apartment building, other multiple residence building or area of multiple residences during reasonable hours for the purpose of conducting the enumeration of voters in the building or area, and a person having charge of the building or area must allow the official to enter the building or area for this purpose.

An individual must not obstruct a voter registration official in conducting an enumeration.

Lists of Voters

Provincial List of Voters to be maintained

The chief electoral officer must maintain a record, to be known as the Provincial List of Voters, of those individuals registered as voters.

The Provincial list of voters must include the names of voters, the places where they are resident and other information required to be included in an application for registration that the chief electoral officer considers should be included in the list.

The chief electoral officer or the district registrar of voters may authorize other voter registration officials to assist in the duties under this Division and may authorize those officials to exercise the powers of the district registrar of voters under this Division.

Updating the Provincial list of voters

The chief electoral officer may amend voter registration information on the Provincial list of voters to correctly show the information regarding a voter that the chief electoral officer considers to be current.

The chief electoral officer may remove the name of an individual from the Provincial list of voters as follows, in which case the individual is no longer registered as a voter:

if satisfied that the individual is no longer alive;

if satisfied that the individual is not qualified to be registered as a voter or is fictitious;

if the individual requests in writing that the individual's registration as a voter be cancelled;

if, on an enumeration, it appears that the individual is no longer resident in the electoral district for which the individual is registered as a voter;

if satisfied that the individual is no longer resident at the address on the voters list and unable to obtain a current address of the place where the individual is a resident within the meaning of

section 32.

[Repealed 2004-51-7.]

Preparation of list of voters for use in election

For each election for an electoral district, the chief electoral officer must have prepared a list of voters for the electoral district.

Only a list of voters prepared under subsection (1) may be used for the purposes of conducting an election.

The list of voters for an electoral district must

include information about voters as specified by the chief electoral officer, and

be updated at the times specified by the chief electoral officer, until the date specified by the chief electoral officer under

section 37 (1), with information about voters that the chief electoral officer considers to be current information.

The form of a list of voters for an election is in the discretion of the chief electoral officer.

The chief electoral officer must have a copy of the list of voters provided to

the district registrar of voters, and

the district electoral officer of the electoral district.

Access to list of voters during election

Each candidate in an election for an electoral district is entitled without charge to a copy of the list of voters prepared under

section 47 as follows:

the chief electoral officer must provide each candidate with an electronic copy of the list of voters for the electoral district as follows:

as soon as practicable after the election is called;

as soon as practicable after the date specified by the chief electoral officer under

section 37 (1);

if requested by a candidate who is not able to use the electronic copy provided under paragraph (a), the district registrar of voters must provide the candidate with a printed copy of the list of voters for the electoral district.

A copy of the most current list of voters prepared under

section 47 must be available for public inspection in the office of the district electoral officer of the electoral district during its regular office hours from the time the list is provided under

section 47 (5) until the close of final voting.

Objection to the registration of a voter

The registration of an individual whose name appears on a list of voters prepared under this Act may be objected to in accordance with this section.

An objection must be delivered to the district registrar of voters for the electoral district of which the individual is shown as a resident.

An objection that is received after the start of the closed period for general registration under

section 37 must not be dealt with until after the end of that period.

An objection may be made

only by a voter, and

only on the basis that the individual whose name appears on a list of voters

has died, or

is not qualified to be registered as a voter for the electoral district.

An objection must be made in writing, signed by the individual making it, and include the following:

the name and address of the individual against whose registration the objection is made, as shown on the list of voters;

the basis of the objection, including a statement of facts that the objector believes support this;

the name and address of the individual making the objection.

On receiving an objection, the district registrar of voters must make a reasonable effort to notify the individual against whom the objection is made of the objection, the individual who made the objection and the basis on which it is made.

Resolving objections

An objection on the basis that an individual has died must be resolved in accordance with the following:

the district registrar of voters must have a search made of the records under the Vital Statistics Act ;

if a record of death is found, the district registrar of voters must remove the individual's name from the list of voters;

if a record of death is not found and the district registrar of voters is unable to contact the individual, the objection must be resolved in accordance with subsection (2) (

c) and (d).

An objection on the basis that an individual is not entitled to be registered as a voter must be resolved in accordance with the following:

if, after receiving notice of the objection, the individual provides proof satisfactory to the district registrar of voters of the individual's entitlement to be registered or makes a solemn declaration as to that entitlement, the individual's name is to stay on the list of voters;

if, after receiving notice of the objection, the individual does not provide proof of entitlement or make a solemn declaration as to entitlement, the district registrar of voters must remove the individual's name from the list of voters;

if the district registrar of voters is unable to contact the individual who is subject to the objection, the district registrar of voters must require the individual who made the objection to provide satisfactory evidence of the basis of the objection and, if this is done, must remove the name from the list of voters;

if the individual who made the objection does not provide satisfactory evidence as required by paragraph (c), the name is to stay on the list of voters.

