Copyright © Queen's Printer,

Victoria, British Columbia, Canada

Licence

Disclaimer

Volume 57, No. 13

145/2014

The British Columbia Gazette,

Part II

July 15, 2014

B.C. Reg. 145/2014 , deposited July 14, 2014, under the SCHOOL ACT [section 175]. Order in Council 442/2014, approved and ordered July 11, 2014.

On the recommendation of the undersigned, the Lieutenant Governor, by and with the advice and consent of the Executive Council, orders that the Francophone Education Authorities Regulation, B.C. Reg. 212/99, is amended as set out in the attached Schedule.

— P. FASSBENDER, Minister of Education ; S. THOMSON, Presiding Member of the Executive Council .

Schedule

Section 2 (1) (

d) of the Francophone Education Authorities Regulation B.C. Reg. 212/99, is amended

(

a) by striking out “ School Act ” and substituting “ Act ”, and

(

b) by striking out “ from voting in an election in British Columbia or ”.

Section 3 is amended by repealing paragraphs (

b) and (

c) and substituting the following:

(

b) a person who is disqualified under

section 166.18 (6) [unexcused absence from board meetings] or 166.19 (3) [failure to make oath or affirmation of office] of the Act ;

(

c) a person who is disqualified under the Local Elections Campaign Financing Act

(

i) from holding office on a local authority, or

(ii) as that Act applies under Division 4 [Campaign Financing] of

Part 2 of this regulation;

(

d) a person who is disqualified from holding office under Division 17 [Election Offences] of

Part 3 of the Local Government Act as it applies under that Act, the Act or any other Act.

Section 4 (3) is amended

(

a) by striking out “ an intention to run for office ” and substituting “ an intention to stand for election ”, and

(

b) by striking out “

section 7 ” and substituting “

section 7 (1) (a) ”.

Section 7 is amended

(

a) by repealing subsections (1), (2) and (3) and substituting the following:

(1) At least 90 days before election day, a member of a francophone education authority who is prepared to stand for election as a regional trustee for a ward must provide to the secrétaire trésorier, in writing, the following:

(

a) a statement, signed by the member, in which the member declares an intention to stand for election as a regional trustee;

(

b) as applicable, a statement

(

i) that the member is acting as his or her own financial agent within the meaning of the Local Elections Campaign Financing Act , or

(ii) identifying the person who is appointed under the Local Elections Campaign Financing Act to act as financial agent for the member;

(

c) the written disclosure required by

section 2 (1) [requirement to make written disclosure] of the Financial Disclosure Act ;

(

d) the information required under subsection (2);

(

e) a solemn declaration of the member in accordance with subsection (3).

(2) For the purposes of subsection (1) (d), the following information must be provided:

(

a) the full name of the member;

(

b) the usual name of the member, if the full name of the member is different from the name the member usually uses and the member wishes to have his or her usual name on the ballot instead;

(

c) the francophone education authority in relation to which, and the ward in which, the member is prepared to stand for election as a regional trustee;

(

d) the residential address of the member, and the mailing address if this is different;

(

e) a telephone number at which the member may be contacted;

(

f) an email address at which the member may be contacted, unless the member does not have such an address;

(

g) an address for service within the meaning of the Local Elections Campaign Financing Act ;

(

h) any other information or material required by regulation

(

i) under

section 156 [regulations] of the Local Government Act , or

(ii) under

section 92 (1) (g) [provision of information between Elections BC and local authorities] of the Local Elections Campaign Financing Act .

(3) For the purposes of subsection (1) (e), the member who intends to stand for election must make a solemn declaration

(

a) that he or she is qualified under the Act to hold the office,

(

b) that, to the best of the member’s knowledge and belief, the information provided under this

section is true,

(

c) that the member fully intends to accept the office if elected, and

(

d) that the member

(

i) is aware of the Local Elections Campaign Financing Act ,

(ii) understands the requirements and restrictions that apply to the member under that Act, and

(iii) intends to fully comply with those requirements and restrictions. ,

(

b) in subsection (4)

(

i) by striking out “ subsection (3) ” and substituting “ subsection (1) (e) ”, and

(ii) in paragraph (

c) by striking out “ person ” and substituting “ member ”,

(

c) in subsection (5) by striking out “ an intention to run under subsection (1) ” and substituting “ an intention to stand for election under subsection (1) (a) ”, and

(

d) by adding the following subsections:

(7) If there is any change in the information or material required to be provided under subsection (1) (

b) or (2) (e), (f), (

g) or (h) (i), the member must, as soon as practicable, provide updated information and material

(

a) to the secrétaire trésorier, if the change occurs before the declaration of the results of the election, or

(

b) to the BC chief electoral officer, if the change occurs after the declaration of those results.

(8) The obligation under subsection (7) (

b) to provide updated information and material to the BC chief electoral officer ends when all disclosure and record retention obligations under the Local Elections Campaign Financing Act in relation to the member have been fulfilled.

Section 8 is amended in subsections (3) (

c) and (7) (

b) by striking out “

section 7 (2) ” and substituting “

section 7 (2) (b) ”.

