Copyright (

c) Queen's Printer,

Victoria, British Columbia, Canada

License

Disclaimer

2011/12 Legislative Session: 4th Session, 39th Parliament

FIRST READING

The following electronic version is for informational purposes only.

The printed version remains the official version.

MR. JOHN LES

BILL M 213 – 2012

SENATE ELECTION ACT

Table of Contents

Purpose of this Act

Part 1 – Preliminary Matters

Interpretation and application

Part 2 – Election Officers and Commencing Elections

Senators not eligible as election officers

Lieutenant Governor in Council to commence election

When elections are to be held

Issue of writ

Election proclamation

Part 3 – Candidates and Nominations

Qualification for nomination

Business manager required

Filing and form of nomination paper

When nomination paper is valid

Description and affiliation of candidates

Candidate's deposit

Information to be provided to candidate

Withdrawal of candidate

Death of candidate

Close of nominations

Election by acclamation

Part 4 – Senate Nominees

Senate nominee submission

When an individual ceases to be a nominee

Part 5 – Elections and Voting

Electoral districts and election order

Who may vote

In the case of multiple vacancies

Contents of ballots

Advance voting and special voting opportunities

Approval of computer program for internet voting and vote counting

Security of internet voting

Counting of votes

Mail-in ballot provision

Recounts and appeals

Announcement of official results

Return to the writ

Preparation of Senate nominee submission

When a Senate nominee may issue a disclaimer

Part 6 – Other

Controverted election

Expenditures limited during election

General offence

Appropriation

Regulations

Sunset

Part 7 – Coming into Force

Coming into force

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

Purpose of this Act

1 The purpose of this Act is to set out the electoral process required to democratically elect Senatorial nominees, selected by the electors of British Columbia, to be submitted by the Government of British Columbia to the Queen's Privy Council for Canada for appointment to the Senate of Canada.

Part 1 – Preliminary Matters

Interpretation and application

(1) In this Act:

(a) "candidate" means an individual who is nominated in accordance with

Part 4 as a candidate for election pursuant to this Act;

(b) "election proclamation" means an election proclamation issued pursuant to

section 7;

(c) "minister" means the member of the Executive Council to whom for the time being the administration of this Act is assigned;

(d) "prescribed" means prescribed in the regulations;

(e) "registered political party" means a political party that is registered pursuant to the Election Act ;

(f) "Senate nominee" means a candidate who has been declared elected following the most recent election held pursuant to this Act as an individual whose name is to be submitted to the Queen's Privy Council for Canada in accordance with

Part 4;

(g) "writ" means a writ issued pursuant to

section 6;

(h) "ballot paper" includes an electronic ballot;

(i) "Chief Electoral Officer" refers to the Chief Electoral Officer or British Columbia as appointed by the Lieutenant Governor in Council.

(2) For the purposes of this Act, a document that is required to be filed with the Chief Electoral Officer is filed when it is actually received by the Chief Electoral Officer.

(3) Except as otherwise provided in this Act or the regulations, terms used in this Act have the meanings prescribed to them in the Election Act .

Part 2 – Election Officers and Commencing Elections

Senators not eligible as election officers

(1) None of the following person(

s) is eligible to be appointed as an election officer for the purposes of conducting an election pursuant to this Act:

(

a) a member of the Executive Council of British Columbia;

(

b) a member of the Senate of Canada, the House of Commons of Canada or the Legislative Assembly of British Columbia;

(

c) a judge of the federal or provincial courts;

(

d) the Chief Electoral Officer or the Assistant Chief Electoral Officer;

(

e) a candidate at the election, a business manager of a candidate or a candidate's representative;

(

f) a person who has been found guilty by a competent tribunal of a corrupt practice or who has been convicted by a competent tribunal of any offence against this Act, the Election Act or any previous Election Act ;

(

g) a person convicted of an indictable offence within the five years preceding the date of the issue of the writ; and

(

h) any other person who is not eligible to be an election officer for the purposes of the Election Act .