If a change is made as a result of an objection after the list of voters for the electoral district is prepared, the district registrar of voters must

amend the copy of the list of voters provided by the chief electoral officer to show the change and initial the amendment, and

notify the chief electoral officer of the change so that the Provincial list of voters may be amended.

Lists of voters generally

The chief electoral officer may prepare and provide a list of voters to an individual or organization requesting it and may charge a fee for preparing and providing the list.

On request and on payment of the reasonable costs of reproduction, the chief electoral officer must provide the following:

to a registered political party or member of the Legislative Assembly, a list of voters;

to a registered political party,

in respect of the most recent general election, a list of voters that indicates which voters on the list voted in that election, and

in respect of a by-election that takes place between the date of the most recent general election and the date the next general election is called, a list of voters that indicates which voters on the list voted in that by-election;

to a candidate or an individual who was a candidate in an election referred to in subparagraph (

i) or a by-election referred to in subparagraph (ii),

in respect of the most recent general election, a list of voters in the electoral district for which the individual is a candidate or was a candidate that indicates which voters on the list voted in that election, and

in respect of a by-election that takes place between the date of the most recent general election and the date the next general election is called, a list of voters in the electoral district for which the individual is a candidate or was a candidate that indicates which voters on the list voted in that by-election.

For the purpose of tracing unauthorized use of lists of voters, including a list of voters used for election purposes, the chief electoral officer may have fictitious voter information included in a list of voters.

Despite any other provision of this Act, the chief electoral officer may prepare a list of voters, including a list of voters used for election purposes, that omits or obscures the address of a voter or other information about a voter in order to protect the privacy or security of the voter.

Voter participation information

51.01

On request, an election official responsible must provide to a candidate, a candidate representative or a registered political party, without charge and in the manner and at the times directed by the chief electoral officer, the following information in relation to each voter who votes at a final voting opportunity and each voter who votes at an advance voting opportunity:

the voter number, unless paragraph (

b) applies;

if the voter registered or updated the voter's voter registration information in conjunction with voting, the information that the chief electoral officer considers appropriate.

On request, the chief electoral officer may provide, or direct the district electoral officer to provide, to a candidate, a candidate representative or a registered political party, without charge and in the manner and at the times directed by the chief electoral officer, the following information in relation to each voter who votes at a special voting opportunity and each voter who votes using an alternative voting option:

the voter number, unless paragraph (

b) applies;

if the voter registered or updated the voter's voter registration information in conjunction with voting, the information that the chief electoral officer considers appropriate.

List of Future Voters

List of future voters

51.02

The chief electoral officer may establish and maintain a list of future voters consisting of youths who are

Canadian citizens, and

resident in British Columbia.

The chief electoral officer

may include youths in the list of future voters who have applied in accordance with subsection (3) to be included, and

may, without any application by the youth involved, include youths in the list of future voters who meet the requirements set out in subsection (1) and are in the Register of Future Electors under the Canada Elections Act .

An application for inclusion in the list of future voters must be submitted on a form specified by the chief electoral officer and must include the following information:

the full name of the applicant;

the residential address of the applicant and, if different, the mailing address of the applicant;

the birth date of the applicant or other identifying information prescribed by regulation;

a confirmation that the applicant meets the requirements set out in subsection (1);

any other information prescribed by regulation.

The chief electoral officer may

amend information in the list of future voters to correctly show the information that the chief electoral officer considers to be current regarding a youth, and

update the list of future voters by using information from the Register of Future Electors under the Canada Elections Act .

The chief electoral officer may remove the name of an individual from the list of future voters as follows:

if the chief electoral officer is satisfied that the youth is not qualified to be included in the list of future voters;

if the youth requests in writing that the youth be removed from the list;

if the chief electoral officer is satisfied that the youth no longer has the residential address provided to the chief electoral officer;

if the chief electoral officer is satisfied that the youth is deceased.

The chief electoral officer must transfer information about an individual included in the list of future voters from that list to the list of voters

when the individual reaches 18 years of age, or

when the individual is eligible to register as a voter in the 90 days before final voting day.

When the chief electoral officer transfers information about an individual under subsection (6), the individual is a registered voter.

The chief electoral officer may provide information obtained under this

section to the chief electoral officer under the Canada Elections Act for the purposes of

section 46 of that Act.

Despite any other provision of this Act or any other Act, information obtained by the chief electoral officer under this

section may be used only for the following purposes:

the establishment and maintenance of the list of future voters;

the transfer of information under subsection (6);

the provision of information under subsection (8).

For certainty, the list of future voters may not be used for a commercial purpose or disclosed to candidates, constituency associations, political parties, candidate representatives, financial agents of candidates, or representatives or financial agents of constituency associations and political parties.