Section 16 (3) is repealed and the following substituted:

(3) A member who is prepared to stand for election as regional trustee for the ward must, no later than 30 days after notice was sent under subsection (1), provide to the secrétaire trésorier the information or material required under

section 7 (1).

Section 17 is repealed.

Section 18 is amended

(

a) in subsection (3) by striking out “ Municipal Act ” and substituting “ Local Government Act ”, and

(

b) by repealing subsection (4) and substituting the following:

(4) For the purposes of subsection (3), a reference to a municipality or regional district in Division 15 [Declaration of Invalid Election] of

Part 3 of the Local Government Act is to be read as a reference to a francophone education authority.

9 The following Divisions are added to

Part 2:

Division 4 – Campaign Financing

Local Elections Campaign Financing Act applies

19.1 Subject to this Division, the Local Elections Campaign Financing Act applies in relation to the election of regional trustees of a francophone education authority.

Adapting provisions of Local Elections Campaign Financing Act

19.2 For the purposes of

section 19.1, references in the Local Elections Campaign Financing Act are to be read in accordance with the following:

(

a) a reference to a designated local authority officer is to be read as a reference to the secrétaire trésorier of the applicable francophone education authority;

(

b) a reference to a jurisdiction is to be read as a reference to a francophone education authority;

(

c) a reference to a jurisdiction area is to be read as a reference to a francophone school district;

(

d) a reference to a local authority is to be read as a reference to a board of regional trustees;

(

e) a reference to a local election officer is to be read as a reference to the secrétaire trésorier of the applicable francophone education authority.

Declared as candidate

19.3

(1) For the purposes of

section 19.1, a member is considered to be declared to be a candidate if

(

a) the member’s name appears in a list referred to in

section 7 (6), or

(

b) the member complies with

section 16 (3).

(2) For the purposes of applying the definition of “declared” in

section 1 of the

Schedule to the Local Elections Campaign Financing Act , “declared” , in relation to a candidate, means declared as a candidate under subsection (1) of this section.

Candidate financial agent appointment

19.4

(1) For the purposes of applying

section 17 (5) [each candidate must have a financial agent] of the Local Elections Campaign Financing Act , if the statement referred to in

section 7 (1) (b) (ii) of this regulation identifies an appointed financial agent for a member, the member must deliver the information and material required under

section 17 (5) of the Local Elections Campaign Financing Act to the secrétaire trésorier

(

a) at least 90 days before election day, or

(

b) no later than 30 days after notice is sent under

section 16 (1) of this regulation.

(2) For the purposes of applying

section 62 (1) (a) [other information to be publicly available] of the Local Elections Campaign Financing Act , a reference to nomination documents is to be read as a reference to the information and material delivered under subsection (1) of this section.

Initial provision of information between Elections BC and secrétaire trésorier

19.5 For the purposes of applying

section 92 (1) [provision of information between Elections BC and local authorities] of the Local Elections Campaign Financing Act , the secrétaire trésorier must provide to the BC chief electoral officer the information and material referred to in that

section as soon as practicable after

(

a) a member is declared to be a candidate, and

(

b) that information and material is provided to the secrétaire trésorier.

Disclosure requirements

19.6

(1) For the purposes of applying

section 16 [general information respecting candidate] of the Local Elections Campaign Financing Regulation, B.C. Reg. 106/2014, if

(

a) the jurisdiction referred to in subsection (1) (

b) of that

section is a francophone education authority in relation to an election for a regional trustee under the Act, and

(

b) the francophone education authority has more than one ward,

the candidate disclosure statement must include the ward in relation to which the person is a candidate.

(2) For the purposes of applying

section 36 [general information respecting third party sponsor] of the Local Elections Campaign Financing Regulation, if

(

a) the jurisdiction referred to in subsection (1) (

c) of that

section is a francophone education authority in relation to an election for a regional trustee under the Act, and

(

b) the francophone education authority has more than one ward,

the third party disclosure statement must include the ward in relation to which the third party sponsor is a candidate.

Division 5 – Election Offences

Local Government Act offences

19.7

(1) Division 17 [Election Offences] of

Part 3 of the Local Government Act applies in relation to the election of regional trustees of a francophone education authority.

(2) If a person elected as a regional trustee is disqualified from holding office under Division 17 of

Part 3 of the Local Government Act , the office to which the person was elected is deemed to be vacant.

Local Elections Campaign Financing Act offences

19.8 For certainty, Division 2 [Offences] of

Part 7 of the Local Elections Campaign Financing Act applies in relation to the application of that Division to the election of regional trustees of a francophone education authority.

Schedule D is amended

(

a) in sections 1, 2 and 3 by striking out “ School Act ” and substituting “ Act ”,

(

b) in

section 1 by repealing paragraph (c),

(

c) in

section 3

(

i) by repealing paragraphs (

b) and (d), and

(ii) in paragraph (

c) by striking out “ 12 and 13 ” and substituting “ 12, 13 and 16 ”.

Copyright © 2014: Queen's Printer, Victoria, British Columbia, Canada