(2) No person mentioned in subsection (1) shall act as an election officer.

(3) A contravention of this

section does not affect the validity of an election.

Lieutenant Governor in Council to commence election

(1) Subject to

section 5, the Lieutenant Governor in Council may commence an election pursuant to this Act by issuing an order that directs the Chief Electoral Officer to issue a writ of election in the prescribed form.

(2) Subject to

section 7, the order issued pursuant to subsection (1) must:

(

a) fix the day that the Chief Electoral Officer shall issue the writ;

(

b) fix the Senate electoral district or districts to be filled pursuant to

section 21;

(

c) fix the nomination day for candidates;

(

d) fix any five days before polling day on which the advance poll is to be held, and those days:

(

i) must not include a holiday; and

(ii) must be neither more than fourteen clear days nor less than one clear day before polling day;

(

e) fix the polling day;

(

f) fix the day and time when, and the place where, the announcement of official results of the election is to be made as required by

section 32; and

(

g) fix the date of the return of the writ.

(3) An order issued pursuant to subsection (1) may contain any further prescribed matters.

When elections are to be held

(1) The Lieutenant Governor in Council may commence elections within 24 months of the passing of this Act for all six electoral districts created in

section 21.

Issue of writ

(1) On receipt of an order issued pursuant to

section 4, the Chief Electoral Officer shall issue the writ.

(2) A writ must:

(

a) be in the prescribed form; and

(

b) contain the prescribed matters.

(3) The Chief Electoral Officer shall deliver a copy of the writ to each district electoral officer.

Election proclamation

(1) As soon as possible after issuing a writ, the Chief Electoral Officer shall issue an election proclamation in the prescribed form.

(2) An election proclamation must set out:

(

a) the day, time and place fixed for the nomination of candidates;

(

b) the polling day;

(

c) the name, address and telephone number of the district electoral officer; and

(

d) any other prescribed matters.

(3) As soon as possible after issuing an election proclamation, the Chief Electoral Officer shall ensure that adequate notice is given to the public regarding the proclamation.

(4) Pursuant to subsection (3), the Chief Electoral Officer must ensure that adequate notice is given in every applicable regional district in the Province.

(5) The Chief Electoral Officer may publish a copy of an election proclamation in any manner that the Chief Electoral Officer considers appropriate for the purposes of informing the public.

Part 3 – Candidates and Nominations

Qualification for nomination

(1) An individual is qualified to be nominated as a candidate if that individual:

(

a) meets the requirements set out in

section 52 (1) and (2) of the Election Act ;

(

b) on the day the nomination paper is filed, meets the qualifications set out in

section 23 of the Constitution Act, 1867 ; and

(

c) is not prohibited from being a candidate for election pursuant to this Act or any other prescribed grounds.

Business manager required

(1) Before filing his or her nomination papers, every potential candidate shall appoint a business manager.

(2) A potential candidate shall appoint as business manager an individual who:

(

a) is an eligible voter in British Columbia pursuant to

section 22 of this Act; and

(

b) is willing to serve as business manager and provides the potential candidate with his or her written consent to serve.

(3) A potential candidate or candidate shall give written notice of the name, address and telephone number of the individual appointed as business manager to the Chief Electoral Officer.

(4) Every business manager shall perform the duties imposed on, and may exercise the powers given to, business managers by this Act and the regulations.

(5) If it becomes necessary to appoint a new business manager, the candidate or potential candidate shall immediately notify the Chief Electoral Officer in writing of the name, address and telephone number of the individual so appointed.

Filing and form of nomination paper

(1) At any time following publication of an election proclamation and before 2:00 p.m. on nomination day, an individual who is qualified, pursuant to

section 10, must submit nomination papers to the Chief Electoral Officer that contain, pursuant to subsection (6), the signatures and information of at least 1,000 eligible voters.