Candidates

Nominations

Who may be nominated

To be qualified for nomination as a candidate for office as a member of the Legislative Assembly, an individual must

be a Canadian citizen,

be 18 years of age or older on final voting day for the election,

have been a resident of British Columbia for at least 6 months immediately before the individual becomes a candidate, and

not be disqualified by this Act or any other enactment from voting in an election or from being nominated for, being elected to or holding office as a member of the Legislative Assembly, or be otherwise disqualified by law.

At any one time, an individual is not entitled to be nominated as a candidate for more than one electoral district.

Who may make nominations

A nomination must be made by at least 75 voters for the electoral district for which the election is being held.

For any one election an individual may not be a nominator for more than one candidate.

Even if one or more of the nominators is not qualified in accordance with this section, a nomination is valid as long as the nomination is made by at least the minimum number of qualified nominators.

Nomination documents

A nomination must be made in writing in accordance with this section.

A nomination must be signed by the nominators and must include the following information:

the electoral district for which the individual is being nominated;

the full name of the individual nominated;

the usual name of the individual nominated, if this is different from the full name and the individual wishes to have the individual's usual name on the ballot instead;

the residential address of the individual nominated;

if applicable, the name of the registered political party that the individual is nominated to represent;

if the individual is nominated as an independent candidate and wishes to have that status indicated on the ballot, a statement requesting this;

the names and residential addresses of the nominators.

A nomination must be accompanied by the following:

a signed declaration of each nominator that the nominator is qualified as a voter for the electoral district for which the election is being held;

a signed consent of the individual nominated to the nomination;

a signed statement of the individual nominated that the individual is qualified to be nominated;

in the case of an individual making a request under subsection (2) (c), a signed statement of the individual that the name requested to be used on the ballot is the individual's usual name;

in the case of an individual making a request under subsection (2) (f), a signed statement of the individual that the individual is independent;

the appointment of the auditor in accordance with

section 179 and a signed consent of the auditor to act as such;

either

a statement that the individual nominated is acting as the individual's own financial agent, or

the appointment of an individual as financial agent in accordance with

section 176 and a signed consent of the individual to act as such;

the appointment of any deputy financial agents in accordance with

section 178 and the signed consents of the individuals to act as such;

a statement signed by the individual nominated of an address at which documents will be accepted for delivery to or service on the individual and a telephone number at which the individual can be contacted;

the disclosure required by

section 2 (1) of the Financial Disclosure Act .

[Repealed 2016-4-22.]

The chief electoral officer may require nomination documents, other than the disclosure under the Financial Disclosure Act , to be made in a form specified by the chief electoral officer.

Nomination deposit

In order to be effective, a nomination must be accompanied by a deposit of $250.

The nomination deposit under subsection (1) must be held by the chief electoral officer to be dealt with as follows:

if the financial agent of the individual for whom it is paid files with the chief electoral officer, within 90 days after final voting day for an election, an election financing report under

section 209, the nomination deposit is to be returned to the financial agent;

if the individual for whom it is paid dies before the close of final voting for the election, the nomination deposit is to be returned to the financial agent of the individual or to another person determined by the chief electoral officer;

b.1

if the nomination deposit is in relation to a nomination under

section 57 for an electoral district that is disestablished before an election is held, the nomination deposit is to be returned to the financial agent of the individual for whom it was paid;

in other cases, the nomination deposit is forfeited and is to be paid to the consolidated revenue fund.

Nomination by filing documents with the district electoral officer

In order to make a nomination under this section, the nomination documents required by

section 54 (2) and (3) must be received by the district electoral officer,

in the case of a general election conducted in accordance with

section 23 (2) or (3) of the Constitution Act , between the time the election is called and 1 p.m. on the seventh day after the election is called,

in the case of a general election that is not conducted in accordance with

section 23 (2) or (3) of the Constitution Act , between 9 a.m. on the third day after the election is called and 1 p.m. on the eleventh day after the election is called, or

in the case of a by-election, between 9 a.m. on the third day after the election is called and 1 p.m. on the seventh day after the election is called.

As exceptions to subsection (1),

if the first day of the nomination period would otherwise fall on a holiday, the nomination period begins at 9 a.m. on the next day that is not a holiday, and

if the end of the nomination period would otherwise fall on a holiday, the nomination period ends at 1 p.m. on the next day that is not a holiday.

Times referred to in this

section are Pacific Time .

For the purposes of this section, nomination documents must be received at the office of the district electoral officer during its regular office hours and may be received at other times and places during the nomination period as allowed by the district electoral officer.

The obligation to ensure that nomination documents are received in accordance with this

section rests with the individual nominated.

Once all the required nomination documents and the required nomination deposit have been received, the district electoral officer must accept the documents for filing unless the individual appears from those documents to be ineligible for nomination.

If nomination documents are not accepted for filing because they are defective, they may be completed, corrected or substituted before the end of the nomination period.