(2) A nomination paper must be in the prescribed form.

(4) Each voter in whose presence the nominator signed the nomination paper shall:

(

a) state his or her name and address on the nomination paper; and

(

b) following the statement mentioned in clause (a), sign his or her name as witness.

(5) The candidate shall indicate his or her consent to serve by signing the nomination paper in the presence of a witness who shall:

(

a) sign his or her name as witness; and

(

b) take the affidavit of attestation forming part of the nomination paper.

(6) The nomination paper must contain the candidate's written consent to serve and must state:

(

a) the name, address and occupation of the candidate;

(

b) a specific place, being either a residence or a place of business in British Columbia, at which notices and other documents issued or to be served pursuant to this Act may be served on the candidate; and

(

c) the name, address and telephone number of the candidate's business manager and the business manager's written consent to serve.

(7) Notwithstanding any other Act or law, leaving a copy of any notice or other document at the place mentioned in clause (6) (

b) is deemed for the purposes of this Act to be personal service of that document on the candidate.

(8) The Chief Electoral Officer may, in the case of an emergency, accept a nomination paper by facsimile, if the originals and the deposit required by

section 13 are subsequently provided to the Chief Electoral Officer within 48 hours after the end of the period mentioned in subsection (1).

(9) On the filing of a valid nomination paper, the Chief Electoral Officer shall give a receipt in the prescribed form as evidence of the receipt of the deposit required by clause 11 (1) (

e) and of the filing of the nomination paper.

When nomination paper is valid

(1) A nomination paper is valid only if:

(

a) it states an address within British Columbia at which documents may be served and notices may be given respecting the candidate;

(

b) it contains the appointment, name, address and telephone number of the business manager of the individual being nominated;

(

c) it states that the individual being nominated:

(

i) is qualified pursuant to

section 8 to be nominated; and

(ii) consents to the nomination;

(

d) it is accompanied with the names, addresses and signatures required by subsection 12 (4) of each voter who witnessed the signatures of the voters nominating the candidate;

(

e) it is accompanied by a deposit in the amount of $5,000;

(

f) it is signed by the candidate; and

(

g) it is filed with the Chief Electoral Officer before 2:00 p.m. on nomination day.

Description and affiliation of candidates

(1) In this section, "party name or abbreviation" means the party name, short form of the party name or abbreviation of the party name of a registered political party that has been:

(

a) filed and approved pursuant to the Election Act ; and

(

b) approved pursuant to subsections (4) to (6).

(2) If a candidate has been endorsed by a registered political party and wishes to have the party name or abbreviation appear on the ballot paper and any election documents relating to him or her, the candidate shall file with the nomination paper a written document that is signed by the leader of the registered political party.

(3) A written document mentioned in subsection (2) must be filed with the Chief Electoral Officer.

(4) For the purposes of this section, the leader of a registered political party shall provide the Chief Electoral Officer with a written application setting out the following that are to be shown on any ballot paper and on any election documents:

(

a) the full name of the registered political party as approved pursuant to the Election Act ;

(

b) any short form of the name of the registered political party as approved pursuant to the Election Act ; and

(

c) any abbreviation of the name of the registered political party as approved pursuant to the Election Act .

(5) The Chief Electoral Officer shall examine the application submitted pursuant to subsection (4) and shall either approve or, in the circumstances set out in subsection (6), not approve the application.

(6) The Chief Electoral Officer shall not approve the application if:

(

a) the full name, short form of the name or abbreviation of the name of the registered political party provided to the Chief Electoral Officer is not identical to the party name, short form of the name or abbreviation of the name of the registered political party approved pursuant to the Election Act ; or

(

b) the name of the political party includes the word "Independent" or an abbreviation of that word.

(7) If a candidate files a written document signed by the leader of a registered political party in accordance with subsection (2), the political affiliation of the candidate must be stated on the ballot paper and the election documents relating to the candidate as being the registered political party that endorses that candidate.

(8) If a candidate does not file a written document from a leader of a registered political party in accordance with subsection (2) and the candidate does not wish to be described on the ballot paper or any election documents relating to him or her by the word "Independent", the candidate shall file with the nomination paper a written document signed by the candidate directing that the word "Independent" not be used.

(9) If a candidate files a written document in accordance with subsection (8), the candidate shall not be described on the ballot paper or any election documents relating to the candidate as having any political affiliation or by the use of the word "Independent".

(10) If a candidate does not file a written document in accordance with subsection (2) or (8), the candidate must be described on the ballot paper and any election documents relating to the candidate by the word "Independent".

Candidate's deposit

(1) The deposit mentioned in clause 11 (1) (e):

(

a) must be in Canadian currency;

(

b) must be made payable to the Minister of Finance; and

(

c) may be either a postal money order or in the form of a certified cheque drawn on a valid account in a bank, trust corporation or credit union.

(2) The Chief Electoral Officer shall immediately refund a deposit to a candidate after the final count of the vote if the candidate:

(

a) receives a sufficient number of votes in order to qualify to be a Senate nominee; or

(

b) obtains at least 5,000 votes in an election held pursuant to this Act.

(3) If a candidate is deceased after being nominated and before the closing of the polling places on polling day, the deposit shall be refunded to the candidate's business manager.

(4) In all other cases a candidate forfeits his or her deposit, and the Chief Electoral Officer shall forward the deposit to the Minister of Finance for deposit in the general revenue fund.

Information to be provided to candidate

(1) On the filing of a valid nomination paper of a candidate, the Chief Electoral Officer shall provide to the candidate the name, address and telephone number of each district electoral officer.

Withdrawal of candidate

(1) A candidate who is nominated may withdraw at any time after his or her nomination and before the close of polling day by filing with the Chief Electoral Officer a written declaration in the prescribed form.

(2) Votes that are cast for a candidate who withdraws are void.

(3) If the withdrawal of a candidate leaves only one candidate for the election, the Chief Electoral Officer shall immediately declare the remaining candidate duly elected and shall proceed to act in accordance with

section 18.

(4) A candidate who withdraws after his or her nomination forfeits his or her deposit.

Death of candidate

(1) If a candidate is deceased after being nominated and before the closing of the polling places on polling day, any votes cast for that candidate are void.

Close of nominations

(1) On nomination day, the Chief Electoral Officer shall:

(

a) attend the place fixed for the nomination of candidates at 9:00 a.m.;

(

b) read or cause to be read publicly the writ;

(

c) immediately announce in an audible voice the nominations that have been received; and

(

d) if necessary, and no later than 2:00 p.m., announce any further nominations that are received.

(2) At 2:00 p.m. on nomination day, if there is more than one candidate remaining in nomination, the Chief Electoral Officer shall, at the place fixed for the nomination:

(

a) declare the nominations closed; and

(

b) in an audible voice:

(

i) announce the name, address and occupation of each candidate as well as each candidate's electoral district;

(ii) announce the name, address and telephone number of each candidate's business manager; and

(iii) announce the date of polling day and the place, date and time at which the official results of the election pursuant to this Act will be announced.

(3) On complying with subsection (2), the Chief Electoral Officer shall, as soon as possible:

(

a) make available a list of the candidates to each candidate or each candidate's business manager;

(

b) make available a list of eligible voters to each candidate or each candidate's business manager; and

(

c) publish a notice in the prescribed form of:

(

i) the name, political affiliation, if any, address and occupation of each candidate;

(ii) the name, address and telephone number of each candidate's business manager; and

(iii) the date of polling day.

(4) The Chief Electoral Officer shall publish the notice required by clause (3) (

c) in one or more newspapers having general circulation in the electoral district to be filled.