When all the required nomination documents are accepted for filing, the district electoral officer must issue to the candidate a certificate indicating that the individual is a candidate in the election.

The district electoral officer must forward the nomination deposits received under this

section to the chief electoral officer.

Standing nominations filed with the chief electoral officer

Nomination documents may be filed with the chief electoral officer at any time up until,

in the case of a general election conducted in accordance with

section 23 (2) or (3) of the Constitution Act , the end of the day before the date the election is called, or

in the case of a by-election, or a general election that is not conducted in accordance with

section 23 (2) or (3) of the Constitution Act , the end of the day before the nomination period begins under

section 56.

The nomination deposit must be received by the chief electoral officer before nomination documents are accepted for filing under subsection (1).

A nomination under this

section is completed when the following documents are accepted for filing by the chief electoral officer:

the disclosure required by

section 2 (1) of the Financial Disclosure Act ;

the signed statement of the individual nominated that the individual is qualified to be nominated.

[Repealed 2008-41-16.]

The obligation to ensure that nomination documents are received in accordance with this

section rests with the individual nominated.

Once all the required nomination documents and the required nomination deposit have been received, the chief electoral officer must accept the documents for filing unless the individual appears from those documents to be ineligible for nomination.

If nomination documents are not accepted for filing because they are defective, they may be completed, corrected or substituted before the day on which the nomination period begins under

section 56.

When all the required nomination documents are accepted for filing, the chief electoral officer must issue, after the election is called, to the candidate a certificate indicating that the individual is a candidate in the election.

Subject to subsection (9.1), as soon as possible after the end of the period for making nominations under this section, the chief electoral officer must deliver to the applicable district electoral officer a copy of

the certificate under subsection (8),

the disclosure under the Financial Disclosure Act , and

the other nomination documents filed under this section.

9.1

Subsection (9) does not apply in relation to an individual whose nomination is withdrawn under this Act.

At any time before the individual nominated becomes a candidate, the nomination may be withdrawn by the individual nominated delivering to the chief electoral officer a withdrawal signed by the individual.

[Repealed 2008-41-16.]

If an electoral district is disestablished after nomination documents are filed under this

section in relation to the electoral district, the nomination is cancelled.

If an enactment establishes a new electoral district but the enactment does not come into force until a future time, the chief electoral officer may accept nomination documents under this

section for the future electoral district.

Changes to nomination documents after filing

After nomination documents have been accepted for filing, they may be amended by the district electoral officer or the chief electoral officer on the basis of information provided by the candidate in writing, but only in relation to matters of fact that have changed since the time of filing.

Nomination documents available for public inspection

Nomination documents filed under

section 56 must be available for public inspection at the office of the district electoral officer during its regular office hours until they are sent to the chief electoral officer under subsection (4).

Nomination documents filed under

section 57 must be available for public inspection

at the office of the chief electoral officer during its regular office hours until they are sent to the district electoral officer under

section 57 (9), and

at the office of the district electoral officer during its regular office hours from the time they are received from the chief electoral officer until they are returned to the chief electoral officer.

A copy of the required disclosure under the Financial Disclosure Act must be made available by the district electoral officer for the purposes of subsection (1) and by the chief electoral officer for the purposes of subsection (2).

The district electoral officer must send the nomination documents under subsections (1) and (2) to the chief electoral officer when returning the writ for the election.

Nomination documents received by the chief electoral officer under subsection (4) must be available for public inspection at the office of the chief electoral officer during its regular office hours until one year after the return of the writ for the election.

Information about nomination contests

59.01

A registered political party must provide to the chief electoral officer, within 14 days of the end of a nomination contest, a notice in a form specified by the chief electoral officer that must include the following information:

the date established as the beginning of the nomination contest;

the date the nomination contest concluded;

the name, mailing address and telephone number of each nomination contestant and of the financial agent of each nomination contestant, including of a nomination contestant who withdrew from the contest after the date described in paragraph (a);

the name of the nomination contestant being endorsed by the party under

section 60;

any other information prescribed by regulation.

For certainty, a notice under subsection (1) is required even if a nomination contestant is acclaimed or appointed by the registered political party to represent the party as a candidate.

Endorsement of candidate by registered political party

In order for a candidate to represent a registered political party in an election, a written endorsement of the candidate signed by at least 2 principal officers of the political party must be made by one of the following means:

in all cases, by filing the endorsement with the chief electoral officer before the end of the nomination period;

in the case of an individual nominated under

section 56, by filing the endorsement with the district electoral officer before the end of the nomination period.

For a general election, an endorsement under subsection (1) (

a) may be made as a single document endorsing candidates for a number of electoral districts.

At any time up until the end of the nomination period, the status of a candidate as representative of a registered political party may be cancelled by

the candidate delivering to the district electoral officer or chief electoral officer a written request to this effect signed by the candidate, or

the registered political party delivering to the district electoral officer or chief electoral officer a written request to this effect signed by at least 2 principal officers of the political party.

If a request under subsection (3) is received, the individual nominated remains a candidate but ceases to be a candidate representing the registered political party.

A registered political party may not at any one time be represented by more than one candidate in an election for a single electoral district.

Declaration of candidates and election

Immediately following the end of the nomination period under

section 56, the district electoral officer must publicly declare the following:

that the nomination period for the election is closed;

that the individuals whose nomination documents have been accepted for filing are candidates in the election, subject only to a court order under

section 66;

the names of the individuals who are candidates in the election;

if there is more than one candidate for the office to be filled, that an election by voting is to be held and the final voting day for that election;

if there is only one candidate for the office to be filled, that the candidate is elected by acclamation.

The district electoral officer must deliver a certified list of the candidates declared under subsection (1) to each of those candidates who requests it.

As soon as possible after the declaration, the district electoral officer must provide the chief electoral officer with the names of the candidates, the registered political parties they represent, if applicable, and any other information the chief electoral officer directs.

In the case of an election by acclamation, as soon as possible after the declaration, the district electoral officer must return the writ of election to the chief electoral officer certifying the name of the individual elected.

Notice of election by voting

As soon as possible after the declaration of an election by voting, the district electoral officer must publish a notice of election in accordance with

section 270.

The notice of election must include the following information:

the names of the candidates in the order and as the names will appear on the ballots;

as applicable, the status of each candidate as the representative of a registered political party or as an independent candidate;

the date, voting hours and voting places for final voting;

the dates, voting hours and voting places for advance voting;

d.1

the identification requirements for voting and for registering to vote in conjunction with voting;

how an individual may obtain information regarding other opportunities for voting in the election.

Candidates

When an individual is a candidate

An individual becomes a candidate when all the required nomination documents are accepted for filing and a certificate is issued by the district electoral officer under

section 56 (8) or by the chief electoral officer under

section 57 (8).

A candidate continues to be a candidate until the date of the return of the writ for the election, unless the individual earlier withdraws, dies or is declared under

section 66 to no longer be a candidate.

Withdrawal of candidate

At any time up until 48 hours before the start of advance voting, a candidate may withdraw from the election by delivering a signed withdrawal to the district electoral officer.

The candidate's signature on a withdrawal must be witnessed by at least one other individual who must sign the withdrawal as witness.

If only one candidate remains after a withdrawal, the district electoral officer must declare the candidate elected by acclamation and must as soon as possible after the declaration return the writ of election to the chief electoral officer certifying the name of the individual elected.

Death of candidate

If a candidate dies before the end of the nomination period, the nomination period ends on whichever of the following is later:

the end of the nomination period under

section 56;

1 p.m. on the sixth day after the date of death.

If a candidate dies between the end of the nomination period and the close of final voting,

the original election proceedings under the writ for the election are cancelled and election proceedings must be started again as if the writ for the election were issued on the day on which the chief electoral officer received proof of the death, and

no new nomination documents and deposit are required for a candidate in the original election proceedings and the individual is deemed to be a candidate in the continued election unless the individual withdraws.

Challenge of candidate

The nomination of a candidate may only be challenged by an application to the Supreme Court in accordance with this section.

The time period during which an application may be made is between the time the individual becomes a candidate in accordance with

section 63 (1) and noon on the fourth day after the end of the nomination period.

A challenge may only be made by a voter of the electoral district for which the election is being held or by another candidate for the election in the electoral district.

A challenge may only be made on one or more of the following bases:

that the individual is not qualified to be nominated or elected;

that the nomination was not made in accordance with Division 1 of this Part;

that the individual is not in fact nominated as an independent candidate, as stated in the nomination documents;

that the usual name given under

section 54 (2) (

c) in the nomination documents is not in fact the usual name of the individual.

At the time the petition commencing a challenge is filed in the court registry, the court

must set a time for the hearing that is adequate to allow the court to give its decision on the matter within the time limit established by subsection (7), and

may in its discretion fix the place for the hearing.

The individual making a challenge must notify affected individuals by

immediately notifying the district electoral officer and the affected candidate of the challenge and of the time and place at which it will be heard by the court, and

within 24 hours of commencing the application, serving on these individuals the petition, the accompanying affidavit and a notice of the time and place for the hearing.

Within 72 hours after the end of the period for commencing a challenge, not including Saturdays and holidays, the court must hear and determine the challenge.

On the hearing of a challenge, the court may issue an order

confirming the individual as a candidate,

declaring that the individual is not a candidate,

declaring that the individual is or is not entitled to have the usual name indicated in the nomination documents used on the ballot, or

declaring that the individual is not nominated as an independent candidate.

For certainty, the jurisdiction of the court under this

section may be exercised by an associate judge of the court.