Election by acclamation

(1) If at the close of nominations there is only one candidate for nomination for the electoral district or districts, the Chief Electoral Officer shall immediately:

(

a) declare the candidate or candidates elected;

(

b) give to the candidate or candidates, or, if the candidate is absent, the candidate's business manager or to any individual authorized in writing by the candidate, a certificate that the candidate has been elected; and

(

c) forward to the Cabinet Secretary:

(

i) a return to the writ in the prescribed form; and

(ii) a certificate in writing declaring the candidate or candidates elected.

Part 4 – Senate Nominees

Senate nominee submission

(1) Following each election that is held pursuant to this Act:

(

a) on behalf of the Government of British Columbia, the Cabinet Secretary shall submit the name or names of the successfully elected individual or individuals to the Queen's Privy Council for Canada so they may be appointed to the Senate of Canada.

When an individual ceases to be a nominee

(1) An individual remains as a Senate nominee until the earliest of:

(

a) the day the individual is appointed to the Senate of Canada; or

(b) 24 months passes following the individual's election and they have yet to be appointed to the Senate; or

(

c) the day the individual files a disclaimer with the Chief Electoral Officer in accordance with

section 35; or

(

d) the day the individual takes an oath or makes a declaration or acknowledgement of allegiance, obedience, or adherence to a foreign power, or does

an act whereby the individual becomes a subject or citizen, or entitled to the rights or privileges of a subject or citizen, of a foreign power; or

(

e) the day the individual is adjudged bankrupt or insolvent, or applies for the benefit of any law relating to insolvent debtors, or becomes a public defaulter; or

(

f) the day the individual is convicted of treason or convicted of a felony or of any infamous crime; or

(

g) the day the individual no longer meets the qualifications for appointment to the Senate of Canada pursuant to

section 23 of the Constitution Act, 1867 ; or

(

h) the day the individual ceases to be qualified to be nominated as a candidate pursuant to

section 8.

Part 5 – Elections and Voting

Electoral districts and election order

(1) Senate electoral districts shall be created and maintained along four principles to be considered concurrently with equal emphasis:

(

a) recognizing the need to keep common geographic regions of the province together;

(

b) recognizing the need to maintain an electoral district that encompasses a manageably-sized geographic region in sparsely populated areas of the province;

(

c) recognizing the need to maintain districts that are similar in terms of their population and interests; and

(

d) using Federal Electoral Districts as a basis for division, updated periodically to reflect re-districting.

(2) Recognizing the four principles in subsection (1), the initial Senate electoral districts will be created by a panel of three including:

(

a) the Chief Electoral Officer;

(

b) a distinguished political scientist, to be appointed by the Lieutenant Governor in Council; and

(

c) a member of the general public who meets the requirements of

section 22, to be appointed by the Lieutenant Governor in Council.

(3) Upon the passing of this Act, the panel created by subsection (2) will work to create boundaries for six Senate electoral districts, using the principles of subsection (1), with the following names:

(

a) Vancouver Island

(

b) Southern Interior

(

c) Northern British Columbia

(

d) South of the Fraser

(

e) North of the Fraser

(

f) Vancouver

(5) Subsequent to additional Senate seats being created in British Columbia, a panel as described in subsection (2) shall make any necessary amendments to the distribution or composition of the Senate electoral districts by the principles laid out in subsections (1) and (3).

Who may vote

(1) Those eligible to vote in an election pursuant to this Act are consistent with

Part 4 of the Election Act and that Act applies, with any necessary modification, for that purpose.

In the case of multiple vacancies

(1) If an election held pursuant to this Act is being held to fill multiple vacancies:

(

a) voters will only be allowed the opportunity to vote in their electoral district pursuant to

section 21;

(

b) registered political parties will be permitted to nominate one candidate for each vacancy; and

(

c) the Chief Electoral Officer may approve any changes necessary to facilitate

section 1.

Contents of ballots

(1) Every ballot used in an election pursuant to this Act shall contain a brief explanatory note stating the names, occupations and party affiliation of each candidate that may be elected as fixed pursuant to clause 4 (2) (b).