The decision of the court on a challenge under this

section is final and may not be appealed.

Candidate entitled to leave from employment

If requested in writing by a candidate, the candidate's employer must grant the individual a leave without pay in accordance with this section.

The leave may be either full time or part time, as requested by the candidate.

If the leave is part time, the candidate's request must specify the days and hours of the leave.

Unless ended earlier by the employee, the leave ends as follows:

if the individual withdraws as a candidate, the day after that withdrawal;

if the individual is declared under

section 66 to no longer be a candidate, the day after that declaration;

in other cases, the day after the declaration of the results of the election under

section 137.

Despite any other enactment and despite any agreement to the contrary, throughout the leave under this

section the employee is entitled, subject to this section, to all benefits attached to the employment except pay.

If the employee makes a written request to this effect before or immediately at the beginning of the leave, the employee may continue to contribute to any pension, medical or other plan beneficial to the employee in which the employee participates, as long as the employee pays both the employee's and the employer's contributions to the plan.

Section 54 of the Employment Standards Act applies to a leave under this

section and the services of the employee are to be considered continuous for the purposes of sections 57 and 58 and

Part 8 of that Act.

An employer must not, because of a leave under this section,

dismiss, lay off, suspend, demote or transfer the employee, or

give the employee less favourable employment conditions or diminish any benefit attached to the employment to which the employee is entitled.

An employee who is affected by a contravention of this

section may make a complaint to the Director of Employment Standards or the authorized representative of that official, in which case

Part 11 of the Employment Standards Act applies as if the complaint were made under that Act.

As an alternative to a complaint under subsection (9), an employee affected by a contravention of this

section whose employment is covered by a collective agreement may have the complaint dealt with in accordance with the grievance procedure established by that agreement.

Nothing in this

section applies to preclude any other rights to leave that an individual may have or acquire.

Delivery of documents to candidates

Where a document is required or authorized for the purposes of this Act to be served on a candidate, if the document is left at the address given in the nomination documents under

section 54 (3) (i), the document is deemed to have been personally served on the candidate.

Where a document or information is required or authorized for the purposes of this Act to be served on or otherwise given to a candidate, giving the document or information to the official agent of the candidate is deemed to be giving it to the candidate.

Candidate Representatives

Appointment of official agent

A candidate may appoint one individual as official agent.

An individual may be appointed as both the financial agent and the official agent of the same candidate.

An appointment must be made in writing, must be signed by the candidate and must include the following:

the name of the individual appointed as official agent;

the residential address of the individual appointed;

an address at which documents will be accepted for delivery to or service on the official agent;

a telephone number at which the official agent can be contacted.

An appointment as official agent becomes effective when the appointment and a signed consent of the individual appointed to act as official agent are filed with the nomination documents or delivered to the district electoral officer.

Appointment of scrutineers and other candidate representatives

A candidate or the candidate's official agent may appoint candidate representatives in accordance with this

section to represent the candidate by observing the conduct of voting, registration at the time of voting and counting proceedings for the election.

An appointment as a candidate representative must be in writing, signed by the individual making the appointment, and include the following:

the name of the individual appointed;

if the individual is appointed as a scrutineer, the voting or counting proceedings for which the individual is appointed;

if the individual is appointed as a candidate representative for the purpose of

section 93 (2) (d) (iv), a statement of this appointment.

Notice of candidate agents

As soon as possible after the declaration under

section 61 of an election by voting, the district electoral officer must publish a notice of candidate agents in accordance with

section 270.

The notice of candidate agents must include for each candidate

the name and mailing address of the financial agent, and

if applicable, the name of the official agent and the address at which documents will be accepted for delivery to or service on the official agent.

If there is a change in the official agent or financial agent of a candidate, the district electoral officer must publish a new notice in accordance with this

section respecting the candidate.

Presence of candidate representatives at election proceedings

When requested by an election official, a candidate representative present at election proceedings must produce the candidate representative's appointment under this Division.

A candidate representative must not be present at voting or counting proceedings unless the candidate representative has made the solemn declaration to preserve the secrecy of the ballot referred to in

section 93 (4).

A candidate representative is entitled to inspect a voting book, list of voters or list of voter numbers being used in voting proceedings, so long as this does not interfere with the proceedings.

The absence of a candidate representative from a place where election proceedings are being conducted does not invalidate anything done in the election.

Voting

Voting Opportunities

Voting opportunities

A voter for an electoral district who meets the applicable requirements may vote in an election for the electoral district by one of the following:

final voting under

section 96 at a final voting opportunity;

advance voting under

section 97 at an advance voting opportunity;

voting under

section 98 at a special voting opportunity, subject to any applicable restrictions referred to in

section 77 (2);

voting under Division 5 of this Part using an alternative voting option.

Time off from work for voting

Subject to subsections (1.1) and (1.2), an employee who is entitled to vote in an election or who, on registration, will be entitled to vote in the election is entitled to have 4 consecutive hours free from employment during voting hours for final voting.

1.1

If both of the following apply, an employee is entitled to have 4 consecutive hours free from employment during voting hours for advance voting:

the employee has hours of employment scheduled on final voting day such that the employee would not have 4 consecutive hours free from employment during voting hours;

the employee is willing to vote at an advance voting opportunity.

1.2

An employee who is entitled to time off under subsection (1.1) is not entitled to time off under subsection (1).

If an individual's hours of employment do not allow for the consecutive hours referred to in subsection (1) or (1.1), the individual's employer must allow the individual time off from employment to provide those hours.

The employer may set time off required by subsection (2) as best suits the convenience of the employer.

An employer must not

without reasonable justification, fail to grant to an employee sufficient time off as required by subsection (2), or

make a deduction in pay for the time off or exact any penalty from the employee for the time off.

The following are not entitled to time off under this section:

election officials and individuals employed or retained by the chief electoral officer or a district electoral officer to work on final voting day;

individuals who, by reason of employment, are in such remote locations that they would be unable to reasonably reach any voting place during voting hours.

Final voting opportunities for electoral district

As soon as reasonably possible after an election is called for an electoral district, the district electoral officer must establish the voting places for final voting by specifying a voting place for each voting area within the electoral district.

A voting place for a final voting opportunity must be in or near the voting area for which it is being conducted.

The voting hours for final voting are from 8 a.m. to 8 p.m. Pacific Time on final voting day.

Advance voting opportunities for an electoral district

Advance voting opportunities must be held

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

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

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

commences 12 days before final voting day for the election, and

ends at least 2 days before final voting day for the election.

As soon as reasonably possible after an election is called for an electoral district, the district electoral officer must establish one or more voting places for advance voting opportunities such that voters in different parts of the electoral district have a reasonable opportunity to attend at least one advance voting opportunity.

The voting hours for an advance voting opportunity are from 8 a.m. to 8 p.m. on each day referred to in subsection (1).

Special voting opportunities

In order to give voters who may otherwise be unable to vote an opportunity to do so, the district electoral officer may establish one or more special voting opportunities under this section.

If a special voting opportunity is within a class established by the chief electoral officer by regulation, any restrictions established by the regulation on who may vote apply.

For each special voting opportunity, the district electoral officer must establish

the place where the voting opportunity is to be conducted,

the date of the voting opportunity, and

the voting hours for the voting opportunity, such that the time established does not extend later than the time set by

section 75 (3) for the close of final voting.

If a site-based voting area is established under

section 80 (4), voting under this

section for the voting area is deemed to be final voting for that voting area and a final voting opportunity under

section 75 is not required.

If authorized by the chief electoral officer, a special voting opportunity may be held outside the boundaries of the electoral district for which the district electoral officer is responsible.

The chief electoral officer may establish different election procedures at a special voting opportunity from those established under other provisions of this Act, in which case the procedures established by the chief electoral officer apply and the others do not.

Without limiting subsection (6), if authorized by the chief electoral officer, the district electoral officer may limit the number of scrutineers who may be present at a special voting opportunity, subject to the requirement that at least 2 scrutineers must be allowed to be present.

If the number of scrutineers permitted to be present is limited under subsection (7), the scrutineers must be selected

by agreement among the candidates in the election, or

if agreement cannot be reached, by lot conducted by the district electoral officer to select the candidates, who may each designate one scrutineer to attend the special voting opportunity.

Specified alternative voting options

As soon as reasonably possible after the district electoral officer establishes an office for use during an election, voting at the office of the district electoral officer as described in

section 104 must be available from that office until 4 hours before the time set by

section 75 (3) for the close of final voting.

Voting by mail-in voting must be available as soon as reasonably possible after mail-in voting packages have been prepared.

A voter may return a mail-in voting package

by mail to the address printed on the outer envelope included in the mail-in voting package provided to the voter, or

to an authorized drop-off location.

If the chief electoral officer specifies locations for the purposes of paragraph (

c) of the definition of "authorized drop-off location", the chief electoral officer must publish, on an Elections BC authorized internet site, the location and office hours of each authorized drop-off location as soon as reasonably possible after voting by mail-in voting is available under subsection (2).

Despite sections 25 (3) and (4) and 25.5 (1) and (2) of the

Interpretation Act and any other provision of this Act, an individual or organization responsible for an authorized drop-off location is not required to collect a mail-in voting package outside the location's regular office hours.

Notice of voting opportunities

The chief electoral officer must arrange for notice regarding voting opportunities to be given to voters.

Without limiting the discretion of the chief electoral officer, notice may be given by one or more of the following methods:

mailing to individual voters a notice indicating where they are entitled to vote;

publishing notice in newspapers or other media;

providing a central telephone information service.