(2) Every ballot must contain the names and occupations of the candidates as set out in the nomination papers, arranged alphabetically according to the respective surnames and with the surname last.

(3) The ballot will be in electronic form.

(4) The Chief Electoral Officer may approve changes to the electronic form of the ballot that are necessary to facilitate the display of the electronic form.

Advance voting and special voting opportunities

(1) Advance and special voting opportunities shall be provided consistent with

Part 6, Division 1 of the Election Act and that Act applies, with any necessary modification, for that purpose.

Approval of computer program for internet voting and vote counting

(1) The Chief Electoral Officer will approve a computer program to allow internet voting and perform steps to ensure the scrutiny of votes in an election.

(2) The Chief Electoral Officer will only approve a program if:

(

a) using the program would give the same result in the scrutiny of votes in an election that would be obtained if the scrutiny were conducted without computer assistance;

(

b) the program gives an elector the opportunity to correct any mistakes before processing the vote;

(

c) the program will not allow a person, regardless of his or her capacity, to find out how a particular elector cast his or her vote; and

(

d) it complies with both

section 27 and

section 28.

(2) When required to comply with subsection (1), the Chief Electoral Officer will provide a voting place consistent with

section 81 of the Election Act .

(3) Pursuant to subsection (2), a voting station within a voting place will be consistent with

section 82 of the Election Act with the necessary amendments to facilitate the program chosen in

section 26 as deemed appropriate by the Chief Electoral Officer.

Security of internet voting

(1) The Chief Electoral Officer must take the necessary steps to ensure that the program chosen in

section 26 is kept secure from interference at all times.

(2) The Chief Electoral Officer must keep backup copies of electronic data produced by the program chosen in

section 26 until either:

(

a) the writ in

section 6 has been issued for the next election; or

(

b) backup copies are no longer required, as determined by the Chief Electoral Officer.

Counting of votes

(1) The counting of votes for an election pursuant to this Act will be consistent with

Part 7 of the Election Act with any necessary modifications required to facilitate the counting of votes in an electronic form using the program approved in

section 26 as deemed appropriate by the Chief Electoral Officer.

Mail-in ballot provision

(1) If it is determined by the Chief Electoral Officer that it is not possible to make preparations for a safe and secure electronic vote in time for election day, the Chief Electoral Officer may approve a mail-in ballot to be issued for the purposes of carrying out the requirements of this Act.

Recounts and appeals

(1) Subject to this Act, any recounts and appeals of the vote, including but not limited to a judicial recount, must be conducted in the manner set out in the Election Act and that Act applies, with any necessary modification, for that purpose.

Announcement of official results

(1) The Chief Electoral Officer shall attend at the place, date and time stated in the election proclamation and announce, in an audible voice:

(

a) the official results of the election pursuant to this Act; and

(

b) the name or names of the candidate or candidates who were successfully elected for any and all Senate electoral districts.

Return to the writ

(1) After complying with sections 26 and 28, the Chief Electoral Officer shall make a return to the writ.

(2) A return to the writ must:

(

a) be in the prescribed form; and

(

b) contain the name or names of the candidate or candidates elected in accordance with this Act.

(3) The Chief Electoral Officer shall deliver the return to the writ to the Cabinet Secretary.

Preparation of Senate nominee submission

(1) On receipt of the return to the writ pursuant to

section 32, the Cabinet Secretary shall prepare to submit the name or names of those elected for the purposes of

section 1.

When a Senate nominee may issue a disclaimer

(1) An individual who has been successfully elected pursuant to this Act may, by filing with the Chief Electoral Officer a disclaimer in the prescribed form, request:

(

a) that the individual's name not be submitted to the Queen's Privy Council for Canada; or

(

b) that, if the individual's name has been submitted, the submission of the individual's name be withdrawn.

(2) The filing of a disclaimer pursuant to subsection (1) does not affect any application for an appeal or recount by another candidate.

Part 6 – Other

Controverted election

(1) Any defeated candidate or voter may petition the Supreme Court of British Columbia against the undue election of a candidate at an election held pursuant to this Act.

(2) Subject to the regulations, a petition must be made and dealt with in accordance with

Part 8 of the Election Act and that Act applies, with any necessary modification, for the purposes of this Act.

Expenditures limited during election

(1) Election financing for an election held pursuant to this Act will be consistent with

Part 10 of the Election Act , with the exception of

section 198 and

section 199, and that act applies, with any necessary modification, for that purpose.

(2) No candidate and no business manager or other person acting on behalf of a candidate within the scope of that person's authority shall incur election expenses that exceed the amount prescribed by regulation.

(3) No candidate and no business manager or other person acting on behalf of a candidate shall fail to comply with the prescribed election financing requirements.

(4) Pursuant to

section 1, in respect of an election held in accordance with this Act, the total value of election expenses incurred by a candidate:

(

a) during the period beginning 60 days before the campaign period must not exceed $150,000; and

(

b) during the campaign period must not exceed $300,000.

(5) A registered political party is forbidden from incurring an expense other than that referred to in subsection (6).

(6) Pursuant to subsection (5), if a registered political party incurs an election expense on behalf of a candidate, the expense must be accounted for in accordance with subsection (4) and is counted against the expense limit of a candidate.

General offence

(1) Any person who contravenes any provision of this Act or the regulations is guilty of an offence and is liable on

summary conviction to a fine of not more than $5,000 or to imprisonment for a term not exceeding two years or to both.

Appropriation

(1) Sums required for the purposes of this Act are to be paid out of moneys appropriated by the Legislature for the purpose of this Act.

Regulations

(1) The Lieutenant Governor in Council may make regulations:

(

a) defining, enlarging or restricting the meaning of any word or expression used in this Act but not defined in this Act;

(

b) adopting any provisions of the Election Act or of any regulations made pursuant to that Act and requiring compliance with those provisions;

(

c) adopting any form, oath, declaration or notice prescribed pursuant to the Election Act or any regulations made pursuant to that Act;

(

d) amending or otherwise modifying any of the following adopted pursuant to clause (

b) or (c):

(

i) a provision of the Election Act ;

(ii) a provision of any regulations made pursuant to the Election Act ; or

(iii) a form, oath, declaration or notice;

(

e) prescribing forms for the purposes of this Act;

(

f) prescribing matters to be included in an order issued pursuant to

section 4;

(

g) prescribing matters to be included in a writ;

(

h) prescribing matters to be included in an election proclamation;

(

i) prescribing the manner in which ballot papers must be printed;

(

j) prescribing requirements that printers must comply with when printing ballot papers;

(

k) prescribing election expenditure limits pursuant to

section 37;

(

l) prescribing the number of Senate nominees pursuant to

section 4;

(

m) respecting the manner in which rejected ballots are to be handled;

(

n) for the purposes of

section 29, prescribing the period within which a returning officer must submit a statement of official results of the counted votes to the Chief Electoral Officer;

(

o) respecting election financing requirements that every candidate, every business manager and every other person acting on behalf of a candidate must comply with, including, without restricting the generality of clause (b), adopting for that purpose any provisions of the Election Act or of any regulations made pursuant to that Act and requiring compliance with those provisions;

(

p) prescribing any other matter or thing required or authorized by this Act to be prescribed in the regulations; and

(

q) respecting any other matter or thing that the Lieutenant Governor in Council considers necessary to carry out the intent of this Act.

Sunset

(1) This Act shall cease to have effect eight years after proclamation unless, as determined by the Lieutenant Governor in Council, the distribution of seats in the Senate is amended to provide British Columbia with a more balanced and equitable proportion.

Part 7 – Coming into Force

Coming into force

(1) This Act comes into force on proclamation.

Copyright (

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