1.1

Voting Administration Tools

Voting administration tools

79.01

In this Part and

Part 7, voting administration tools means the following types of tools:

electronic voting books;

ballot printers;

vote-counting equipment;

any other prescribed types of tools to assist in the conduct of voting proceedings.

Voting administration tools under subsection (1) (

d) must not include the following:

tools to enable voting using the internet;

tools to enable a voter to record a voter's candidate choice that does not involve marking a ballot paper.

For each election, the chief electoral officer may

specify whether one or more types of voting administration tools are to be used for the following:

a specified electoral district or a specified class of electoral districts;

a specified geographic area or community within an electoral district;

iii

a specified voting opportunity or a specified class of voting opportunities;

a specified alternative voting option or a specified class of alternative voting options;

a specified voting place or a specified class of voting places;

any other prescribed circumstance in which, or location at which, one or more voting administration tools are to be used, and

specify the following in accordance with voting administration tools specified:

the number of election officials required to conduct the election proceedings;

the responsibilities of election officials in relation to the voting proceedings in which the voting administration tools are used.

If the chief electoral officer specifies anything under this section, the chief electoral officer must publish the matters specified on an Elections BC authorized internet site as follows:

in the case of a general election conducted in accordance with

section 23 (2) or (3) of the Constitution Act , at least 60 days before the date the election is called;

in the case of a by-election, or a general election that is not conducted in accordance with

section 23 (2) or (3) of the Constitution Act , as soon as practicable after the date the election is called.

If, in the opinion of the chief electoral officer, circumstances arise in which changing a matter specified under this

section would facilitate the conduct of voting proceedings, the chief electoral officer

may make the change, and

must publish the change on an Elections BC authorized internet site as soon as practicable.

Use of electronic voting book

79.02

This

section applies if the chief electoral officer specifies the use of an electronic voting book under

section 79.01.

The chief electoral officer must establish procedures respecting the use of an electronic voting book, which must include the following:

procedures in relation to how the electronic voting book is to be used by the chief electoral officer, district electoral officers and election officials;

procedures in relation to the security of the electronic voting book, including how the data in the electronic voting book are to be stored and protected from damage or loss;

procedures in relation to how and when the data in the electronic voting book may be accessed;

procedures in relation to addressing circumstances in which there may be connectivity issues, software issues or similar issues that prevent or compromise the use of the electronic voting book;

procedures in relation to anything else the chief electoral officer considers necessary for conducting voting proceedings and maintaining the integrity of voting proceedings in which the electronic voting book is used.

Use of ballot printer

79.03

This

section applies if the chief electoral officer specifies the use of ballot printers under

section 79.01.

Subject to subsection (3), a ballot printer may be used to print a ballot only in the following circumstances:

if a voter is voting for another electoral district for which an election is being conducted at the same time as the election in which the voter is voting;

if there are not sufficient numbers of pre-printed ballots.

The chief electoral officer may direct the use of a ballot printer for a voter voting for another voting area in the same electoral district as the voting area in which the voter is resident.

The chief electoral officer must establish procedures for the use of a ballot printer, which must include the following:

procedures establishing how the ballot printer is to be used by the chief electoral officer, district electoral officers and election officials;

procedures in relation to the security of the ballot printer, both while being used in a voting proceeding and at other times.

Use of vote-counting equipment

79.04

This

section applies if the chief electoral officer specifies the use of vote­counting equipment under

section 79.01.

The following restrictions apply with respect to the use of vote-counting equipment:

the vote-counting equipment must not be a part of or connected to an electronic network during the voting proceedings;

at the discretion of the chief electoral officer, the vote-counting equipment may be securely connected to an electronic network for the purpose of transmitting information to the chief electoral officer or, if authorized by the chief electoral officer, to a district electoral officer;

the vote-counting equipment must be tested in accordance with industry standards;

before the first use of the vote-counting equipment for the election, the supervising election official must demonstrate that no votes have been recorded on the equipment;

the vote-counting equipment must not be used to generate, print or report election results until after the close of final voting on final voting day.

For the purpose of subsection (2) (c), testing includes, without limitation, logic and accuracy testing.

The chief electoral officer must establish procedures for the use of vote-counting equipment, which must include the following:

procedures establishing how the vote-counting equipment is to be used by the chief electoral officer, district electoral officers and election officials;

procedures in relation to the testing of the vote-counting equipment as described in subsection (2) (c);

procedures in relation to the security of the vote-counting equipment, while it is being used in a voting proceeding and at other times;

procedures establishing what steps to take if the vote-counting equipment provides a notification described in subsection (5);

procedures in relation to anything else the chief electoral officer considers necessary for conducting voting proceedings and maintaining the integrity of voting proceedings in which vote-counting equipment is used.

Vote-counting equipment must be programmed in such a manner that the equipment provides a notification if the equipment detects the followi